Terms and Conditions for Entry of Equipment

The following Terms and Conditions contains the rules of Entry in 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 shall not influence on interpretation of these Terms and Conditions.

1Eligibility to participate in the Auction
  • (1)

    This Auction is open to the public, but only Members can participate. Member registration is required for Entry units on auction.

  • (2)

    This Auction manage only the companies specialized on used construction equipment. Consignor 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 instructions of JEN Auction, ever if Member claim JEN Auction as responsible Party.

  • (3)

    Membership is available to Traders who past the verification of JEN. Trader should have Invoice registered number and introduction from another used equipment trader, manufacture or trader who manage auction specialized on construction equipment.

  • (4)

    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).

  • (5)

    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.
3Terms for Entry the Equipment in the Auction

The Entry unit must comply with the terms and conditions as below.

  • (1)

    The ownership rights of Entry equipment (including used vehicles and parts) must belong to Consignor, also the equipment must be stored in the Consignor’s yard. The equipment in use or equipment in sale negotiation are not available for Entry on auction.
    The equipment to be put up in the auction must not be a stolen or lost property, should not have remaining interests of third party such as debts, mortgage, pledges. Also, the Entry equipment should have any restrictions or restraints according to law of obligations, and should not be subject of any discussion about ownership rights with third party(including good faith).

  • (2)

    From unit's registration to auction close, the Consignor should not make any other sale negotiations about Entry equipment entrusted to JEN.
    The Entry equipment that has been publicly appeared on Jen auction web page, can't be removed. If Consignor need to remove the equipment due to unpredictable situation, Consignor should complete the payment of compensation to JEN within 5 days.

  • (3)

    ”Machines damaged in accident”, “machines turned over”, "terrible oil leakage", "not available for washing", "machines without legible name plates”, “machines without confirmed engraved serial numbers”, “immovable machines”, "machines with important missing parts”, “imported used construction machines(used overseas records)”, etc. can be put up on the auction. However, clear explanation is required. Please ask an advice in our person in charge(not all Entry yards and Delivery yards are available for such units). Also, concerning the vehicles, Consignor should inspect by themselves and should be sure to inform before Entry such information as "difficult to take a photo", "frame has been corroded due to salt or snow melting substance or expended crack", etc, even if the inspection was entrusted to JEN.
    After successful bid, if any discrepancies, changes, and defects (including hidden defects) are detected and any arrangement with Buyer are occurred, all expenses for compensations shall be borne by Consignor.

  • (4)

    "Model/Serial number/Production number", "Maker", "Manufacture year", "Meter reads (Hour meter)" are displayed on auction in accordance with data registered by the Consignor before the auction. If the lie was found and caused big complaint from Buyer or Third Party after successful bid, the Consignor should follow the instruction of JEN concerning cancelation and compensation.
    If you are not sure in information of "Serial Number", "Meter reads (Hour meter)" or other content of registration, please kindly contact with JEN CORP before registration.
    But concerning "Meter reads (Hour meter)" we shall notice in "Feature & Comment" that Hour meter is wrong, if we detect a discrepancy of registered content or records of repairing from information of other auction before the Entry.
    Also, in case when the unit was purchased from other auction, if we detect that the Consignor intentionally changed "Hour", we delete the unit from auction list and put the name of Consignor in Black List at homepage of JEN CORP.

  • (5)

    Consignor shall provide, if necessary, copy of set of documents such as the “Deed of Transfer”, “Registration of Cancellation”, or “Vehicle Inspection Certificate” before Entry. After successful bid, Consignor shell send the original of such documents to JEN.

  • (6)

    If Consignor have Recycle Ticket of vehicle registered for Entry, recycle charge shall be included in Start Price.

  • (7)

    If there is not enough fuel for transportation or replacing of the Entry equipment, Consignor shall provide necessary amount of fuel.

  • (8)

    All the Entry equipment must be washed before Entry on auction.
    undergo Washing before the Auction Entry(should not be dirt by visual inspection even on shoe links). In case, if there is no availability to wash unit before Entry, JEN shall arrange a washing at Delivery Location after successful bid. All charge and expanses shall be borne by Consignor.

  • (9)

    The units with high level of radiation (more than 0.3 Micro-sievert) are available for Entry, but level of radiation with maximum values must be reported in advance. As a rule, the sale of units with high level of radiation is available only for domestic sale. If the overseas Buyer made a bid for item with high level of radiation, decision of cancellation shall be discussed and finally the Buyer should follow the instruction of JEN. If the item was consigned without previous report of high level radiation, the deal shall be canceled. Regardless the reason all charges and damage shall be borne by Consignor.

  • (10)

    Entry equipment shall be located in Japan. If Consignor desire to enter equipment located overseas, prior consultation is required.

4Auction Entry permission and right to adjust the Entry schedule
  • (1)

    JEN have a right to remove Entry or change Entry schedule by their own, even after the acceptance of the Entry application, and do not have obligation to explain the reason.

5Procedure for Entry equipment on auction and entry yard

Please consult with JEN’s Sales Staff, first of all, about Procedure for Entry equipment on auction and entry yard

  • (1)

    Please enter equipment on auction after washing(should not be dirt by visual inspection even on shoe links). In case, if the dirt is detected after entering in delivery location, all washing charge shall be borne by Consignor.

  • (2)

    Inspection and photos

    • a )If you request JEN to inspect and take photos: Inspection Charge(from JPY10,000) shall billed.
    • b )If Consignor prepared the inspection and photos by themselves: free (in case of reinspection at Carry-out location after successful bid, Reinspection Charge(from JPY10,000) shall billed).
      *Please register the unit in Auction Entry Application from JEN home page.
      *Please check on JEN homepage how to take and prepare photos.
      Please be sure to check the content, photos, and condition report of lot after appearing the unit on auction page.
      The Consignor bears whole responsibility for any trouble occurred due to entry mistake, missing information or missing photos.
      If any penalties or fines are billed to Consignor, Consignor should follow the instruction of JEN.
  • (3)

    Entry yard
    Depending on yard, the rules are different. Please contact with JEN about details.

    • a ) Entry from Consignors yard
      ・ After successful bid, carry in Consignors yard
      ・ After successful bid, carry in NORI yard(Narita/Kobe/Kikugawa)
      ・ After successful bidt, carry in location decided by JEN
    • b )Entry from NORI yard
      ・Entry after carry in NORI yard(Narita/Kobe/Kikugawa)
      Carry into Narita yard is acceptable only for units that shall be sell soon by low price or for units prepared for sale at Nori Parade.
    • c )Entry from location decided by JEN
      ・Entry after carry in location decided by JEN
      "Main JEN yards"
      Hokkaido: HSK(Tomakomai), Transwork(Tomakomai), Kuribayashi-shokai(Tomakomai)
      Kyusyu: Ulsa(Fukuoka), Sankyu(Hakata), Kamigumi(Hakata)
      Kanto: Seiwa(Chikusei)
  • (1)

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

7Sales Commission and Charges

7-1.Entry fee

  • (1)

    Auction Entry Fee JPY10,000
    These fee shall be billed after successful bid.

  • (2)

    Re-entry charge JPY2,000 per one lot.
    These charge will be billed in any case as for successful bid so for unsold unit.

  • (3)

    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%

7-2.Other Fee

  • (1)

    Inspection Fee
    Operating Weight is less than 20t and box-shaped unit: JPY10,000
    Operating Weight 20t and more: JPY15,000
    Vehicles, Cranes: need consultation
    *Bussines Trip Fee shall be required additionaly.

  • (2)

    Washing Fee and Repair Charge (on site of consignor)
    6,000yen/1 hour per one worker + expenses for parts + Bussines Trip Fee

  • (3)

    Parking Charge
    Regarding the units carried into all Jen & Nori yard before sale, from date of Carry-in to date of auction successful bid, Storage Fee shall be billed.

    Parking Charge
    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

    Free Time:

    • a) JEN Forwarder’s yard: no
    • b) Nori Narita yard: 60 days after Carry-in
    • c) Nori Kobe yard: 20 days after Carry-in

    ※In case of severel units by set for one lot, Storage Fee shall be applicable for each unit separately. But if the set will be packed on pallet, the set shall be applicable as one unit.
    ※Please do not use the yard for storage for a long time, use it only for short storage period before sell.

  • (4)

    Releasing Charge
    If Consignor carried his equipment into a Forwarder’s Yard by the name registry of JEN before Sale and carried out his equipment due to some necessity, Releasing Charge (JPY5,000~JPY30,000) will be required.

    Shipping Forwarder’s Yards require Releasing Charge
  • (5)

    The extra charge shall be required for any work, service and support required during Carry-in and Carry-out. Please contact with JEN Corp to check these extra fee.

8Payment to Consignor

Invoice Registration Number:T2010701017050

  • (1)

    JEN send account statement to Consignor by email. Miscellaneous expenses shall be deducted from successful bid amount such as entry fee, commission, extra repairing charge, charge for additional parts, installation and disassembly charge, inspection fee, trucking charge, etc. If there is no objection, we will pay within 7 days from the next day of date of successful bid.

  • (2)

    Payment rules of entry location (Entry yard and Delivery yard)

    • a )If entry from Consignors yard and Delivery yard is the same as Consignors yard : within 1 week after successful bid.
    • b )If entry from Consignors yard and Delivery yard is JEN Forwarder’s yard: within 3 days after Carry-in.
    • c )If entry from JEN Forwarder’s yard: within 3 days after changing the name registry.
    • ※If equipment have additional documentation, the payment shall be transferred after arriving original documentation to JEN. Please send them by courier to JEN within 5 working days after date of successful bid.

9Carry out
  • (1)

    Entry yard

    • a )Entry from Consignors yard
        ・After successful bid, Carry out Consignors yard *Note1)
        ・After successful bid, Carry in NORI yard(Narita/Kobe/Kikugawa) *Note2)
        ・After successful bid, Carry in JEN Forwarder's yard *Note2)
        *Note1) Consignor takes a responsibility for equipment until carrying out from Consignors yard and guarantee the same condition as it was during exhibiting.
        Also, Consignor take whole responsibility for unit until loading on truck. But Consignor have right to refuse the Carry-out in cases as below:
      • ◎ if trucking company came by truck or trailer used in violation of the laws or it has a safety problem.
      • ◎ if trucking company don't use fleet vehicle(green numbers)
        In these situations, please contact with JEN.
      *Note2) Please carry-in the unit within 1 week after successful bid.
      All expenses concerning entry occurred after successful bid shall be borne by Consignor.
      Also, please inform us about Carry-in of equipment to yard at least two days in advance.
    • b )Entry from NORI yard(Narita, Kobe, Kikugawa)
      After successful bid, please change the name registry to JEN as soon as possible.
    • c )Entry from JEN Forwarder’s yard
      After successful bid, please change the name registry to JEN as soon as possible.
    • *Depending on yard, the rules are different. Please contact with JEN about details.

10Penalty and fines billed to Consignor

After adjudication, the payment should be completed to JEN within 5 working days.

  • (1)

    Cancelation of Entry due to Consignor's personal reasons.

    • a )Cancelation of Entry before successful bid
      Cancel fee is calculated on condition as the unit could be sold for start price.
    • b )Cancelation of Entry after successful bid
      Cancel fee includes whole entry commission + Penalty(10% of purchase price(minimum JPY100,000)). Also, if any additional expenses have been occurred, they shall be borne by Consignor.
  • (2)

    Complaint after successful bid
    Even after successful bid, if any discrepancies, changes or defects (including hidden defects) have been detected, Consignor shall follow the instructions of JEN concerning expenses for compensation under discussing with Buyer.

  • (3)

    Complaint after Carry-out
    If "Terms and Conditions for Entry of Equipment" were violated, we will enter in negotiation with Buyer even after Carry-out. But Consignor should follow the instruction of JEN.

11Negotiation on unsold equipment and Re-Entry on Auction
  • (1)

    About negotiation on unsold equipment
    Negotiation on unsold unit after auction shall start after receiving offer from The Buyer.
    The concluded deal shall be proceeded in accordance with the rules of JEN auction on the same condition as the unit should be sold on auction.

  • (2)

    About Re-Entry on Auction
    If Consignor re-enter unsold equipment, JEN shall bill Re-Entry Fee JPY2,000

12Governing Law and Revision
  • (1)

    Member cannot transfer or loan the rights and duties to Third Party.

  • (2)

    JEN reserves the right to refuse the Entry of Member who shall 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 Entry rules 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.

13Indemnity in JEN Auction Service
  • (1)

    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.

  • (2)

    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.

  • (3)

    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.

  • (4)

    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.