Auction Terms & Conditions for auctions organised by Equippo France SARL

Preamble

The auction is organised by Equippo and legally conducted by Equippo France SARL for Equippo, together acting as the “Organiser”.

Purchases and sales are conducted under the legal responsibility of a certified auctioneer employed by Equippo France SARL.

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 2 days. If payment is not received by Equippo within 5 business days after the auction date, administration fees related to the late payment plus penalty interest are due to the maximum extent permissible by law. Administration fees amount to a cost of 50 Euro per payment reminder, with additional fees charged at cost. The penalty interest is charged at the interest rate applied by the European Central Bank to its main refinancing operation, increased by seven percentage points and rounded up to the next half-percentage point.
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

Auction sales of Equippo France SARL are binding at the time of the announcement of the item being sold, according to the applicable French legislation. The Equippo Group provides a "Money Back Guarantee" for its buyers. The details and procedures for the application of this policy are described in the "General Terms and Conditions of Sale" of Equippo AG, section 2.4. This is a policy offered by Equippo AG, independently of these Auction Terms and Conditions.

4. Equipment pick-up and loading

1. Purchases can only be picked-up after receipt of the bank transfer by Equippo France SARL. 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 Paris, 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. Equippo France SARL 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.