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Terms and Conditions for Bidding
The following Terms and Conditions contains the rules of bidding at Online Auction organized by the Auctioneer (hereinafter referred to as the “JEN”). The Japanese version of these Terms and Conditions shall be the original and any interpretation shall follow Japanese version. English version does not influence on interpretation of these Terms and Conditions.
- 1Eligibility to participate in the Auction
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(1)
This Auction is open to the public, but only Members can participate. Membership registration at JEN Auction is required for bidding and participation. In the same time Member will be automatically registered to other auction organized by NORI Enterprises (hereinafter referred to as the “NORI”), company related to JEN Auction.
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(2)
This Auction operates 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, even if Member claims JEN Auction as responsible Party.
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(3)
For registration on JEN Auction, JEN requires the payment of deposit, introduction from other construction auction organized by manufacture or trade company. If Company who desires to become Member, has not experience of participation in any auction, please contact to JEN Auction.
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(4)
Deposit
- a )The amount of deposit shall be more than 10% of purchased equipment(minimum JPY500,000)
- b )No interest shall accrue on security deposit.
- c )Deposit shall secure the debt for unpaid expenses.
- d )If Member decides to leave 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 settle deficiency within 7 days by own responsibility.
- f )If a Member does not claim to refund security deposit after the expiry of a full three years from the date of cancellation of membership, the Auctioneer shall be exempted from any obligation to refund.
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(5)
Member who must have Secondhand Dealer License, shall provide to JEN the information from this license (i.e. license number, place of acquisition and name of acquirer).
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(6)
JEN can deactivate membership in auction by his own and does not have obligation to explain the reason.
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(1)
- 2Elimination of anti-social forces
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(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.
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(2)
Member who commits any of the following acts by himself 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.
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(1)
- 3Login ID and password
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(1)
JEN shall issue Login ID and password to each Member of JEN Auction.
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(2)
It is forbidden to transfer Login ID or password issued by JEN to third party or share it with them, borrow, resale. Member assumes full responsibility for all actions taken by using this service and the results thereof.
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(3)
Member assumes full responsibility for all actions taken by using this service related to Login ID and password and the results thereof.
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(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.
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(5)
JEN can deactivate Login ID and password by his own without permission from Member and does not have obligation to explain the reason.
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(1)
- 4Contract
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After auction, Winner will receive email of confirmation. In the moment when Invoice has been sent by email, the sale contract between JEN and Winner shall be concluded. If Member desires to receive Invoice by fax, please contact JEN.
* Even if Member didn't receive email, it will be considered as email has been delivered as usual.
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- 5Other Fees and Charges
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(1)
Contract Fee
Contract Fee JPY10,000 is required for each lot. -
(2)
Storage Fee
If the item is "arrived", Storage Fee start to charge on the 15th day after auction close. The rate is per day in accordance with table as below.
Also, regarding items sold in set, Storage Fee shall be charged per each item of set. If you have any question, please contact 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
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(3)
Releasing charge
If purchased item has been carried in location noted below, releasing charge (JPY5,000-JPY30,000) shall be required.
Releasing charge is mentioned on website of JEN Auction. Please check pic.1Shipping 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)
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(4)
Handling charge (carry-out)
If special work is required during carry-out, additional handling charge shall be required.
All handling charge shall be borne by Buyer.
Handling charge amount is mentioned in "Feature & Comment" of lot. Please check pic.2 -
(5)
Inland delivery can be provided to closest port. This payment is for delivery to export forwarder may be required for purchase by overseas Buyer.
Inland trucking charge is mentioned in Entry Items List of JEN Auction. Please check pic.3 -
(6)
Repairing charge
If JEN provide any repairing, repairing charge shall be required.
Repairing proxy charge (when repair is arranged at workshop by request from JEN): 6,000 yen/hour per one worker + actual repairing cost -
(7)
Other charge
In case if Buyer requests 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)
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(1)
- 6Payment
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Invoice Registration Number:T2010701017050
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(1)
Payment term is within one week after auction close.
Buyer shall complete the whole payment for purchased item, Contract Fee, releasing charge, etc., within one week after receiving email about successful bid. -
(2)
Only by T/T(Telegraphic Transfer) by cash
The payment shall be made only by T/T of cash. The settlement in non-cash payment, such as by L/C is not acceptable. Bank transfer charges and other expenses incurred for the transfer shall be borne by Buyer. -
(3)
Consumption Tax
For transactions within Japan, the consumption tax shall be separately billed to Buyer.
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(1)
- 7Right to disallow a bid and cancellation of contract
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JEN has the right to disallow a bid or to cancel contract anytime, 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 item
- c )trouble with inability to carry out the item due to problems with transferring of ownership rights
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- 8Warranty and Risk
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(1)
All equipment is provided on an "as is" and "as available" basis from information registered by Consignor.
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(2)
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a )Photo details (Please judge carefully by your responsibility before bidding)
JEN provides the photos limited in scope that represent the quality of item 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 items by photos by your responsibility before bidding)
JEN represents the content inspected in accordance with certain criteria decided 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 before bidding. Such request received after bidding will be not acceptable. - c )Manufacture year
Manufacture doesn't inform manufacture year publicly. As JEN posts manufacture year approximately relying on their data, Jen shall not be responsible for accuracy of manufacture year. -
d )Meter reads (Hour meter)
JEN just enters the numbers displayed on Hour Meter, but doesn'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 JEN 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 on auction limiting in scope, but Buyer shall do final decision in judging the quality by photo. JEN does not bear any responsibility concerning authenticity of serial number, plate & quality of engraving.
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a )Photo details (Please judge carefully by your responsibility before bidding)
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(3)
Ownership rights
In "Terms and Conditions for Entry of Equipment" it is 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 item 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. JEN does not engage with lost equipment or equipment released to third parties.
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(1)
- 9Carry-out from "Delivery yard"
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During carry-out, JEN can refuse the loading of item in cases as below. Also, note that JEN can refuse even carry-out.
- a )if JEN 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 business trucks with licensed plate number(green number)
- d )if JEN did not confirm the payment for item. *Carry-out of item is available only after confirmation of payment.
The payment for items is acceptable only in order by purchase date from oldest item to newest. -
(1)
Carry-out from Consignor yard
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a )Overseas purchase
Inland trucking charge to the closest port shall be borne by Buyer. These charge are included in Auction Invoice in amount of item. -
b )Domestic purchase
- - As principle, loading on truck shall be arranged by Consignor. If Buyer does not follow to instructions of Consignor, Buyer takes whole responsibility for occurred accident troubles.
- - The carry-out arranged through direct contact Consignor is prohibited.
- - If the item is not carried out within 2 weeks, JEN will transport item to location decided by themselves. In this case, occurred all expenses and charge shall be borne by Buyer.
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a )Overseas purchase
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(2)
Carry-out from JEN Forwarder's yard
・Buyer shall load item on truck by himself. In case of any trouble or accident, Buyer takes whole responsibility.
・Regarding immovable item, if additional loading work is required, extra Handling Charge will be billed.
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a )Concerning the items arrived in yard before purchase
After payment within one week, please release your item within two weeks after auction close. -
b )Concerning the items not arrived in yard before purchase
After payment within one week, please carry out your item within two weeks after delivering.
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a )Concerning the items arrived in yard before purchase
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(3)
Trouble during and after carry-out
Before carry-out, you should be sure to check in what condition this item is.
If you noticed any strangeness, please contact JEN immediately. When Buyer carries the item in his place or it goes by itself, Buyer takes 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 )If you noticed any strangeness, please contact JEN immediately. When Buyer carries the item in your place or it goes by itself, Buyer takes the whole responsibility for any trouble during and after carry in target location.
- c )JEN does not take any responsibility for quality and security of item, including theft or lose, if the item was not released within releasing term.
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- 10About acceptance and condition of complaint received from Buyer
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(1)
Acceptance of complaint
If Buyer detected any notable damage or problem that was not informed during WEB auction after purchase, 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 item must be carried out within two weeks from the date the "Notification of Receipt Completion' email sent by JEN.
As a result of arbitration, it is determined that the transaction has not been completed, the winning bidder shall bear the cost of returning the machinery to the designated delivery location.
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(1)
- 11Penalty and fines billed to Buyer
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(1)
Carry-out notification
When you intend to carry out the item, please contact 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 JEN or without receiving the permission of carry-out from JEN, the yard does not allow you to carry out the item. If you visit the yard for carry-out without prior contact, but 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 JEN: JPY10,000
- b )The same day carry-out cancellation charge: JPY10,000
- c )Carry-out through direct contact with yard without contact JEN: JPY10,000
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(2)
Cancellation of bid
If Buyer desires to cancel a bid on his own, whatever the reason, JEN shall bill charge as below:
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a )if Buyer requests 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 requests to cancel after one hour after bidding or after winning (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.
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a )if Buyer requests to cancel within one hour after bidding before auction close
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(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 due to overdue payment regardless of the reason. In this case all expenses and loss incurred for resale, the late payment charge, the storage fee shall be borne by Buyer.
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(1)
- 12Reselling the item purchased on JEN auction
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Please check details in “Terms and Conditions for Entry of Equipment”
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- 13Governing Law and Revision
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(1)
Member cannot transfer or loan the rights and duties to third party.
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(2)
JEN reserves the right to refuse the bidding of Member who will be judged as Member who obstructs or can obstruct the operation of auction website or deactivate Membership without prior notice.
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(3)
JEN reserves the right to revise these rules of this Auction without prior notice.
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(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.
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(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.
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(1)
- 14Indemnity in JEN Auction Service
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(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 item 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.
JEN does not engage with lost equipment or equipment carried out to third parties. (Direct consultation between Consignor and Buyer shall be organized) -
(2)
JEN just provides content of service. JEN does not take any responsibility for completeness, accuracy, applicability and usefulness of data registered by third party.
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(3)
JEN does 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.
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(4)
JEN does not take any responsibility and does not have a duty to provide any compensation for damages 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.
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(5)
JEN does 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 items.
- 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.
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(1)