Customer terms and conditions Company
- Customer conditions for companies
- Customer terms and conditions private person
- International companies
General customer conditions Maskinera
Maskinera AB (559337-3854), is a privately owned auction company that mediates auction assignments mainly for municipalities, companies and finance companies.
1. Scope of conditions
These general customer terms and conditions for companies ("Customer Terms and Conditions") 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.
The parties subject to the Terms are Buyer, Seller and Maskinera ("Party").
("Sellers") are the clients who have commissioned Maskinera to broker an Auction Item. It is always the Seller who sells and is responsible for the Auction Items. Maskinera is only an intermediary party and does not act as owner or Seller of Auction Items. Maskinera does not take on 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") at Maskinera.se. Swedish and foreign companies can register as buyers. To participate in an auction, the Buyer must accept Maskinera's terms 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 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 made.
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 Maskinera's staff during this period. To participate in bidding, it is required that the Buyer has been assigned an ID, a customer number, and has accepted the Customer Conditions. Participating in the bidding of your own Auction Items is not allowed, nor is manipulating 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 disturbances have ceased. Maskinera has the right to reject sales and disregard bids throughout the 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. A call-in fee is always 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 made the highest bid in a bidding process, and the reserve price is reached, an invoice is sent to the Buyer by email. The invoice has a seven-day payment period. In the event of non-payment, Maskinera has the right to demand that the purchase be completed by the Buyer and charge a reminder fee and penalty interest according to current interest legislation.
9. Approval 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 duty of investigation. This means that when collecting the Auction Item, you must examine and approve the condition of the Auction Item in relation to the auction documentation. Normally, physical viewings of the Auction Items are not offered during the auction (if exceptions are made, this is stated in the auction documentation). The Seller is not responsible for defects discovered by the Buyer after collection. If the Buyer hires a carrier or agent to collect the Auction Item, it is considered to be approved by the Buyer when the Auction Item leaves the collection site. The Seller is also not responsible for errors that occur after collection. Neither the Seller nor Maskinera is responsible for defects in Auction Items or property sold for bankruptcy trustees or in other compulsory sales.
Upon collection, the code on your collection instruction should be given to the Seller and a delivery receipt should be signed by the Seller. Please note that the pick-up instruction has Maskinera as the sender.
10. Functionally Defective Objects/Reserve Objects
If an Auction Item is described as a malfunctioning 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. malfunctioning items cannot be claimed. Passenger cars and light trucks with an estimated value of less than SEK 40,000 are also counted as defective objects.
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 their Auction Item, the Buyer's invoice must be registered as paid with Maskinera. Once the payment has been registered, the Buyer will receive a collection instruction with contact details for the Seller and a collection code (sent by email). The Buyer contacts the Seller and books a collection time that suits both parties. For any questions, Maskinera's customer service is available during office hours by phone and e-mail. Unless otherwise stated, you as a buyer are responsible for picking up, loading and any dismantling of the Auction Item.
When delivering the Auction Item, the Buyer must 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 have 15 days after 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 or part thereof. If the Seller cannot give the Buyer the opportunity to collect the Auction Item within 15 days, 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, avoid 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 picked up by the Buyer or its agent within 30 working days (or any other time period specified in the auction documentation), the Seller through Maskinera has the right to cancel the purchase and put the Auction Item up for sale again. The Seller and Maskinera are entitled to charge compensation for costs incurred as a result of the cancellation and for other losses. If the sales price does not cover the Seller's and/or Machinery'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. EU sales and exports
Buyers in a non-EU country 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 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 registration number of the vehicle must also be shown. The Buyer will be refunded the VAT after proof of export 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 owner at the time of collection of the Auction Item. If a person other than the Buyer collects Auction Items, this person must also present a valid ID document.
14. Right of withdrawal
As a corporate buyer at Maskinera , you have no right of withdrawal from bidding or winning bids. All bids are binding.
If the Buyer wishes to complain about an Auction Item, the Buyer should contact Maskinera via firstname.lastname@example.org
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 specified 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 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 any direct or indirect losses.
16. Limitation of liability
Maskinera's liability to the Buyer is always limited to a price reduction or to a maximum refund of the sales price plus commission and VAT. The 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.
Maskinera is entitled to change the content of the Online Auction Service and 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
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.