Terms of Service

01 Acceptance of These Terms

These Terms of Service ("Terms") form a legally binding agreement between you andCLASSTRUCKS POLAND SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, a limited liability company incorporated in Poland on 15 June 2016, registered in the National Court Register (KRS) under number0000623355, tax identification number (NIP) 8351606502, with its registered office at Mszczonowska 35, 96-200 Rawa Mazowiecka, Poland ("ClassTrucks Poland", "we", "us").

By accessing the website at classtruckspoland.co, submitting an enquiry, requesting a quotation, listing a machine, or entering into any transaction facilitated by us, you confirm that you have read, understood and accepted these Terms in full. If you act on behalf of a company, you warrant that you are authorised to bind that company.

Our services are directed at business users engaged in the professional purchase and sale of agricultural and construction machinery. Where mandatory consumer protection law of your jurisdiction nonetheless applies to you, nothing in these Terms limits rights that cannot lawfully be excluded.

02 Definitions

In these Terms, the following expressions have the meanings set out below:

• "Platform" — the website classtruckspoland.co, its subpages, listing systems, enquiry forms and associated communication channels including our WhatsApp business line.
• "Machine" — any item of used agricultural or construction equipment presented on the Platform, including excavators, wheel loaders, tractors, combine harvesters, cranes, telehandlers, compactors and attachments.
• "Listing" — the presentation of a Machine on the Platform, including photographs, specifications, engine hours, condition statements and price indications.
• "Buyer" — any person or entity enquiring about or purchasing a Machine.
• "Seller" — any person or entity offering a Machine for sale, whether ClassTrucks Poland itself (direct stock), a Verified Dealer, or a third-party consignor for whom we act as broker.
• "Verified Dealer" — a trade partner that has completed our dealer verification process described on the Verified Dealers page.
• "Transaction Documents" — the proforma invoice, commercial invoice, sale agreement or brokerage mandate that govern an individual purchase or sale, together with these Terms.
• "Inspection Report" — a written condition assessment of a Machine prepared by our technicians or an appointed independent inspector.

03 Scope of Services

ClassTrucks Poland operates in three distinct capacities, and the applicable legal relationship depends on which capacity applies to your transaction:

3.1 Direct sales of own stock

For Machines we own, we act as the seller of record. The sale contract is between you and ClassTrucks Poland, evidenced by the commercial invoice and any signed sale agreement.

3.2 Brokerage

For consigned Machines, we act as an intermediary between Buyer and third-party Seller. We facilitate the introduction, condition verification, negotiation and documentation, but the underlying sale contract may be concluded directly between Buyer and Seller. Where this is the case, it is stated on the Transaction Documents.

3.3 Ancillary services

We arrange, either directly or through vetted subcontractors, ancillary services including pre-purchase inspections, loading, inland transport, sea freight booking, export customs clearance and documentation support. Each ancillary service is quoted and invoiced separately unless expressly bundled in a Transaction Document.

04 Eligibility & Accounts

You may use the Platform only if you are at least 18 years old and legally capable of entering binding contracts. Business buyers must be validly registered in their home jurisdiction; we may request extracts from commercial registers, VAT registration confirmations or beneficial ownership information before concluding higher-value transactions, in line with our anti-fraud and anti-money-laundering obligations.

Where account functionality is offered, you are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us immediately at [email protected] if you suspect unauthorised use.

We may refuse, condition or discontinue service to any person or entity where required by sanctions law, export control regulations, or where we have reasonable grounds to suspect fraudulent or unlawful activity.

05 Listings & Machine Information

We take listing accuracy seriously: it is the foundation of remote machinery trading. Nevertheless, you acknowledge the inherent characteristics of used heavy equipment:

• Photographs show the Machine at the time they were taken; surface condition may change during storage and transport.
• Engine hours, mileage and service history are stated based on instrument readings and available records; absolute verification of a used machine's full history is not always possible.
• Specifications are drawn from manufacturer data and may vary by production series, options and later modifications.
• Price indications are invitations to negotiate, not binding offers, until confirmed in a proforma invoice.
• Availability changes in real time; a Machine remains available for sale until a deposit or full payment is received, regardless of ongoing discussions.

Listings marked "Verified" have been physically checked by our team or a Verified Dealer. Listings without this mark are published on the basis of Seller-supplied information which we have reviewed for plausibility but not physically confirmed. If any listing information proves materially incorrect prior to completion, your remedy is to withdraw from the transaction and receive back any amounts paid for the affected Machine.

06 Buyer Obligations

As a Buyer you undertake to:

• Provide accurate identity, company and destination information for Transaction Documents and export declarations.
• Perform the level of due diligence appropriate to the transaction value — we recommend a pre-purchase inspection for any Machine above €50,000 or any Machine you cannot view personally.
• Pay in accordance with the agreed Transaction Documents, from an account held in the name stated on the invoice.
• Comply with the import regulations, homologation requirements and emission standards of your destination country. It is your responsibility to confirm a Machine may be lawfully imported and operated at destination.
• Not use the Platform to contact Sellers with the purpose of circumventing agreed brokerage arrangements.
• Take delivery within the agreed period; storage charges of up to €35 per Machine per day may apply after 14 days of gratuitous storage following the agreed collection date.

07 Seller & Dealer Obligations

Sellers and Verified Dealers listing Machines through the Platform undertake to:

• Hold clean, unencumbered title to each Machine offered, free of liens, finance balances or third-party claims, or disclose any encumbrance in writing before listing.
• Describe each Machine accurately, including known defects, accident history, hour meter replacements and non-original components.
• Keep availability information current and withdraw sold Machines within one business day.
• Permit inspection of listed Machines by us or an appointed independent inspector on reasonable notice.
• Cooperate in export documentation, including providing declarations of origin and technical files where held.
• Refrain from off-platform circumvention of introduced Buyers for a period of 12 months following introduction.

Breach of these obligations may result in delisting, loss of Verified Dealer status, withholding of sale proceeds pending resolution, and liability for losses caused to Buyers or to us.

08 Inspections & Condition

Pre-purchase inspections are strongly recommended and are described in detail on ourInspection Services page. The following terms apply to all Inspection Reports:

• An Inspection Report reflects the Machine's observable condition on the inspection date using non-destructive methods. It is not a guarantee of future performance or remaining component life.
• Internal component condition (engine internals, hydraulic pump wear, transmission clutch packs) can only be assessed indirectly through fluid analysis, test operation and diagnostic readings, all of which are stated in the report where performed.
• Inspection scope exclusions are listed in each report. Items not listed as checked were not checked.
• Inspection fees are payable regardless of whether the transaction proceeds and are non-refundable once the inspection has been performed.
• Where an inspection reveals material discrepancies against the Listing, the Buyer may withdraw without penalty and any Machine deposit is returned in full; the inspection fee itself remains payable.

09 Pricing, Payment & Taxes

9.1 Prices

Prices are quoted in EUR net of VAT, loading, transport and export services unless expressly stated otherwise. A price becomes binding when stated on a proforma invoice, and remains valid for the validity period printed on it (7 calendar days unless stated otherwise).

9.2 Payment

Payment is made by bank transfer to the ClassTrucks Poland corporate account stated on the invoice, which appears on the Polish Ministry of Finance VAT whitelist. We never request payment to personal accounts or accounts in third countries. A Machine is reserved upon receipt of the agreed deposit and released for collection or shipment only after full cleared payment.

9.3 Taxes

Polish VAT treatment follows the rules summarised in our Help Center: 23% for domestic sales and EU buyers without a valid VIES VAT number; 0% reverse-charge for validated EU business buyers; 0% for exports upon confirmed customs exit. Import duties, destination VAT and local taxes at the destination are exclusively the Buyer's responsibility.

9.4 Late or failed payment

If the balance is not received within the period stated in the Transaction Documents, we may cancel the reservation and resell the Machine. Deposits on cancelled reservations are refunded less documented costs actually incurred (inspection, storage, preparation), unless the Transaction Documents state a different deposit regime.

10 Delivery, Risk & Title

Delivery terms are agreed per transaction using Incoterms 2020 (typically EXW Rawa Mazowiecka, FCA loading site, FOB/CIF Polish or German port, or DAP destination). Unless the Transaction Documents state otherwise:

• Risk passes to the Buyer according to the agreed Incoterm.
• Title passes upon receipt of full payment, regardless of earlier physical delivery (retention of title).
• Transport insurance is included only where the agreed Incoterm requires it (e.g. CIF/CIP) or where separately ordered; we recommend all-risk cargo cover for every international machinery shipment and can arrange it on request.
• Quoted transit times are estimates. We are not liable for carrier delays, port congestion, customs inspection holds or force majeure events, though we will always assist in resolving them.
• Visible transport damage must be noted on the delivery document at receipt and reported to us with photographs within 3 business days.

11 Warranties & Disclaimers

Machines are used industrial equipment sold in the condition described in the Listing, the Inspection Report (where commissioned) and the Transaction Documents. To the maximum extent permitted by law, and consistent with practice in the professional used machinery trade between businesses:

• Statutory warranty for defects (rękojmia) is excluded for business-to-business sales pursuant to Article 558 §1 of the Polish Civil Code, except for defects fraudulently concealed.
• No warranty of merchantability, fitness for a particular purpose, or future performance is given unless expressly stated in writing on the Transaction Documents.
• Any express warranty we grant on a specific Machine (duration, components covered, claim procedure) is set out on the invoice or a separate warranty certificate.
• Wear parts — tyres, tracks, undercarriage components, pins, bushings, cutting edges, filters, batteries and similar — are never covered by any warranty unless expressly stated.

Nothing in this section excludes liability for deliberate misconduct, fraudulent misrepresentation, or any liability that cannot be excluded under applicable mandatory law.

12 Limitation of Liability

To the maximum extent permitted by applicable law:

• Our aggregate liability arising out of or in connection with a transaction is limited to the amount actually paid to us for the Machine and services concerned.
• We are not liable for indirect or consequential losses, including loss of profit, loss of contracts, business interruption, downtime costs, or cost of substitute equipment.
• For Platform use not connected to a paid transaction, our aggregate liability is limited to €1,000.
• We are not liable for the acts or omissions of third-party Sellers in brokered transactions beyond our duty to exercise professional care in verification and facilitation.
• Claims must be notified to us in writing without undue delay and in any event within 12 months of the event giving rise to them.

These limitations do not apply to liability for death or personal injury caused by negligence, for damage caused intentionally or by gross negligence, or where mandatory law provides otherwise.

13 Prohibited Conduct

When using the Platform you must not:

• Post false, misleading or plagiarised listing content, or misrepresent machine ownership, condition or history.
• Use the Platform in connection with money laundering, sanctions evasion, VAT fraud (including missing-trader schemes), or trade in stolen equipment.
• Scrape, harvest or systematically extract listing data, photographs or pricing for competing commercial use.
• Impersonate ClassTrucks Poland, our staff or Verified Dealers, or use our name, logo or registration details on documents we did not issue.
• Introduce malware, attempt unauthorised access, or interfere with Platform operation.
• Harass, threaten or defraud other Platform users.

We investigate reports submitted through the Report a Problem page and cooperate with Polish law enforcement, CERT Polska and international authorities in cases of suspected criminality.

14 Intellectual Property

All Platform content — text, guides, photographs taken by us, layout, design elements, databases and software — is owned by or licensed to ClassTrucks Poland and protected by copyright, database and trademark law. You may view and print content for your own business evaluation of Machines, but may not republish, redistribute or commercially exploit it without our prior written consent.

Manufacturer names and logos (Caterpillar, Komatsu, Volvo CE, JCB, Liebherr, Hitachi, John Deere, Claas, Fendt, Case IH, New Holland, Massey Ferguson and others) are trademarks of their respective owners, used solely to identify the machines offered. No affiliation or endorsement is implied.

Sellers grant us a non-exclusive, worldwide licence to use photographs and information they supply for the purpose of marketing their Machines on the Platform and in our sales channels, including social media and stock update broadcasts.

15 Suspension & Termination

We may suspend or terminate Platform access, remove listings, or decline transactions where we reasonably believe these Terms have been breached, where required by law or sanctions, or where continued service would expose us or other users to fraud or legal risk. Where practicable we will give notice and an opportunity to remedy.

Termination does not affect accrued rights and obligations, including payment obligations for concluded transactions and the clauses on liability, intellectual property, governing law and disputes, which survive termination.

16 Governing Law & Disputes

These Terms and all transactions concluded with ClassTrucks Poland are governed by the laws of the Republic of Poland, excluding its conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods (CISG) applies to international sales of Machines unless expressly excluded in the Transaction Documents.

The parties will first attempt to resolve any dispute amicably through good-faith negotiation within 30 days of written notice. Failing amicable resolution, disputes are submitted to the Polish common court having jurisdiction over our registered office, save that we may bring debt collection proceedings in the defendant's jurisdiction. For transactions where an arbitration clause is included in the Transaction Documents, that clause prevails.

17 Changes to These Terms

We may update these Terms to reflect changes in law, our services or market practice. The current version is always published on this page with its "last updated" date. Material changes are announced on the Platform at least 14 days before taking effect. Transactions are governed by the version of the Terms in force when the proforma invoice was issued.

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force, and the invalid provision is replaced by a valid one that most closely achieves its commercial purpose.

18 Contact & Legal Identity

Legal notices should be sent in writing to the registered office address, with an advance copy by email. Routine questions about these Terms can be raised through either contact channel above.