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Conditions of Sale

1. Preamble

  1. 1.1  Every transaction on the online website www.kjauktion.dk (in the following called the  ”Auction Site”) is subject to Danish law.

  2. 1.2  Condtions of Sale apply for business customers and private individuals alike. However item 13 only apply to private individuals..

  3. 1.3  You are considered to be a private individual if you mainly buy outside your business, ref. Danish Sale of Goods Act, § 4 a, item. 1.

  4. 1.4  You are considered to be a business customer if you buy mainly as part of your efforts to conduct business for a profit, ref. Danish Sale of Goods Act, § 4 a, item. 1.

  5. 1.5 The seller states that the lot is free and uninpaired. If the buyer should wish to state cloud on title, the claim must be against the seller and not KJ Auction, because KJ Auction acts by commission only.

2. Account registration, security and master data

  1. 2.1  You must be of age and completed user account setup before you can submit bids on the Auction Site.

  2. 2.2  When you are the winning bidder on the Auction Site we need your master data in order to be able to identify and to communicate with the winning bidder. 

  3. 2.3 You master data are recorded with KJ Auktion for 5 years.

  4. 2.4  The managing director of KJ Auktion has access to your master data and other data associated with your user account. The Managing Director is accountable for KJ Auktion website data.

  5. 2.5  Your master data will not be passed on to or sold to any third party. Your are responsible for making sure that your master data are correct.

  6. 2.6  KJ Auktion will not collect and register any personally sensitive information.

3. Complaints and responsability

  1. 3.1  As a business customer, according to item 1.4, you cannont claim that the commodity has any defects, according to the Danis Sale of Goods Act § 48. As a business customer you cannot claim any other real or legal defects except for cloud on title. All commodities are sold without responsability for seller of the commodity, the liquidator, the Bankruptcy and Probate Court and KJ Auktion.

  2. 3.2 As a consumer, according to item 1.3, the current Danish Sale of Goods Act regarding complaings and defects of the commodity apply.

  3. 3.3  All commodities are subject to sale free  and unimpaired.

4. Bidding and og defaults

  1. 4.1  Any bid is legally binding when it has been comfirmed and registered on the Auction Site.

  2. 4.2  If the bid is identical to a previously sumbitted bid or autobid, the bid is not accepted.

  3. 4.3  If the winning bidder does not pay on time, collect on time stipulated or agreed with KJ Auktion or respond to any written information from KJ Auktion within 24 hours from the auction ending time, the contract of transaction is to be considered fundamentally breached by the winning bidder. If payment is not made 96 hours after the auction ending time, this is considered as a fundamental default and the contract of transaction is to be considered fundamentally breached by the winning bidder.

  4. 4.4  In case of fundamental breach KJ Auktion is free to avoid the transation contract with the breaching winning bidder and to offer the commodity to any underbidder or to any third party.

  5. 4.5  The breaching winning bidder is liable to compesate KJ Auktion for the difference in both bid amount and Buyers Premium and Vendors Premium relative to the price sold to the underbidder or other third party with an addition of 10%.

  6. 4.6  If the underbidder or other third party refuses to buy the commodity, and the commodity needs to be put up for auction again, the breaching highest bidder party is subject to pay for all reasonable expenditures associated with this.

  7. 4.7 If KJ Auktion or the seller succeeds in selling the commity of the defaulting winning bidder for a price, which is above the bid of the defaulting winning bidder, the winning bidder is not liable to deduct the positive diffence from such sale in the costs mentioned in item 4.6. The defaulting winning bidder is also not liable to claim any part of the profit from such a sale.

  8. 4.8  KJ Auktion is entitles to exclude a defaulting winning bidder from the Auction Site. All data will be deleted and KJ Auktion is also entitled to refuse the excluded winning bidder from using the services of the Auction Site on basis of the used IP-address.

5. Theft or sabotage:

  1. 5.1 If KJ Auktion notes theft or attempted theft, sabotage or attempted sabotage, this will result in reporting this to the police and exclusion from being able to bid on KJ Auktion events in the future.

6. Buyers Premium and VAT

  1. 6.1  To the bid amount we will add Buyers Premium and VAT.

  2. 6.2  Buyers Premium is 16 % added to the bid amount.

  3. 6.3  VAT is added to Bid Amount unless the commodity is exempt from VAT. VAT is also added to the Buyers Premium. 

7. Buyers from outside Denmark

  1. 7.1  Winning bidders located with an address outside Denmark will also have VAT on bid amount and buyers premium. All invoices will initially be including VAT. However if the winning bidder provides documentation that the good is exported outside Denmark, KJ Auktion will refund the VAT, provide a credit note and a zero rated invoice.

  2. 7.2  If the winning bidder is located within the European Union outside Denmark and has a valid VAT number and has provided a copy of the shipping document from the shipper, KJ Auktion will issue a zero rated invoice. The winning bidder is required to make sure that the VAT number is correct before bidding. KJ Auktion checks if the VAT number is correct on this website: http://ec.europa.eu/taxation_customs/vies/?locale=da.

  3. 7.3  Winning bidders outside the European Uniun will receive a zero rated invoice when KJ Auktion has received a copy of the freight document, which is our documentation to the Danish Customs Agency that the commodity has been exported from Denmark to the signed destination. In doing so the winning bidder mus use a third party authorised shipper. If the winning bidder collects in other ways then the winning bidder must apply for VAT refund from the Danish Customs Agency (www.skat.dk).

8. Payment

  1. 8.1  All lots are sold "Net Cash". This means that the winning bidder must pay the invoice amount immediately upon receipt.

  2. 8.2 When the auction bidding is concluded a confirmation email of the winning bids will be send to the winning bidder. The mail contains an invoice with current Conditions of Sale.

  3. 8.3  When you have paid online you may within reasonable time check that the payment has been received into our account. Pls. check "My Account / Accounting" for the payment document below the invoice.

  4. 8.4  The title the commodities is transferred to the winning bidder when the amount is received on our account.  

8.5 Foreign winning bidders must use money transfer via IBAN/SWIFT immediately after the auction end time. Information about this may be found on your invoice.

9. Collection and Shipping

  1. 9.1  All commodities must be collected within the stated time of collection of the individual lots. Longer collection time is may be granted in an individual basis for collecting equipment that needs dismantling.

  2. 9.2  In case the winning bidder wants to have the commodity delivered, this conditions are Ex Works, Incoterms 2010, KJ Auction stated location of the commodity. KJ Auktion does not do or facilitate shipping services. Pls. refer to "Information / Shipping" on our website for 3. party service providers

  3. 9.3. If the winning bidder does not collect during the stated time of collection, KJ Auktion may chose to sell the not collected lot(s) whichever way KJ Auktion pleases. The sale is subject risks and costs of the winning bidder in such a way, that the winning bidder is liable to pay for any loss and other costs associated with this without having title to any potential profit. Part payments and collections are not allowed.

  4. 9.4 Unless otherwise stated, all lots are collected at the risk and expense of the winning bidder. The winning bidder must do all dismantling and collection functions on site according to the instructions provided by KJ Auktion. Any damages in the process is entirely at the risk of the winning bidder. In case of any damage on buildings and installations the damaged parts must be repaired or agreement with KJ Auktion in writing must be settled before the lot leaves the auction site.

  5. 9.5 In case of disconnection from mains, gas, water, heat, air, hydraulics or drain the winning bidder must do so according to the applicable laws and regulations in force at the time.

  6. 9.6 The winning bidder must present a copy of the invoice to the auction office on site before starting to collect.

  7. 9.7 If the winning bidder commissions any third party to collect, then this party must inform the auction office of the invoice number.

  8. 9.8. All traffic on the auction site during collection and viewing or for any other reason, is at own risk.

  9. 9.9. Any instruction from the staff of KJ Auktion must be executed. In some cases the seller may ask for specific safety equipment, regulation of access to the site and documentation to operate a forklift truck, crane and other relevant equipment.

  10. 9.10 In some cases the seller may ask for a written plan for dismantling and collection from the site by the winning bidder or any 3. party service provicer commissioned by the winning bidder. The documentation must be provided to KJ Auktion before dismantling / collection commenses.

  11. 9.11 In some cases the seller supervices collection without assistance from KJ Auction staff. In such cases the instructions of the seller must be executed.

10. Using the lot and associated laws and regulations 

11.1 The winning bidder must make sure that the lot complies with the laws and regulations of the applicable country before using the equipment.

11.2 The buyer must provide any permissions to use various software and patent rights from the respective holders of the rights. Unless otherwise stated such rights cannot be transferred by the present owner or by KJ Auktion.

11. Vehicles with license plates

  1. 11.1  If the lot is a registered vehicle with license plates, the license plates may follow the vehicle if reregistration is done online before or at collection. If not then the vehicle will be delivered without licens plates. If the vehicle is delivered without license plates this will be stated in the lot catalogue.

  2. 11.2  Reregistration Fees are payable by the winning bidder.

12. Passing of the risk

  1. 12.1  The winning bidder bears the risk of the lot from the earliest time the lot may be collected, according to point 9.1.

  2. 12.2  In case the equipment needs dismantling this is to be performed at the risk and expense of the winning bidder.

13. Right of Withdrawal

13.1 According to the Consumer Contract Act if you are a private individual consumer, according to item 1.3, you have ther Right of Withdrawal and to return the commodity not later than 14 days after having received the commodity. The deadling starts from the day you have the commodity in your physical possession.

  1. 13.2  If you wish to excersise your right of withdrawal, you must with the deadline period stated in point 12.1. specically express yourself to KJ Auktion, that you wish to withdraw from the purchase.

  2. 13.3  The note of withdrawal must be sent to the contact details stated in point 14. You may also use the Right of Withdrawal Form, which is included in the confirmation email (point 8.1.) as well as online on our website. http://data.kjauktion.dk/files/pdfs/en_std_withdrawal_form.pdf

  3. 13.4  If KJ Auktion receives notification of withdrawal as per Conditions of Sale stated later than 14 days after the commodity is in your possession, your right of withdrawal is terminated.

  4. 13.5  The commodity must be returned not later than 14 days after the date you have informed KJ Auktion that you wish to excert your right of withdrawal and sent to the address stated in point 14.

  5. 13.6  The expensed associated with returning the commodity must be paid by you. You are the bearer of the risk In case the commodity may be accidentally lost or damaged during transport.

  6. 13.7  You are the bearer of risks of potential deterioration of the value of the commodity, in case your using of the commodity is beyond what is necessary to establish the nature of and the features of the commodity and to testing the commodity. The right of withdrawal according to this condition is maintained, however in such a manner that KJ Auktion is entitled to set off the deterioration in value in the amount which is refunded to you.

  7. 13.8  The invoice amount will be transferred to your account not later than 14 days after you having informed us of your wish to excersize you right of withdrawal. However KJ Auktion reserves the right to withhold the payment until the commodity has been received or you have provided sufficient documentation that the commodity has been returned.

  8. 13.9  KJ Auktion is entitled to reduce the refund by the expenses mentioned in point 12.6 and 12.7 from the invoice amount.

14. Changes in conditions of sale and reservations of errors

  1. 14.1  KJ Auktion is entitled to make changes in the lot catalog including to withdraw lots. KJ Auktion makes reservation for typing errors, photo errors, and errors in dimensions, weight, capacity and VAT status.

  2. 14.2  KJ Auktion is not liable for any system errors or other technical conditions, which may affect the auction system and bidding.

15. Contact details

  1. KM Handel KJ Auktioner v/Karsten Madsen

  2. Møllegårdsvej 1
    4270 Høng
    CVR-nr. 64 24 64 53


    E-mail: km@kjauktion.dk
    Telefonnummer: +45 20 72 28 89

16. Choice-of-law and venue

  1. 16.1 Any dispute of the said Conditions of Sale must be settled by Danish law at the court in Viborg.