Service

MERS – SERVICING TERMS OF USE

Last updated: 28 October 2025

These Servicing Terms of Use (Terms) form a legal agreement between you, the legal person specified during account set-up (you, your) and Machinery and Equipment Rental Solutions Ltd, trading as MERS, a company incorporated and registered in England (company number 12553578), whose registered office is at Northern Assurance Buildings, 9–21 Princess Street, Manchester, England, M2 4DN (MERS, we, our, us).

These Terms govern your access to and use of the MERS Servicing Portal — the part of the MERS platform that enables Customers to post enquiries for the servicing, repair, inspection or maintenance of machinery and equipment, and allows Suppliers to respond with offers to perform such services (collectively, the Servicing Services).

By accessing or using the Servicing Portal, creating a user account, or otherwise engaging with the Servicing Services, you agree to be bound by these Terms. If you do not agree, you must not use the Servicing Portal.

1. Definitions

In these Terms:

  • Customer means a Platform user who submits a Servicing Enquiry for the servicing, repair, inspection, or maintenance of their own machinery or equipment.
  • Supplier means a Platform user registered to offer and perform Servicing Services in response to Customer Enquiries.
  • Servicing Enquiry means a request posted by a Customer via the Platform for the servicing, repair, inspection, or maintenance of machinery or equipment.
  • Servicing Booking means a legally binding agreement entered into between a Customer and a Supplier for the provision of Servicing Services.
  • Servicing Fees means the total fees payable by the Customer to the Supplier pursuant to a Servicing Booking.
  • Commission Fee means the percentage-based platform service charge payable by the Customer to MERS on top of the Servicing Fees.

2. Use of the Servicing Portal

The Servicing Portal facilitates introductions and communications between Customers and Suppliers. MERS provides the technology platform only and is not a party to any Servicing Booking.

You acknowledge and agree that:

  • (a) all Servicing Bookings are direct contracts between Customers and Suppliers;
  • (b) MERS does not perform, supervise, or guarantee any Servicing Services; and
  • (c) MERS has no responsibility for the acts, omissions, or workmanship of any Supplier.

3. Customer Obligations

By submitting a Servicing Enquiry, you warrant that:

  • • the machinery or equipment to be serviced belongs to you or is lawfully in your possession;
  • • you have full authority to commission the requested Servicing Services; and
  • • the information provided in your Enquiry is true, accurate, and complete.

If you accept a Supplier's offer, you enter into a Servicing Booking directly with that Supplier and agree to pay the Servicing Fees, plus the Commission Fee, through the Platform.

MERS undertakes reasonable vetting of Suppliers but does not warrant or guarantee any Supplier's qualifications, licensing, experience, or capability. You are solely responsible for ensuring that any Supplier you engage is suitable and competent to perform the Servicing Services.

All Servicing work is carried out at your sole risk, and your sole recourse for any defect, delay, or failure rests with the Supplier.

If a Supplier cancels a Servicing Booking after acceptance, the Supplier is solely responsible for issuing any applicable refund of the Servicing Fees to you via the Platform. The Commission Fee charged by MERS is non-refundable except where MERS expressly agrees otherwise in writing.

4. Supplier Obligations

By registering as a Supplier on the Servicing Portal, you represent and warrant that:

  • • you and any engineers or technicians acting on your behalf are suitably qualified, insured, and competent to perform the Servicing Services offered;
  • • you will perform all Servicing Services in accordance with applicable laws, industry standards, and manufacturer guidelines; and
  • • all information you provide through the Platform, including pricing and qualifications, is complete, accurate, and not misleading.

Suppliers are solely responsible for the quality and completion of the Servicing Services they agree to perform. MERS does not verify or guarantee Supplier performance.

If a Supplier cancels a Servicing Booking after acceptance, the Supplier remains responsible for refunding the Customer the Servicing Fees paid.

5. Payments and Commission

All payments for Servicing Bookings must be made via the Platform unless MERS expressly agrees otherwise in writing.

The Servicing Fees are payable to the Supplier for the agreed work. In addition, a Commission Fee is payable by the Customer to MERS as a separate charge calculated as a percentage of the Servicing Fees. The applicable percentage rate will be displayed to the Customer at the time of booking and may vary depending on the category of service.

MERS collects both the Servicing Fees and the Commission Fee via the Platform at the point of Booking. The Servicing Fees are then remitted to the Supplier once the Booking is confirmed.

The Commission Fee is retained by MERS as consideration for providing the Platform, payment facilitation, and support services.

If a Servicing Booking is cancelled by the Supplier, the Supplier remains liable to refund the Servicing Fees to the Customer. The Commission Fee may only be refunded at MERS's sole discretion.

6. Liability

To the fullest extent permitted by law, MERS shall not be liable for any loss, damage, or expense arising out of or in connection with:

  • (a) any Servicing Booking or Servicing Services;
  • (b) any act, omission, or negligence of a Supplier;
  • (c) any inaccuracies or omissions in information provided by Customers or Suppliers;
  • (d) any indirect, incidental, consequential, or special losses (including loss of profit, revenue, or business opportunity).

MERS provides the Servicing Portal and related services on an "as is" and "as available" basis, without warranties of any kind.

Nothing in these Terms limits MERS's liability for death or personal injury caused by its negligence, fraud, or any other liability that cannot be excluded under English law.

7. Termination

MERS may suspend or terminate your access to the Servicing Portal immediately if you breach these Terms or engage in any fraudulent, misleading, or unlawful activity.

Upon termination:

  • • all rights granted under these Terms will cease;
  • • MERS may deactivate or delete your user account; and
  • • any ongoing Servicing Bookings remain valid, and your contractual obligations to other users continue until completed.

8. General

  • • MERS may transfer its rights and obligations under these Terms to another organisation.
  • • You may not transfer your rights or obligations without MERS's prior written consent.
  • • These Terms constitute the entire agreement between you and MERS regarding the Servicing Portal.
  • • Each clause of these Terms operates separately. If any clause is found unlawful or unenforceable, the remainder will continue in full force.
  • • These Terms and any dispute or claim arising from them are governed by English law, and the courts of England and Wales shall have exclusive jurisdiction.