4. Vendor Eligibility Criteria 

4.1 To access and use the Platform for the purposes of supplying Equipment you must create a Vendor Account. To be eligible to do so, you must satisfy the following Vendor Eligibility Criteria (unless we otherwise agree): 

• you must be incorporated in the UK. 

• you must have been actively trading as a business for at least twenty four months and not have been dormant at any time; 

• at least one director of your business must be resident in the UK and should not have any material criminal convictions. 

• you must have no significant adverse credit history or be facing any major litigation. 

• you must be conducting business for the purposes of making a profit (public bodies, charitable organisations and trusts are not eligible unless we have given our specific prior written consent); 

• you must have, and maintain, a valid bank or building society account in the UK (excluding the Channel Islands and the Isle of Man); 

• you must answer our reasonable requests for information from time to time; and 

• you must notify us when any of the information or details you have provided to us changes. 

4.2 We may change the Vendor Eligibility Criteria from time to time. We will give you notice if we do so. We will notify you of the change by sending an email to your registered email address in accordance with condition 15.2. 

4.3 If you cease to satisfy the Vendor Eligibility Criteria we may close your Vendor Account on the Platform in accordance with the process set out in condition 10 (Ceasing to be a Vendor with Equipal and termination). 

5. Registering as a Vendor 

5.1 Before you can supply Equipment through the Platform, you must register as a Vendor by opening a Vendor Account https://equipal.app/vendor 

5.2 We have absolute discretion whether to accept or reject an application to register as a Vendor, even if you satisfy the Vendor Eligibility Criteria. 

5.3 You confirm and agree that, when you register as a Vendor and for so long as you maintain that registration and use the Platform: 

• you meet the Vendor Eligibility Criteria; 

• the information you provide to us is true and accurate in all respects and is not misleading; 

• you shall comply at all times with all Applicable Laws in respect of the services to be performed by you under these Vendor Terms and Conditions and compliance with the Vendor Terms and Conditions will not cause you to contravene any Applicable Law to which you are subject, or any order or judgement to which you are subject or cause you to be in breach of any agreement to which you are a party; 

• you will ensure that no unauthorised person can access or use your Vendor Account; 

• you have the power to enter into these arrangements with us and to deliver and perform your obligations to us and to each relevant Lessor (in the provision of the Equipment) and the power to carry out the transactions contemplated and that all necessary corporate or other action has been taken by you to authorise the execution, delivery and performance of the same; 

• You are a bona fide seller and have all right, title and interest (free from any encumbrance) to the Equipment that you sell to a Lessor who is introduced to you via the Platform and the terms of the sale of such Equipment will be on the basis of Vendor Information you submit via the Platform; 

• you will ensure that all documents we require from you are validly executed and you will comply with all instructions in relation to the review and approval of these documents; 

• the person creating and maintaining the Vendor Account is properly authorised to represent you and enter into a legally binding agreement with us. You will ensure that only authorised persons are able to access or use your Vendor Account and you will provide us with written evidence of their authority to act if and when requested. 

5.4 If any of the statements in condition 5.3 cease to be true while you maintain a Vendor Account you must contact us as soon as possible by email at vendor@equipal.co or by telephone on 07947 540798 to tell us. 

5.5 You must update your Vendor Account when your details change, or tell us and we will update your details. 

5.6 When you create your Vendor Account you must provide a username, a valid e-mail address, a password, phone number and certain security information. Your username and password are unique to your Vendor Account and are non-transferable without our specific prior written consent. You will need them to access certain restricted areas of the Website. 

5.7 You must keep your username, password and security information secure and confidential. You are responsible for all activity on or through your Vendor Account, the Platform, including all activity by anyone that uses your username, password and security information, whether or not they have been authorised by you. You must provide all authorised persons with a copy of these Vendor Terms and Conditions and ensure that they comply with them when accessing and using the Platform and the Vendor Account. 

5.8 You must not transfer your Vendor Account to another person, or permit another person to use your Vendor Account, without our specific prior written consent. 

5.9 You must notify us immediately if you believe that an unauthorised person is using your Vendor Account or the security of your Vendor Account has been or might be breached. 

5.10 We will assume that all Vendor Information correspondence, orders, transfers and instructions made by reference to your username and password are made by you. 

5.11 We can decline to act on your instructions or suspend your Vendor Account if we suspect illegal or fraudulent activity or unauthorised use of your Vendor Account. 

6. Hire Purchase Agreements 

6.1 A Lessee may make a Finance Request on the Platform. 

6.2 If you wish to supply the Equipment in respect of the Finance Request, you must provide the Vendor Information. 

6.3 If we accept a Finance Request from a Lessee, it becomes a Live Finance Request and we list the Live Finance Request on the Platform for consideration by Lessors. The Live Finance Request will include the Vendor Information. 

6.4 If a Lessor is willing to fund a Live Finance Request, the Lessor will make a Finance Offer setting out the basis it is willing to proceed. It is at the sole discretion of the Lessee whether to accept or reject a Finance Offer. 

6.5 If a Finance Offer is accepted by the Lessee prior to the Offer End Date, a Hire Purchase Agreement will be entered into and you will be required to upload your invoice in relation to the Equipment (addressed to the Lessor) on to the Platform 

6.6 We may: 

• withdraw Finance Requests if they cannot be fulfilled by Lessors or Vendors; 

• withdraw Finance Requests if we consider it necessary to do so; 

• monitor and regulate the availability and functionality of the Platform; 

7. Payments

7.1 If you are supplying Equipment pursuant to a Finance Offer which is accepted by a Lessee, the Lessor will be required to make the relevant payments to you in respect of the acquisition of the Equipment. The amounts due will be in accordance with the Vendor Information. You will be responsible for liaising with the Lessor via the Platform, in respect of the purchase price of the Equipment, the transfer of title of the Equipment and its delivery. 

7.2 Neither we nor any Equipal company in the Equipal Group of Companies, guarantee any payments that are due to you from any Lessor, nor shall be involved in the practical arrangements in respect of title transfer and delivery.