Marketplace Terms

These Marketplace Terms govern the CMS Corequip marketplace — the listing and sale of third-party surplus and used equipment. They apply to both buyers and sellers who use the marketplace. They are separate from our general Terms & Conditions, which govern direct sales of our own stock.

In these terms, 'CMS Corequip', 'we', 'us' and 'our' mean CMS Asia Pacific Pty Ltd ABN 56 679 041 680  trading as CMS Corequip; 'seller' means the third-party owner of listed equipment; and 'buyer' means a person enquiring about or purchasing listed equipment.

1. Our role — introducer, not seller

For marketplace listings, CMS Corequip acts solely as an introducer and facilitator between buyers and sellers. We are not the seller, owner, or supplier of listed equipment. Marketplace transactions complete directly between the buyer and the seller. We do not take title to, warrant, or take responsibility for the condition, description, legal status, or fitness of listed equipment.

2. Listings & information

Listing information is provided by the seller. Public listings are intentionally generalised — including location and seller identity — to protect seller confidentiality. Detailed specifications, condition reports, inspection access, and pricing are released to qualified buyers, typically after a non-disclosure agreement is signed. We don't independently verify seller-supplied information and give no warranty as to its accuracy.

3. Seller confidentiality

Seller identities and specific equipment locations are confidential and are not disclosed on public listings. Buyers must not attempt to identify or approach a seller directly outside the process facilitated by CMS Corequip. See clause 7.

4. Enquiries & qualification

To enquire, a buyer submits the required details (including company, ABN, contact details, intended application, timing, and buyer type). We may qualify enquiries before releasing further information and may decline any enquiry at our discretion.

5. Inspection & due diligence

Equipment is sold as-is, where-is. Buyers are responsible for their own inspection and due diligence before purchase, including condition, compliance, and suitability. We facilitate inspection access through the seller but don't conduct or warrant inspections.

6. Transactions & payment

Sale terms, payment, delivery, and transfer of title are agreed directly between buyer and seller. CMS Corequip is not a party to the sale contract and does not handle sale funds unless separately agreed in writing.

7. Our fees & seller obligations

Sellers engage CMS Corequip under a separate Equipment Listing Agreement. In summary, sellers pay CMS Corequip a listing fee and a success fee (commission) on completed sales to buyers we introduce. Commission remains payable on any sale to a CMS Corequip–introduced buyer completed within the tail period specified in the Listing Agreement, including where the buyer and seller attempt to transact outside our process. Buyers pay no fee to CMS Corequip for the introduction.

8. No circumvention

Buyers and sellers must not use CMS Corequip to make an introduction and then complete or attempt to complete a transaction outside our process to avoid fees. Circumvention entitles us to recover the fees that would have been payable, plus reasonable costs.

9. Liability

To the extent permitted by law, CMS Corequip is not liable for any loss, damage, defect, misdescription, non-delivery, or dispute arising from a marketplace transaction between a buyer and seller. Our role is limited to introduction and facilitation. Nothing in these terms excludes rights under the Australian Consumer Law that cannot lawfully be excluded; where such rights apply to a transaction, they apply as between the relevant supplier and consumer.

10. Governing law

These terms are governed by the laws of New South Wales, Australia, and subject to the non-exclusive jurisdiction of its courts.

11. Contact

Marketplace enquiries and listing requests: steve.brownell@cmsapac.com.