General customer conditions Maskinera Private customer "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 Private customer "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 private individuals (the "Buyer"). On the marketplace, Swedish Auction Items ("Auction Items") are brokered to the highest bidder.
By registering a customer user account for private customers ("Customer User Account"), the customer ("Buyer") enters into an agreement with Maskinera for 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 buy Auction Items via Maskinera , the Buyer registers as a bidder on Maskinera.se. Swedish and foreign companies and private individuals can register as buyers. To participate in an auction, the Buyer must accept Maskinera's customer terms and conditions.
The buyer must provide correct personal data, address and contact person, who must be a natural person of at least 18 years of age.
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 entitles the Customer 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 items on Maskinera.se are sold at auction. Bids can be placed 24 hours a day 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 with the highest bid by e-mail or telephone. The invoice sent is considered as contact made.
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 relevant Auction Item 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 has the right to demand that the purchase be completed by the Buyer and to charge a reminder fee and penalty interest according to 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 he has placed his 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 doing so, the Buyer shall be notified with the last known contact details.
13. Right of withdrawal
When purchasing an Auction Item on Maskinera.se, the 14-day right of withdrawal for private customers applies in accordance with current consumer protection legislation. This means that the Buyer has the right to cancel his or her purchase if this is notified to Maskinera within 14 days of the Buyer, or the Buyer's representative, picking up or receiving the Auction Item.
The right of withdrawal does not apply to the sale of Auction Items that are real property or other goods where the right of withdrawal according to law does not apply.
If the Customer wishes to withdraw from the purchase of the Auction Item, the Buyer must send an e-mail message to Makinera's customer service with a clearly formulated wish to withdraw from the purchase and check that the message has been received. The customer can also fill in a standard electronic form for exercising the right of withdrawal. This form can be downloaded from the Swedish Consumer Agency's website (http://publikationer.konsumentverket.se/kontrakt-och-mallar/angerblankett). In the form, the Customer shall state name, address, contact information and other relevant information such as invoice number and object ID.
When exercising the right of withdrawal, the Buyer is obliged to return the Auction Item to the Seller. When returning the Auction Item, the Customer must bring a receipt for the payment and a copy of the invoice. Maskinera does not reimburse travel costs, expenses or other costs that the Customer may have incurred in connection with the return of the Auction Item or the cancellation of the purchase.
If the Buyer chooses to return the Auction Item, the Buyer pays the return freight and is responsible for the condition of the Auction Item from the time it is picked up or received until it is returned to the Seller or returned. Auction Items returned via an agent must be well packaged and sent within seven (7) days from the date the Buyer notified Maskinera of his/her wish to exercise the right of withdrawal.
Upon approved exercise of the right of withdrawal, Maskinera will refund the amount paid by the Buyer for the Auction Item. Note that the Call-in fee or any shipping or transportation costs are not refunded.
From the amount to be refunded, Maskinera has the right to deduct a sum corresponding to the Auction Item's decrease in value if the Auction Item has been handled more than can be considered necessary to determine its function. The limit for what can be considered necessary is a maximum of ten (10) kilometers for vehicles and one (1) hour of operation for machines. For passenger cars, the depreciation is calculated at SEK 40 (incl. VAT) per kilometer driven over ten (10) kilometers. For excavators, tractors, dump trucks and wheel loaders under 5000 kilograms, the depreciation is calculated at 500 SEK (incl. VAT) per hour driven. For machines weighing more than 5,000 kg, the depreciation is calculated at SEK 1,000 (incl. VAT) per hour driven. For other machines and vehicles, the depreciation is calculated based on the value of the machine, its age and the cost of renting an equivalent machine.
Maskinera is entitled to wait to reimburse the Buyer until the Auction Item has been returned to the Seller.
14. Complaints
If the Buyer wishes to make a complaint about an Auction Item, the Buyer should contact Maskinera by e-mail.
Maskinera only mediates auction items and is therefore not a party to a complaint.
Maskinera can receive and mediate complaints regarding defects in the Auction Item. Maskinera can also mediate information between the buyer and the Seller 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 specified pick-up 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.
15. 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 are an accurate representation of the Auction items.
16. 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.
17. Force Majeure
The Party is exempt from penalties for failure to fulfill its obligations under the Agreement if the failure is due to circumstances beyond the Party's control 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, e.g. 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 circumstances as described above, the Party is entitled to terminate the Agreement in writing with immediate effect.
18. Dispute
These Customer Terms and Conditions and the provision of the Online Auction Service and disputes arising hereunder shall be settled by Swedish arbitration.
19. Contact If the Buyer wishes to contact Maskinera , the Buyer may do so by e-mail at the address given on Maskinera.se.