Customer terms and conditions Company
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- Customer terms and conditions private person
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General terms and conditions Maskinera
Maskinera AB (559337-3854), is a privately owned auction company that arranges auction assignments mainly for municipalities, companies and finance companies.
1. Scope of conditions
These general terms and conditions for businesses ("Customer Terms") apply when Maskinera AB ("Maskinera") provides online auction services ("Online Auction Service") via the marketplace Maskinera.se to businesses ("Buyer"). Swedish auction items ("Auction Items") are sold to the highest bidder on the marketplace. 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 for a User Account, the Buyer declares that he has read the Customer Terms and Conditions and undertakes to comply with them.
The parties covered by these terms and conditions are the Buyer, the Seller and Maskinera ("Party").
("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 the intermediary and does not act as owner or Seller of the Auction Items. Nor does Maskinera assume the role of exporter of Auction Items to other countries. Administration of change of ownership for Auction Items registered with the Swedish Transport Agency is the responsibility of the Seller.
To purchase Auction Items via Maskinera, the Buyer registers as a bidder ("Buyer") on Maskinera.se. Swedish and foreign companies can register as Buyers. In order to participate in an auction, the Buyer must accept Maskinera's terms and conditions of purchase.
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.
4. The online auction service
Maskinera grants the Customer the right to use the Online Auction Service provided that the Customer fully complies with the provisions of these Customer Terms and Conditions and meets any payment obligations. All Auction Items on Maskinera.se are sold by auction. Bids can be placed around the clock on the auctions in progress. Each auction closes at the specified time, but is extended by approximately three minutes if a new bid is placed within three minutes of the closing time. Within 72 hours of the end of the auction, Maskinera will contact the Buyer with the highest bid by e-mail or telephone. Sent invoice is considered as contact taken.
All bids are binding and cannot be withdrawn by the Customer. This applies even if the bid does not reach the reserve price at the end of the auction.
If the reserve price has not been reached, the Customer's bid is binding for two working days after the end of the auction. The Buyer undertakes to be available to Machine's staff during this period. In order 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 via agents. In case of two equal bids, the first bid wins. In the event of technical problems, auctions may be extended until the problems have ceased. Maskinera has the right to refuse to sell and to disregard bids during the entire auction process. Maskinera has the right to decide whether a bid should be cancelled and reopened due to technical problems, typing errors or for other reasons. A call-in fee will always be added to the winning bid.
6. Reservation price
Reservation price is the predetermined minimum final price that the Seller must accept. The auction page of the auctioned item will indicate whether or not the reserve price has been reached. The Seller has the right to accept the highest bid at the end of the auction even if the reserve price has not been reached.
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 Buyer's Premium.
8. Invoicing and payment
When a Buyer has placed the highest bid in a bidding round, and the reserve price is reached, an invoice is sent to the Buyer by e-mail. The invoice has a seven-day payment period. In the event of non-payment, Maskinera shall be entitled to require the Buyer to fulfil the purchase and to charge a reminder fee and interest on arrears in accordance with the applicable interest legislation.
9. Approval of Auction Items
All auction items on Maskinera.se are sold as is. Defects and faults may occur as the auction items are often used items. As a buyer, you have a far-reaching obligation to investigate. This means that you must examine and approve the condition of the auction item in relation to the auction basis when you pick it up. Normally, physical viewings of the Auction Items are not offered during the auction (if exceptions are made, this will be stated in the auction documentation). The Seller is not responsible for defects discovered by the Buyer after collection. If the Buyer uses a courier or agent to collect the Auction Item, it is deemed to have been accepted by the Buyer when the Auction Item leaves the collection point. The Seller is also not responsible for any defects occurring after pick-up. Neither the Seller nor Maskinera is responsible for defects in Auction Items or property sold for trustee in bankruptcy or other forced sale.
Upon pick-up, the code on your pick-up instruction must be given to the Seller and a delivery receipt must be signed by the Seller. Please note that the pick-up instruction has Maskinera as sender.
10. Functionally Defective Objects/Reserve Objects
If an Auction Item is described as a non-functional item in the Auction Documents, it has not been fully inspected or test run by the Seller or Machinery. The Auction Item may be missing parts or have more defects than those described in the Auction Document. Defective items include cars and light trucks with an estimated value of less than SEK 40,000.
A spare part is an auction item where vital parts may be missing, spare parts cannot be claimed.
No guarantee is given on purchased auction items.
Before the Buyer can collect his/her Auction Item, the Buyer's invoice must be registered as paid with Maskinera. Once the payment has been registered, the Buyer will receive a pick-up instruction with contact details of the Seller and a pick-up code (sent by e-mail). The Buyer will contact the Seller and arrange a mutually convenient pick-up time. In case of any questions, the Machinery customer service is available during office hours by phone and e-mail. Unless otherwise stated, the Buyer is responsible for the pick-up, loading and possible 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 an acknowledgement that the Auction Item has been received by the Buyer. As a Buyer, you have 15 days from the end of the auction to collect the Auction Item. If an Auction Item has not been collected within 15 days after the end of the auction, Maskinera is entitled to charge a fee of at least SEK 500 (excluding VAT) per week started. If the Seller is unable to give the Buyer the opportunity to collect the Auction Item within 15 days, the Buyer has the right to either demand performance or cancel the purchase. The Seller is not obliged to fulfil the purchase if there is an insurmountable obstacle or if fulfilment would involve sacrifices that are not reasonable in view of the Buyer's interest in the Seller fulfilling the purchase. In the event of justified rescission, the Buyer shall be entitled to reimbursement of the amount paid to Maskinera. The Buyer shall at all times take reasonable measures to prevent, avoid or limit loss or damage. Seller assumes no responsibility for Auction Items not picked up on time. For Auction Items that have not been collected by the Buyer or its agent within 30 working days (or such other period of time as may be specified in the Auction Documents), the Seller, through Maskinera, shall be entitled to cancel the purchase and re-offer the Auction Item for sale. The Seller and Maskinera shall be entitled to recover from the proceeds the costs of the cancellation and any other loss. If the sale price does not cover the Seller's and/or Machinery's damages and costs of 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 the Machinery may scrap/recycle/close the Auction Item. Prior to this, the Buyer shall be notified with last known contact details.
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 upon collection. The buyer must present a written export certificate. This must include information such as the date of issue, the name and address of the buyer, the quantity and nature of the goods and the date and place of arrival of the goods. In the case of delivery by means of transport, the registration number of the vehicle must also be shown. The Buyer will be reimbursed 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 shall provide Maskinera with the IBAN account number, SWIFT address and the correct name of the account holder at the time of collection of the Auction Items. If a person other than the Buyer is collecting the Auction Items, this person must also present a valid identification document.
14. Right of withdrawal
As a buyer through a Maskinera company, you have no right of withdrawal in the event of a bid or winning bid. All bids are binding.
If the Buyer wishes to make a complaint about an Auction Item, the Buyer should contact Maskinera via email@example.com
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 the Buyer and the Seller in order to reach an agreement. Maskinera is not the legal representative of the Seller. Complaints must be made before the Buyer has transported the Auction Item from the Seller's designated pick-up location. Maskinera and the Seller must always be notified before any repair is carried out. Any cost estimate must always be approved by Maskinera and the Seller in advance. The Buyer has no right to compensation if the repair is carried out before approval has been given. In the event of a complaint, neither the Seller nor Maskinera will compensate direct or indirect losses.
16. Limitation of liability
Machinery's liability towards the Buyer is always limited to price deductions or, at most, to reimbursement of the sale price plus commission and VAT. In no event shall a party be liable for indirect damages suffered by the other party, unless the party has committed a breach of contract or wilful gross negligence. However, if the Party is in material breach of contract, the other Party shall be entitled to terminate the Agreement with immediate effect. The Buyer shall indemnify Maskinera against any claim that another user or third party may bring against Maskinera as a result of the Buyer's use of Maskinera.se or the Online Auction Service.
Maskinera does not warrant that Maskinera.se or the Online Auction Service will operate without interruption or error. Maskinera.se or the Online Auction Service may be down due to 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 images accurately represent the Auction Items.
Maskinera reserves the right to change the content of the Online Auction Service and Maskinera.se without obtaining the Buyer's prior consent. Maskinera reserves the right to amend these Customer Terms and Conditions. Maskinera will notify the Buyer of any changes to the Customer Terms and Conditions by means of a notice on Maskinera.se or by any other means that Maskinera deems appropriate.
18. Force Majeure
The Party shall be exempt from any penalty for failure to perform its obligations under the Agreement if the failure is due to a circumstance beyond the control of the Party which the Party could not or should not have foreseen or reasonably foreseen at the time of the conclusion of the Agreement, such as war, civil war, fire, flood, widespread public disease, epidemic, pandemic, interruption of public communications, interruption of public power supply or any other similar circumstance. If the performance of the Agreement is substantially prevented for a period longer than one (1) month due to any of the above circumstances, the Party shall have the right to terminate the Agreement with immediate effect in writing.
These Customer Terms and Conditions and the provision of the Online Auction Service and disputes arising hereunder shall be settled by Swedish arbitration.
If the Buyer wishes to contact Maskinera, the Buyer can do so by e-mail at the following address, Info@maskinera.se.