Applicability of these Terms & Conditions
The following Terms & Conditions are applicable to all auction sales of the Equippo Group (hereafter “Equippo”), and apply to online auction transactions with all branches and subsidiaries listed below. Except in those countries where specific legislation takes priority, any purchase at any Equippo auction is considered as an online business-to-business transaction subject to contract law under the laws of Switzerland and the jurisdiction of the courts of Zug, Switzerland. The buyer agrees to enter into a contract with the respective local branch or subsidiary of Equippo deemed the selling group entity (the “Selling Entity”) by Equippo and to receive an invoice with the respective payment instructions from the local branch or subsidiary, as determined by Equippo based on legal and tax compliance requirements.
List of Selling Entities:
- Equippo AG, Grafenauweg 8, 6300 Zug, Switzerland (Headoffice), VAT Nr CHE-238.463.852
- Equippo AG, Stationsplein 45, A4.004, 3013AK, Rotterdam (Dutch Branch), VAT Nr NL823929061
- Equippo AG, Marcus Gerardstraat 1, 8380 Zeebrugge, Belgium, VAT Nr BE0711820840
- Equippo AG, Rue Meyerbeer, 75009 Paris, VAT Nr FR88830342788
- Equippo Deutschland GmbH, Ehrenbergstrasse 11, 98693 Illmenau, VAT Nr DE308696371
1. Registration and bidding
- To bid, prior online registration is required. Only professional buyers acting on behalf of a business may participate, Equippo does not allow private bidders and forbids any bidding by persons acting as consumers.
- Proof of identity is required.
- The bidder represents, warrants and confirms to be duly authorised to purchase on behalf of the participating business.
- Company identification documents or a valid VAT number are required.
- A 1000 Euro refundable deposit is payable by Credit/Debit card or bank transfer. This deposit may be waived at the sole discretion of Equippo.
- All registrations are subject to our approval prior to activation of bidding privileges.
- 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.
- 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
- 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, except for claims under the specific terms of the Money-Back-Guarantee detailed in Section 3 below. The accuracy of information provided on our website and in our catalogue in general is 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, with the exception of any lots where the “Money Back Guarantee” is explicitly mentioned in our website and the auction catalog, in which case guarantees are limited to the “Money Back Guarantee” per section 3 below.
- 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. Equippo does not allow private persons or individuals to buy, and is strictly Business-to-Business.
- The selling price (hammer price or adjudication price) is a net price, excluding buyer fees and VAT. Equippo AG’s buyer's fee is 12% of the selling price.
- As a general rule, the local VAT applicable on the day of the auction per the legislation of the country from where the goods are sold will be applied over the selling price and the buyers fee.
- Purchases must be paid by bank transfer within 5 days.
- For EU buyers located in a different country than the EU country from where goods are being sold, final billing will be done, after completion of the intracommunitary delivery, with a 0% VAT rate only upon provision of a valid intracommunitary VAT number and after providing us the complete proof of transportation after reception of the equipment (CMR mentioning the Selling Entity in Box 1, complete with S/N or other unique identifiers of the goods, signed and stamped at delivery - from Germany additionally a signed copy of our certificate of delivery). Until we have received all required papers and proceeded with final billing, the buyer remains responsible for payment of the full VAT amount.
- For non EU buyers, initial billing will be done including a VAT deposit calculated with the applicableVAT rate. A VAT rate of 0% will be applied only after providing us the complete proof of exportation (EX1/EXA and exit confirmation). The VAT deposit will subsequently be refunded in full. Equippo may waive the VAT deposit if buyers use an approved shipping company.
- For buyers from the EU country where the goods are being sold from, the applicable VAT rate will be charged.
3. Money Back Guarantee
The procedure detailed in this Section 3 shall be known as the "Money Back Guarantee Procedure".
For any equipment where the “Money Back Guarantee” is indicated in our website and auction catalog, Equippo herewith agrees to cancel the binding purchase of said Equipment (in each case the “Refund Equipment”) only if the following conditions are explicitly met in full (the “Return Conditions”):
- 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 yard (the "Return Location");
- 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;
- 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;
- 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");
- after inspection by a representative of Equippo at the Return Location, to ensure the Quality Condition is satisfied;
- a written approval (for which an email shall be sufficient) from Equippo to the Buyer that the Quality Condition has been satisfied;
- 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;
- 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;
- 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 Equippo as payment of the Purchase Price for the Refund Equipment (in each case the "Funds") will only be returned to the Buyer after the Refund Equipment is back in Equippo’s actual possession. In every event where Equippo agrees to cancel a contract after the Refund Conditions have been satisfied, Equippo will pay back 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 Equippo at that time, or as applicable, by cancellation or return of other payment instruments, such as letters of credit or bank guarantees if these were used for payment of the original Refund Equipment purchase.
4. Equipment pick-up and loading
- Purchases can only be picked-up after receipt of the bank transfer by Equippo AG. No cash accepted.
- 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.
- Opening hours are from 09.00 to 17.00 Monday to Friday.
- Purchases must be picked-up within 21 calendar days after the auction date. Overtime on the yards of Equippo can be charged 15 Euro storage fees per lot per day.
- For pick up, a 10 tonne Forklift and a concrete loading ramp are available.
- 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.
- Equippo staff reserves itself the right to decline loading in case of unsuitable transportation or any safety endangerment for the people or the equipment.
- 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
- The auction is conducted under the laws of Belgium and under the supervision of an authorised and competent notary or bailiff, who is responsible for compiling a public auction statement (procès verbal).
- The sole applicable Jurisdiction is at the court of Bruges, Belgium.