Terms and Conditions for Bidding｜Auction & Search

1Eligibility to participate in the Auction

(1)
This Auction is open to the public, but only Members can participate. Member registration at JEN Auction is required for bidding and participation. In the same time the Member shall be registered to other auction organized by NORI Enterprises (hereinafter referred to as the “NORI”), company related to JEN Auction.
(2)
This Auction manage only the companies specialized on used construction equipment. Member shall follow to business manners with used construction equipment, understand rules of this Auction and any violation is prohibited. Also, in case of compliance or any trouble, Member shall follow the judgment of JEN Auction, ever if Member claim JEN Auction as responsible Party.
(3)
For registration on JEN Auction, JEN will require the payment of deposit, introduction from other construction auction organized by manufacture or trader company. If Company, desirebecone a Member, have not experience of participation in any auction, please contact to JEN auction.
(4)
Deposit
- a )The amount of deposit shall be more than 10% of purchased equipment(minimum JPY500,000)
- b )No interest shall accrue on the security deposit.
- c )Deposit shall secure the debt for unpaid expenses.
- d )If Member decide to leave this Auction(JEN Auction/NORI Auction), deposit shall be refund after settling all debts billed from JEN or NORI.
- e )If the amount of deposit is not enough, Member shall to settle deficiency within 7 days by whole responsibility of Member.
- f )If a member does not claim the refund of the security deposit after the expiry of a full three years from the date of cancellation of the member, the Auctioneer shall be exempted from any obligation to refund.
(5)
Member that must have a Secondhand Dealer License, should provide to JEN the information from this license (i.e. license number, place of acquisition and name of acquirer).
(6)
JEN can deactivate the membership in auction by their own and do not have obligation to explain the reason.

2Elimination of anti-social forces

(1)
No person or entity classified in any of the following can participate in this Auction.
- a )Organized crime group, member of an organized crime group, quasi-member of an organized crime group, company affiliated with an organized crime group.
- b )Corporate extortionist, groups engaged in criminal activities under the pretext of political campaigns or social campaigns, or crime group.
- c )Any other person or entity similar to any of the above.
(2)
Member who commits any of the following acts by themselves or by use of a third party
- a )Act to demand something in a violent manner
- b )Act to demand something unreasonably
- c )Act to use threatening words or behaviors or violence in relation to transactions
- d )Act to damage our reliability or prevent our business by use of fraudulent means or force
- e )Any other person or entity similar to any of the above.

3Login ID and password

(1)
JEN shall issue Login ID and password to each Member of JEN Auction.
(2)
For Member it shall be forbidden to transfer Login ID or password issued by JEN to third party or share it with them, borrow, resale. Member assume full responsibility for all actions taken by using this service and the results thereof.
(3)
Member assume full responsibility for all actions taken by using this service related to Login ID and password and the results thereof.
(4)
If Member lost Login ID and password issued by JEN or it is discovered that it was used by third party, Member shall inform JEN about this situation, follow the instructions of JEN and do the required procedures.
(5)
JEN can deactivate Login ID and password by their own without permission from Member and do not have obligation to explain the reason.

4Contract

After auction, the Winner shall receive email of confirmation. In the moment when Invoice is sent by email or fax, the sale contract between JEN and winner shall be concluded. If Member desire to receive Invoice by fax, please contact with JEN.
* Even if Member didn't receive email, it is considered as email has been delivered as usual.

5Other Fees and Charges

(1)
Contract Fee
Contract Fee JPY10,000 is required for each lot.

(2)

Storage Fee
If the unit has been arrived by purchased date already, Storage Fee start to charge in 14 days after auction close per day in accordance with table as below.
If the unit is not arrived on purchased date, Storage Fee start to charge in 14 days after sending email about arriving of unit per day in accordance with table as below. Also, regarding the units sold by set, Storage Fee shall be charged per each unit of set. If you have any question, please contact with JEN.

Storage Fee
Parts/ Attachment	JPY300/Day
Box type Equipment (except large size)	JPY400/Day
Operating weight 5t less	JPY400/Day
Operating weight over 5t to 20t less	JPY500/Day
Operating weight over 20t	JPY600/Day

(3)

Releasing charge
If purchased unit is carried in location noted below, releasing charge (JPY5,000-JPY30,000) shall be required.
Releasing charge is mentioned in Entry Items List of JEN Auction. Please check pic.1

Shipping Forwarder’s Yards require Releasing Charge
TOMAKOMAI PORT-A	KURIBAYASHI SHOKAI Co., Ltd (HOKKAIDO)
TOMAKOMAI CITY-A	TRANS WORK Co., Ltd (HOKKAIDO)
TOMAKOMAI CITY-B	HSK Co., Ltd (HOKKAIDO)
CHIKUSEI YARD (IBARAKI)	SEIWA Co., Ltd (IBARAKI)
YOKOHAMA PORT-A	KEINARA Co., Ltd. (YOKOHAMA)
YOKOHAMA PORT-D	WAKYO SHOJI Co., Ltd. (YOKOHAMA)
YOKOHAMA PORT-B	EYE-EYE TRANS Co., Ltd. (YOKOHAMA)
YOKOHAMA PORT-C	KYODO SHOKAI Co., Ltd. (YOKOHAMA)
YOKOHAMA PORT-E	NISSHIN Co. (YOKOHAMA)
OSAKA SOUTH PORT	DAISHO KAIUN Co., Ltd (OSAKA) R-2
OSAKA PORT-A	MARUSHIN KOUN Co., Ltd. (OSAKA)
KOBE PORT-C	NISSIN CORPORATION (KOBE)
KOBE SOUTH PORT	DAISHO KAIUN Co., Ltd (KOBE) ROKKO
KOBE PORT-E	SHINRYO KOUN Co., Ltd. (KOBE)
HAKATA PORT-C	KAMIGUMI Co., Ltd (HAKATA)
HAKATA PORT-B	SANKYU Inc. (HAKATA)
FUKUOKA YARD-A	URSA Co., Ltd. (FUKUOKA)
FUKUOKA YARD-B	ESN LOGISTICS Co., Ltd.. (FUKUOKA)

(4)
Handling charge
If the special work is required during carry-out, additionally handling charge shall be required.
All handling charge shall be borne by Member.
Handling charge amount is mentioned in "Feature & Comment" of lot. Please check pic.2
(5)
Inland trucking charge
Inland delivery shall be provided to closest port. This payment to export forwarder shall be required for purchase by overseas Member.
Inland trucking charge is mentioned in Entry Items List of JEN Auction. Please check pic.3
(6)
Repair charge
If JEN provide repairing, repair charge shall be required.
Repairing proxy charge (when repairing is arranged at repairing workshop by request from JEN): 6,000 yen/hour per one worker + actual repairing cost
(7)
Other charge
In case if Buyer request the additional job, extra charge will be billed. Please contact JEN.
For example, request of additional photo of engine number not presented on exhibited photos.
（※Reference Picture）

6Payment

Invoice Registration Number:T2010701017050

(1)
Payment term shall be within one week after auction close.
Member shall complete the whole payment for purchased unit, Contract Fee, releasing charge, etc., within one week after receiving email about successful bid.
(2)
Only by T/T(Telegraphic Transfer) of cash
The payment shall be made only by T/T of cash. The settlement in non-cash payment, such as by L/C shall be not acceptable. Bank transfer charges and other expenses incurred for the transfer shall be borne by Buyer.
(3)
Consumption Tax
For transactions to a destination within Japan, the consumption tax shall be separately imposed on Buyer.

7Right to disallow a bid and cancellation of contract

JEN shall have the right to disallow a bid or to cancel contract at any time, having a valid reason.
For a example:
- a )delaying of bid due to network environment of JEN or Member, or trouble with connect of network
- b )trouble occurred due to incorrect information of exhibited unit
- c )trouble with inability to carry out the unit due to problems with transferring of ownership rights

8Warranty and Risk

(1)
All equipment is provided on an "as is" and "as available" basis from information registered by Consignor.
(2)
- a )Photo details (Please judge carefully by your responsibility before bidding)
  We provide the photos limited in scope that represent the quality of unit as accurately as possible. But it does not mean that the photos represent whole details including unshown defects.
- b )Condition report (Please judge carefully the photos by your responsibility before bidding)
  JEN represent the content inspected in accordance with certain criteria fixed by JEN and do not guarantee the content of c) ~d) as described below.
  If you desire to check any unclear details, please request to JEN definitely before bidding. Such request received after bidding will be not accepted.
- c )Manufacture year
  Maker don't inform manufacture year publicly. As we post manufacture year approximately relying on our data, we shall not be responsible for accuracy of manufacture year.
- d )Meter reads (Hour meter)
  We just enter the numbers displayed on Hour Meter, but don't take any responsibility for this indication and related content. As mistyping can be occurred during entering, please be sure to re-check hour meter with photos as well.
  Concerning the changing or falsification of indicated Hour Meter, this information is noted in “Feature & Comments” only in case, when we could know about this from results of other auctions beforehand.
- e )Serial number (plate and engraved serial number)
  Plate & re-engraving numbers are checked before entering at auction limiting in scope, but Buyer do final decision in judging the quality by photo. JEN do not bear any responsibility concerning authenticity of serial number, plate & quality of engraving.
(3)
Ownership rights
In "Terms and Conditions for Entry of Equipment" it described as "The equipment to be put up in the auction must not be a stolen or lost property", but if the trouble with Ownership rights occurs after releasing of unit to Buyer, JEN will enter in this conflict as Mediator between Consignor and Buyer, only if equipment is returned to "Delivery yard" in same condition when it was released. We do not engage with lost equipment or equipment released to third parties.

9Carry out from "Delivery yard"

During carry-out, we can refuse the loading of unit in cases as below. Also, be noticed that we can refuse even the carry-out.
- a )if we didn't receive carry-out schedule in advance by 15 o'clock the day before
- b )if the vehicle used in violation of the laws or truck or trailer has a safety problem.
- c )if Buyer ordered the carry-out in trucking company that does not use fleet vehicle (green number)
- d )if JEN did not confirm the payment for unit.
(1)
Carry out from Consignor yard
- a )Overseas purchase
  Inland trucking charge until closest port shall be borne by Buyer. These charge shall be included in Auction Invoice in amount of unit.
- b )Domestic purchase
  - - As principle, loading on truck shall be arranged by Consignor. If Buyer do not follow to instructions of Consignor, Buyer take whole responsibility for occurred accident troubles.
  - - The carry-out arranged through direct contact with Consignor shall be not accepted.
  - - If the unit shall be not carried out within 2 weeks, JEN will transport unit to location decided by JEN. In this case, occurred all expenses and charge shall be borne by Buyer.
(2)
Carry out from JEN Forwarder's yard
　・Buyer shall load unit on truck by themselves. In case of any trouble or accident, Buyer take whole responsibility.
　・Regarding immovable unit, if additional loading work is required, extra Handling Charge will be billed.
- a )Concerning the units arrived yard before purchase
  After payment within one week, please release your unit within two weeks after auction close.
- b )Concerning the units not arrived in yard before purchase
  After payment within one week, please carry out your unit within two weeks after receiving email "Notice about delivery the unit".
(3)
Trouble during and after carry-out
Before carry-out, you should be sure to check in what condition this unit is.
If you noticed any strangeness, please contact JEN immidetely. When you carry in the unit to your place or it goes by itself, Buyer take the whole responsibility for any trouble during and after carry in the target location.
(4)
Carry out delay
- a )Storage Fee shall be billed for carry-out delay.
- b )JEN shall not take any responsibility for any damges of unit (including any damage of electrical system, oil leakage, sticking, rust, etc.) caused due to climatic changes or other reasons, if the unit was not carried out within 2 weeks.
- c )JEN shall not take any responsibility for quality and security of unit, including theft or lose, if the unit was not released within releasing term.

10About acceptance and condition of complaint received from Buyer

(1)
Acceptance of complaint

If Buyer detected after purchase the notable damage or problem that was not informed during WEB auction, JEN can discuss with Consignor within 2 working days after carry-out, but only in case if complaint complies with conditions a) and b). Even in this case Buyer shall finally follow the instruction of JEN.
- a )The payment was completed within one week after issuing Invoice.
- b )The unit was carried out within two weeks after receiving email "Notice about delivery the unit" from JEN.

11Penalty and fines billed to Buyer

(1)
Carry out notification

When you intend to carry out the unit, please contact with JEN at least one day in advance until 15:00 and inform carry-out date and name of trucking company.
If you visit the yard for carry-out without prior contact with JEN or without receiving the permission of carry-out from JEN, the yard shall not allow you to carry out the unit. If you visit the yard for carry-out without prior contact and the same day carry-out is unavoidable, or if you made cancellation of carry-out on the same day as scheduled date, JEN shall bill as below:
- a )The same day releasing charge for unavoidable carry-out without prior contact with JEN: JPY10,000
- b )The same day carry-out cancellation charge: JPY10,000
- c )Carry-out through direct contact with yard without contact with JEN: JPY10,000
(2)
Cancellation of bid

If Buyer desire to cancel a bid on their own, whatever the reason, JEN shall bill charge as below:
- a )if Buyer request to cancel within one hour after bidding before auction close
  　 Bid price is JPY4,000,000.- or less : 6%
  Bid price is JPY4,010,000.- or more and JPY10,000,000.- or less: 5%
  Bid price is JPY10,010,000.- or more: 4%
  Minimum: JPY20,000 -
  Maximum:JPY100,000 -
- b )if Buyer request to cancel after one hour after bidding before auction close
  Whatever the reason, JEN shall bill penalty as the most high amount between JPY500,000 or 10% of purchase amount in addition to late payment charge.
- c )if Buyer request to cancel after auction close
  Whatever the reason, JEN shall bill penalty as the most high amount between JPY500,000 or 10% of purchase amount in addition to late payment charge.
(3)
The late payment charge

7.3% per annum
If the payment is not confirmed within payment term, JEN shall bill the late payment charge at 7.3% per annum for the number of delayed days from the next day of payment due date.
(4)
JEN has the right to cancel a deal with overdue payment regardless of the reason. In this case all expenses and loss incurred for the resale, the late payment charge, the storage fee shall be borne by the Successful Bidder.

12Reselling the unit purchased on JEN auction

(1)
Auction Entry Fee (shall be billed after purchase) JPY10,000
(2)
Commission
Purchase price is JPY4,000,000.- or less : 6%
Purchase price is JPY4,010,000.- or more and JPY10,000,000.- or less: 5%
Purchase price is JPY10,010,000.- or more: 4%
Minimum commission: JPY20,000 -
＊If the unit require loading arrangement (immovable, box type equipment, parts, etc), it shall be billed as Commission+1%

13Governing Law and Revision

(1)
Member cannot transfer or loan the rights and duties to Third Party.
(2)
JEN reserves the right to refuse the bidding of Member who will be judged as Member who obstruct or can obstruct the operation of auction site or deactivate Membership without prior notice.
(3)
JEN reserves the right to revise these rules of this Auction without prior notice.
(4)
In the event of any doubt in the interpretation hereof or any problem in any matter not prescribed herein, JEN shall exert efforts to amicably settle by consultation with Member.
(5)
These Terms and Conditions are prepared in accordance with the laws of Japan.
Any dispute shall be resolved by Tokyo District Court as the Court of First Instance.

14Indemnity in JEN Auction Service

(1)
In "Terms and Conditions for Entry of Equipment" it described as "The equipment to be put up in the auction must not be a stolen or lost property", but if the trouble with Ownership rights occurs after carry out of unit to Buyer, JEN will enter in this conflict as Mediator between Consignor and Buyer, only if equipment is returned to "Delivery yard" in same condition when it was carried out.
We do not engage with lost equipment or equipment carried out to third parties. (Direct consultation Consignor and Buyer shall be organized)
(2)
JEN shall just provide content of service. JEN shall not take any responsibility for completeness, accuracy, applicability and usefulness of data registered by third party.
(3)
JEN shall not take any responsibility for the loss of data stored by Member in the device for this service, and for falsification caused by third party.
(4)
JEN shall not take any responsibility and shall not have a duty to provide any compensation for damages to Member occurred during using of this service(including damages caused by third party), and for damages to Member or third party occurred due to inability to use this service.
(5)
JEN shall not take any responsibility for damages and loss occurred in cases as below
- a )Loss caused due to faulty of PC hardware or software used by JEN or JEN’s associated organizations.
- b )Loss caused due to network environment (including damages caused due to devices used by Member)
- c )Loss caused due to natural disasters such as flood and storm damages, lightning, fires, abnormal current and other uncontrollable situations that makes JEN be unable to operate normally or provide service of JEN auction including control of stored units.
- d )Loss occurred due to stolen Login ID and password by third party, whatever the reason.
- e )Loss occurred due to mistake in operating of device by Member
- f )Other loss occurred due to reason that JEN cannot take a responsibility for.