Internationella företag

2022-05-02

General Terms and Conditions for Legal Entities.

Maskinera AB (559337-3854), is a privately owned Auction company that provides Auction Services for mainly Municipalities, Businesses and Finance companies.

1. Scope

These general Terms and Conditions and Conditions for Legal Entities ("Terms and Conditions") apply when Maskinera AB ("Maskinera") provides online auction services (the "Online Auction Service") via the Maskinera.se platform to Legal Entities (the "Buyer"). On the platform Swedish Auction Objects ("Auction Objects") are offered to the highest bidder. By registering a customer user account for a legal entity ("Customer user account"), the customer (the "Buyer") enters into an agreement with Maskinera for the right to use the Online Auction Service in accordance with these Terms and Conditions. Buyers who register a user account certify upon registration that they have read the Terms and Conditions and undertake to comply with them.

The parties covered by the Terms and Conditions are Buyers, Sellers and Maskinera (“Part”).

2. Seller

("Sellers") are the clients who have commissioned Maskinera to broker an Auction Object. It is always the Seller who is responsible for the Auction Objects. Maskinera is only an intermediary party and does not act as owner or Seller of Auction Objects. Maskinera will not be the exporter of an Auction object. Change of ownership for Auction Objects registered with the Swedish Transport Agency is the Seller's responsibility.

3. Buyer

To participate in an Auction the Buyer register on Maskinera.se. Swedish and foreign Legal Entities can register as Buyers. To participate in an auction, the Buyer must accept Maskinera's Terms and Conditions.

The Buyer must provide correct company information, address and personal information of the Buyer’s contact person, this must be a natural person who is at least 18 years old and must have the authority to represent the Buyer and keep the company information updated.

It may take a few hours before the registration has been reviewed and approved. Registering an account in a fake name or someone else's name can lead to legal consequences. If Maskinera suspects that a Buyer is abusing an account, does not fulfill the provisions of the Terms and Conditions or does not follow the Terms and Conditions, Maskinera has the right to block the Buyer on Maskinera.se. Maskinera handles all the Buyer's personal data in accordance with the General Data Protection regulation (GDPR), dated 25 May 2018. When the Buyer registers on Maskinera.se, the Buyer gives Maskinera permission to use the Buyer's data to fulfill its obligations to Buyers and Sellers. See our Privacy Policy for more information LINK.

4. The online auction service

Maskinera gives the Customer the right to use the Online Auction Service provided that the Customer fully complies with what is stated in these Terms and Conditions and fulfill all payment obligations. All Auction items on Maskinera.se are sold at auction. Bids can be placed at all hours on the ongoing auctions. Each auction ends at the specific time, but is extended by approximately three minutes if a new bid is placed within three minutes before the published end of auction. Within 72 hours after the close of an auction, Maskinera will contact the Buyer with the winning bid by e-mail or telephone. A sent invoice is considered to be a contact.

5. Bidding

All bids are binding and cannot be revoked by Buyer. This applies even if the bid does not reach the reservation price at the end of the auction.

If the reservation price has not been reached, the Customer's bid is binding for two working days after the end of the auction. The Buyer undertakes to be available to Maskineras staff during this period. To participate in bidding, it is required that the Buyer has been assigned an ID, a customer number, and has approved the Terms and Conditions. Participating in a bidding on the Buyers own Auction Objects is not permitted, nor is placing bids via agents or other representatives. When two equal bids are placed, the first placed bid wins. In the event of technical problems, auctions can be extended until the disruptions have ceased. Maskinera have the right to decline sales and disregard bids throughout the auction process. Maskinera has the right to decide whether an auction should be cancelled and re-started due to technical problems, typos or for other reasons. An auction-fee is always added to the winning bid.

6. Reservation price

Reservation price is the pre-determined minimum final price that the Seller must accept. The Auction object's auction page shows whether the reservation price has been reached or not. When the auction has been finalized, the Seller has the right to accept the highest bid even if the reservation price has not been reached.

7. Fees

An Auction-fee is always added to the winning bid. The Buyer is always obliged to pay the Auction-fee even if the purchase of the relevant Auction Item for some reason is not completed by the Buyer. Unless otherwise stated, VAT will be added to the price of the Auction Object and the Auction-fee.

8. Invoicing and payment

When a Buyer has won an Auction by placing the highest bid, and the reservation price has been reached, an invoice is sent to the Buyer via e-mail. The invoice has seven-days payment terms. In the event of non-payment, Maskinera has the right to require that the purchase be completed by the Buyer and to charge a fee and default interest.

9. Approval of Auction Object

All Auction items on Maskinera.se are sold in current condition. Deficiencies and faults can occur as the Auction Objects are often used Maskinera or vehicles. As a Buyer, you have a far-reaching duty to investigate the condition of the Auction Object. This means that when collecting the Auction Object, the Buyer must examine and approve the Auction Object's condition in relation to the auction documentation. Normally, physical viewings of the Auction Objects are not offered during the ongoing auction (if an exception is made, this will be stated in the auction documentation). The Seller is not responsible for errors that are discovered by the Buyer after collection. If the Buyer uses a freight forwarder or agent to collection the Auction Item, it is considered approved by the Buyer when the Auction Item leaves the collection location. The Seller is not responsible for errors that occur after collection. Neither the Seller nor Maskinera is responsible for errors on Auction Objects or property sold by bankruptcy trustees or in other forced sales.

Upon collection, the code on your collection instructions must be submitted to the Seller and the delivery receipt must be signed by the Seller. Note that the collection instruction has Maskinera as the document sender.

10. Defective object / Spare parts object

If an Auction Object is described as a malfunctioning object in the auction documentation, it has not undergone a complete inspection or tests by the Seller or Maskinera. The auction item may be missing parts or have more errors than those described in the auction documentation. Malfunctioning objects cannot be reclaimed. Defective items also include cars and light trucks with an estimated value of less than SEK 40,000.

A spare part object is an auction object where vital parts may be missing, spare part objects cannot be reclaimed.

11. Warranty

No product warranties are given on purchased Auction Objects.

12. Collection

Before the winning Buyer can collection the Auction Item, the invoice received by the Buyer must be registered as paid with Maskinera. Once the payment has been registered, the Buyer receives a collection instruction with contact information of the Seller and a collection code (sent via e-mail). The Buyer contacts the Seller and they agree on a collection time that suits both parties. In case of any questions, Maskineras Customer Service is available during office hours by phone and e-mail. Unless otherwise stated, you as the Buyer are responsible for picking up, loading and any dissasembly of the Auction Item.

When taking ownership of the Auction Object, the Buyer shall state the collection code to the Seller. The collection code serves as confirmation and signature that the Auction Item has been received by the Buyer. As a Buyer, after the auction has ended, you have 15 days to collection the Auction Item. If an Auction item has not been picked up within 15 days after the auction has ended, Maskinera has the right to charge a fee of minimum SEK 500 (excluding VAT) per started week. If the Seller cannot give the Buyer the opportunity to collection the Auction Item within 15 days, the Buyer has the right to either demand fulfillment or cancelation of the purchase. The Seller is not obligated to fulfill the purchase if there is an insurmountable obstacle or if the fulfillment would involve sacrifices that are not reasonable with regard to the Buyer's interest in the Seller completing the purchase. In the event of a justified cancellation, the Buyer is entitled to a refund of the amount paid to Maskinera. The Buyer is always obliged to take reasonable measures to prevent, deter or limit loss or damage. Sellers are not responsible for Auction Objects that are not picked up on time. For Auction Items that have not been picked up by the Buyer or its agents within 30 working days (or another period of time specified in the auction documentation), the Seller has the right to cancel the purchase through Maskinera and re-enter the Auction Item for sale. The Seller and Maskinera have the right to deduct compensation from the funds received for costs related to the cancellation and for other losses. If the sales price does not cover the Seller's and / or Maskineras damages and costs for resale, the Buyer shall reimburse the difference. If the item cannot be sold or if the price would not cover the costs of a sale, the Seller and Maskinera may scrap / recycle / throw away the Auction Item. Before this happens, the Buyer must be notified on the latest known contact information.

13. EU sales and exports

Buyers in a country outside the EU always pay Swedish VAT on Auction Objects. Upon presentation of a valid VAT number, the Buyer is given the opportunity to have the VAT amount refunded. To be able to exempt sales from Swedish VAT, the goods must be exported to another EU country. The Buyer is responsible for exporting the product out of Sweden. The Buyer must present a written proof of export. It must state information such as the date of issue, the Buyer's name and address, the quantity and nature of the goods and the date and place of arrival of the goods. When transportation is made by means of road vehicle, the vehicle's registration number must be stated. The Buyer will receive the VAT refund after the export certificate has been sent to Maskinera, however, the export certificate must be recived by Maskinera no later then (10) days after collection of the Auction Item. If this time limit is exceeded, Maskinera will not refund the VAT. The Buyer must provide Maskinera with the IBAN, account number, SWIFT address and the account owner's correct name at the time of collection of the Auction Item. If it is a person other than the Buyer who picks up the Auction Object, this person must also present a valid ID document.

14. Right of withdrawal

As a Buyer you have no right of withdrawal when bidding or when winning bids. All bids are binding.

15. Complaint

If the Buyer wishes to complain about an Auction Item, the Buyer must contact Maskinera via info@maskinera.se

Maskinera only provides the Auction services for Auction Objects and is therefore not a party to a complaint. Maskinera can receive and mediate complaints regarding errors on Auction Objects. Maskinera can also act as an intermediate between Buyers and Sellers in order to reach an agreement. Maskinera is not a legal representative of the Seller. Complaints must be made before the Buyer has transported the Auction Object from the Seller's collection point. Maskinera and the Seller must always be notified before any repair is carried out. Any cost proposals for repair must be approved by Maskinera and the Seller in advance. The Buyer is not entitled to compensation if the repair is carried out before approval has been given. In the event of a complaint, the Seller or Maskinera will not compensate for direct or indirect losses.

16. Limitation of liability

Maskineras liability towards the Buyer is always limited to price deductions or at the most refund of the sales price including commission and VAT. A party is in no case liable for indirect damage that the other party may suffer unless the party has committed a breach of contract or through intentional gross negligence. If a Party is guilty of a material breach of contract, the other party has the right to terminate the Agreement with immediate effect. The Buyer is obliged to indemnify Maskinera from any claim that another user or third party may make against Maskinera as a result of the Buyer's use of Maskinera.se or the Online Auction Service.

Maskinera does not guarantee that Maskinera.se or the Online Auction Service will function without interruption or error. It may happen that Maskinera.se or the Online Auction Service is disabled due to maintenance, updates, technical improvements or to develop its content and / or layout. Maskinera undertakes to inform the Buyer as far as possible before maintenance work and updates take place.

Maskinera reserves the right to make typographical errors and does not guarantee that images represent an exact representation of the Auction Objects.

17. Changes

Maskinera has the right to change the content of the Online Auction Service and on Maskinera.se without obtaining the Buyer's approval. Maskinera reserves the right to at times change these Terms and Conditions. Maskinera will notify the Buyer of changes in the Terms and Conditions via a notice on Maskinera.se or in any other way that Maskinera deems appropriate.

18. Force Majeure

A Party is released from sanction for failure to fulfill its obligations under the Agreement, if the failure is due to circumstances beyond the Party's control and which the Party could not or should not have foreseen or reasonably taken into account at the time of the Agreement, e.g. war, civil war, fire, flood, widespread public disease, epidemic, pandemic, disruption of public communications, disruption of public energy supply or similar circumstances. If the fulfillment of the Agreement is substantially prevented for a longer period than one (1) month due to a circumstance as described above, the Party has the right to terminate the Agreement in writing with immediate effect.

19. Dispute

These Terms and Conditions and the provision of the Online Auction Service as well as disputes in connection with these shall be settled through Swedish arbitration proceedings.

20. Contact

If the Buyer wants to contact Maskinera, the Buyer can do so by e-mail at the following address Info@maskinera.se.