Terms and Conditions for Bidding｜Auction & Search

(1)
JEN Auction is available only to JEN’s network members. Registration is required prior to participation as Bidder in JEN Auction. JEN’s Auction Member shall be registered simultaneously as an Auction Member of NORI Enterprise Co., Ltd.(“NORI”), JEN’s affiliated company.
(2)
Applicant is required to send Security Deposit (*) to JEN and needs the introduction from other auction companies operated by manufacturers and/or traders. (Please consult with JEN if the Applicant has no experience as auction bidder.)
(*) Security Deposit
- (a) Amount of the Security Deposit:
  Needs to be 10% or over of the planned purchase amount (minimum JPY500,000)"
- (b) There shall be no interest yielded for the Security Deposit.
- (c) The Security Deposit shall guarantee the debt the Member may owe JEN Auction (including NORI Auction) through participating in our Auctions.
- (d) The remaining amount of the Security Deposit shall be returned to the Member after it is applied to the outstanding amount the Auction Member owes JEN (including NORI), when the membership is canceled.
- (e) If the outstanding debt balance of the withdrawing member is larger than the amount of the Security Deposit, the member is solely responsible for clearing up the debt within seven working days.
- (f) JEN will be exempted from returning the Security Deposit, when no application for return has been made within three years from the date of Membership Cancellation.
(3)
Domestic Members who are required to possess Used Articles Dealer’s Licenses are requested to inform JEN of their respective License Number, Prefecture from which License was issued and the Name of Licensee.

(1)
JEN issues ID and Password to each Auction Member.
(2)
Auction Member must not jointly use the ID/Password issued by JEN with another person or persons, must not transfer, lend nor sell them to another person or persons. Auction Member must be responsible for keeping the ID/Password safe.
(3)
Auction Member shall be responsible for any of his/her actions done through JEN Auction Service using his/her ID/Password and any result deriving from it.
(4)
When Auction Member forgot his/her ID/Password or when it has been known that his/her ID/Password were used by a third party, he/she is required to contact JEN immediately and follow JEN’s instruction and act properly.

(1)
The following people or group of people cannot participate in JEN Auction.
- (a) Gangster organization, gangsters, quasi-gangsters, gangster-related enterprises
- (b) Fixers of stockholders' meetings, racketeers in disguise with propaganda or social welfare activities, swindler groups (such as in remittance fraud cases)
- (c) Others corresponding to the items enumerated above
(2)
Executing acts indicated below by Auction Member himself/herself or with the help of the Third Party is prohibited.
- (a) Violent demanding acts
- (b) Unreasonable demanding acts
- (c) Threatening words and deeds or acts of violence regarding the deal
- (d) Frauds, acts of damaging JEN’s reputation by influence or acts of disturbing JEN’s businesses
- (e) Others corresponding to the items enumerated above

(1)
Every item is sold "AS IS/WHERE IS."

We post a content of unit just as we receive from Consignor. Please judge carefully the condition of unit by photos with your own responsibility.
(2)
The Condition Report merely shows the results of the assessment of the equipment made according to standard rules. Please note that the contents of the report do not guarantee the information below (Notice 1). If you have any questions, be sure to ask us prior to Bidding. After Bidding the complaints will be not accepted.

Notice 1:
Production year: Maker don't inform production year publicly. As we post production year approximately relying on our data, we shall not be responsible for accuracy of production year.
Regarding "Meter Reads: 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, we enter the information about this in “Future & Comments” only in case, when we could know about this from results of other auctions beforehand.
Serial Number, Plate & Engraving: Concerning Serial Number, plate & re-engraving, we checking before entering at auction, but Bidder do final assessment of quality by photo. JEN do not bear any responsibility concerning authenticity of Serial Number, plate & quality of engraving.
(3)
Equipment photos have been prepared to show the conditions of the equipment as clearly as possible. However, they cannot necessarily cover everything, needless to say oversights of malfunctioning places. If you are concerned about any specific part of equipment, please be sure to contact us before bidding.
(4)
Ownership rights
In "Terms and Conditions for Entry of Equipment" described "The equipment to be put up in the auction must not be a stolen or lost property" in Clause 3(1), but if the trouble with Ownership rights occurs after releasing of unit to Winner, JEN will enter in this conflict as Mediator, only if equipment is returned to "Delivery yard" in same condition when it was sold. We do not engage with crushed, broken or deteriorated equipment or equipment released to third parties.
(5)
About the cancelation
If notable damages or not informed lack of unit (including radiation level) were found after successful bid, we will disc uss with the Consignor only under conditions that clauses (a)( ｂ ) have been fulfilled and the unit has been returned to delivery yard fixed at auction within two working days after releasing.
(a) The payment is completed within one week after Auction close date (Purchase date) (Terms and Conditions for Bidding 8(1))
(b) The unit is released within two weeks after Auction close date (Purchase date) (Terms and Conditions for Bidding 11(1)(2)) But in any case, the Bidder should follow the rules of JEN Auction. If the unit is damaged or flooded, naturally there is high risk that such unit becomes immovable due to trouble with electricity or unforeseen oil leakage. In such case, in principle we don't bear any loss for repairing after successful bid.

Once a Bidder has successfully bid on an item in the Auction, the Bidder cannot call off his/her purchase.
Withdrawing the successful bidding is handled as CANCELLATION of contract. (See 9-(3))

(1)
JEN has the right to notify any Auction Member ineffectiveness of his/her bidding and to cancel any contract at any time, when problems including but not limited to the following take place:
- (a) Delayed or unreceived bidding due to communication conditions on either side of Bidder and JEN
- (b) Discovering erroneous data of the entry equipment
- (c) Inability of the equipment delivery due to the inability of the ownership transfer of the purchased item

JEN notifies Bidder, after the Auction close, of his/her Successful Bid by E-mail and sends the Invoice by Fax. At this point the sales contract is concluded.

(1)
Within One Week after the Auction
The Successful Bidder shall complete the payment including the equipment price, Contract Fee, Releasing Charge, etc. within one week from the date that he/she received the notice of the successful bid by e-mail.
(2)
Cash by T.T(Telegraphic Transer)
Only Cash by T.T(Telegraphic Transfer) is acceptable for the payment. Payment other than cash such as L/C shall not be accepted.
Bank transfer charges must be covered by the Successful Bidder.
(3)
Consumption Tax
Consumption Tax is chargeable on prices and fees of all goods and services for Successful Bidders residing in Japan.

(1)
Annual Interest Rate of 7.3%
If the payment of the price is not made by the deadline, the Successful Bidder will be required to pay the delayed damages charge that would be calculated as an annual interest of 7.3% of the purchased product's price corresponding to the number of the delayed days.
(2)
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.
(3)
Cancellation
When the Successful Bidder intends to cancel the purchase, he/she shall pay as follows despite whatever reason:
- (a) Within One Hour from the Auction Close
  
  Penalty fee 10 % of the bid price (minimum JPY100,000)
  (Money collected as Penalty will be transferred to the machine owner.)
- (b) After One Hour or Later from the Auction Close
  The higher amount between JPY500,000 minimum deposit and 10% of the bid price of the subject equipment in addition to the delayed damages charge described in (1) above.

(1)
Contract Fee
Contract Fee of JPY10,000 / item is chargeable on every purchased equipment equally.

(2)

Releasing Charge
If Delivery Yard of purchased equipment is noticed in list below, Releasing Charge (JPY5,000~JPY30,000) will be required for payment (except the case when equipment will be directly exported from Delivery Yard at the port). Releasing Charge are mentioned at Entry Items List of JEN Auction. Please see (1) at picture

Shipping Forwarder’s Yards require Releasing Charge
TOMAKOMAIPORT-A	KURIBAYASHI Co., Ltd
TOMAKOMAI CITY	TORANS WORK Co., Ltd
YOKOHAMA PORT-A	KEINARA Co., Ltd.
YOKOHAMA PORT-D	WAKYO SHOJI Co., Ltd.
YOKOHAMA PORT-B	Eye-Eye TRANS Co., Ltd.
YOKOHAMA PORT-C	KYODO SHOKAI Co., Ltd.
YOKOHAMA PORT-E	NISSHIN Co.
OSAKA PORT-A	MARUSHIN KOUN Co., Ltd.
OSAKA SOUTH PORT	DAISHO KOUN Co., Ltd
KOBE PORT-A	SHOSEN KOUN Co., Ltd.
KOBE PORT-B	UNI-X NCT CORPORATION
KOBE PORT-C	NISSIN CORPORATION KOBE
KOBE PORT-E	SHINRYO KOUN Co., Ltd.
KOBE SOUTH PORT	DAISHO KOUN Co., Ltd
HAKATA PORT-B	SANKYU Inc. HAKATA
HAKATA PORT-C	KAMIGUMI Co., Ltd HAKATA
FUKUOKA YARD-A	URSA Co., Ltd.

(3)
Handling Charge
When some works are necessary to release a purchased item out of the Delivery Yard, Handling Charge is charged on the Successful Bidder. The Handling Charge is indicated at the “Feature” on the Entry Items List.

(4)

Storage Fee
Storage Fee are applicable after two weeks from Auction close date (Purchase date) as below:

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

Concerning the unit with operating weight more than 20t, please contact with JEN Corp to check the rate of Storage Fee.
If you purchase a set of units, Storage Fee will be applicable for each unit, but not for set in total.
These Storage Fee are applicable for all yards (Forwarder’s yards, Consignor yards and NORI yards).
If you have any question, please contact with JEN.

(5)
Inland Trucking Charge
Inland Trucking Charge are quoted for delivery to nearest port. If you want to deliver the unit to another location, Inland Trucking Charge will be billed separately.
Inland Trucking Charge are mentioned at Entry Items List of JEN Auction. Please see (3) at picture.
(6)
Repair Work
"JEN handles repair works for the purchased items as follows:
Repair Work in place of the Successful Bidder (at JEN’s Designated Repair Facility):

JPY6,000 / per hour per one mechanic + other actual expenses"
(7)
Carry-Out without Prior Notice and Cancellation of Carry-out on the day (Additional fee JPY10,000)
We will charge additional fee JPY10,000 in the following cases.
- 1. Successful Bidder needs to carry out his/her purchased equipment urgently without Prior Notice
- 2. Cancellation of Carry-out at the same date which has been reserved by Successful Bidder in advance
（※Reference Picture）

We may be forced to decline the Carry-Out by the Successful Bidder, if he/she comes with a non-law-abiding vehicle, unsafe truck or trailer.

(1)
In case that the Equipment has already ARRIVED at the Delivery Yard by the time of Auction Entry:
The Successful Bidder is requested to make payment within one week and to carry out the purchased Equipment within two weeks from Auction close date (Purchase date). If Carry-Out is not executed by the above deadline, the Storage Fee (See 10-(4)) is chargeable on the Successful Bidder.
(2)
About equipment not delivered to Delivery Yard after successful bidding
As a rule, purchased equipment must be delivered within one week after Auction close date (Purchase date). If equipment is not delivered within ome week, please contact with JEN to check the situation with delivery.
(3)
Carry-Out Rules on each Delivery Yard
- (a) In Case of Carry-Out from Consignor's Yard
  - [When Successful Bidder is an Overseas Auction Member]
  - After the Successful Bidding the purchased Equipment is transported to one of JEN-Designated Forwarders’ Yards. The Successful Bidder will be billed for Inland Trucking Charge specified in the invoice.
    [When Successful Bidder is a Domestic Auction Member]
    The successful Bidder is required to follow JEN's instructions. The Successful Bidder CANNOT contact the Consignor directly to carry out his/her equipment. Carry-Out is done in terms of Freight on Board. If Carry-Out is not executed within two weeks after Auction close date (Purchase date), JEN will transfer the equipment to JEN's Designated Delivery Yard. The Successful Bidder is responsible for all the cost incurred from such operation.
    After two weeks from Auction close date (Purchase date) we shall not be responsible for safe storage of Equipment.
- (b) In Case of Carry-Out from NOT Consignor's Yard
  - The Successful Bidder is required to be in charge of the loading work for Carry-Out.
    See "Selection of Auction Entry Yard and Notes" Page.
(4)
Carry-Out Notice
The Successful Bidder is required to provide JEN Prior Notice of releasing the units in advance. Prior Notice should include releasing date, time, and trucking company name. If Successful Bidder come to carry out his/her purchased equipment without Prior Notice, the releasing will be refused.
* Successful Bidder make a cancellation of Prior Notice at same date of reserved releasing date, penalty will be billed.(See Clause 10-(7))
(5)
Troubles during Pick Up.
❊ NORI YARD in case of any trouble during pick up, Buyer take the whole responsibility.
❊ Consignor Yard Please follow the instructions of Consignor. If Buyer violate these
instructions, Buyer take the whole responsibility.
(6)
Troubles after Pick Up.
When you deliver unit to your place or it goes by itself, Buyer take the whole responsibility for any trouble during delivery and after entering in the target place.
❊❊❊ During pick up, you should be sure to check in what condition this unit is!
(7)
The Successful Bidder shall be responsible for all the accidents and/or troubles taking place at the time of and after the Carry-Out. JEN shall be exempted from such responsibility.
(8)
Delayed Carry-Out
- (a) The Storage Fee. (See 10-(4))
- (b) The Successful Bidder shall be responsible for all damages or losses (e.g. oil leakage, sticking, rust, damage to electric system) incurred after the Auction, caused fy any reasons including lapse of time, weather, etc.
(9)
Inland Trucking Charge
- (a) Bidders are advised to contact JEN about estimates for transporting equipment from any other yard to a yard of Bidder designation. (In case that the Successful Bidder arranges the Inland Trucking himself/herself, he/she is required to observe the Carry-Out deadline.)
- (b) In case that the Successful Bidder chooses the forwarder, which is other than JEN's Designated ones, the Successful Bidder needs to be aware that separate Releasing Charge and Trucking Charge are payable.

(1)
No part of rights and duties of JEN Auction Membership shall be transferred or sublet to any third party.
(2)
JEN reserves the right to refuse the entry of equipment by such auction member as obstruct or may obstruct the fair　operation of the auction or can terminate his/her JEN Auction Membership without prior notice.
(3)
JEN reserves the right to revise these rules, if need be, without prior notice.
(4)
When issues and problems that are not stipulated by these rules take place or some uncertainty regarding the interpretation of rules arise, JEN and Consignor shall seek for mutually acceptable solution through consultation with each other.
(5)
These Terms and Conditions shall be governed by the Japanese laws and all disputes shall be submitted to Tokyo District Court as the Court of First Instance.

(1)
In "Terms and Conditions for Entry of Equipment" noticed "The equipment to be put up in the auction must not be a stolen or lost property" in Clause 3(1), but if trouble with Ownership rights occurs after releasing of unit to Winner, JEN will enter in this conflict as Mediator, only if equipment is returned in "Delivery yard" in same condition when it was sold. We do not engage with crushed, broken or deteriorated equipment or equipment released to third parties.
(2)
JEN shall not be responsible for the loss or falsification by a third party of the data, etc. which Auction Member has kept in his/her digital terminal for the use in JEN Auction.
(3)
JEN shall not be responsible nor have an obligation to compensate for the loss suffered by Auction Member through the use of JEN Auction Service (including the loss suffered through the trouble between Auction Member and a third party). JEN shall neither be responsible nor have an obligation to compensate for the loss suffered by Auction Member or a third party because of not being able to use the JEN Auction Service.
(4)
JEN shall not be responsible for the loss suffered in any of the following cases.
- (a) The loss suffered due to the malfunction of the hardware and/or software of the computers owned by JEN and JEN’s associated organizations
- (b) The loss suffered due to communication failure (including failure due to Auction Member’s equipment)
- (c) The loss suffered due to natural disasters such as flood and storm damages, lightning, fires, abnormal current and other uncontrollable situations which made JEN unable to operate normally or provide JEN Auction Service (including the safekeeping of the Equipment) properly
- (d) The loss suffered because the ID/Password of Auction Member were stolen, irrespective of reason, by a third party.
- (e) The loss suffered due to the failure by Auction Member in operating his/her equipment.
- (f) Other kinds of losses due to reasons for which it is impossible for JEN to be responsible.

Terms and Conditions for BiddingPDF

Terms and Conditions for Bidding
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