Auction Terms & Conditions of Parcs Enchères SAS for auctions conducted for Equippo

Preamble

  1. The auction is organised by Equippo and legally conducted by Parcs Enchères SAS (“Parcs Enchères”) for Equippo, together acting as the “Organiser”.
  2. Purchases and sales are conducted under the legal responsibility of a certified auctioneer of Parc Enchères.
  3. Parcs Enchères has an agreement with Equippo whereby Equippo is authorised to manage bidder approvals, the auction system, bidder and seller communication and the electronic transmission of provisional buyer and seller statements.

1. Registration and bidding

  1. To bid, prior online registration is required. Only professional buyers acting on behalf of a business may participate, the Organiser does not allow private bidders and forbids any bidding by persons acting as consumers.
  2. A copy of an official ID is required.
  3. Company identification documents or a valid VAT number are required.
  4. Bidder registration is managed exclusively by Equippo.
  5. All registrations are subject to Equippo’s approval prior to activation of bidding privileges.
  6. All bids are binding and cannot be retracted once placed and considered by our auction system. Pre-bids can be modified until the auction on a specific lot starts.
  7. Some lots may have minimum prices, or reserve prices, as agreed with the owner. When a reserve price is not met, our system will display a “provisional sale” message and the sale is provisional, not final, and subject to confirmation by the owner, the high bidder having priority.

2. Purchasing conditions and payments

  1. An exposition will take place before the auction, giving the bidders the opportunity to see and check the equipment. No after-sale complaints on the condition will be accepted. The accuracy of any Information provided on our website and in our catalogue is not guaranteed, pursuant to decree N ° 2000-576 of 28/06/2000, kilometer or hour readings are not guaranteed. Material information, specifically years of manufacturing, is represented accurately to the best of our knowledge, and complaints on such material points will be considered. All equipment is sold as is with no guarantees. For claims under the specific terms of the Money-Back-Guarantee detailed in Section 3, see below.
  2. All buyers, deemed professional buyers by virtue of their registration, are responsible to ensure the safety for use and compliance with all regulations for any equipment purchased.
  3. The selling price (hammer price or adjudication price) is a net price, excluding buyer fees and VAT. The Organiser’s buyers fee is 12.0% of the selling price (“legal costs”).
  4. 20% French VAT is applied over the selling price and the buyers fee.
  5. Purchases must be paid by bank transfer within 5 days.
  6. For EU buyers, billing will be done with a 0% VAT rate upon provision of a valid intracom VAT number and after providing us the complete proof of transportation or exportation showing reception of the equipment outside of France (CMR or EX1).
  7. For non EU buyers, initial billing will be done with a 20% VAT deposit. A VAT rate of 0% will be applied after providing us the complete proof of exportation (EX1/EXA and exit confirmation) and the VAT deposit subsequently refunded in full.
  8. For buyers from France, the VAT rate of 20% will be charged for lots sold from France.

3. Money Back Guarantee

The procedure detailed in this Section 3 shall be known as the "Money Back Guarantee Procedure". This Money Back Guarantee is offered by Equippo, not by Parcs Enchères SAS, and is therefore only subsequently made available to Buyers by Equippo, independently of the auction sale conducted previously by Parcs Enchères SAS.

For any equipment where the “Money Back Guarantee” is indicated in our website and auction catalog, Equippo herewith agrees to purchase back said Equipment (in each case the “Refund Equipment”) previously sold by Parcs Enchères SAS to the Buyer only if the following conditions are explicitly met in full (the “Return Conditions”):

  1. Provided that the Buyer has paid and received the Refund Equipment at his premises and tested the Refund Equipment after receipt, and subsequently returned the Refund Equipment to Equippo’s same yard (the "Return Location").
  2. Provided that the Buyer provides Equippo with a written notice that it wants to cancel the contract within five Business Days from the first unloading of the Refund Equipment at the Buyer’s jobsite or business place (the "Money Back Guarantee Period"), but in no case later than 20 Business Days from the arrival of the vessel.
  3. Before operating the Refund Equipment, the Buyer is responsible to ensure the Refund Equipment is safe and ready for use; this specifically includes verification of sufficient fluid levels and the fluids and filter condition.
  4. The Refund Equipment is cleaned by the Buyer and returned to Equippo in exactly the same condition as it was when initially delivered to the Buyer, including without limitation, with regards to quality and functionality (the "Quality Condition").
  5. After inspection by a representative of Equippo at the Return Location, to ensure the Quality Condition is satisfied.
  6. A written approval (for which an email shall be sufficient) from Equippo to the Buyer that the Quality Condition has been satisfied.
  7. The Buyer’s full cooperation in carrying out any actions necessary to enable the full transfer of ownership of the Refund Equipment from the Buyer back to Equippo.
  8. No unreasonable delay caused by the Buyer (including without limitation through your non-responsiveness to Equippo’s communication attempts, and lack of cooperation) in the return of Refund Equipment to the Return Location, or anything else necessary to carry out the Money Back Guarantee Procedure.
  9. The transport from Equippo’s yard to the buyer’s facilities as well as the transport back are both at the charge of the buyer.

The Parties agree, that any funds the Buyer has paid to Parcs Enchères SAS as payment of the net (hors taxes) Purchase Price for the Refund Equipment (in each case the "Funds") will determine the net (hors taxes) price at which Equippo will purchase back the Refund Equipment, payable in any case only after the Refund Equipment is back in Equippo’s actual possession. In every event where Equippo agrees to purchase back the Refund Equipment after the Refund Conditions have been satisfied, Equippo will pay the Funds to the Buyer by bank transfer within 10 Business Days of gaining possession of the Refund Equipment, as far as the purchase price has been fully received by Parcs Enchères SAS at that time.

4. Equipment pick-up and loading

  1. Purchases can only be picked-up after receipt of the bank transfer by PARC ENCHÈRES. No cash accepted.
  2. Our bidders are encouraged to communicate the date on which they will pick-up their purchases, pick-ups on appointment will receive priority at Equippo’s yard.
  3. Opening hours are from 09.00 to 17.00 Monday to Friday.
  4. Purchases must be picked-up within 21 calendar days after the auction date. Overtime can be charged 15 Euro storage fees per lot per day.
  5. For pick up, an 8 tonne Forklift and a concrete loading ramp are available.
  6. Equippo staff can help with loading but won’t be responsible for any damages. Therefore, you are highly advised to hire transporters with experience in loading.
  7. Equippo staff reserves itself the right to decline loading in case of unsuitable transportation or any safety endangerment for the people or the equipment.
  8. Only official and complete CMR documents signed by all parties are accepted as proof of transportation, therefore cross-border transportation is only permitted by professional transport companies.

5. Other terms and conditions

  1. The sole applicable Jurisdiction is at the courts responsible for Aubagne, France.
  2. The transfer of ownership takes effect when the auctioneer signs the final public auction statement, and is confirmed by a stamped confirmation subsequently provided to the buyer. Any confirmed sale is firm and final, the customer becomes the owner of the equipment, the sale is irrevocable and cannot in any case be canceled afterwards.
  3. ADMINISTRATIVE GUARANTEES Each equipment item put up for sale is free from any administrative constraints and sold with clear title and without pledge: For titled, registered vehicles only, the registration card is available after the auction, within 20 working days, and a certificate of sale is provided on request.
  4. VEHICLE TECHNICAL CONTROLS A regulatory technical control is systematically conducted for registered vehicles with a license plate prior to the auction.
  5. LEGAL GUARANTEES Our auctions are overseen by a licensed auctioneer drawing up an auction statement for each sale. The auctioneer guarantees the operation, the validity and the transparency of each transaction, by virtue of his quality as an agent. It thus ensures the transfer of ownership of vehicles between the seller and the buyer with complete peace of mind. Parc Enchères is approved by the French Auctioneers Sales Council which gives us legal legitimacy in compliance with the laws and regulations in force, including the ethical guarantees imposed on voluntary auction operators by the Sales Council.
  6. Any sale is final and cannot be canceled.
  7. Under current legislation, public auctions are explicitly excluded from legislation covering the right of withdrawal by ordinance 2001-741 of August 23, 2001 (art. 121-17 of the consumer code). Therefore each auction is final; it is the auction and not the payment that validates the purchase. Any default by the purchaser results in the loss of the corresponding deposit. The successful buyer who refuses to fulfill his obligations will be liable to legal proceedings and / or his immediate and final exclusion from public auctions notified by administrative decision.