|Terms and Conditions Top|
TO READ CAREFULLY BEFORE USING THE SITE
By confirming the offers on the www.ceramicmachineryauctions.com website the User accepts implicitly, unconditionally and automatically all the conditions set out below:
The conditions of use of the www.ceramicmachineryauctions.com site are:
Contract with the User:
General Terms & Conditions of Sale for Online Auctions:
Machine - Machinery - Machinery - Machine / e-Machinery/equipments:
Offer through Proxy Bid:
Special conditions of sale:
GENERAL CONDITIONS OF SALE VALID FOR ONLINE AUCTIONS
The General Conditions of Sale for online auctions regulate the Terms & Conditions regarding the use of the www.ceramicmachineryauctions.com site and the methods of execution and participation in each auction. The General Conditions of Sale also regulate the relationship that is established automatically between VEGA srl, as the subject Administrator of the site and the User at the time of its registration on the site www.ceramicmachineryauctions.com. The General Conditions of Sale are valid at the same time and in addition to the Special Conditions of Sale which concerns a specific auction. They are valid for any User registered at www.ceramicmachineryauctions.com and for all online auctions of the site.
Art. a. Contract with the User
a.1 The contract with the User is formalized upon registration on the website. By registering, the User accepts the General Conditions of Sale reported here. The contract with the User cannot be transferred to a third party. The User automatically enters his personal data in the database of VEGA srl by filling out an electronic form and chooses a password that only he knows. The password is necessary to access the area reserved for Users of the www.ceramicmachineryauctions.com website, area from which it is possible to participate in auctions.
a.2 The Administrator of the site www.ceramicmachineryauctions.com confirms the registration to the User by sending an email to the address provided by the same, at this point the User must enable registration to the website by verifying the email address entered. This can be done by clicking on the link he will receive in the same email. After having received a notice of a successful and confirmed registration by email, the User can access the site area reserved for registered Users and participate in the auctions, entering in advance the Login data he has chosen. By registering in the website database the User undertakes to follow the rules of the website and to follow the ethical rules of the Web (netiquette) as well as not to cause damage to the website www.ceramicmachineryauctions.com or to other users. The User is responsible for all content that he publishes independently and/or the actions he undertakes using the www.ceramicmachineryauctions.com website.
a.3 By registering on the website www.ceramicmachineryauctions.com, the User undertakes to insert all the requested personal data correctly and guarantees their truthfulness and completeness. The User in case of change of personal data undertakes to promptly communicate the new data to VEGA srl, as the site Administrator.
a.4 VEGA srl reserves the right not to accept and/or delete unilaterally the registration from the database of the website, in the following cases:
a.5 VEGA srl keeps the data received in a database that collects the personal data of the Users. By registering on the website www.ceramicmachineryauctions.com the User implicitly accepts and authorizes the use and storage of the personal data entered;
a.6 The User cannot reproduce the website www.ceramicmachineryauctions.com or part of it without prior written authorization issued by VEGA srl;
Art. b. Sale
b.1 The presence of possible defects, of a quality deemed insufficient by the Buyer, of the difference from what is reported in the description of the machinery/equipment sold, as well as extra charges occurred not indicated by VEGA srl for the collection of machinery/equipment and in any case also of charges of any other kind, for any reason not considered in advance, will not give right to any reimbursement, damages, indemnity of any kind or reduction of the purchase price paid by the Buyer who has been awarded the same.
b.2 The machinery/equipment is sold with AS IS formula, without any guarantee and without the possibility of withdrawal by the Buyer, if it is considered unsatisfied.
b.3 Regarding the possible compliance, in accordance with the most recent current legislation on safety, of the machinery/equipment purchased, as it is used machinery/equipment sold with AS IS formula, the same, where necessary, remains at full charge and responsibility of the Buyer. The Buyer, with the completion of the purchase, implicitly undertakes to adapt the machinery/equipment purchased to the most recent current legislation in the field of safety, before they are reused, thus exempting the seller VEGA srl from any liability inherent in the present and future.
Art. c. Description of the machinery/equipment in auction
c.1 The description of the machinery/equipment in auction on the www.ceramicmachineryauctions.com site is inserted in good faith and in a clear and detailed manner, reporting all the information that the Administrator is aware of relating to this lot. However, all this cannot give rise to any responsibility for damages that may derive from incomplete or incorrect descriptions or consequent to the User's rely to the descriptions themselves.
c.2 Except explicit description contained in the Auction Form or contrary indication in the Special Conditions of Sale concerning the specific auction, in the case of purchase of machinery/equipment still installed and to be dismantled at the expense of the Buyer, all this which is external to machinery/equipment (eg power supply cables if not wired with its own plug, cable containment ducts, air pipes, gas pipes, other types of piping suitable to feed the machinery/equipment but external to it, gas pressure regulators, etc.), never belongs to the machinery/equipment, as it is the competence of the building where machinery/equipment are located and therefore cannot be dismantled and picked up.
c.3 VEGA srl will not be in any way responsible for problems arising from the use of machinery/equipment in auction. In the case of machinery/equipment not in compliance with the latest safety regulations, VEGA srl, with the Buyer's implicit acceptance of these General Conditions of Sale, is expressly exempt from reimbursement of any costs an assessment made by the same to certify the conditions and also from expenses for the eventual put in compliance to the safety regulations of the machinery/equipment.
Art. d. Methods of execution of the auction and participation to it
d.1 To participate in the auctions you must be registered at www.ceramicmachineryauctions.com and logged in. When registering in the site database, each User chooses a unique User name and a personal password that he only knows, these will be the Access data to login to the site and to participate in auctions. The User is responsible for any action if undertaken in his name using his / her login details (Username and Password).
d.2 The Access Data such as Username and Password are personal and secret. The User will be held responsible for offers sent even in the event of theft and/or loss of the aforementioned data, except in case he has previously communicated to the Administrator of the site www.ceramicmachineryauctions.com, the theft or loss of Access Data to the site.
d.3 These are upward auctions and then the best bidder is awarded the lot. The Starting Price is indicated on the auction page and in the Auction Form of the www.ceramicmachineryauctions.com website. It will be possible to win the lot in terms of time provided and indicated in the Auction Form . Over than these time limits it will no longer be possible to offer and in any case the offers will not be considered valid.
d.4 If it is expressly indicated in the Auction Form (also through a specific DEPOSIT REQUIRED logo inserted in the main image), to participate in the auction it will be necessary to pay a deposit according to the Special Conditions of Sale referring to each specific auction. If the winner of the lot does not provide the balance for the acquisition of the asset, the deposit will be retained by the Administrator of the site www.ceramicmachineryauctions.com, only as an advance on the damage occurred and will be expressly accepted as additional sale condition, the possibility for VEGA srl to act legally against him by requesting the right compensation for the damage suffered.
d.6 At the end of the auction, if the User is the highest bidder and if the Reserve Price has been exceeded, the User definitively becomes the Auction Winner and therefore the Buyer.
d.7 The offers are irrevocable and are binding, so it is not possible to cancel and/or withdraw the offers entered. It is also not allowed to renounce the purchase of machinery/equipment that the user has been awarded, automatically becoming the Buyer.
d.8 To ensure proper competitiveness, online auctions, including ours, use the so-called Time Extension system. This means that every bid made during the last 5 minutes of the auction automatically extends the auction by a further 5 minutes. In this way, all interested users are allowed to appropriately re-launch. Obviously this system could extend the auction closing for a long time and, in any case, it does not guarantee a certain duration of the same or its precise closing time.
d.9 In the case of an auction of machinery/equipment owned by third parties, the Awardee will receive two separate payment notices, one in the name of the owner of the asset, this will report the final price for the adjudication of the machinery/equipment and a second in the name of VEGA srl which will report the amount to be paid for the auction rights commonly defined BUYER PREMIUM.
d.10 According to what is indicated in the Special Conditions of Sale inherent to each auction the Buyer therefore become Buyer, will be required to comply with the terms of payment.
Article e. Terms of payment
e.1 Each price shown on the www.ceramicmachineryauctions.com website is expressed in EURO € - EXCLUDING VAT. Successful bidders will have to pay VAT when due and any other costs indicated in the Auction Form and/or indicated in the Terms & Conditions section. However, the Italian tax rules in force at the time the transaction is executed are binding. The auction fee is the BUYER PREMIUM and the remuneration of www.ceramicmachineryauctions.com for the execution of the auction and the work done on behalf of the Buyer of the assets and is defined as a percentage of the adjudication price of the lot that the User has been awarded becoming a Buyer.
e.2 The Awardee must pay the auction rights that is the Premium Buyer in favor of VEGA srl, according to the terms and procedures established in the Special Conditions of Sale relating to each auction and as indicated in the Auction Form.
e.3 At the end of the auction the User who has won the machinery/equipment, which has become the Buyer in effect, receives a Notice of Payment with all the necessary details to proceed with the balance of the amount due.
e.4 In the event of an adjudication, VEGA srl will transmit the Notice of Payment and the invoices issued subsequently, solely and exclusively to the subject that has become the Buyer following the adjudication of the lot/ lots in auction – physical or legal entity - who has completed registration on the site, being therefore authorized to offer and participate in auctions. It is in no case possible to participate in auctions on behalf of third parties, even in the presence of specific proxies.
e.5 Once the payment (s) have been made, the Buyer will send the swift copy to VEGA srl by e-mail, which proves that the payment has been made. In any case, the payment will be considered officially received only when the bank will communicate the reception in the Vega srl’s account.
e.6 In the event that the User who won the auction of machinery/equipment, then become the Buyer, does not comply with the commitments made in confirming his offer and therefore in proceeding to the payment of the sum that he has undertaken to pay after the adjudication of the machinery/equipment, will incur the following consequences:
Article f. Provisions on VAT (Value Added Tax)
f.1 The Users who have won the machinery/equipment, thus become Buyers, with registered offices in countries EXTRA UE which require VAT exempt invoicing (Art. 8, comma 1, lettera b) del DPR n. 633/72). undertake to export the goods within and no later than 90 days from the date of the Transport Document or Accompanying Invoice and to send as soon as possible to VEGA srl the proof of the export (model EX 1 customs stamp endorsed by the exit customs authorities), in any case no later than 15 working days from the date of issue of the EX1 model itself.
f.2 In the event that VEGA srl does not ship by its trusted transporter, it will require EXTRA UE buyers to pay the total VAT as a surety on the export of the machinery/equipment. This amount will be returned to the EXTRA UE buyer only after receipt of documentation stating that the machinery/equipment has been exported to an EXTRA UE country within 90 days from the date of the Transport Document, or from the date of the invoice in the case of Accompanying Invoice. In case the Buyer does not comply with the what requested, the relative VAT amount will be paid to the Italian government according to the fiscal legislation in force in the Italian state. It will then be the Buyer's responsibility, if he deems it appropriate, to request reimbursement of VAT to the Italian state in a totally autonomous form and at his exclusive care and expense.
f.3 In case of export to CEE countries the Purchaser will have to export the machinery within 90 days from the date of our Transport Document or Accompanying Invoice. To return the amount of VAT the Purchaser will have to send us a CMR signed and stamped by a transporter of the EEC country of destination of the goods, unless the CMR it is issued directly by us.
f.4 The Italian companies that as regular exporters wish to request VAT-Exempt invoicing must first send Declaration of Intent together with the receipt of electronic submission issued by the Revenue Agency. This documentation must be received by VEGA srl before receipt of any payment, including deposit. In the case of documentation sent later the invoicing will take place with VAT.
Article g. Collection of machinery/equipment
g.1 The time and methods granted to the Buyer for the collection of the machinery/equipment are indicated in the Auction Form and in the Special Conditions of Sale concerning the specific auction.
g.2 In case the machinery/equipment after the adjudication are still installed or in any case not at the VEGA srl warehouse but rather at third parties, the presence of a VEGA srl manager will be necessary as a collection supervisor during the entire duration disassembly and loading operations.
g.3 The cost of the Collection Supervision service provided by VEGA srl through the sending of one of its managers, is indicated in the Auction Form and will be added to the adjudication price and clearly indicated on the invoice. This cost will be paid together with the payment of the machinery/equipment invoice and it will not be possible to proceed with the dismantling and subsequent collection of the machinery/equipment in case of non-receipt by VEGA srl of the same amount. In case of complex disassembling, which require a presence of VEGA srl’s Supervisor that can last for long periods, the amount requested will be quantified in the final balance and valued at € 400.00. = + VAT / man /day plus travel expenses, with reimbursement charges by the Buyer for airplane/train return tickets and accommodation costs calculated in the final balance. If a VEGA srl’s vehicle is used for travel, a total return journey cost of Euro / Km 0.50.= + VAT is calculated. For this service, at the discretion of VEGA srl, the payment of a cautionary amount of appropriate proportions will be requested, the balance will be settled by the Buyer at the end of the work. Vega srl will return the excess amount, if any, or request the Buyer's integration where necessary. In the case the times are very long (eg. more than 10 days), the amounts above indicated could be negotiated and reduced appropriately and preventively, but they will always be confirmed in written form by VEGA srl. In the case of collection of the machinery/equipment at the VEGA srl warehouse, no payment of Supervisory Fee is requested.
g.4 The expenses for the possible dismantling and loading of the asset for its collection are always and in any case borne by the Buyer.
g.5 The purchased machinery/equipment must be collected at the Buyer's expenses, care and responsibility, in total autonomy and responsibility, choosing the most suitable suppliers for dismantling works as well as for loading services (eg crane loading services).
g.6 VEGA srl will facilitate, as far as it is possible, the Buyer in collection operations providing information on the overall dimensions of the machinery/equipment, the estimated weights of the same and information on the means necessary and appropriate to the load and transport. VEGA srl will not be responsible for this information, which can only be estimates and not absolute values, which must always be verified by the Buyer definitively and in any case before starting work.
g.7 The choice of the company (s) or collaborators who will be commissioned to carry out the dismantling and loading of the machinery/equipment purchased will be the sole expenses, care and responsibility of the Buyer. The Buyer will therefore be solely responsible for verifying the professional suitability of the performers regarding the execution of the works themselves. VEGA srl will therefore be totally unrelated to the commercial relationships between the Buyer and the performer of the dismantling and loading of the purchased machinery/equipment and will not be in any case be held responsible for disputes of any kind and nature between the two parties.
g.8 Before the start of the dismantling and loading work, the Buyer undertakes to present to VEGA srl all the documents required by law (professional qualifications, safety insurance coverage, approval and/or certification of working devices and accessories etc) related to the company and to the people who will do the work. In the event that the documents requested and foreseen by the law at that time will be not received by VEGA srl before the beginning of the works, it will not be possible to guarantee the access to the premises.
g.9 The Buyer and/or the company appointed by him to proceed with the dismantling and loading of the purchased machinery/equipment must stipulate or already have adequate insurance coverage for damages to third parties (TPL), which may be caused during the execution of works. The insurance policy must be of a European company of primary importance and with adequate insurance ceiling for the work to be performed. VEGA srl may, in the event that the insurance ceilings in force are not adequate to the importance of the work, give an indication of the required insurance ceilings.
g.10 The Buyer shall release the premises where the machinery/equipment is located no later than the deadline indicated in the Special Conditions of Sale relating to the specific auctions and also indicated in the Auction Form. These terms are implicitly accepted by the User at the time of confirmation of the offer. In the event that the collection of the machinery/equipment is delayed beyond the terms indicated in the Auction Form, a penalty will be applied to be paid to the owner of the property, which will be equal to the amount of rent (on a daily basis) for a property equivalent and of equal characteristics present on the real estate market at that time. In the event that the machinery/equipment were in the warehouses of VEGA srl, the penalty applicable for failure to collect will be on a daily basis of Euro / sqm / day 0.30. = + VAT.
g.11 In the event that the Buyer does not provide for collection for more than 30 calendar days in addition to the terms indicated in the Auction Form, VEGA srl may return the machinery/equipment in question to auction or proceed to the scrapping of the same to free the locals. These operations of scrapping and disposal will be carried out at the expense of the Buyer. Vega srl may withhold what has been paid up to date as an advance on the claim for damages that may also be exercised legally against the defaulting Buyer.
Article h. Legal responsibility
h.1 In the event that the competent authorities ascertain an objective responsibility of VEGA srl, in any case VEGA srl will never be responsible for amounts exceeding those established by the insurance policy of its Third Party Civil Liability policy. (TPL).
h.2 VEGA srl will not be liable to third parties for any possible infringement of intellectual property rights.
h.3 VEGA srl relies on the collaboration of third parties, who are chosen by carrying out due diligence. Possible illicit or other conduct on the part of the latter, which could o causing damage to third parties cannot be attributed to VEGA srl, which declines all responsibility in this regard.
h.4 VEGA srl cannot be held responsible for damages, losses, extra expenses (including lost earnings, legal fees, taxes of various nature, etc.) that the User should suffer or sustain in the case of:
h.5 The Causes of Force Majeure, as such, will automatically relieve VEGA srl from any liability with regard to its obligations and any failure to fulfill contractual obligations or delays in the same.
Article i. Applicable standards
i.1 For auctions of machinery/equipment of private subjects the provisions contained in the General Conditions of Sale for online auctions and Special Conditions of Sale relating to specific auctions, published on the site www.ceramicmachineryauctions.com are applicable in conjunction with those of the Civil Code.
i.2 VEGA srl reserves the right to unilaterally modify the aforementioned conditions. The changes will take effect and value from the time of publication of the same on the site www.ceramicmachineryauctions.com.
Article l. Website www.ceramicmachineryauctions.com.
l.1 In the event that the website www.ceramicmachineryauctions.com is not visible to Users for technical failures or maintenance for periods longer than 1 days, VEGA srl will have the right to extend the terms of the auction for 5 working days (Italian calendar).
l.2 VEGA srl will have no responsibility for damages suffered by Users or third parties when and if caused by:
Article m. Computer Security
m.1 VEGA srl will use the latest technologies in data protection to avoid, as far as possible, the loss and theft of sensitive data and their possible consequent illicit use.
m.2 VEGA srl will not be responsible for any consequences arising from the use of the www.ceramicmachineryauctions.com site (e.g., loss of data, illicit access by third parties to computers or files, file corruption, virus spread, etc.).
Article n. Effectiveness of the conditions
n.1 In the event that any provision of the General Conditions of Sale is canceled or is null, all the remaining provisions contained therein shall remain valid and enforceable. VEGA srl will prepare a new provision to replace the null / canceled one, whose effectiveness will start from the publication on the website www.ceramicmachineryauctions.com.
n.2 If there is a conflict between the provisions contained in the General Conditions of Sale and the Special Conditions of Sale for specific auctions, the provisions of the Specific Sales Conditions will be considered valid and applicable.
n.3 Any exception to the provisions contained in the General Terms & Conditions of Sale will be valid only and exclusively if and as indicated in writing by VEGA srl, as the Administrator of the www.ceramicmachineryauctions.com site.
n.4 VEGA srl may at any time unilaterally modify these General Conditions of Sale. The changes become official as of their publication on the www.ceramicmachineryauctions.com website. VEGA srl, as the Site Administrator, may inform the User by email of the changes to the regulation, but will not be obliged to do so as It is up to the User to inquire about the Terms & Conditions before participating in any auction published on the www.ceramicmachineryauctions.com website.
Article o. Applicable law and competent court
o.1 Any dispute arising between the Users and VEGA srl relating to the provisions contained in the General Conditions of Sale and to any legal relationship created within the auction itself will be governed exclusively by Italian law.
o.2 The original and official text of the General Conditions of Sale is the text in Italian. In the case of discrepancy in the translation that may cause ambiguity, conflict or difficulty in interpretation, it will still be valid and only the Italian text will be valid for legal purposes.
o.3 In case of disputes concerning:
the Court of Vicenza - Italy is competent only and exclusively.