Term & Condition
1. What is the purpose of the GTS?
The purpose of these General Terms and Services (GTS) is to clearly define the obligations of Textilian and the Seller regarding Textilian’s intermediation services and any other services offered by Textilian.
2. What services does Textilian offer?
Textilian acts as an independent intermediary and professional broker between buyers and sellers of used industrial machinery.
Our main services include:
- Connecting buyers and sellers through our platform
- Publishing machine advertisements on our website
- Actively searching for potential buyers from our existing database and approaching new interested companies
- Promoting advertisements internationally, including translating them into different languages to increase visibility
Key points:
- Sellers retain full freedom to choose the best offer based on price, buyer’s credibility, payment terms, or geographical proximity.
- Textilian is bound by an obligation of means (we make our best effort) but cannot guarantee the sale of any machine.
- Textilian does not participate in the final sales contract, delivery, or payment between seller and buyer.
- All advertisements and their translations remain the sole responsibility of the seller.
- Textilian reserves the right to introduce new services in the future and update these GTS accordingly.
In exceptional cases, Textilian may directly handle a sales operation under separate specific terms.
3. What transport services does Textilian offer?
Textilian cooperates with professional forwarders and logistics companies. We can arrange competitive quotes for specialized transport of your machines to any destination via:
- Land (road transport)
- Sea (container or breakbulk shipping)
- Air freight
We help you find the most suitable and cost-effective logistics solution.
4. How much commission will Textilian charge?
Textilian charges a success-based commission only when a deal is successfully completed. The commission rate ranges from 5% to 8% of the final sale price (as mentioned in our earlier FAQ).
Commission Structure
| Your Best Price ($) | in € | in £ | Commission |
|---|---|---|---|
| Up to $5,000 | Up to €5,000 | Up to £5,000 | $/€/£500 (Fixed) |
| $5,001 to $50,000 | €5,001 to €50,000 | £5,001 to £45,000 | 8% |
| $50,001 to $100,000 | €50,001 to €100,000 | £45,001 to £90,000 | 7% |
| $100,001 to $150,000 | €100,001 to €150,000 | £90,001 to £135,000 | 6% |
| $150,001 and over | €150,001 and over | £135,001 and over | 5% |
5. Textilian’s Right to Commission
Once Textilian introduces a serious potential buyer, we will notify the seller and issue an estimate of the commission along with a confirmatory intermediation agreement. The commission rate follows the official commission grid and is not freely negotiable between Textilian and the seller.
6. Textilian’s Payment Terms
The commission becomes payable once the sale is completed. Payment must be made in British Pound Sterling (GBP) via wire transfer or PayPal to Textilian’s account.
7. Negotiations and Sales Contract
Textilian is not responsible for the performance of the sales contract between the seller and buyer. The seller and buyer negotiate all terms (price, delivery, Incoterms, etc.) directly. Once the machine is delivered or made available to the buyer, the seller must immediately inform Textilian.
8. Machines and Guarantees
- Machines listed can be new or used.
- Textilian may present the machine under its local trade name in the buyer’s country for better recognition.
- The seller guarantees that the machine matches the description provided and is free from hidden defects.
- The seller must indemnify and hold Textilian harmless from any claims made by the buyer regarding non-compliance or hidden defects.
9. Force Majeure
Neither party shall be held liable for failure to perform obligations due to events of Force Majeure (e.g., natural disasters, war, strikes, etc.). The affected party must notify the other party promptly. Obligations are suspended for the duration of the force majeure event.
10. Termination of Contract
In case of serious breach of obligations, the non-defaulting party may terminate the contract after giving proper written notice (via registered letter with acknowledgment of receipt) and allowing the specified remedy period (90 or 120 days depending on the breach). Immediate termination is also possible in case of insolvency proceedings.
11. Confidentiality
Both parties must maintain strict confidentiality of all information obtained during the contract, both during its term and after its termination. This includes not disclosing information to third parties without consent, except where required by law.
12. Miscellaneous
- If any provision becomes invalid, the remaining provisions stay in effect.
- This contract represents the entire agreement between the parties.
- Any modifications must be made in writing and signed by both parties.
- No waiver of any term is valid unless made in writing.
13. Contract Language
These General Terms and Conditions are written in English. In case of any translation, the English version shall prevail in the event of any contradiction.
Textilian reserves the right to update these GTS at any time. The updated version will be published on the website and will become effective immediately.
14. Applicable Law and Dispute Resolution
These GTS are governed by English Law. Any disputes shall first attempt amicable resolution, followed by mediation under ICC (International Chamber of Commerce) rules in London, United Kingdom. If unresolved, the dispute shall be submitted to the exclusive jurisdiction of the British Courts.
