Terms and Conditions for Bidding

1Qualification
  • (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.

2ID and Password
  • (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.

3Elimination of Antisocial Group
  • (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
4Warranty
  • (1)

    Every item is sold "AS IS/WHERE IS."

  • (2)

    The Condition Report merely shows the results of the assessment of the equipment made according to our standard rules. Please note that the contents of the report do not guarantee the condition including the hours of operation. If you have any questions, be sure to ask us prior to Bidding.

  • (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.

5Cancellation of Bidding
  • 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))

6Right to Notify the Ineffectiveness of Bidding / Right to Cancel Contract and Treatment of Complaints
  • (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:

      -Example-

    • (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
  • (2)

    Treatment of Complaints
    JEN will discuss, with the Consignor when necessary, the inappropriateness of the Condition Report or defects found on the purchased equipment after the Auction, however, Bidder is requested to agree to JEN’s final decision.

7Contract
  • 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.

8Terms of Payment
  • (1)

    Within One Week after the Auction
    The Successful Bidder shall complete the payment including the equipment price, Contract Fee, Carryout 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.

9Delayed Payment and Cancellation
  • (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 Late Fee 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 Late Fee described in (1) above.
10Other Fees and Charges
  • (1)

    Contract Fee
    Contract Fee of JPY10,000 / item is chargeable on every purchased equipment."

  • (2)

    Carryout Charge
    "Every item is chargeable with Carryout Charge, when the Delivery Yard is OTHER than “NORI Yard.”
    The Carryout Charge is indicated at the “Feature” on the Entry Items List."
    (Note: When the purchased item is directly exported from the Delivery Yard at the port, Carryout Charge is not required.)

  • (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 is free basically for the period of three weeks after the Auction, and when the Carry-Out of the item is done after that despite whatever reason, Storage Fee of JPY200—JPY800 is required daily per item (except for special and large-sized equipment with other specific amount of charge).

    Parts/ Attachment JPY300/Day
    Box type Equipment (large size is removed) JPY/400/Day
    Operating weight 5t less JPY400/Day
    Operating weight 5t up to 20t less JPY500/Day
    Operating weight 20t or over JPY600/Day ~
  • (5)

    Inland Trucking Charge
    When Successful Bidder is an Overseas Auction Member, please note that there are cases that purchased item must be transported from the Machine Owner’s Yard or JEN-designated-Non-Port Delivery Yard to Forwarder’s Yard for exportation. In such case the Successful Bidder must pay the cost of such Inland Trucking.

  • (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
    When Successful Bidder needs to carry out his/her purchased Equipment inevitably, although he/she failed to notify JEN about the Carry-Out by the previous day, he/she may do Carry-Out but with the payment of an Extra Work Charge of JPY5,000.

11Carry-Out from the Delivery Yard

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 the Auction Day. If Carry-Out is not executed by the above deadline, the Storage Fee (See 10-(4)) is chargeable on the Successful Bidder.

  • (2)

    In case that the Equipment is will COMMING the Delivery Yard at the time of Auction Entry:
    The Equipment purchased by the Successful Bidder will arrive in JEN's Designated Delivery Yard within One Week. The Successful Bidder is requested to carry out his/her equipment within three weeks from the Auction Day including the period neccesary for its transport into the Delivery Yard. If Carry-Out is not executed by the above deadline, the Storage Fee. (See 9-(d)) is chargeable on the Successful Bidder.

  • (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 the Auction Close, 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 three weeks from the Auction Day 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 give JEN an advance notice, by the previous day of the Carry-Out, about the date/time, and transport company name of the purchased item. When there is NO such advance notice or permission, the purchased equipment CANNOT be carried out.

  • (5)

    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.

  • (6)

    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.
  • (7)

    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.
12Governing Law and Revision
  • (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.

13Indemnity in JEN Auction Service
  • (1)

    The content of JEN Auction Service is limited to what JEN can offer at any point of time, and JEN shall not be responsible for the completeness, correctness, applicability nor usefulness of the data, etc. kept by a third party.

  • (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.