General customer conditions Maskinera "live yard sale" KH-Maskin
- Customer conditions for companies (KH-Maskin)
- Customer conditions for international companies (KH-Maskin)
- Customer terms and conditions private person (KH-Maskin)
General customer conditions Maskinera "live yard sale" KH-Maskin
2023-05-29
Maskinera AB (559014-2682), is a privately owned auction company that mediates auction assignments mainly for municipalities, companies, finance companies, bankruptcies and estates.
1. Scope of the Terms
These general customer terms and conditions for companies ("Customer Terms") apply when Maskinera AB ("Maskinera") provides online auction services (the "Online Auction Service") via the marketplace Maskinera.se to companies (the "Buyer"). On the marketplace, Swedish Auction Items ("Auction Items") are brokered to the highest bidder.
By registering a customer user account for companies ("Customer User Account"), the customer ("Buyer") enters into an agreement with Maskinera on the right to use the Online Auction Service in accordance with these Customer Terms and Conditions. By registering a user account, the Buyer certifies that he or she has read the Customer Terms and Conditions and undertakes to comply with them.
2. Sellers
("Seller") are the clients who have commissioned Maskinera to mediate an Auction Item.
It is always the Seller who sells and is responsible for the Auction Items. Maskinera is only a mediating party and does not act as owner or Seller of Auction Items. Maskinera does not take on the role of exporter to other countries of Auction Items. Administration of change of ownership for Auction Items registered with the Swedish Transport Agency shall be carried out by the Seller.
3.Buyers
To purchase Auction Items via Maskinera , the Buyer registers as a bidder ("Buyer") at Maskinera.se. Swedish and foreign companies can register as buyers. To participate in an auction, the Buyer must accept Maskinera's customer terms and conditions.
The Buyer shall provide correct company details, address and personal data to the company's contact person, who shall be a natural person of at least 18 years of age and shall have the authority and power to bind the company to the Customer Terms and to keep the company information up to date.
It may take a few hours for the registration to be reviewed and approved.
Registering an account in a false name or someone else's name may result in a police report.
If Maskinera suspects that a Buyer is misusing his/her account, does not comply with the customer terms and conditions or does not comply with agreements made, Maskinera has the right to block the Buyer on Maskinera.se.
Maskinera handles all of the Buyer's personal data in accordance with the General Data Protection Regulation (GDPR), which entered into force on May 25, 2018. When the Buyer registers on maskinera.se, the Buyer authorizes Maskinera to use the Buyer's information to fulfill its obligations to Buyers and Sellers. See our privacy policy for more information on how personal data is processed.
4. The Online Auction Service
Maskinera gives the Customer the right to use the Online Auction Service provided that the Customer fully complies with what is stated in these Customer Terms and Conditions and meets any payment obligations.
All Auction Items on Maskinera.se are sold at auction. Bids can be placed around the clock on ongoing auctions. Each auction ends at the specified time, but is extended by approximately three minutes if a new bid is placed within three minutes of the end time.
Within 72 hours of the end of the auction, Maskinera will contact the Buyer who has placed the highest bid by e-mail or telephone. A sent invoice is considered as contact
5. Bidding
All bids are binding and cannot be withdrawn by the Customer.
To participate in the bidding, the Buyer must have been assigned an ID, a customer number and have accepted the Customer Terms and Conditions.
Participating in the bidding of one's own Auction Items is not permitted, nor is manipulating the bidding through an agent.
Should two equal bids be placed, the one placed first wins.
In the event of technical problems, auctions may be extended until the disturbances have ceased.
Maskinera has the right to refuse to sell and disregard bids during the entire auction process.
Maskinera has the right to decide whether a bidding should be canceled and carried out again due to technical problems, misspellings or for other reasons.
An entry fee is always added to the winning bid.
5. Reservation price
Items sold at the live yard sale with KH-Maskin are sold without a reservation price.
7. Fees
A call-in fee is always added to the winning bid.
The Buyer is always obliged to pay the Call-in Fee even if the purchase of the Auction Item in question is not completed by the Buyer for any reason.
Unless otherwise stated, VAT is added to the price of the Auction Item and the Call-in Fee.
8. Invoicing and payment
When a Buyer has placed the highest bid in a bidding process, an invoice is sent to the Buyer by e-mail. The invoice has a five-day payment period.
In the event of non-payment, Maskinera is entitled to demand that the purchase be completed by the Buyer and to charge a reminder fee and penalty interest in accordance with current interest legislation.
9. Acceptance of Auction Items
All Auction Items on Maskinera.se are sold in existing condition. Defects and errors may occur as the Auction Items are often used items.
As a buyer, you have a far-reaching obligation to investigate. This means that from June 8: 2023 until the end of the Auction, you have the opportunity to examine and approve the condition of the Auction Item in relation to the auction documentation on site at KH-Maskin. The Buyer is considered to have approved the Auction Object when it has placed its first bid on the intended Auction Object.
The Seller is not responsible for errors discovered by the Buyer after the end of the Auction. The Seller is also not responsible for errors that arise after the end of the Auction.
Upon collection, the code on your delivery receipt should be given to the seller and the receipt should be signed by the seller. Please note that the delivery receipt has Maskinera as the sender.
10. Functionally defective items
If an Auction Item is described as a functionally defective item in the auction documentation, it has not undergone a full inspection or test drive by the Seller or Maskinera. The Auction Item may be missing parts or have more defects than those described in the auction documentation. functionally defective items cannot be claimed.
A functionally defective item also includes passenger cars and light trucks with an estimated value of less than SEK 40,000.
11. Guarantee
No guarantee is given on purchased Auction Items.
12. Collection
Before the Buyer can collect their Auction Item, the Buyer's invoice must be registered as paid at Maskinera. Once the payment has been registered, the Buyer will receive a collection instruction and a collection code (sent by e-mail). For any questions, Maskinera's customer service is available during office hours by phone and e-mail. You as a buyer are responsible for picking up, loading and any dismantling of the Auction Item.
Upon delivery of the Auction Item, the Buyer shall provide the Seller with the delivery code. The delivery code serves as a receipt that the Auction Item has been received by the Buyer.
As a Buyer, you shall collect the Auction Item from the Seller during the period, 19, 20, 21, 27 and 28 June 2023 between 07.00-16.00.
Auction items that are not collected within this time will not be redeemed.
If the Seller cannot give the Buyer the opportunity to collect the Auction item within the specified time, the Buyer is entitled to either demand performance or cancel the purchase. The Seller is not obliged to fulfill the purchase if there is an insurmountable obstacle or if the fulfillment would involve sacrifices that are not reasonable with regard to the Buyer's interest in the Seller fulfilling the purchase. In case of justified cancellation, the Buyer is entitled to a refund of the amount paid to Maskinera. The Buyer is always obliged to take reasonable measures to prevent, prevent or limit loss or damage.
The Seller accepts no responsibility for Auction Items that are not collected on time.
For Auction Items that have not been collected by the Buyer or its agent during the specified collection period, the Seller, through Maskinera , has the right to cancel the purchase and put the Auction Item up for sale again.
The Seller and Maskinera have the right to charge compensation for costs arising from the cancellation and for losses in general from the funds collected. If the sales price does not cover the Seller's and/or Maskinera's damages and costs for resale, the Buyer shall pay the difference. If the goods cannot be sold or if the price would not cover the costs of a sale, the Seller and Maskinera may scrap/recycle/discard the Auction Item. Before this happens, the Buyer must be notified with the latest known contact information.
13. EU sales and exports
Buyers in a country outside the EU always pay Swedish VAT on Auction Items. Upon presentation of a valid VAT number, the Buyer is given the opportunity to have the VAT amount refunded. In order to exempt the sale from Swedish VAT, the goods must be exported to another EU country. The buyer is responsible for exporting the goods out of Sweden on collection.
The buyer must present a written export certificate. This must state information such as the date of issue, the Buyer's name and address, the quantity and nature of the goods and the date and place of arrival of the goods. In the case of delivery of means of transport, the vehicle's registration number must also be stated.
The Buyer will be refunded the VAT after the export certificate has been sent to Maskinera , but no later than ten (10) days after collection of the Auction Item. If this time limit is exceeded, Maskinera will not refund the VAT.
The Buyer must provide Maskinera with the IBAN account number, SWIFT address and the correct name of the account owner at the time of collection of the Auction Item.
If a person other than the Buyer collects the Auction Item, this person must also present a valid ID document.
14. Right of withdrawal
As a buyer at Maskinera you have no right of withdrawal when bidding or winning bids. All bids are binding.
15. Complaints
If the Buyer wishes to make a complaint about an Auction Item, the Buyer should contact Maskinera by email info@maskinera.se
Maskinera only mediates Auction Items and is therefore not a party to a complaint. Maskinera can receive and mediate complaints regarding defects in Auction Items. Maskinera can also mediate information between buyers and Sellers in order to reach an agreement. Maskinera is not a legal representative of the Seller.
Complaints must be made before the Buyer has transported the Auction Item from the Seller's designated collection point.
Maskinera and the Seller must always be notified before any repair is carried out. Any cost proposals must always be approved by Maskinera and the Seller in advance. The Buyer is not entitled to compensation if the repair is carried out before approval has been given.
In the event of a complaint, the Seller or Maskinera will not compensate any direct or indirect losses.
16. Limitation of liability
Maskinera's liability to the Buyer is always limited to a price reduction or to the maximum refund of the sales price plus commission and value added tax.
Party is in no case responsible for indirect damage that the other party may suffer unless the Party has committed a breach of contract or intentional gross negligence.
However, if a Party is guilty of a material breach of contract, the other Party is entitled to terminate the Agreement with immediate effect.
The Buyer is obliged to hold Maskinera harmless from any claims that other users or third parties may make against Maskinera as a result of the Buyer's use of Maskinera.se or the Online Auction Service.
Maskinera does not guarantee that Maskinera.se or the Online Auction Service will operate without interruption or error. There may be times when Maskinera.se or the Online Auction Service is down for maintenance, updates, technical improvements or to develop its content and/or layout. Maskinera undertakes to inform the Buyer as far as possible before maintenance work and updates take place.
Maskinera reserves the right to make typographical errors and does not guarantee that the images reproduce an exact representation of the Auction Items.
17. Changes
Maskinera is entitled to change the content of the Online Auction Service and on Maskinera.se without obtaining the Buyer's prior approval.
Maskinera reserves the right to change these Customer Terms and Conditions. Maskinera will notify the Buyer of changes to the Customer Terms and Conditions via a message on Maskinera.se or in any other way that Maskinera considers appropriate.
18. Force Majeure
Party is exempt from penalties for failure to fulfill its obligations under the Agreement, if the failure is due to circumstances beyond the control of the Party and which the Party could not or should not have foreseen or reasonably taken into account at the time of the conclusion of the Agreement, such as. e.g. war, civil war, fire, flood, widespread public disease, epidemic, pandemic, interruption of public communications, interruption of public energy supply or similar circumstances.
If the performance of the Agreement is substantially prevented for more than one (1) month due to the above-mentioned circumstances, the Party is entitled to terminate the Agreement in writing with immediate effect.
19. Dispute
These Customer Terms and Conditions and the provision of the Online Auction Service and disputes arising therefrom shall be settled by Swedish arbitration.
20. Contact If the Buyer wishes to contact Maskinera , the Buyer can do so by e-mail at the address given at Maskinera.se.