1Please refer to the Terms and Conditions for JEN AUCTION.
Terms and Conditions
(1)JEN Auction is available only to JEN’s network members.
(2)JEN Auction is held for used construction machinery traders. Membership is limited to traders who have undergone JEN’s examination, JCRA members and traders who are introduced and endorsed by other auction companies operated by manufacturers and/or traders.
(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) The following people or group of people cannot participate in JEN Auction.
②Fixers of stockholders' meetings, racketeers in disguise with propaganda or social welfare activities, swindler groups (such as in remittance fraud cases)
③Others that correspond to the items enumerated above
(2)Executing acts indicated below by Consigner himself/herself or with the help of the Third Party is prohibited.
①Violent demanding acts
②Unreasonable demanding acts
③Threatening words and deeds or acts of violence regarding the deal
④Frauds, acts of damaging JEN’s reputation by influence or acts of disturbing JEN’s businesses
⑤Others that correspond to items enumerated above
The equipment to be listed in the auction must meet the following conditions.
(1)The equipment(*) to be put up in the auction must be used construction equipment (including used vehicles and parts) owned by Consigner and is limited to the equipment that is stored in the Consigner’s Yard. Equipment commissioned in some ongoing specific work cannot be put up in the auction.
(※)The equipment to be put up in the auction must not be a stolen or lost property. There should be no remaining debt or mortgage, or no right of pledge left on the equipment. And there should be no binding condition attached to the item from either creditor or debtor so that no third party including the third party in good faith can claim any right to the item.
(2)Once Consigner has made application and entrusted the sale of the subject equipment to JEN, he/she must not
make a deal with the Third Party regarding the subject item until the auction close.
(3)"Machines damaged by accidents", "machines turned over on their sides", "machines without legible name plates",
"machines without confirmed engraved serial numbers", "inoperative machines", machines with important parts missing", "imported used construction machines",
"items such as parts that are unable to self-travel", etc. can be put up in the auction.
However, clear explanation of each of such conditions is required. Moreover, when it is difficult to take a photo of the belly pan of a vehicle,
or the frame has been corroded due to salt or snow-melting agent, or a crack has been developed, Consigner is required to inform us of such condition
without fail at the application of Auction Entry.If some discrepancy, change or defect (including hidden flaw) is found, after the successful sale,
between the actual condition of the equipment and what was described in the Condition Report (irrespective of who having done inspection originally,
Consigner or JEN), and if some form of settlement becomes necessary for the Successful Bidder, Consigner shall be responsible for all expenses incurred.
(4)In case of vehicles, if it becomes apparent that the odometer count has been changed on purpose or initially the count was intentionally undisclosed, Consigner is responsible for all the expenses regarding all complaints including resulting cancellation.
(5)Consigner is required, when necessary, to submit to JEN, prior to the auction, a photocopy set of documents such as the "Deed of Transfer", "Registration of Cancellation", or "Vehicle Inspection Certificate". Upon the successful sale of the equipment, Consigner is required to send the original of such documents to JEN.
(6)If the equipment Consigner is putting up in the Auction comes with a Recycle Ticket, he/she is requested to include the amount of the Recycle Ticket (in the Japanese Yen value) in the Starting Price for the Auction.
(7) When there is not enough fuel for transport or transfer of the entry equipment, Consigner is required to supply appropriate amount of fuel.
(8)All the entry equipment must undergo Washing before the Auction Entry.(No mud by visual inspection)
(9)Even after the successful sale in the Auction, when radiation level of more than 0.3 microsievert is detected on the equipment, it cannot be exported, therefore, the sale will be cancelled. JEN strongly recommends
that Consigner conduct prior radiation measurement and decontamination, if necessary.
(10)Consigner cannot cancel the Entry Registration after his/her equipment has been displayed on the website. When the cancellation is unavoidable under inevitable circumstances, Consigner is responsible for the damage incurred and must pay the damage compensation to JEN within five working days.
(a)Cancellation before Successful Sale
Consigner must pay, for Entry Cancellation, the same amount of the Sales Commission as in a case the equipment is sold at the Starting Price.
(b) Cancellation after Successful Sale
Consigner is totally responsible for the cancellation and must pay JEN’s Sales Commission, Penalty (10% of the Sold Price (minimum JPY100,000)), all other costs for processing the deal and compensation for all the damage.
(11)Consignment Sales Contract of equipment is made at the point when it is successfully sold in the auction.
But Consigner have to agree to cancellation the contract if there are reasonable reasons.
(12)Entry equipment needs to be kept within Japan. If Consigner wishes to put up equipment located overseas,
prior consultation is necessary.
When Consigner acts contrary to the Terms for Consigning Equipment in the Auction described above, or when any severe defects which have not been identified from photos, condition reports are discovered, Sales Contracts become subject to cancellation or may result in causing complaints, despite the following conditions:
*whether the settlement for the subject equipment is over or not;
*wherever the subject equipment may be kept (including overseas);
*under whoever the control of the subject equipment may be.
(1)Cancellation Consigner is totally responsible for the cancellation and must pay to JEN, within five working days, the necessary amount of money including sales price of the subject equipment, all charges regarding the deal and the compensation for the loss.
(2) Complaints JEN discusses with Consigner and the successful bidder respectively. Those concerned, however, are requested to agree to JEN’s final decision.
JEN reserves the right to determine, even after the acceptance of the entry application, whether or not each equipment may be put up in the Auction as well as Auction schedule.
All members are required to agree to the contents of these Terms and Conditions and fill out the JEN Auction Entry Agreement and submit it to JEN prior to the first Auction Entry Application.
Please consult with JEN’s Sales Staff, first of all, about the Auction Entry Application and how to put up equipment in JEN Auction.
(1)Pre-Auction Inspection (Preparing Condition Report) and Taking photos
①When Consigner conducts inspection himself/herself, there will be no charge. However, if the difference or change from the content shown in the Condition Report or defect (including flaw invisible from outside) is found, and the consultation becomes necessary with the successful bidder after the Auction, Consigner is responsible for all the necessary damage compensation including that for cancellation.
②When Consigner asks JEN to conduct inspection for him/her, he/she is charged with Inspection Fee. (As for Yard-Visit Inspection, consult our Sales Staff.)
(2)Entry Yard and Delivery Yard
①When Entry yard is Consigner’s Own Yard and Delivery Yard is also Consigner’s Yard:
Consigner is responsible for keeping the subject equipment appropriately until the equipment is transferred.
Settlement for the sold equipment is made at the time of or after the transfer according to the Settlement Rules.
②When Entry Yard is Consigner’s Own Yard and Delivery Yard is one of JEN’s Designated Delivery Yards (See Web):
Within one week after the successful sale in the Auction, Consigner is required to carry the subject equipment into the Designated Delivery Yard at his/her own expense. After confirmation of the Carry-in, settlement for the sold equipment is made according to the Settlement Rules.
③When both Entry Yard and Delivery Yard are JEN’s Designated Delivery Yard: Inspection of the subject equipment is made by JEN. Consigner is responsible for the Inspection Fee.
Until the equipment is successfully sold, the ownership remains under the name of Consigner. At the time of the successful sale, consigner is required to transfer the title to JEN without delay. After the change of the title, settlement for the subject equipment is made according to the Settlement Rules.
(1)JEN faxes an account statement indicating the balance after deducting the designated costs (Entry fee,
Commission, Bank Transfer Charge, Repair Work Charge, charge for attaching/detaching attachments, Inspection
Fee in place of Consigner, Trucking Charge, etc.) from the Sale Price (highest bid price) of the equipment.
(2)Consigner confirms the contents of the account statement and fills in the Consigner’s name and puts his/her seal
and sends it back to JEN’s office by Fax. This serves as Consigner’s Invoice to JEN.
(3)CWhen there is/are document(s) pertinent to the subject equipment, the payment to Consigner is made after such
document(s) has/have reached JEN. Consigner is requested to send the Original Document(s) to JEN’s office within five working days after the auction close.
(When confirmation of engraved frame serial number or engine serial number becomes necessary, the
settlement is made after the confirmation.)
✥When such abnormalities as falsification of serial number, ownership claim from a third party, or striking
difference in condition are detected, JEN may refuse the settlement for the subject equipment even after JEN has
received the Sale Price (highest bid price) from the successful bidder. Furthermore, even after the settlement,
JEN can claim the compensation (including cancellation) for damages from Consigner. Consigner is required
to send such compensation to JEN within five working days.
(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 arises, JEN and Consigner 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.
2Please refer to Fees and Charges
Entry fee and Charges
Case of Entry from Own Yard
Fees and Charges
Entry FeeJPY5,000(At the time of Successful Bid)
At the re-entry of item in the AuctionJPY2,000
when Sale Price (highest bid price) is JPY4,000,000 or less7%
over JPY4,000,000 up to JPY10,000,0006%
over over JPY10,000,0005%
Case of Entry after carrying Equipment into JEN’s Designated Delivery Yard
Fees and Charges
Entry FeeJPY5,000(At the time of Successful Bid)
At the re-entry of item in the AuctionJPY2,000
when Sale Price (highest bid price) is JPY4,000,000 or less5%
over JPY4,000,000 up to JPY10,000,0004%
over over JPY10,000,0003%
Operating Weight Under 20t and box-shaped itemsJPY10,000
Operating Weight 20t and overJPY15,000
Special Vehicles, CranesPrice on Application
Consigner shall be charged with Travel fee (actual travel costs) of JEN’s Sales Staff.
(2)Washing and Repair work Charge (in place of consigner)
JPY6,000(one mechanic/ hour)+ material expenses + travel cost
(Depending on the Designated Delivery Yard (Port))JPY200～JPY800(one day)
If you are acting on behalf if necessaryactual costs
The consultation which is JEN’s salesman when carriing in NORI YARD, please