General Terms and Conditions
Welcome to use the Internet-based services provided by Mascus via the
(below called "Internet Service"). By using and/or registering into the
Internet Service you agree to comply with the terms set forth below.
Therefore, we ask that you carefully review the terms.
The general terms of other parties than Mascus are hereby explicitly
1. General information on internet service
Internet Service is an Internet-based public marketplace for users in
order to find, buy and sell heavy vehicles and machinery. The internet
Service presents an up to date selection of used vehicles and machinery from
leading manufacturers and retailers. It is also possible for private sellers
to place ads. Internet Service brings together buyers and sellers.
The purpose of the Internet Service is to publish advertisements of used
vehicles and machinery on the Internet. Sales agreement regarding a used
vehicle or a used machine offered for sale on the Internet Service
("Object") is always drawn up and entered into between the seller and the
buyer directly. Mascus is in no way involved in the transaction or the
purchase contract. All details of the Object are provided by the seller.
Mascus is not responsible for the information presented in the advertisement
in the Internet Service.
The purpose of the advertisements published in
the Internet Service is solely to inform. Although Mascus wishes that
sellers who use the Internet Service are careful and act in good faith,
Mascus cannot guarantee that the data supplied by sellers is free from
errors. Before purchasing an Object that is advertised for sale on the
Internet Service, the buyer is obliged to check with the seller all the
details that may affect the buyer’s purchase decision. When buying a used
item through Internet Service, the buyer should be as careful as if buying a
similar item via an ad in a newspaper or otherwise.
If you decide to get
yourself a used vehicle or machine, to use financing or transportation
service or any other product on the basis of data published in the Internet
Service, your contracting partner is the seller of the product and not
2. To register as a user of the Internet Service
If you want to register as a user on Mascus Internet Service, enter the
user data requested and agree to comply with the terms and conditions which
have been provided to you before registering as a user (through the
hyperlink). Mascus stores the information you provided, which means you do
not need to enter them again when you use the Internet Service the next
time. Anyone who registers as a user of the service should be of minimum age
of 18 years old.
By accepting the terms of the Internet Service, you
certify that the information you have provided is correct and agree to
without delay notify Mascus by e-mail if your details change. Mascus
reserves the right to refuse registration without giving any reason. Mascus
may terminate your user rights if the information provided is insufficient
or incorrect or if you have neglected to notify changes. Mascus can also
deny you the right to use the Internet Service and cancel your account if
you act against the terms and conditions. Mascus has also at its disposal
the means of legal protection which the law determines.
To use the
Internet Service, you need a username and password that must be kept safe
from access for unauthorized persons. As a user of the Internet Service, you
must immediately notify Mascus by e-mail if a third party has gained access
to your user name or password. Until the message is received, you are
responsible for the use of the Internet Service with your username and
password, although the use would be unauthorized by you.
Mascus respects users' privacy and strives with commercially reasonable
means to prevent inappropriate use of the personal data provided to the
Internet Service. Data collected or provided to Mascus is stored on servers
in Europe. Mascus may use and transfer customer information (such as name
and e-mail addresses) to third party service providers to perform functions
in connection with Mascus’ services. When Mascus uses third party service
providers who help Mascus support its business operations, Mascus uses
contractual and technological means to require those service providers only
to use the information provided to them to deliver Mascus’ products and
services – not for their own use. Data can also be transferred to suppliers
of accessories, supplementary products and financing services, or to other
suppliers of used machinery and services, in accordance with a user’s
request for those services. Further information can be found in our
Mascus. By registering as a user of the Internet Service you agree to this
4. To publish an advertisement
An ad that you post or send to Mascus is interpreted as a request to have
the advertisement published on the Internet Service. It is the seller's
responsibility to specify in which category of the site each advertisement
must be published; on Mascus website listings, on Mascus Plus (seller's own
used machines listing on its own website) and/or the seller's own
The user of the Internet Service is responsible for making sure that it has
acquired necessary rights and permissions to the content produced by it to
the Internet Service. The content produced by it should not infringe any
intellectual property rights or other rights of any other person or entity
and should not contain statements or material the publication of which may
give rise to liability to damages or liability for Mascus. The user of the
Internet Service shall fully compensate any and all damage to Mascus if the
content does not comply with this provision.
If an advertisement for some reason is not suitable for publication, Mascus
will contact the seller via email. Mascus reserves the right to remove the
content immediately without further notice to the seller and to terminate
the usage rights of a seller or buyer that, according to Mascus assessment,
is using the Internet Service improperly or in a way contrary to good
manners. The preconditions for publication of each advertisement are
An advertisement may only apply to one Object (used vehicle or a used
It is the seller´s responsibility to ensure that the advertisement contains
the correct product data that provides sufficient information about the
Object, its condition and other factors that are important in view of a
buyer in compliance with laws, government regulations and good merchant
manners. You agree to comply with the information on price and warranty and
other information you provide in your ad. It is your responsibility to
notify Mascus if the advertised Object has been sold, so your ad can be
Mascus has the right to edit, classify, and copy all or part of the material
you have entered into the Internet Service and use it freely in its
Mascus is not able to check whether the information supplied by the users is
correct. Therefore, the informant is fully liable for any costs and damages
incurred due to incorrect information given to Mascus. It is possible to
suspend the publication of an advertisement at any time. Advertisement fee
will not be charged if the advertisement is cancelled before it is
Due to Mascus intervals to index data and safety measures, the contents of
paid advertisements are not immediately visible on Mascus Internet Service.
Indexing intervals can vary depending on server load. Ads from Mascus
invoice customers are usually visible on the Internet within hours. To
ensure the safety of our customers and visitors, private advertisements are
checked for fraudulent, deceptive or unlawful content. This check can take
up to 72 hours until the advertisements are visible on the Mascus Internet
Mascus is required to return the advertisement fee if Mascus fails to
publish an approved advertisement. The compensation for an unpublished
advertisement is limited in all cases to the paid advertisement fee.
Advertisement fee does not need to be returned if the advertisement has not
been published because of factors beyond Mascus control or for reasons which
Mascus could not reasonably foresee or prevent.
5. Charges and Billing
It's free to register as a user of the Internet Service, to read the ads,
contact sellers and to publish inquiries.
The publication of individual ads on Internet Service is a chargeable
service. The fees charged for the published advertisements are set according
to the current price list. VAT will be added to all prices on Mascus price
Publication of an advertisement that is sent to the Internet Service is
always conditional upon that the fee is paid for the advertisement.
Advertisements are paid either by using online banking, giro, bank transfer
or by credit card. On the Mascus start pages there are links to the online
banking to be used for payment. No advertisement will be published before it
is fully paid. Contract customers who market their used vehicles and
machinery on a regular monthly basis, get invoices according to price list
or customer agreement.
6. Information on advertised vehicles and machinery
Mascus wants to emphasize to the user that the data on the used vehicles
and machines on the Internet Service comes from the sellers. The data on the
Object´s estimated condition is based on a subjective assessment by the
seller, and is the seller's own perception of the Object's condition.
The data on the used vehicle's/machine´s condition is thus not based on an
evaluation conducted by an independent and neutral observer. Mascus is not
responsible for the correctness of such information.
7. Intellectual Property Rights
The user acknowledges that all intellectual property rights with respect
to the web sites, the domains, the sub domains, the design, the text, the
content, the images, the logo, the trademark Mascus, the software and
program material and other material contained in the Internet Service
belongs to Mascus, with the exception of the content of the ads, and the
user hereby explicitly waives any rights in respect of such intellectual
property. Unless Mascus has explicitly given written permission, the users
may not distribute, publish, reproduce, make available to the public or
commercially or otherwise exploit the protected material.
8. Compensation for damages and limitation of liability
Mascus does not warrant that the Internet Service will operate error-free
or that the Internet Service and its servers are free from computer viruses
or other harmful mechanisms. Mascus cannot be held liable for any damage
resulting from errors, computer viruses or other harmful mechanisms. If the
use of the Internet Service results in the need for servicing or replacing
equipment or data, Mascus is not responsible for these costs. Internet
Service is delivered "as is" and Mascus is not responsible for any damages
caused by the use of the Internet Service or the malfunction or failure of
the Internet Service.
If there is an error caused by Mascus in the case of fee-based services,
Mascus can choose either to correct the error or return the advertisement
fee to the user. The amount of compensation is at most equal to the amount
of the ad fee that the user has paid for Mascus for use of the Internet
Service. Mascus is not responsible for damage caused by user or third party
or damage that Mascus could not reasonably have foreseen.
On the Internet Service you will find links to Internet sites that are
published by external service providers which are independent from Mascus.
Although Mascus offers you links to these services, Mascus wants to point
out that these services are provided by the relevant service providers and
are to be used on terms determined by those suppliers. Mascus is not
responsible in any way for the products or services of others.
The total liability of Mascus under this agreement shall in all cases be
limited to EUR 500, except in cases where the damage has been caused by an
intentional act or through gross negligence.
Mascus has the right, without notice, in whole or in part, remodel,
remove, add or otherwise change the contents of the Internet Service, or its
operating times, technical details or other content. Mascus has the right to
temporarily suspend delivery of the Internet Service for maintenance or
modification of the Internet Service and Mascus cannot be held liable for
such suspension, maintenance or modification.
10. Amendment of conditions
The selection and design of the Internet Service is constantly evolving
and therefore Mascus reserves the right to change the conditions of its
services. At the time of log in the user shall be informed of the amended
terms and conditions, or via e-mail. The amendments will become effective
after log in or within 30 days after publishment of the amendments on the
Internet Service (including through email). If you continue to use the
Internet Service after the terms have been changed, you acknowledge that the
new terms are binding on you even if you have registered as user prior to
the new terms came into force.
If you believe that material in the Internet Service to any part is
incorrect or faulty, please notify us by sending information to Mascus from
the "feedback" link on the Internet Service´s front page. Please describe
the error or defect in detail in the message.
12. Nullity of Terms
If any term of these general terms is considered to be invalid, void or
unenforceable to any extent, all remaining terms shall remain in full force
13. Force majeure
A party is not liable for breach of contractual obligations due to
obstacles that are beyond the party´s influence (e.g. strike, lockout, data
communication disorder, fire, theft, water damage, sabotage, vandalism or
any other such unexpected event), obstacles a party reasonably could not
predict when concluding the agreement and the consequences which the party
could not reasonably have prevented.
14. Validity of terms
These binding conditions will take effect when you accept them by using
the Internet Service or by registering as a user on the Internet Service.
The conditions are valid for an indefinite period. Mascus can always deny
the user the right to use the Internet Service if the user violates these
conditions, interferes with other users or usage of the service.
15. Early termination
Notwithstanding what is otherwise prescribed, either party may by notice
cancel the agreement with immediate effect if:
a) Either party fundamentally breaches its responsibilities under this
agreement and fails to remedy within 30 days after written request.
b) Either party suspends payments, offers instalment, goes bankrupt, becomes
subject to seizure or other similar circumstance occurs that could
reasonably be regarded as evidence of insolvency or liquidation.
Mascus has the right to use subcontractors in the provision of its
17. Settlement of disputes and applicable law
Dutch law shall apply to this agreement, excluding its choice of law
provisions. Any dispute, controversy or claim arising out of or relating to
this agreement, or the breach, termination or validity thereof, shall be
finally settled by the Court of Amsterdam, the Netherlands.
18. Company details
Mascus contact details:
410 S. Ware Blvd.
Tampa, Florida 33619-4469
+1 877 7.MASCUS
Ritchie Bros. Auctioneers (America) Inc.
4000 Pine Lake Road
Lincoln NE, 68516