HomeTerms and Conditions

Terms and Conditions

DLL EQUIPMENT SALES PLATFORM TERMS AND CONDITIONS

1. General
1. 1.1 This DLL Equipment Sales Site (the “Equipment Sales Platform”) is owned, operated and maintained by De Lage Landen International B.V., a private company with limited liability, incorporated under the laws of the Netherlands under number 17056223 with registered office at Vestdijk 51, 5611 CA, Eindhoven, the Netherlands (hereinafter “DLL”, “us”, “we” or “our”). These terms of use, dated December 15th, 2022, govern your use of the Equipment Sales Platform (the “Terms of Use”).
2. 1.2 The Equipment Sales Platform provides users the opportunity to bid upon, purchase, and acquire different assets/equipment within a digital environment.
3. 1.3 The Equipment Sales Platform is made available for the following users (hereinafter “you”):
  a. the potential customer/bidder
2. Your Acceptance of these Terms of Use
1. 2.1 You agree to accept and to be bound by these Terms of Use (including any changes, modifications and/or replacements) (1) by clicking to accept or agree to these Terms of Use when registering at the Equipment Sales Platform and (2) when placing each bid. If you are using the Equipment Sales Platform on behalf of a company or organization, you warrant that you are entitled to bind that company or organization to these Terms of Use.
3. Logging-in
1. 3.1 When accessing the Equipment Sales Platform for the first time, you must log in with your log-in details (username and password). You are responsible for safeguarding your log-in details and for any activities and actions taking place under your account. You must keep your log-in details confidential and not share your log-in details with any person or third party. You must notify DLL immediately if you become aware of any unauthorized use of your log-in details or any other breach of security.
4. Your Privacy
1. 4.1 As a Controller of your personal data, which you may share with us through this Equipment Sales Platform or otherwise, DLL will at all times process it with the utmost care and respect for your privacy. In a transparent manner, we describe how we use your data in our Privacy Notice https://www.dllgroup.com/gb/en-gb/privacy-statement and our Cookie Statement https://www.dllgroup.com/gb/en-gb/cookie-statement, respectively. When you proceed to register for this service, and to subsequently use or access this Equipment Sales Platform, we will construe this as an indication and acknowledgement that you have read and understood our Privacy Notice and Cookie Statement.
5. Modifications of these Terms of Use
1. 5.1 These Terms of Use are current as of the effective date set forth above. DLL reserves the right to change these Terms of Use from time to time. These changes will be effective as of the date we post the revised version on this Equipment Sales Platform. Your continued use of this Equipment Sales Platform after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use. If at any time you choose not to accept these Terms of Use, you should not log in to and use this Equipment Sales Platform.
2. 5.2 When these Terms of Use have been changed, you will be notified thereof and shall be required to again agree to the Terms of Use prior to placing any bid.
6. Use of this Equipment Sales Platform
1. 6.1 In consideration of your use of this Equipment Sales Platform, you agree that:
  a. to the extent you provide any information to DLL, it will be true, accurate, current, and complete and that you will update all information as necessary;
  b. you are responsible for any documents, content, text, images, data, or other information or materials of any kind you upload, store, update, edit, delete, erase and maintain on the Equipment Sales Platform (“User Content”); and
  c. you will use this Equipment Sales Platform in accordance with these Terms of Use. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Equipment Sales Platform is strictly prohibited. We reserve all rights and remedies available to us.
7. Permission Grant
1. 7.1 Subject to these Terms of Use, DLL grants you limited, non-exclusive and non-transferable permission to lawfully access and use this Equipment Sales Platform and, as applicable, to:
  a. search for and bid on equipment; and
  b. if successful in the bidding process, purchase said equipment.
2. 7.2 You acknowledge and agree that the access and use of this Equipment Sales Platform is provided under permission. You do not acquire any ownership interest in this Equipment Sales Platform under these Terms of Use, or any other rights thereto other than to use and access this Equipment Sales Platform in accordance with and subject to all terms, conditions and restrictions, as defined below.
8. Disclaimer
1. 8.1 DLL retains the right to accept or reject any bid offers, withdraw equipment from sale, and/or assign equipment to a third party. All bids remain mere offers until accepted by DLL, and DLL will only release equipment after it has received indefeasible payment in full.
9. Sale and Purchase Agreement
1. 9.1 In case you are successful in the bidding process, you agree to submit any relevant documentation requested for the execution of a Sale & Purchase Agreement by exchanging pdf signature and/or by industry standard electronic signature software, which shall have the same legal force and effect as wet ink signatures.
2. 9.2 In any proceeding relating to the Sale & Purchase Agreement and any other ancillary documentation signed through this Equipment Sales Platform or any other agreement relating to the legal relation between you and DLL, you waive any right to raise any defence or waiver based upon execution by electronic signatures or electronic maintenance of the executed agreement.
10. Ownership of this Equipment Sales Platform and its Content
1. 10.1 This Equipment Sales Platform, including all its content, are protected under applicable intellectual property and other laws, including without limitation the laws of the Netherlands. All content and intellectual property rights therein are the property of DLL.
2. 10.2 The presence of any content on this Equipment Sales Platform does not constitute a waiver of any right in such content. You do not acquire ownership rights to any such content viewed through this Equipment Sales Platform. Except as otherwise provided herein, none of this content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
11. Confidential Information
1. 11.1 You may not disclose to any third party, any content you download from this Equipment Sales Platform or otherwise receive from or on behalf of DLL which is proprietary, marked as confidential or would normally be considered confidential under the circumstances ( “Confidential Information”).
2. 11.2 Confidential Information does not include information that:
  a. has become publicly known through no breach of any obligations of confidentiality;
  b. has been independently developed without access to the Confidential Information;
  c. is received by you from a third party who has the lawful right to disclose such information; or
  d. required to be disclosed by law or by a governmental authority.
12. Trademarks
1. 12.1 The DLL names and logos (including, without limitation, those of its affiliates), all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within this Equipment Sales Platform, unless otherwise noted, are trademarks (whether registered or not), service marks, and/or trade dress of De Lage Landen International B.V. and/or its affiliates ( “DLL Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within this Equipment Sales Platform are the property of their respective owners. You are not authorized to display or use the DLL Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within this site without the prior written permission of such owners. The use or misuse of the DLL Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
13. Restrictions and Conditions
1. 13.1 When accessing and using this Equipment Sales Platform, you agree that you shall not and shall ensure that any other party acting on your behalf shall not:
  a. violate applicable laws or regulations;
  b. use the Equipment Sales Platform for unlawful purposes, or for (the promotion of) illegal activities, or in a way that could be detrimental to the reputation of DLL and/or its affiliates;
  c. probe, scan or test the vulnerability of any systems or networks, or breach or circumvent any security or authentication measures;
  d. withdraw a bid offer after submitted through the system; in case this happens, you will be subject to the terms of clause 20;
  e. decompile, decrypt, dissemble, modify, translate, adapt, copy, reformat, create derivative works of, or reverse engineer this Equipment Sales Platform, the content or the services, or the credentials necessary to access these, except as expressly permitted pursuant to these Terms of Use; or
  f. share any type of documentation generated according to the permission granted in clause 7 of these Terms of Use with parties that are competitors of DLL or any of its affiliates.
2. 13.2 DLL is entitled to block user access to this Equipment Sales Platform at any time, particularly if you violate any of these Terms of Use.
14. Data Loss
1. 14.1 You agree that DLL shall not be responsible for any loss of data on this Equipment Sales Platform howsoever caused.
15. Modification and Discontinuation
1. 15.1 DLL reserves the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently, this Equipment Sales Platform (or any portion thereof) and/or the information, materials, products and/or services provided through this Equipment Sales Platform (or any part thereof) with or without notice. You agree that DLL has no obligation to provide any updates or to continue to provide or enable any particular features or functionality, and that DLL shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Equipment Sales Platform.
16. Third-party Content and Links to Third-party Websites
1. 16.1 The Equipment Sales Platform may display, include or make available third-party content. You acknowledge and agree that DLL is not responsible for any third-party content displayed and provided to you on the Equipment Sales Platform, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. DLL does not assume and will not have any liability or responsibility to you or any other person or entity for any third-party content.
2. 16.2 This Equipment Sales Platform may provide links to other websites operated by third parties. DLL is not responsible for the availability of those websites and does not endorse and is not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. DLL shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.
17. Term and Termination
1. 17.1 Your access and/or use of this Equipment Sales Platform commences upon first time access and/or use of this Equipment Sales Platform and will continue until terminated by you or DLL as set forth in this section.
2. 17.2 DLL may terminate your access and/or use of this Equipment Sales Platform at any time without notice if:
  a. it ceases to support or operate this Equipment Sales Platform, which DLL may do in its sole discretion; or
  b. you violate any of these Terms of Use.
3. 17.3 Upon termination:
  a. all rights granted to you under these Terms of Use will also terminate; and
  b. you must cease all use of this Equipment Sales Platform.
4. 17.4 Termination will not limit any of DLL’s rights or remedies under these Terms of Use or at law.
18. Disclaimer of Warranties
1. 18.1 DLL makes no representations or warranties with respect to this Equipment Sales Platform or its content, or any product or service provided on this Equipment Sales Platform. This Equipment Sales Platform and all of its content are provided on an “as is”, “as available” basis, without representations or warranties of any kind.
2. 18.2 DLL does not represent or warrant that this Equipment Sales Platform, its servers, or any transmissions sent from DLL or through this Equipment Sales Platform will be free of any harmful components (including viruses). DLL does not make any representations or warranties against the possibility of deletion, misdelivery, or failure to store communications, personalized settings, or other data. You accept that DLL’s shareholders, owners, officers, directors, employees and other representatives shall have the benefit of this clause.
3. 18.3 You represent and warrant that the content you provided does not violate the law nor infringe any rights of third parties and that you have the right to upload, store and maintain such User Content. DLL shall in no way be held liable for such User Content provided by you.
4. 18.4 Applicable law may not allow the limitation of certain warranties, so all or part of this disclaimer of warranties may not apply to you.
19. Limitation of Liability
1. 19.1 In no event shall DLL, its affiliates, personnel, subcontractors or agents be liable for any loss or damages in connection with or arising out of this Equipment Sales Platform and/or these Terms of Use, except for loss or damages resulting from the intent (opzet) or wilful misconduct (grove schuld) by DLL or the management (leidinggevenden) of DLL.
20. Indemnification
1. 20.1 You agree to indemnify, defend and hold harmless DLL, its subsidiaries and affiliates, and respective officers, agents, partners and employees, from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your use of this Equipment Sales Platform in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any material that you post using this Equipment Sales Platform causes DLL to be liable to another. DLL reserves the right to defend any such claim, and you agree to provide DLL with such reasonable cooperation and information as we may request.
21. Governing Law
1. 21.1 These Terms of Use are governed by and construed in accordance with the laws of the Netherlands without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to these Terms of Use or the access and use of this Equipment Sales Platform shall be instituted exclusively in the competent courts of Amsterdam, the Netherlands.
2. 21.2 English language words used in these Terms of Use intend to describe Dutch legal concepts only and the consequences of the use of those words in English law or any other foreign law shall be disregarded.
22. Severability
1. 22.1 If any provision of these Terms of Use is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms of Use will continue in full force and effect.
23. Entire Agreement
1. 23.1 These Terms of Use constitute the entire understanding and agreement between you and DLL with respect to your access to and use of this Equipment Sales Platform and supersede all prior or contemporaneous communications, negotiations, and agreements, whether written, oral, or electronic, between you and DLL with respect to this Equipment Sales Platform and your use of this Equipment Sales Platform.
2. 23.2 In case of any conflict of interpretation between the English version of the Terms of Use and any other version provided in different languages, the English version shall prevail.
24. Waiver
1. 24.1 No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.
25. Questions
1. 25.1 If you have any questions about this Equipment Sales Platform or these Terms of Use, please contact us using the following https://www.dllgroup.com/gb/en-gb/contact-us.