TERMS OF SERVICE

Last updated: 27 February 2026

Please read these Terms of Service carefully before using the Service.

1. ACCEPTANCE OF TERMS

These Terms of Service (“Terms”) govern your access to and use of the AvailEquip marketplace platform (the “Service”).

The Service is owned and operated by WELLENGI FZCO, registered as a Free Zone Company with limited liability pursuant to the Law no. 16 by His Highness Ruler of Dubai and implementing regulations issued there under by the Dubai Integrated Economic Zones Authority (DIEZA), registration no. DSO-FZCO-45349, Trade License no. 47556, having its office at 308-J, Building A2, IFZA, Dubai Digital Park, Dubai Silicon Oasis, Dubai, United Arab Emirates (the “Operator”, “Company”, “We”, “Us”, or “Our”).

By accessing or using the Service, you agree to be legally bound by these Terms. If you do not agree, you must not use the Service.

2. BUSINESS USE ONLY

The Service is intended solely for business users.

By using the Service, you represent and warrant that:

  • You are acting on behalf of a company or other legal entity.
  • You are authorized to bind that entity.
  • You are not acting as a consumer for personal purposes.

The Service is not intended for consumer use.

3. DEFINITIONS

For purposes of these Terms:

  • Account means a registered account on the Service.
  • Buyer means a User seeking to purchase or acquire Goods.
  • Seller means a User listing Goods on the Service.
  • Goods means industrial equipment, machinery, spare parts, materials, consumables, and related commercial items listed on the Service.
  • Order means either (i) a request for quotation or (ii) a binding purchase order, depending on the transaction structure agreed between the relevant Users.
  • User or You means any business entity accessing or using the Service.

Service means the AvailEquip website accessible at https://www.availequip.com.

4. ROLE OF THE OPERATOR

4.1 Default Role – Platform Provider

The Operator provides a technology platform to facilitate connections between Buyers and Sellers.

Unless expressly stated otherwise:

  • The Operator does not own, possess, store, or control the Goods.
  • The Operator does not take title to Goods.
  • The Operator is not a party to contracts between Users.
  • The Operator does not act as agent, partner, joint venture, or representative of any User.
  • Nothing in these Terms creates any agency, partnership, joint venture, employment, or fiduciary relationship between the Operator and any User.

Contracts for the sale or purchase of Goods are concluded directly between Buyers and Sellers.

4.2 Brokerage Role

The Operator may charge brokerage commissions or service fees in connection with transactions introduced through the Service.

Such commissions may be payable by:

  • The Seller,
  • The Buyer, or
  • Both parties,

as disclosed in the relevant transaction or separate agreement.

4.3 Direct Seller Role

In certain transactions, the Operator may act as a direct seller of Goods.

In such cases:

  • Separate contractual documentation shall apply.
  • Title transfer and risk allocation shall be governed by that separate agreement.
  • These Terms govern only use of the Service, not the sale contract itself.

5. USER OBLIGATIONS

Users agree to:

  • Provide accurate and complete information.
  • Conduct their own due diligence regarding Goods.
  • Verify specifications, condition, certifications, and suitability.
  • Ensure compliance with all applicable laws and regulations.
  • Comply with export controls, sanctions laws, customs regulations, and trade restrictions.

Users are solely responsible for determining whether any transaction is legally permissible.

6. SUSPENSION AND TERMINATION

The Operator may, at its sole discretion and without prior notice, suspend or terminate any Account, remove Content, or restrict access to the Service if:

  • A User breaches these Terms;
  • Commission avoidance or circumvention is suspected;
  • Fraudulent, misleading, or unlawful activity is suspected;
  • Sanctions or compliance concerns arise;
  • The User poses legal, regulatory, or reputational risk to the Service.

The Operator shall not be liable for any losses resulting from suspension or termination.

Termination or suspension of an Account shall not affect accrued rights or obligations.

The following provisions shall survive termination:

  • Brokerage Commission (Section 8.2),
  • Anti-Circumvention (Section 8.3),
  • Indemnification (Section 12),
  • Limitation of Liability (Section 13),
  • Arbitration (Section 15),
  • Governing Law (Section 16).

7. LISTINGS AND CONTENT

Sellers are solely responsible for the accuracy and legality of their listings.

Sellers are solely responsible for ensuring that their listings and transactions comply with all applicable laws, regulations, export controls, and sanctions regimes, and for obtaining any required licenses or authorizations.

The Operator does not guarantee:

  • Accuracy of descriptions,
  • Availability of Goods,
  • Technical specifications,
  • Compliance with regulatory standards.

Users may not list, advertise, offer, or transact in Goods that (including without limitation):

  • Are illegal under applicable law;
  • Are counterfeit, stolen, or misappropriated;
  • Infringe intellectual property rights;
  • Are subject to export controls or sanctions without proper authorization;
  • Originate from or are destined for sanctioned jurisdictions or prohibited parties;
  • Constitute restricted dual-use, military, or controlled items without required licenses;
  • Are hazardous, dangerous, or regulated materials prohibited from sale through the Service.

The Operator reserves the right, at its sole discretion and without prior notice, to remove any listing, suspend any transaction, or restrict access to the Service if it reasonably believes that any listing violates this Section or poses legal, regulatory, or reputational risk.

8. TRANSACTIONS

8.1 Formation of Contracts

Submission of a request, inquiry, or Order through the Service does not automatically create a binding contract unless expressly agreed between the relevant Users.

Any contract for the sale or purchase of Goods is concluded directly between the Buyer and the Seller, unless the Operator expressly acts as a direct seller under separate contractual documentation.

The Operator is not a party to contracts between Users unless explicitly stated.

8.2 Brokerage Commission

The Operator may charge brokerage commissions or service fees in connection with transactions directly or indirectly introduced through the Service.

Commission may be payable by:

  • The Seller,
  • The Buyer, or
  • Both parties, as disclosed in the relevant transaction, listing, invoice, or separate agreement.

Unless otherwise agreed in writing, commission becomes due upon execution of a binding agreement between the relevant Users, or upon payment, delivery, or performance of the transaction, whichever occurs first.

Failure to pay applicable commission constitutes a material breach of these Terms.

8.3 Anti-Circumvention

Users agree not to circumvent or bypass the Service in order to avoid payment of commission or fees owed to the Operator.

If a Buyer and Seller who were introduced through the Service conclude a transaction directly or indirectly within twelve (12) months from the date of their first introduction via the Service, as evidenced by communications, listings, introductions, RFQs, or account interactions on the Service, commission shall remain payable to the Operator as if the transaction had been completed through the Service.

This obligation applies regardless of whether the transaction is finalized on or off the Service. Violation of this provision constitutes a material breach of these Terms and may result in suspension of Accounts and recovery of unpaid commissions.

8.4 Payment Facilitation

The Operator may facilitate payments through third-party payment processors or escrow providers.

The Operator:

  • Is not a financial institution,
  • Does not act as trustee or fiduciary unless expressly agreed,
  • Does not guarantee performance of payment processors or escrow providers.

All payment processing and escrow services are governed by the applicable third-party terms and conditions.

8.5 Disputes Between Users

Users are solely responsible for resolving disputes arising from transactions between them.

The Operator may, at its discretion, assist in facilitating communication but is not obligated to mediate, arbitrate, or adjudicate disputes.

Where escrow services are used, dispute resolution may be governed by the applicable escrow provider’s terms.

9. THIRD-PARTY SERVICES

The Operator may facilitate introductions to third-party providers including:

  • Inspection services,
  • Logistics providers,
  • Freight forwarders,
  • Customs brokers,
  • Payment processors.

Such services are governed by separate agreements between Users and the third-party providers.

The Operator is not responsible for the acts or omissions of third-party providers.

10. INDUSTRIAL DISCLAIMER

The Operator does not:

  • Inspect Goods,
  • Certify Goods,
  • Guarantee performance,
  • Provide engineering advice,
  • Guarantee regulatory compliance,
  • Warrant fitness for a particular purpose.

All Goods are provided by Sellers “as is” unless otherwise agreed directly between Users. The Operator makes no representation regarding the existence, ownership, condition, authenticity, certification, or regulatory status of any Goods.

Buyers are solely responsible for independent verification and inspection.

Users acknowledge and agree that they do not rely on any representations, statements, descriptions, photographs, specifications, communications, or other information made available through the Service when entering into transactions. Each User conducts its own independent investigation, due diligence, and verification of Goods prior to entering into any transaction.

11. EXPORT CONTROL AND SANCTIONS

Users are solely responsible for compliance with:

  • Export control laws,
  • Sanctions regulations,
  • Customs and import/export laws,
  • Licensing requirements.

The Operator reserves the right, at any time, to conduct compliance screening, identity verification, or business verification (including KYC/KYB procedures) of any User.

The Operator may request documentation, including but not limited to:

  • Corporate registration documents,
  • Identification of beneficial owners,
  • Proof of authority,
  • Export licenses or regulatory approvals.

The Operator may suspend, restrict, refuse, or terminate access to the Service, or suspend transactions, if:

  • Required documentation is not provided,
  • Compliance concerns arise,
  • Sanctions risks are identified,
  • Fraud or unlawful activity is suspected.

The Operator may cooperate with payment processors, financial institutions, regulators, or law enforcement authorities as required by applicable law.

The Operator shall not be liable for actions taken in good faith to comply with legal or regulatory obligations.

12. INDEMNIFICATION

Users agree to indemnify and hold harmless the Operator and its Affiliates, directors, officers, and employees from any claims, damages, liabilities, losses, or expenses, including reasonable legal fees and arbitration costs, arising out of:

  • Transactions between Users,
  • Breach of these Terms,
  • Misrepresentation,
  • Violation of export or sanctions laws,
  • Regulatory violations,
  • Claims relating to Goods.

13. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, the total liability of the Operator, whether based on contract, tort (including negligence), strict liability, or otherwise, shall not exceed the greater of:

  • USD 100, or
  • The total amount paid by You to the Operator through the Service in the preceding twelve (12) months.

The Operator shall not be liable for:

  • Loss of profits,
  • Business interruption,
  • Operational downtime,
  • Production losses,
  • Equipment failure consequences,
  • Indirect or consequential damages,
  • Third-party claims.

These limitations apply regardless of the legal theory of liability and even if the Operator has been advised of the possibility of such damages, and shall apply to the fullest extent permitted by applicable law.

14. DISCLAIMER OF WARRANTIES

The Service is provided “AS IS” and “AS AVAILABLE” without warranties of any kind, whether express or implied.

The Operator disclaims all warranties including merchantability, fitness for purpose, and non-infringement.

15. ARBITRATION

Any dispute arising out of or relating to these Terms or the use of the Service shall be finally resolved by arbitration under the Rules of the Dubai International Arbitration Centre (DIAC).

  • Seat of arbitration: Dubai, United Arab Emirates
  • Language: English
  • Number of arbitrators: One (1)

Arbitration shall be mandatory and exclusive. The arbitral award shall be final and binding on the parties. Each party shall bear its own legal costs unless otherwise determined by the arbitrator.

Judgment upon the arbitral award may be entered in any court of competent jurisdiction.

16. GOVERNING LAW

These Terms shall be governed by the laws of the United Arab Emirates.

17. FORCE MAJEURE

The Operator shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to:

  • Acts of God,
  • Natural disasters,
  • War,
  • Terrorism,
  • Government actions,
  • Sanctions or export restrictions,
  • Changes in law or regulation,
  • Internet or telecommunications failures,
  • System outages,
  • Cyberattacks,
  • Labor disputes,
  • Payment processor disruptions.

In such cases, the Operator’s obligations shall be suspended for the duration of the force majeure event.

18. CHANGES TO TERMS

The Operator may modify these Terms at any time. Continued use of the Service constitutes acceptance of revised Terms.

19. CONTACT

WELLENGI FZCO
308-J, Building A2
IFZA, Dubai Digital Park
Dubai Silicon Oasis
United Arab Emirates
Email: info@availequip.com