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Know your rights and obligation as you navigate makana.com

Legal Notice

makana.com is operated by Makana Machinery Trading LLC, a company registered under Dubai International Financial Centre (DIFC) regulations, and is part of Makana Technologies Holding LTD. Our principal place of business is located in Jebel Ali Free Zone (JAFZA), Dubai, UAE. By accessing and using makana.com, you agree to comply with the applicable laws and regulations governing our operations within these jurisdictions.

Auction terms of sale

By agreeing and proceeding, you, as 'Bidder,' confirm that you accept these Terms and any auction-specific terms, which together form our entire agreement for your auction participation, whether online or on-site. We grant you the bidding right but may deny or revoke this at any time. You acknowledge our role as the consignors' agent and that your bidding privilege is based on the stipulations in these Terms, which remain binding even if your bidding right is suspended or revoked.
Auction items will be presented in lots, either singularly or in groups. The highest accepted bid will identify the purchaser, who cannot retract their bid. All transactions are definitive and final.
You, in any role, and the entity you represent agree, both together and individually, to: (a) indemnify us and our Consignors against all actions and losses related to your participation in the auction; (b) pay for your purchases and applicable taxes, even if you no longer hold your bidder number; (c) extend all our rights and defenses to the Consignor.
We reserve the right, without notice or liability to you, to: (a) withdraw or cancel any Lot from sale, (b) extend bidding deadlines, or (c) group Lots or offer them with privileges.
You acknowledge that continuous, secure access to our bidding platforms and applications, including our timed auction lot terminals, cannot be guaranteed. Failures, outages, and delays beyond our control may occur. We will not be liable for any claims or losses related to such events.
You must not bid, directly or indirectly, on any Lot: (a) if you are the Consignor or an associate of the Consignor; or (b) on behalf of someone who is the Consignor or an associate of the Consignor.
All auction lots are sold 'as is, where is' without any warranties or guarantees, either expressed or implied. No claims can be made against us for the lots' compliance with safety, pollution, or hazardous material standards, their suitability for a particular purpose, their merchantability, age, year, model, make, condition, importability, or documentation completeness. You acknowledge your responsibility to independently verify lot information and agree to bear the costs of bringing any purchased lot up to safe operating standards or compliance with any laws or regulations.
You agree to initiate any claims related to this agreement within six months from when the dispute arose. Claims not filed within this timeframe will be permanently barred.
You acknowledge the inherent risks of an auction site and release us, our affiliates, and our respective agents and employees from all claims and losses, including injuries, harm, or property damage or loss, from any cause.
We will resolve any bidding disputes and may re-auction disputed lots. We reserve the right to set bidding increments and refuse bids not meeting these increments.
Upon bid acceptance, purchases are your responsibility and remain at your risk. You are responsible for insuring your purchases immediately; we are not liable for loss or damage to any Lot.
Transaction fees for each Lot are as follows: (a) 15% for Lots up to USD 5,000 (min. USD 100/Lot), (b) 10% for Lots over USD 5,000 to USD 12,000 (min. USD 750/Lot), (c) 4.85% for Lots over USD 12,000 to USD 75,000 (min. USD 1,200/Lot), and (d) USD 3,638 for Lots over USD 75,000.
We may require a deposit for bid registration, which becomes non-refundable if these Terms are breached.
Outstanding balances are due within 7 days post-auction. We reserve the right to apply any payments or deposits from you towards any dues. Cash and third-party payments are not accepted without prior written approval from us, at our own discretion.
Full payment, including applicable taxes, is required for possession. Failure to pay or comply results in our lien on your Lots, with the right to resell without notice. Resale proceeds, after deducting commissions (15% for Lots over USD 3,000; 25% for Lots at or below USD 3,000, with a USD 195 minimum per Lot), and costs, will be credited to your account. You're responsible for any shortfall from the resale.
Purchases must be removed from the auction site by the specified deadline, with all removal costs and risks on you. Proof of insurance may be required for items needing dismantling or special handling. You'll indemnify us and the Consignor against any damage from your removal actions. Failure to remove purchases on time results in storage fees and may lead to the items being considered abandoned and resold or stored at your expense. You're responsible for any additional costs or damages resulting from delayed removal.
No sale will be invalidated due to defects, inaccuracies, or incorrect descriptions of Lots on our website, catalog, or elsewhere. We accept no liability for such errors. Listings serve as guides only, created from sources believed reliable and information from the Consignor, without guaranteed accuracy. You are responsible for inspecting equipment and conducting your inquiries before bidding.
Upon full payment, available documents will be immediately provided, or mailed within 10 banking days post-payment. Document availability depends on the Consignor's provision. Provided documents are valid only in the auction's jurisdiction.
If we cannot provide or deliver a Lot, clear its title, or the required documentation for any reason, our only liability will be to refund the purchase price upon the Lot's return. Lots without a clear title must be returned to us upon demand.
Overdue payments will incur interest at 18% per annum or the maximum legal rate, plus any legal or collection expenses we face.
These Terms can only be modified through written agreement between both parties. Assignment of your rights under this Agreement requires our prior written consent.
Beyond clause 19, except for our gross negligence or intentional misconduct, we and our personnel and subcontractors are not liable for any damages or losses (including direct, indirect, or consequential, such as loss of revenue, profits, reputation, or cost of replacements) to the fullest extent law permits. Should we be found liable, despite the above, our maximum liability for any damages arising from these Terms, the auction, or our services will not exceed USD 1,000.
These Terms and any related disputes or claims (including non-contractual) are governed by UAE law, excluding the UN Convention on Contracts for the International Sale of Goods. Unresolved disputes will undergo arbitration per DIFC LCIA Arbitration Centre rules, incorporated here by reference. Arbitration specifics include: one arbitrator per the Rules; Dubai International Financial Centre, Dubai, UAE, as the seat; Dubai as the location for hearings; and English as the proceedings language. Both parties agree, where law allows, not to oppose enforcement of any arbitration award in court and to accept that court's jurisdiction for enforcement proceedings.
Participation and purchases must comply with all applicable export and re-export control laws and regulations. By engaging with us, you affirm that you're not prohibited by these laws from buying Lots and will not breach these regulations. It's your responsibility to understand and secure any necessary licenses for exporting or importing purchased Lots. Any actions contrary to these conditions absolve us and our Consignors of liability, and no indemnity or compensation claims related to such actions will be entertained.
You agree that auction-related information, including bid amounts, pricing, results, and any data from our catalogs or online listings, as well as audio/video from auctions ('Auction Data'), is for your use solely for bidding purposes. You must not record, store, reproduce, or redistribute Auction Data without our explicit written consent. We and our licensors hold all rights to Auction Data, and you may not commercialize or exploit this data in any form.
During registration, we use your information for identification, bid processing, and service provision related to auctions. For details on data usage and legal bases, see our privacy policy at www.makana.com/privacy-policy. Your data may be stored or accessed outside the UAE under appropriate safeguards. We may share your information within the Makana brand as outlined in our privacy policy. With your consent or as law allows, we'll communicate electronically about our services. Information about your bids may be shared with the equipment's manufacturer (OEM) and local dealers under certain agreements. Once shared, the OEM or dealer's privacy policy and jurisdiction laws apply. OEMs use this information for market analysis, warranty and service communication, and other purposes as per their privacy policies. You have rights regarding your personal data, including opting out of disclosures to OEMs and dealers by contacting legal@makana.com. For other data rights, refer to our privacy policy. Accepting these Terms includes consent to data processing, international transfer, and sharing as described and per our privacy policy.

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Auction terms of sale

By agreeing and proceeding, you, as 'Bidder,' confirm that you accept these Terms and any auction-specific terms, which together form our entire agreement for your auction participation, whether online or on-site. We grant you the bidding right but may deny or revoke this at any time. You acknowledge our role as the consignors' agent and that your bidding privilege is based on the stipulations in these Terms, which remain binding even if your bidding right is suspended or revoked.

Auction items will be presented in lots, either singularly or in groups. The highest accepted bid will identify the purchaser, who cannot retract their bid. All transactions are definitive and final.

You, in any role, and the entity you represent agree, both together and individually, to: (a) indemnify us and our Consignors against all actions and losses related to your participation in the auction; (b) pay for your purchases and applicable taxes, even if you no longer hold your bidder number; (c) extend all our rights and defenses to the Consignor.

We reserve the right, without notice or liability to you, to: (a) withdraw or cancel any Lot from sale, (b) extend bidding deadlines, or (c) group Lots or offer them with privileges.

You acknowledge that continuous, secure access to our bidding platforms and applications, including our timed auction lot terminals, cannot be guaranteed. Failures, outages, and delays beyond our control may occur. We will not be liable for any claims or losses related to such events.

You must not bid, directly or indirectly, on any Lot: (a) if you are the Consignor or an associate of the Consignor; or (b) on behalf of someone who is the Consignor or an associate of the Consignor.

All auction lots are sold 'as is, where is' without any warranties or guarantees, either expressed or implied. No claims can be made against us for the lots' compliance with safety, pollution, or hazardous material standards, their suitability for a particular purpose, their merchantability, age, year, model, make, condition, importability, or documentation completeness. You acknowledge your responsibility to independently verify lot information and agree to bear the costs of bringing any purchased lot up to safe operating standards or compliance with any laws or regulations.

You agree to initiate any claims related to this agreement within six months from when the dispute arose. Claims not filed within this timeframe will be permanently barred.

You acknowledge the inherent risks of an auction site and release us, our affiliates, and our respective agents and employees from all claims and losses, including injuries, harm, or property damage or loss, from any cause.

We will resolve any bidding disputes and may re-auction disputed lots. We reserve the right to set bidding increments and refuse bids not meeting these increments.

Upon bid acceptance, purchases are your responsibility and remain at your risk. You are responsible for insuring your purchases immediately; we are not liable for loss or damage to any Lot.

Transaction fees for each Lot are as follows: (a) 15% for Lots up to USD 5,000 (min. USD 100/Lot), (b) 10% for Lots over USD 5,000 to USD 12,000 (min. USD 750/Lot), (c) 4.85% for Lots over USD 12,000 to USD 75,000 (min. USD 1,200/Lot), and (d) USD 3,638 for Lots over USD 75,000.

We may require a deposit for bid registration, which becomes non-refundable if these Terms are breached.

Outstanding balances are due within 7 days post-auction. We reserve the right to apply any payments or deposits from you towards any dues. Cash and third-party payments are not accepted without prior written approval from us, at our own discretion.

Full payment, including applicable taxes, is required for possession. Failure to pay or comply results in our lien on your Lots, with the right to resell without notice. Resale proceeds, after deducting commissions (15% for Lots over USD 3,000; 25% for Lots at or below USD 3,000, with a USD 195 minimum per Lot), and costs, will be credited to your account. You're responsible for any shortfall from the resale.

Purchases must be removed from the auction site by the specified deadline, with all removal costs and risks on you. Proof of insurance may be required for items needing dismantling or special handling. You'll indemnify us and the Consignor against any damage from your removal actions. Failure to remove purchases on time results in storage fees and may lead to the items being considered abandoned and resold or stored at your expense. You're responsible for any additional costs or damages resulting from delayed removal.

No sale will be invalidated due to defects, inaccuracies, or incorrect descriptions of Lots on our website, catalog, or elsewhere. We accept no liability for such errors. Listings serve as guides only, created from sources believed reliable and information from the Consignor, without guaranteed accuracy. You are responsible for inspecting equipment and conducting your inquiries before bidding.

Upon full payment, available documents will be immediately provided, or mailed within 10 banking days post-payment. Document availability depends on the Consignor's provision. Provided documents are valid only in the auction's jurisdiction.

If we cannot provide or deliver a Lot, clear its title, or the required documentation for any reason, our only liability will be to refund the purchase price upon the Lot's return. Lots without a clear title must be returned to us upon demand.

Overdue payments will incur interest at 18% per annum or the maximum legal rate, plus any legal or collection expenses we face.

These Terms can only be modified through written agreement between both parties. Assignment of your rights under this Agreement requires our prior written consent.

Beyond clause 19, except for our gross negligence or intentional misconduct, we and our personnel and subcontractors are not liable for any damages or losses (including direct, indirect, or consequential, such as loss of revenue, profits, reputation, or cost of replacements) to the fullest extent law permits. Should we be found liable, despite the above, our maximum liability for any damages arising from these Terms, the auction, or our services will not exceed USD 1,000.

These Terms and any related disputes or claims (including non-contractual) are governed by UAE law, excluding the UN Convention on Contracts for the International Sale of Goods. Unresolved disputes will undergo arbitration per DIFC LCIA Arbitration Centre rules, incorporated here by reference. Arbitration specifics include: one arbitrator per the Rules; Dubai International Financial Centre, Dubai, UAE, as the seat; Dubai as the location for hearings; and English as the proceedings language. Both parties agree, where law allows, not to oppose enforcement of any arbitration award in court and to accept that court's jurisdiction for enforcement proceedings.

Participation and purchases must comply with all applicable export and re-export control laws and regulations. By engaging with us, you affirm that you're not prohibited by these laws from buying Lots and will not breach these regulations. It's your responsibility to understand and secure any necessary licenses for exporting or importing purchased Lots. Any actions contrary to these conditions absolve us and our Consignors of liability, and no indemnity or compensation claims related to such actions will be entertained.

You agree that auction-related information, including bid amounts, pricing, results, and any data from our catalogs or online listings, as well as audio/video from auctions ('Auction Data'), is for your use solely for bidding purposes. You must not record, store, reproduce, or redistribute Auction Data without our explicit written consent. We and our licensors hold all rights to Auction Data, and you may not commercialize or exploit this data in any form.

During registration, we use your information for identification, bid processing, and service provision related to auctions. For details on data usage and legal bases, see our privacy policy at www.makana.com/privacy-policy. Your data may be stored or accessed outside the UAE under appropriate safeguards. We may share your information within the Makana brand as outlined in our privacy policy. With your consent or as law allows, we'll communicate electronically about our services. Information about your bids may be shared with the equipment's manufacturer (OEM) and local dealers under certain agreements. Once shared, the OEM or dealer's privacy policy and jurisdiction laws apply. OEMs use this information for market analysis, warranty and service communication, and other purposes as per their privacy policies. You have rights regarding your personal data, including opting out of disclosures to OEMs and dealers by contacting legal@makana.com. For other data rights, refer to our privacy policy. Accepting these Terms includes consent to data processing, international transfer, and sharing as described and per our privacy policy.