These Sale Terms and Conditions (Sale Terms) govern the agreement between the Member who lists an Item for sale (Seller) and the Member who purchases that Item (Buyer) via the U-Crew platform. These Sale Terms are to be read in conjunction with U-Crew’s Terms and Conditions. U-Crew provides a facilitative role and is not a party to any Sale Agreement.

By using the U-Crew Platform, you acknowledge that you have read, understood, and agree to be bound by these Sale Terms and Conditions. In the event of any inconsistency or conflict between these Event Terms and the U-Crew Terms and Conditions, the U-Crew Terms and Conditions shall prevail to the extent of the inconsistency.

The sale of Items that are illegal, hazardous, or otherwise prohibited by law or U-Crew’s Platform Terms and Conditions is strictly forbidden. Sellers are responsible for ensuring that their Items comply with all applicable laws and regulations.

A binding sale agreement is formed when both parties accept a Proposal through the Platform. The Seller agrees to sell and the Buyer agrees to purchase the Item as specified in the accepted Listing. Title to the Item passes to the Buyer upon delivery and confirmation of receipt. The Seller represents and warrants that:

• they hold clear title to the Item;

• the Item is free from encumbrances, liens, or third-party claims; and

• they have full authority to complete this sale.

The transaction is deemed complete when payment is confirmed received by the Seller and the Buyer acknowledges receipt of the Item in accordance with the Listing description.

Total Fees, including any applicable Taxes and Service Fees, must be paid through U-Crew at the time of order confirmation. Payment is collected by U-Crew and remitted to the Seller, less applicable Commissions, in accordance with the Listing and Platform terms. The Buyer agrees to pay the full purchase price through U-Crew’s designated Payment Method.

The Seller is responsible for determining, collecting, and remitting any applicable taxes arising from the sale of the Item, unless otherwise specified in the Listing or required by law. U-Crew may provide tools but does not assume responsibility for tax compliance. Additional requirements may be set out in the Platform Terms and Conditions.

The Seller represents that the Item is accurately described in the Listing, including its condition and any known defects. The Item is sold 'as-is' unless otherwise stated in the Listing or agreed upon by the Seller. U-Crew disclaims all warranties related to the Item. Buyers purchase at their own risk.

The Seller is responsible for delivering the Item or making it available for collection in accordance with the Listing details and Proposal agreement. For delivery, the Seller must deliver the Item as specified. For pick-up, the Seller must make the Item available within the timeframe specified in the Listing or, if none is specified, within 5 business days of order confirmation, providing reasonable notice and arranging a mutually convenient collection time with the Buyer.

Risk passes to the Buyer upon confirmed delivery or collection, whichever applies. Confirmed collection means the Buyer has taken physical possession of the Item and acknowledged receipt through the Platform or by signed receipt. The Buyer is responsible for inspecting the Item at collection and confirming its condition matches the Listing description before taking possession. Any disputes regarding delivery or collection must be reported to U-Crew immediately through an Incident Report. Failure to make the Item available within the agreed timeframe may result in cancellation and refund as determined by U-Crew.

Returns and cancellations are permitted only as outlined in the Listing. Buyers may request a refund if the Item is defective or not as described, subject to U-Crew’s review.

An Item is considered 'defective' if it is inoperable, unsafe, or materially different from the description in the Listing. An Item is 'not as described' if it materially deviates from the Listing details, including but not limited to make, model, condition, or included accessories.

In the event of a dispute arising from a Sale Agreement, the Seller and Buyer must first attempt to resolve the matter in good faith through the U-Crew Platform’s communication tools. If the dispute is not resolved within 7 days of initial notification, either party may request U-Crew’s assistance in facilitating a resolution. Upon receipt of a dispute request, U-Crew will review all submitted evidence and will make a final and binding decision within 14 days. Both parties agree not to pursue claims outside the U-Crew Platform's dispute resolution process.

In the event of a material breach of these Sale Terms by either party, U-Crew reserves the right to suspend or terminate the Member’s account, withhold any outstanding payments, and take further action as deemed appropriate.

To the maximum extent permitted by law, neither Seller nor Buyer shall be liable to the other for any indirect, incidental, or consequential loss or damage arising out of or in connection with the Sale Agreement, except as otherwise provided in these Sale Terms.

Each party (the Indemnifying Party) agrees to indemnify and hold harmless the other party (the Indemnified Party) from and against all claims, damages, losses, and expenses (including reasonable legal fees) arising from:

• The Indemnifying Party's breach of this Agreement.

•  Any negligent act or omission by the Indemnifying Party.

• For Buyer: damage to the property or injury caused by Buyer or their guests.

• For Seller: undisclosed defects or hazardous conditions in the sale item.

Each party must promptly notify the other of any claim for which indemnification is sought and cooperate in the defense of such claim.

Neither party shall be liable for any failure or delay in performing their obligations under these Sale Terms if such failure or delay results from events beyond their reasonable control, including but not limited to natural disasters, acts of government, or other unforeseeable events. U-Crew shall have the sole discretion to determine whether a force majeure event has occurred and any decisions made by U-Crew regarding force majeure events shall be final and binding on all parties.

All agreements and communications relating to the Sale must be conducted via the U-Crew Platform. U-Crew is not responsible for, and will not enforce, any agreements or arrangements made outside the Platform.

Any agreements, payments, or arrangements made outside the U-Crew Platform are strictly prohibited and may result in suspension or termination of access to the Platform for the parties involved.

 

These Sale Terms are subject to change by U-Crew. Updated versions will be posted on the Platform. Any clause deemed invalid will not affect the remainder of the Sale Terms. Time is of the essence for all obligations.

 

Sellers warrant that any images, descriptions, or other content uploaded to the Platform do not infringe the intellectual property rights of any third party. U-Crew may remove any content that is alleged to infringe such rights.

 

Personal information exchanged between Seller and Buyer or provided to U-Crew shall be handled in accordance with U-Crew’s Privacy Policy and applicable laws. The U-Crew Privacy Policy is available on the Platform at www.u-crew.com.au, and outlines how personal information is collected, used, and protected in connection with the sale and purchase of Items.

 

Nothing in these Sale Terms excludes, restricts, or modifies any consumer guarantees, rights, or remedies conferred by the Australian Consumer Law (ACL) or any other applicable law that cannot be excluded, restricted, or modified by agreement. Where permitted by law, any liability of the Sellers, Buyers, or U-Crew arising from a breach of such non-excludable consumer guarantees is limited, at U-Crew’s discretion, to the resupply of the services or the payment of the cost of resupplying the services.

If any provision of these Sale Terms is found to be invalid or unenforceable, such provision shall be severed, and the remaining provisions will remain in full force and effect.

These Sale Terms are subject to change by U-Crew. Updated versions will be posted on the Platform. Any clause deemed invalid will not affect the remainder of the Sale Terms. Time is of the essence for all obligations.

 

• Commission: The fee deducted by U-Crew from the total payment received by the Owner for the sale of an Item. This fee is calculated as a percentage of the total sale amount and is retained by U-Crew as compensation for providing the platform and facilitating the sale transaction

• Listing: The detailed description and terms under which an item is offered for sale by the Seller, including specifics about the item such as its condition price and other relevant details.

• Proposal: The offer submitted by the Renter and accepted by the Owner via the U-Crew Platform, specifying the Rental Period and terms.

• Service Fees: The fees charged by U-Crew to the Buyer for use of the Platform as set out in the Listing or Proposal.