CBI

 

 

AUCTION

CBI World
 

Online Auction Terms & Conditions Of Sale

ONLINE AUCTION TERMS & CONDITIONS OF SALE

1. ADDITIONAL ONLINE-AUCTION CONDITIONS

In addition to the “ General Conditions of Sale & Delivery of CBI Core Business Industries BV” (“General Conditions” ) you agree to be bound by these “ ONLINE-AUCTION TERMS & CONDITIONS” (“Online-Auction Conditions”) as well as to “SPECIFIC ONLINE AUCTION CONDITIONS & NOTICE TO BUYER” (“ Specific Notice to Buyer)” and the “ Binding Agreement” (“ Software License” )with our Online-Auction Software provider NextLot Inc. USA by registering as a Bidder on the CBI Auction Website, in person and or as a company.

2. AUCTION RULES

The Auctioneer can at its own discretion:

2.1 Change or withdraw any or all lots.

2.2 Bid for any lot(s) offered for sale at the Online-Auction on its own account and or on behalf of third parties, including on behalf of the seller.

2.3 Sell Lots in combination, subdivide a lot(s) or change lot(s)
 
2.4 Withdraw any lot(s) if the reserve price, placed on that lot, has not been reached.

2.5 CBI (Core Business industries BV) and or any CBI related company may act as the seller in any Online Auction.

2.6 Temporarily or permanently stop the Online-Auction

2.7 Extend the announced closing period of the Online-Auction

2.8 refuse to accept any bid, including autobids, for any reason and without any explanation to the bidder.

3. AUCTION SALE

3.1 All lots are offered subject to a reserve, which is the confidential minimum price below which a lot will not be sold. The reserve price may be decreased by the Auctioneer or Seller at any time before or during the auction. The reserve price may be decreased to the level of the highest Autobid if that bid is below the current reserve price with the effect that the highest Autobid may be accepted.

3.2 Subject to the reserve price (if any) being reached, each lot shall be sold to the highest bidder. All sales are final. In the event of any dispute arising between buyers such dispute shall be dealt with in such manner as the Auctioneer may in its absolute discretion determine. The Auctioneer reserves the right to resell any lot in dispute by putting it up for auction again. The Auctioneer reserves the right to cancel any sale for any reason in which case the buyer’s sole remedy shall be the refund of the amount of the purchase price and any Buyer’s Premium actually paid.

3.3 If a lot no longer appears under “Lot Listing ”, but now appears under “ Closed Lots”, the lot has either been Sold, Withdrawn or Passed.

3.4 You must be aged 18 years or over to use this Website; by creating an account you warrant to us that you are aged 18 years or older

3.5 This Website is for businesses only and is currently not suitable for use by consumers. If you are not acting in the course of any business of yours, you are not permitted to use this Website.

4. BUYER’S PREMIUM

The buyer will pay to the Auctioneer such premium ("Buyer's Premium") as announced in the “Specific Notice to Buyer” for such Online Auction in addition to the “Buyer’s Premium” any applicable value added tax or the equivalent or similar sales taxes in the relevant country. The Buyer's Premium is not negotiable and is payable by all buyers. The Auctioneer, when acting as agent for the seller, may also receive commission from the seller.

5. SPECIFIC ONLINE AUCTION CONDITIONS & NOTICE TO BUYER

For Each Online-Auction Sale “ Specific Notice to Buyer” will be announced, which will give instructions to Buyer related to payment, removal, and removal dates and any other specific conditions which will apply for such Online-Auction

6. BUYER’S OBLIGATIONS

6.1 PAYMENT

Unless otherwise provided for in the Notice to Purchasers for such Online-Auction, immediately after the Announcement of the Sale, the successful buyer shall pay the purchase price in full. Where applicable, buyers expressly authorise CBI (Core Business Industries BV) and/or the Auctioneer to charge buyers’ credit cards for the amount of such deposit. If a successful buyer fails to make a timely deposit, the Auctioneer and the seller may resell the item in question without notice. In addition, unless otherwise provided for in the “ Notice to Buyer”, the successful buyer shall pay the full purchase price of the lot (including in addition Buyer's Premium and any value added tax or the equivalent or similar sales taxes) to the Auctioneer on behalf of the seller on or before the Payment Date. More information about the applicable taxes may be given in the “ Notice to Buyer” for such Online Auction, however, buyers should seek their own tax advice. The buyer agrees that invoices may be issued in electronic form by email.
Payment shall be made in the currency specified on the relevant “ Notice to Buyer”. Any bank charges in respect of conversion or transfer of monies shall be borne by the buyer. If goods are exported, tax refunds or zero rating may apply, tax refunds (if any) will be made by the Auctioneer, subject to receipt of (i) satisfactory proof of export by the buyer; (ii) the corresponding amount of tax refund from the relevant tax authority or the seller and (iii) the relevant tax forms (if applicable).

6.2 COLLECTION/REMOVAL

Unless otherwise provided for in the Notice to Purchasers for the Online Auction in question, the buyer will:

(a) remove lots from the seller's premises during normal business hours and not later than the Clearance Date/Removal Date for the lot in question and this condition shall be of the essence of the contract

(b) only remove lots by previous arrangement with, and subject to the supervision of, the Auctioneer or its agent(s) or appointed representative(s)

(c) not be permitted to remove any lots it has purchased from the seller's premises until all sums due in respect thereof have been paid; and

(d) be responsible for the removal and insurance of the purchased lot(s) at its own expense.

If, in the Auctioneer's opinion, removal of any lot or part thereof will be likely to cause serious damage to the seller's premises, or any other damage which the buyer is either unable or unwilling to rectify, the Auctioneer may by notice to the buyer cancel the sale of such lot or permit the removal thereof from the premises to proceed subject to such conditions as it may think fit to impose. Auctioneer shall have no responsibility to disconnect utilities to the lot(s) sold, including electric, gas, waste and water lines.
The buyer shall provide, or ensure that their agent(s) performing removals on its behalf, provide on demand, evidence of insurance policies reasonably satisfactory to the Auctioneer, CBI (Core Business Industries BV) and/or the Seller.
Should any party claim possession of or title to all or part of a lot prior to its removal from the seller's premises, the Auctioneer reserves the right to cancel the sale thereof or to remove or permit the removal thereof from the seller's premises subject to such conditions as it may think fit to impose.
Should the buyer fail to comply with any of the foregoing requirements the lot or lots which have been subject to an Announcement of Sale to him or any part thereof may, without further notice, be re-offered for sale, destroyed or otherwise disposed of by the Auctioneer in any manner as it shall in its absolute discretion deem fit, and any monies paid shall be forfeited.
Without prejudice to any claims that the Auctioneer and/or the seller may have against the buyer for breach of contract or otherwise the buyer will become liable from the Clearance Date/Removal Date for all storage, security and administration expenses and the cost of and incidental to re-selling and/or otherwise disposing of lot(s) not collected on time or not removed at all.

7. INTERNATIONAL STATUTORY COMPLIANCE EXCLUSION

(a) It is expressly brought to the buyer's attention that, at the time of sale, any item of plant, machinery or equipment contained in the lot(s):
may not necessarily comply with the Health and Safety Laws, in the relevant jurisdiction and or any other EC Acts, Regulations, Directives or their applicable laws or equivalent or similar laws in any relevant jurisdiction or; and
could contain blue or white asbestos, hazardous substances, dangerous chemicals etc. which if not handled correctly during their removal from a site could be in breach of the relevant Health & Safety Laws, use of such substances in a working environment in the EC or any other relevant jurisdiction.

(b) The buyer undertakes to:
remove, ship and use any purchased plant and equipment within the European Community or any other relevant jurisdiction in a way that does not contravene any relevant legislation and in full compliance with all applicable health and safety standards and regulations;
comply with all current applicable legislations in any relevant jurisdiction and reasonable instructions by the Auctioneer in relation to the removal/disposal of waste including hazardous waste.
Participants agree to comply with all applicable export or import control or related laws or regulations and not to violate any applicable local, state, national or international law, statute, ordinance, rule or regulation. Participants acknowledge that the Auctioneer is not the exporter of any asset unless expressly stated. The Auctioneer gives no representation or warranty concerning and has not conducted any investigation to ascertain which items, if any, constitute, for example, “Restricted Technology” for US law purposes or whose export is otherwise restricted under applicable law. The Auctioneer and the seller reserve the right to cancel or rescind any sale in an Online Transaction at any time if either of them determines, in its absolute discretion, that the sale does or may violate applicable export or import control or related laws and regulations.

8. BUYER’S RESPONSIBILITIES AND CONDUCT

The buyer will be responsible for all damage that it, its carriers or its agents may do to the property of any third party (and, in particular, to the seller's premises) in removing the lot(s) it has purchased. Should the Auctioneer consider such damage likely to occur, it may require the buyer to deposit such sum of money with the Auctioneer, by way of security for the costs of reinstating that part of the premises likely to be damaged by the removal of a lot, as the Auctioneer may require. Should the buyer refuse to deposit such monies, the Auctioneer may refuse the buyer access to the seller's premises for the purpose of collecting all or any of the lots it has purchased, or rescind the sale of such lot.
By placing a Bid on a lot, the buyer represents, warrants and undertakes that it has the authority and capacity to enter such Bid and close the transaction and that any Bid that it makes constitutes an irrevocable offer to buy the lot in question for the full amount of the Bid.

9. TRANSFER OF RISK

Upon the Announcement of Sale the buyer shall assume all risks in and relating to such lots. The buyer is advised to effect in respect of all such risks arising thereafter any insurance it may consider necessary. The duty of the Auctioneer and/or the seller to make lots available shall be deemed performed upon Announcement of Sale even if a lot is subsequently damaged and/or part thereof has been lost.
 

Property and title in each lot shall not pass to the buyer until:
(a) full payment therefore has been received or
(b) each such lot has been removed from the seller's premises in its entirety.


10. INTELLECTUAL PROPERTY RIGHTS

The buyer acknowledges that any software or intellectual property rights attaching to a lot or lots may not be the property of the seller or capable of transfer by the seller. Neither the seller nor the Auctioneer is in any way authorizing the use by the buyer of such software or intellectual property rights and any use of such software or exploitation of such intellectual property rights shall be at the buyer's sole risk.

11. AS IS / WHERE IS

All goods are sold "AS IS, WHERE IS, WITH ALL FAULTS, IMPERFECTIONS, DEFECTS AND WITHOUT RECOURSE". Illustrations, pictures or videos posted on the Site are for the convenience of the buyers only.
Each of the seller, the Auctioneer and, where applicable, CBI (Core Business Industries BV) has used its reasonable endeavors to ensure that the description of each lot(s) appearing on the Site are accurate, but the buyer relies upon such description at its own risk. Buyers should satisfy themselves prior to the sale as to the condition of the lot and should exercise and rely on their judgment as to whether the lot accords with its description at their own risk.
Subject to the obligations accepted by CBI (Core Business Industries BV) and, where applicable, the Auctioneer under these Terms and Conditions neither the seller nor CBI (Core Business Industries BV) nor, where applicable, the Auctioneer nor any of their respective employees or agents are responsible for errors of description or for the genuineness or authenticity of any lot and no warranty whatever is given by CBI (Core Business Industries BV) or, where applicable, the Auctioneer, or the seller or their respective employees or agents to the buyer in respect of any lot and any express or implied conditions or warranties are hereby excluded to the greatest extent permitted by law.

12. FORCE MAJEUR

In addition to Article 6:75 of the Netherlands Civil Code, all circumstances that are not directly caused by CBI but which reasonably prevent CBI from performing its obligations such as war or similar conditions, riots, acts of terrorism, a state of siege, embargoes, sabotage, natural disasters including floods, earthquakes, fire, frost, rain or wind, governmental measures, strikes, lock outs, malfunctions, leakage, power failure, transportation difficulties will be deemed force majeure for which CBI cannot be held liable.

13. LIABILITY

Where the buyer loads any item of plant, machinery or equipment contained in a lot or lots to remove it from a site, neither the seller nor CBI (Core Business Industries BV) nor, where applicable, the Auctioneer shall be under any liability whatsoever to the buyer or any third party for any damage however so caused by the removal and the buyer shall be responsible for and indemnify the seller and CBI (Core Business Industries BV) and, where applicable, the Auctioneer against any damage or loss which the seller or CBI (Core Business Industries BV) or, where applicable, the Auctioneer may suffer or incur in respect of loss, damage or injury suffered by the buyer's employees or any third party arising from the removal of the plant, machinery or equipment.

The Auctioneer does from time to time act as agent of the seller in an Online Auction and in those instances is not responsible for acts and omissions of the seller or any of the seller's principals, officers, directors, employees or other agents.


14. LIMITATION OF LIABILITY

Neither seller nor CBI (Core Business Industries BV) nor, where applicable, the Auctioneer shall be liable, in contract, tort (including negligence) or for breach of statutory duty or in any other way for:

1. any loss arising from or in connection with loss of revenue, profits, contracts or business or failure to realize anticipated savings or profits;
2. Any loss of goodwill or reputation; or
3. Any indirect or consequential losses suffered or incurred by buyer,
Arising out of or in connection with these Terms and Conditions and any of the actions or events contemplated within them or deriving from a sale of goods pursuant to them (“Relevant Events”).
The aggregate respective liability of seller or CBI (Core Business Industries BV) in respect of any other loss or damage suffered by a buyer and arising out of or in connection with these Terms and Conditions or arising out of or in any way connected with any Relevant Events, whether in contract, tort (including negligence) or for breach of statutory duty or in any other way, shall not exceed (I) in the case of the seller, the amount of the purchase price paid by the buyer; and (ii) in the case of CBI Core Business Industries BV) the buyer’s premium paid by the buyer, in each case in respect of the goods which are the subject of the claim.
The Buyer undertakes to defend and indemnify CBI (Core Business Industries BV) and seller and hold CBI (Core Business Industries BV) and seller harmless from and against any claim, demand, cause of action, liability or expense (including attorneys' fees and costs) asserted against or incurred by CBI (Core Business Industries BV), the seller or any third party in connection with the sale, removal, shipment or use of any purchased assets or a breach by the Buyer of these Terms and Conditions.
Nothing in this clause shall limit or exclude liability for death or personal injury resulting from the negligence of seller or CBI (Core Business Industries) B.V. or their respective employees or agents.


15. CHOICE OF LAW AND VENUE

ALL DISPUTES RELATING TO THESE TERMS AND CONDITIONS BETWEEN PARTICIPANTS AND THE AUCTIONEER SHALL BE EXCLUSIVELY GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE NETHERLANDS.

PARTICIPANTS AND THE AUCTIONEER HEREBY IRREVOCABLY SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF THE NETHERLANDS OVER ANY CLAIMS, DISPUTE OR MATTER ARISING UNDER OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THEIR ENFORCEABILITY. EACH PARTICIPANT ACKNOWLEDGES THAT GOINDUSTRY WOULD NOT PERMIT THE PARTICIPANT TO REGISTER AS A BUYER OR SELLER IF THE TERMS OF THIS CLAUSE 14 WERE NOT VALID, BINDING AND ENFORCEABLE.

Participants irrevocably consent to any process in any legal action or proceedings arising out of or in connection with these Terms and Conditions or its enforceability being served in accordance with the provisions of these Terms and Conditions relating to the service of notices. Nothing contained in these Terms and Conditions shall affect the right to serve process in any other manner permitted by the laws of the country in which service is to be affected.

These Terms and Conditions are drawn up in the English language. If these Terms and Conditions are translated into another language, the English language text prevails.

CBI (Core Business Industries) B.V., September 2011