Copart India Private Limited Standard Terms and Conditions of Purchase and Use
(Last updated on: 7 April 2016)
This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder. Further, this electronic record is generated by a computer system and does not require any physical or digital signatures. This electronic record is published in accordance with the relevant provisions of the Information Technology Act, 2000 and rules made thereunder
1.1 You will be deemed to have accepted these terms and conditions of purchase and use (“Terms and Conditions”) when you click the “I have read these Terms and Conditions” tab when you register to become a member (“Member”) on (a) the www.copart.in (“Website”); and/or (b) any other software application developed by Copart (as defined below) for use on wireless computing devices such as smartphones and tablets and also for use on desktop or laptop computers ((a) and (b) hereinafter collectively referred to the “Electronic Media”).
1.2 Acceptance of these Terms and Conditions by you is an absolute pre-condition of you to transact on the Electronic Media and use the Services (as defined below). Conseqently, if you do not accept these Terms and Conditions, you will not be permitted to transact on the Electronic Media or use the Services.
1.3 Copart India Private Limited (a private limited incorporated under the laws of India) (“Copart India”) either itself and/or through its parent company, its subsidiaries or its affiliates (hereinafter collectively referred to as “Copart”) provides, inter alia, the following services:
(a) bidding on Lots (as defined below) on the Electronic Media;
(b) physical services facilitating bidding on Lots and completion of a transaction of sale of the Lot; and
(c) such other services as may be provided by Copart from time to time(hereinafter collectively referred to the “Services”).
The Services are offered to (i) persons who wish to transact in the vehicles on the the Electronic Media, being the owners thereof or insurance companies, banks, financial institutions acting on behalf of the owners (“Seller”); and (ii) our Members who wish to buy the vehicles transacted on the Electronic Media.
1.4 A “Lot” is a motor vehicle registered in India (which shall include, without limitation, cars, motorcycles, caravans and commercial vehicles) offered for sale by the Sellers and auctioned on the Electronic Media on behalf of the Sellers by Copart India. The Lots auctioned by us are motor vehicles registerd in India and we do not import any motor vehicles into India. The Lots are stored by us at our various facilities in India on behalf of the Seller and we do not have any right, title or ownership over the Lots, except as bailee of each particular Lot.
1.5 You acknowledge that our business is that of providing auctioneering services to facilitate sale of used, recovered stolen, accident-damaged and/or insurance write-off Lots. You further acknowledge that the Electronic Media provides a platform for bidding and auction of Lots, to be directly sold by the Sellers to the interested Members. Please note that we do not and will not engage in buying and selling of Lots for ourselves and/or in our own right.
1.6 YOU EXPRESSLY ACKNOWLEDGE THAT IT IS FAIR AND REASONABLE ON OUR PART, IN ALL CIRCUMSTANCES, TO EXCLUDE, RESTRICT OR LIMIT (AS THE CASE MAY BE) OUR OBLIGATIONS AND LIABILITY TOWARDS YOU IN RESPECT OF THE LOTS THAT ARE OFFERED FOR SALE/AUCTIONED ON THE ELECTRONIC MEDIA ON BEHALF OF THE SELLERS.
1.7 These Terms and Conditions govern your transactions on the Electronic Media and also the use of Services.
1.8 These Terms and Conditions, inter alia, set out and explain (a) our and the Seller’s responsibilities towards you; and (b) your responsibilities towards us and the Seller. These Terms and Conditions may include important provisions that restrict and/or limit our liability and/or the liability of Sellers towards you since the Lots offered for sale at the auction are used, damaged, recovered stolen and/or insurance write-offs.
1.9 We reserve the right to revise, update and amend these Terms and Conditions at any time without prior notice to you. In the event we revise, update or amend these Terms and Conditions, we shall display a notice to this effect on the Electronic Media. The most current form of the Terms and Conditions can be found here. Your continued use of the Electronic Media and/or the Services after any revision, updation or amendment of these Terms and Conditions shall be deemed to be your express acceptance or acceptance by conduct, of any such revised, updated or amended Terms and Conditions as well.
1.11 These Terms and Conditions are applicable only to the Lots auctioned in India by Copart India. In the event you wish to purchase vehicles in a jurisdiction other than India, you will have to register directly with local websites of Copart India’s affialites in such jurisdictions, as may be available.
1.12 For the purpose of these Terms and Conditions, wherever the context so requires, references to “you” shall mean the Member and references to “us” or “we” shall mean “Copart India”.
2. ELECTRONIC MEDIA, YOUR INFORMATION AND ACCOUNT SECURITY
2.1 The Electronic Media provides the functionality and one of the methods through which you place bids on Lots. We will provide you with any help you may reasonably require to access the Electronic Media but we shall not be responsible if you are unable to access any of the Electronic Media or any of the Services for any reason. We do not guarantee you access to the Electronic Media at any time and all times. We do not guarantee that while you are accessing the Electronic Media, your access will be uninterrupted, without delay/interference, secure and/or error free or operate as set out and anticipated in these Terms and Conditions. Accordingly, we reserve the right, at any time, to suspend or discontinue the Electronic Media and/or any of the Services for any reason without incurring any liability or obligation to you. For further details on the limitations on use of the Electronic Media, please click here.
2.4 You agree that you will act lawfully, diligently and honestly at all times when you access and use the Electronic Media and/or avail the Services and will comply with all laws, rules, regulations, legislations, notifications, circulars, guidelines, standards, codes, policies, orders, approvals, ordinances, judgments, decrees, injunctions, writs, arbitral award, bye-laws, or any similar form of decision, determination, or adjudication having the force of law, as amended from time to time, (“Laws”) applicable to your use of the Electronic Media and/or availing the Services. You promise that all the details you supply on registration or at any time thereafter are and will remain true and accurate.
2.5 You agree that you will not interfere with, jeopardise, disrupt or harm the Electronic Media and/or Services and that you will not intercept, expropriate, re-use, steal or re-utilise any system, data, photographs or information comprised in or provided to you via the Electronic Media and/or Services and at all times comply with the terms of the TOS, in addition to these Terms and Conditions.
2.6 You promise to keep your username and password secret. You agree that you are and shall be solely liable for actions taken using your username and password to access the Electronic Media and/or Services, whether taken by you or third parties and/or with or without your consent or knowledge.
2.7 If you believe the confidentiality of your username and password has been compromised, you must tell us immediately. We will use our reasonable endeavours to provide you with an alternative username and/or password, although we reserve our absolute discretion to restrict or terminate your use of the Electronic Media and/or Services as set out in the TOS.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 You acknowledge and agree that we and/or our affiliates or licensors or suppliers own all the intellectual property rights in and relating to the Electronic Media and the Services. Your use of the Electronic Media and/or Services grants you no rights in relation to our or our affiliates or licensor’s or suppliers intellectual property rights. By accessing the Electronic Media and using the Services you also agree to be bound by our Copyright Notice. For further details on the Copyright Notice, please click here.
3.2 Other than in connection with your private use of our Electronic Media or Services, you shall not copy, reproduce, download, publish, re-publish, post, broadcast, record, print, commercially exploit, transmit, edit, communicate to the public or distribute in any other way, any content in relation to the Electronic Media, the Services or the computer codes or elements which comprise the Electronic Media and/or the Services.
3.3 Other than as set out in this clause 3 and the TOS, you are not permitted to use any of our intellectual property rights without our (and our affiliates, licensor’s or suppliers) prior written consent.
4. MEMBERSHIP AND REGISTRATION
4.1 Membership (as a registered Member) with us is open to all persons (a) having the capacity to enter into legally binding contracts as per the Indian Contract Act, 1872; (b) who act in the capacity of trader (and not as a consumer) for commercial purposes; (c) who are residents in India; and (d) who click the “I have read these Terms and Conditions” tab. We reserve the right to deny membership to, and/or exclude from our premises or the Electronic Media, any person in our absolute discretion and we also reserve the right to suspend, revoke or amend your membership in our absolute discretion.
4.2 If you wish to become a registered Member you must (a) complete our registration form; (b) pay a non-refundable membership fee of which you will be notified prior to you completing your membership application; and (c) lodge with us a non-interest bearing, refundable security deposit the details of which you will be adviced prior to you completing your membership application (“Security Deposit”). Your membership with us must be reviewed and renewed annually by paying our annual membership fee and providing information regarding any changes to your details. We reserve the right to increase our annual membership fees or Security Deposit at any time without notice, though we will place such information at our branches/facilities in India and on the Electronic Media. Your use of the Electronic Media and/or Services thereafter will be deemed to be your express acceptance and/or acceptance by conduct of such increase in the membership fee. We also reserve the right to waive or reduce the membership fee at any time as a standard offering or special promotion. Please note that the collection of membership fee and Security Deposit by Copart India from its members is only for the purposes of rendering continuous Services to all its members and to safeguard its rights against any breach of these Terms and Conditions by its members. Copart India is not in any manner accepting any deposits, under the provisions of any Law, and is not engaging in any banking or similar activity.
5. RELEASE OF LIABILITY AND INDEMNITY
5.1 You irrevocably and unconditionally waive and release your rights to recover from us, our directors, officers, employees, representatives, agents, subsidiaries, partners, affiliates or suppliers, any and all damages, losses, penalties, liabilities, obligations, fines, costs, expenses, interests or claims (whether direct or indirect, known or unknown, foreseen or unforeseen) (“Losses”) that may arise from use of the Electronic Media and the Services or be related to property damage or any other event which occurs on or at any of the Electronic Media.
5.2 You agree to indemnify and keep indemnified, defend and hold us harmless from any and all Losses suffered or incurred by us due to or arising out of breach of these Terms and Conditions or the TOS by you .
5.3 You agree to indemnify and keep indemnified, defend and hold us harmless in respect of any liability with respect to taxation, duty, charge or levy in the nature of taxation (including all Losses relating to any of them), past, present or future, wherever imposed, that we suffer as a direct or indirect consequence of your use of the Electronic Media and/or Services.
5.4 To the fullest extent permitted by Law, under no circumstances will we be liable for any direct, indirect, special, incidental, exemplary or consequential Losses including loss of profits, goodwill, data, loss of business, loss of a chance, or other intangible losses, even if we have been previously or subsequently advised of the possibility of such Losses, resulting from (a) the use or the inability to use the Service or the Electronic Media; (b) the cost of procurement of substitute goods or services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service or the Electronic Media; or (c) any other matters relating to the Service, the Electronic Media or the Lots. As a Member, you agree that the provisions of this clause 5 are fair and reasonable in all the circumstances.
5.5 We make no warranty that (a) the Services will meet your requirements; (b) the Services will be uninterrupted, timely, secure or error-free; (c) the results obtained from the use of the Service will be accurate, reliable, complete or current; (d) the quality of any Lots, services, information, or other material purchased or obtained by you through the Electronic Media and/or while using the Services will meet your expectations; and (e) any errors in the Services will be corrected.
5.6 We are not responsible or liable for any Losses you sustain arising out of or in connection with any defects, errors or omissions in any paperwork issued by any government department, executive agency or other authority of competent jurisdiction.
5.7 It is your sole responsibility to comply with all Laws, inspections, fees, proof of emissions or any other requirements that may apply to your purchase of the Lot. We do not represent the specifics of the Lots (value, saleability, legal title, etc.) offered for auction by us and we do not endorse any Lot. We therefore accept no liability for errors or omissions and the Members are required to exercise their discretion while making decisions.
6. BIDDING OVERVIEW
6.1 There are two ways by which you can bid for Lots:
6.1.1 “Preliminary Bidding” – the bids that commence prior to a scheduled auction / virtual bidding (“Preliminary Bids”) and runs until one (1) hour before the scheduled start of that auction/virtual bidding (the “Preliminary Bidding Period”). Preliminary Bids compete against online Preliminary Bids during the Preliminary Bidding Period. One (1) hour after the close of the Preliminary Bidding Period, the “Virtual Sale” (i.e. the online auction and bidding) begins. The highest Preliminary Bid received by us competes against the virtual bids via VB2 Technology Platform’s “BID4U” during the Virtual Sale.
6.1.2 “Virtual Bidding” – you may log on to the Electronic Media during a Virtual Sale to submit bids electronically in real time over the internet to compete with the highest Preliminary Bid and other virtual bids.
Please note that only the Members, who have deposited the Security Deposit and paid the annual membership fee will be able to participate in the auctions and bid on Lots.
6.2 During the Preliminary Bidding Period you may preview the Lots offered for sale under the concerned auction, at our premises where they are stored.
6.3 We use the BID4U bidding system to make the bidding process easier and more efficient for you. You simply have to enter a Preliminary Bid representing the maximum price/bid you are willing to pay/make for a Lot and BID4U will bid on your behalf up to your maximum bid during both the Preliminary Bidding Period and the Virtual Sale. BID4U will only bid one (1) increment over the current bid to maintain your position as the highest bidder up to the maximum bid you have said you are willing to make. This allows you the possibility of purchasing a Lot below your maximum bid. If a bidder (with a higher maximum bid) outbids you during the Preliminary Bidding Period, we will notify you.
6.4 Increment bidding is an option available to you during Preliminary Bidding whereby you may choose to authorise us to increase your entered maximum bid by one (1) (and only one) increment if a virtual bid ties with your entered maximum bid during the Virtual Sale. If your bid is the highest, then your bid will not be incremented by us. For this purpose you appoint us to be your proxy bidder in accordance with these Terms and Conditions. By way of example, you select the ‘increment bid box’ and bid INR 50,000 (Indian Rupees Fifty Thousand). The virtual bid is currently at INR 50,000 (Indian Rupees Fifty Thousand) (a tie with your bid). Because you selected the ‘increment bid box’, your Preliminary Bid is incremented to INR 50,100 (Indian Rupees Fifty Thousand One Hundred). The Lot is auctiond in your favour at no more than INR 50,100 (Indian Rupees Fifty Thousand One Hundred) or to the virtual bidder for INR 50,200 (Indian Rupees Fifty Thousand Two Hundred) or more, as the case maybe.
6.5 Once you have submitted a bid, it cannot be retracted, deleted or cancelled under any circumstances.
6.6 Virtual bids prevail over Preliminary Bids of an equal amount.
7. SALES, POLICIES AND PROCEDURES
7.1 Lots may be in any one of 3 (Three) categories: (a) condition subsequent sales (“On Approval Sales”); (b) sales subject to a reserve price (“Minimum Sales”); and (c) sales not in the above 2 (Two) categories (“Pure Sales”).
7.2 Our status and role at all times will be that of an agent for the Seller of the relevant Lot and we provide you with the opportunity and a venue to participate in an auction sale conducted under these Terms and Conditions.
7.3 A bid placed by you will be binding on the Seller once we notify the same to you by way of a notice displayed on the Electronic Media.
7.4 A contract of sale (“Contract of Sale”) will be concluded, with respect to the Lot that was the subject matter of your bid as follows:
(a) Pure Sales: upon you being notified by us that your bid has been successful;
(b) Minimum Sales: when the reserve price, as set by the Seller prior to commencement of the bid, is met or exceeded; and
(c) On Approval Sales: if and when the Seller accepts your bid.
In each case, the Contract of Sale will be between you as the winning bidder and the Seller and we are not party to any Contract of Sale. These Terms and Conditions, however, govern the Contract of Sale. If the auction is not successful or a concluded Contract of Sale is not entered into, the Lot will revert to the Seller.
7.5 We shall act as sole arbitrators in all disputes and matters arising out of or in connection with any pre-sale, auction or post-sale matters, including (without limitation) bidding for, withdrawing or altering the sale order of any Lot, refusing bids from you, or the cancellation of any Contract of Sale made at or during any sale and our decision (for which no reason may be given) shall be final.
7.6 Without giving any reason and in our absolute discretion we may refuse to accept any bid or regulate the bidding as we deem fit. We may remove, restrict or withdraw any Lot being offered for sale at any time before any Contract of Sale is concluded.
7.7 In addition, the Seller may or we may (as agents of the Seller) choose to cancel any concluded Contract of Sale in its/our absolute discretion. If any concluded Contract of Sale is so cancelled, neither you nor the Seller shall be entitled to rely upon such Contract of Sale for any purpose. However, you shall be entitled to the return of any deposit or part of the purchase price you have already paid for the Lot that is the subject matter of such cancelled Contract of Sale.
7.8 You agree to indemnify, keep us indemnified, defend and hold us harmless from any and all liability arising out of our decisions made in connection with resolving disputes, withdrawing Lots from sale, refusing to accept bids and/or cancelling concluded Contracts of Sale.
7.9 You will not receive right and title as the Seller has to or over any Lot on which you have successfully bid and entered into a concluded Contract of Sale unless and until we receive cleared funds from you in full payment of all sums, fees and other monies due from you in respect of that Lot. You will, however, at all times, remain legally committed to purchase that Lot and the Seller will not be obliged to transfer such right and title as it has, to you, until full payment has been made, subject to the Seller’s (or our, as agent of the Seller) right to cancel a concluded Contract of Sale and these Terms and Conditions generally.
7.10 You assume full responsibility for, and all risk passes to you in respect of, any Lot you have purchased from a Seller, from the time the Contract of Sale is concluded between you and the Seller. You agree to indemnify, keep us indemnified, defend and hold us harmless against all Losses or other harm arising out of or in connection with any damage (howsoever caused) to any Lot you have agreed to purchase.
8.1. ALL LOTS WE OFFER FOR SALE ARE SOLD “AS IS WHERE IS”. “AS IS WHERE IS” SALES ARE SALES WITHOUT ANY EXPRESS OR IMPLIED WARRANTY (INCLUDING WITHOUT LIMITATION ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OF SATISFACTORY QUALITY OR MERCHANTABILITY). We expressly disclaim the accuracy or completeness of any and/or all information provided to you regarding Lots whether provided in written, verbal or digital image form (“Lot Information”). Lot Information is provided for convenience only. You agree that you will not rely solely on the Lot Information in deciding whether or how much to bid on any Lot. Lot Information includes without limitation: year, make, model, condition, damage amount, damage type, roadworthiness, driveability, accessories, mileage, meter readings, identification numbers of Lots, title, repairs needed, repair cost, repair history, title history, service history and total loss history. We expressly disclaim any and all representations (whether written or verbal), warranties and guarantees regarding the Lots transacted on the Electronic Media by way of auctions. We do not guarantee that keys are available for any Lots sold through us, regardless of whether or not keys are present in online images or are present in the Lot during any pre-purchase inspection. The Lots auctioned may be missing components or parts. We do not guarantee that Lots meet or can be modified to meet local emission or safety requirements. IT IS YOUR SOLE RESPONSIBILITY TO ASCERTAIN, CONFIRM, RESEARCH, INSPECT AND/OR INVESTIGATE TO YOUR SATISFACTION THE LOTS WE OFFER UNDER AUCTIONS AND ANY AND ALL LOT INFORMATION PRIOR TO DECIDING WHETHER AND HOW MUCH YOU WISH TO BID ON ANY LOT.
8.2. YOU AGREE THAT ALL LOTS ARE SOLD “AS IS, WHERE IS” AND ARE NOT REPRESENTED TO BE IN A ROADWORTHY CONDITION, MECHANICALLY SOUND OR MAINTAINED AT ANY LEVEL OF QUALITY WHATSOEVER. THE LOTS MAY NOT BE FIT FOR PURPOSE AS A MEANS OF TRANSPORTATION OR FOR ANY OTHER PURPOSE AND MAY REQUIRE SUBSTANTIAL REPAIRS AT YOUR EXPENSE. THE LOTS MAY NOT BE OF SATISFACTORY QUALITY, TAKING INTO ACCOUNT ALL CONSIDERATIONS, INCLUDING WITHOUT LIMITATION THE PRICE YOU PAY FOR ANY LOT WE OFFER FOR SALE. You acknowledge and agree that we have excluded our liability in respect of terms that would otherwise have been implied into the Contract of Sale to the fullest extent permitted by Law, including without limitation any terms relating to Lots complying with their description and/or being fit for a particular purpose. We do not repair or dismantle the Lots or carry out any other services in relation to the same at the storage facility prior to their auction.
8.3. GIVEN THE NATURE OF OUR BUSINESS, THE NATURE OF THE LOTS WE OFFER FOR SALE, YOU ACKNOWLEDGE AND AGREE THAT IT IS FAIR AND REASONABLE IN ALL THE CIRCUMSTANCES FOR US TO RELY UPON THE RESTRICTIONS, LIMITATIONS AND EXCLUSIONS OF OUR LIABILITY SET OUT IN THESE TERMS AND CONDITIONS AND IN THE TOS. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE ELECTRONIC MEDIA AND SERVICES AND YOUR BIDDING FOR AND/OR PURCHASE OF LOTS IS EXPRESSLY ON THE BASIS THAT THESE TERMS AND CONDITIONS AND TOS HAVE BEEN READ AND UNDERSTOOD BY YOU, AND THAT YOU ACCEPT IN THE CIRCUMSTANCES THEY ARE FAIR AND REASONABLE.
8.4. RESERVE PRICE FOR THE LOTS IN CASES OF MINIMUM PRICE SALES AND BASE PRICE TO COMMENCE BIDDING ARE NOT FIXED OR DETERMINED BY US AND WE TAKE NO RESPONSIBILITY AS TO THE ACCURACY OR REASONABILITY OF THE BASE PRICE AND/OR THE RESERVE PRICE. ALL BIDS MADE BY YOU ON THE ELECTRONIC MEDIA FOR PURCHASE OF THE LOT ARE EXCLUSIVE OF APPLCABLE TAXES, LEVIES, CHARGES AND DUTIES AND YOU SHALL BEAR THE SAME OVER AND ABOVE THE PRICE BID BY YOU.
8.5. All Lots transacted on the Electronic Media will be subject to the relevant state Laws and in the event such Lots are not delivered to the buyer due to any restriction then we shall not be liable for the same.
8.6. WE SHALL NOT BE RESPONSIBLE FOR ANY PAYMENTS MADE BY THE BUYERS. WE SHALL COLLECT PAYMENTS ON BEHALF OF THE SELLERS FROM THE BUYERS ONLY AS AGENT OF THE SELLER. ALL PAYMENTS MADE ON OR THROUGH THE ELECTRONIC MEDIA SHALL BE IN ACCORDANCE WITH THE LAWS OF REPUBLIC OF INDIA AND THE PARTIES MAY BE REQUIRED TO SUBMIT IDENTITY PROOF AND OTHER SUPPORTING DOCUMENTS. BY CONCLUDING TRANSACTIONS ON THE ELECTRONIC MEDIA, THE BUYERS ARE AUTHORIZING COPART INDIA TO COLLECT, PROCESS AND REMIT THE PAYMENTS.
8.7. AT NO POINT IN TIME SHALL WE HOLD ANY RIGHT, TITLE OR INTEREST OVER THE LOT EXCEPT BY WAY OF POSSESSION OF THE LOT AS A BAILEE OF THE SAME. THE SALES OF THE LOTS WILL BE MADE BY US FOR AND ON BEHALF OF THE SELLER AND WE ARE NOT ENGAGING IN MULTI BRAND RETAIL TRADE. OUR BUSINEE IS MERELY OF PROVIDING AUCTIONEERING AND OTHER ANCILLARY SERVICES.
8.8. WE DO NOT TAKE THE RESPONSIBILITY TO DELIVER THE LOT AT THE DOOR STEPS OR OTHER DESTINATION OR BEAR THE CHARGES (SUCH AS OCTROI, INSURANCE, FREIGHT) FOR DELIVERY OR TRANSPORTATION OF THE LOT TO THE DESTINATION, AS MAY BE REQUESTED BY YOU, IN YOUR CAPACITY AS THE SUCCESSFUL BIIDER, WHICH MAY BE DIRECTLY DEALT BY THE TOWING COMPANY UNDER A BILATERAL ARRANGEMENT BETWEEN TOWING COMPANY AND YOU AS THE SUCCESSFUL BIDDER. HOWEVER, WE MAY RECOMMEND TO YOU, NAMES OF THE TOWING COMPANY WHICH COULD DELIVER THE LOT AT THE DESTINATION REQUESTED BY YOU.
9. HAZARDOUS WASTE
9.1 If you purchase Lots that may be considered “hazardous waste” it is your sole responsibility to ensure that you are aware of and fully compliant with any legislative requirements that may affect your purchase and/or transportation of such Lots, whether within India or abroad (if you intend to export such Lots). It is your sole responsibility to ensure that you comply in full with all local Laws relating to “hazardous waste”.
9.2 You promise that you (or any agent you appoint or third party you instruct to collect hazardous waste from our premises on your behalf) possess any necessary licences to carry out such activities.
10. FEES, PAYMENTS AND DELIVERIES
10.1 The buyer’s premium, member convenience, storage, loading, late payment, relisting, delivery, guest or other fees (“Fees”) applicable at each of our facilities may vary by location and are subject to change without notice. Current Fees for every location is displayed at our premises and/or on the Electronic Media. You are solely responsible for ascertaining the Fees applicable to each of our facilities and the Fees (if any) applicable to each purchase.
10.2 Unless expressly stated to the contrary by us in writing, upon the conclusion of a Contract of Sale you become liable to pay the purchase price for the Lot as stated in your bid along with the applicable taxes, duties, levies and charges (which shall be borne by you over and above the bid amount) (the “Price”) and any other Fees due in respect of that Lot. We will promptly after the conclusion of a Contract of Sale raise separate invoices for the Price and Fee due by you to us and send the same through e-mail. You, as a buyer, understand that upon initiating a transaction you are entering into a legally binding and enforceable contract with the Seller to purchase the Lot, you bid for, from the Seller, using the payment facility(ies) provided on the Electronic Media from time to time, and you shall pay to us the Price (as agents of the Seller) and the Fees through your issuing bank using the payment facility(ies). You may not solicit any third party to settle any invoice or pay any monies owing to us on your behalf. We shall be entitled to refuse to accept payment from anyone other than you in respect of any amounts owing to us by you.
10.3 We must receive the Price and all Fees due under a Contract of Sale in cleared funds (paid by such method as from time to time we have agreed to accept) within 2 (two) business days of conclusion of that Contract of Sale (“Date of Sale”). As at the date of these Terms and Conditions you may pay by electronic bank transfer, cheque, credit/debit card or cash (though we may apply limits from time to time on the maximum cash sum we will accept from you on any business day).
10.4 Where you have not made payment in accordance with Clause 10.3 above, you agree that we may, in our absolute discretion, cancel the Contract of Sale and offer the relevant Lot for re-sale without notice to you. In such case, you agree to pay the relevant relisting fee in force at the time. In the event an extension of time is granted to you for payment of the Price and the Fees, you shall remit the Price and Fees to us, along with interest at the rate of 6% per annum, from the Date of Sale till the date of actual payment. Further, in the event of your failure to make the payment of the Price as per Clause 10.3 above, we may in our sole discretion forfeit whole or part of the Security Deposit deposited by you at the time of becoming a Member. In such case, you shall be eligible to bid on any new Lot only after replenishing the amount of Security Deposit. If you cause an excessive number of Lots to be relisted, we may suspend or revoke your membership in our absolute discretion.
10.5 Rights and title as the Seller has to each Lot you purchase will transfer to you absolutely when we receive the Price and all applicable Fees in cleared funds, subject always to our or the Seller’s right to cancel any Contract of Sale and negate such title transfer in accordance with these Terms and Conditions.
10.6 You may collect each Lot you have purchased, from our premises (as specified), on the Date of Sale or within 7 (seven) days thereafter, though we will release it to you only when we have received full payment in cleared funds of all sums due in respect of that Lot. In the event of a further delay in the delivery/pick up, you will be liable to inform us at the time of sale and reimburse handling changes etc. incurred by us post the normal delivery/pick up schedule. When you collect Lots from us, you agree to comply at all times with our safe working procedures and site rules in force from time to time and to hold us harmless for any Loss or injury sustained as a result of your failure to do so.
10.7 You agree that if a Lot you purchase is (a) in an unroadworthy condition; or (b) otherwise cannot be used lawfully on the road; or (c) does not have a valid insurance certificate or any other certificate required by Law, then you shall not use that Lot and you shall not remove it (or cause it to be removed) from our premises.
10.8 Our and/or the Seller’s liability in respect of each Lot you purchase ends upon the transfer to you of such right and title as the Seller has and you are on risk for all risks from the moment of the concluded Contract of Sale for the purchase of each Lot. If so required by Law you must register yourself as the owner/keeper of each Lot you purchase from us. All fixed penalty notices and/or other legal demands, fees and charges relating to each Lot you purchase will be your sole responsibility from the Date of Sale of that Lot. If you fail to carry out any of these requirements we may suspend or revoke your membership in our absolute discretion.
10.9 Any Lot remaining uncollected on our premises post the Date of Sale shall be at your absolute risk from the Date of Sale and we accept no responsibility for any Loss howsoever caused to such Lot from the Date of Sale.
10.10 If a Lot remains uncollected on our premises 5 (five) calendar days after the Date of Sale, then you shall pay to us a storage fee for each day or part day thereafter. Where a storage fee has been incurred, we will not release that Lot until you pay us the storage fee and/or any other outstanding sums in full in cleared funds, except in cases where the Contract of Sale has been cancelled and the Lot has been offered for re-sale, in which case you shall pay us re-listing fee (if any). You agree that we may keep possession of such a Lot pending payment and you acknowledge and accept that we may have a lien (whether contractual, general or specific) over that Lot for this purpose.
10.11 Payments of the Prices are made to us on behalf of the Seller and we collect and process the payments as agents of the Seller. Our Fees is a separate component of the transactions and does not form part of the Price. Use of any payment facility available on the Electronic Media shall not render us liable or responsible for the non-delivery, non-receipt, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the Lots listed on the Electronic Media.
10.12 All payments made by you against the purchase of Lots/use of Services shall be compulsorily in Indian Rupees acceptable in the Republic of India. The payment facilities on the Electronic Media will not facilitate transaction with respect to any other form of currency with respect to the purchase of Lots or any Servcies availed.
10.13 While availing any of the payment methods for the completion of sale of the Lots, we will not be responsible or assume any liability, whatsoever in respect of any Loss arising directly or indirectly to you due to: (a) lack of authorization for any transactions; or (b) exceeding the preset limit mutually agreed by you and your banker; or (c) any payment issues arising out of the transaction; or (d) decline of transaction for any other reasons.
10.14 We reserve the right to refuse to process transactions by buyers with a prior history of questionable charges including without limitation breach of any agreements by buyer with us or breach/violation of any Law or any charges imposed by issuing bank or breach of any policy.
10.15 We may delay notifying the payment confirmation i.e. informing the Seller about receipt of the Price, if we deem suspicious or for buyers conducting high transaction volumes to ensure safety of the transaction and the Price. You and the Seller acknowledge that we will not be liable for any damages, interests or claims etc. resulting from not processing a transaction/Price or any delay in processing a transaction/Price which is beyond our control.
10.16 All valid credit cards and debit cards are processed using a credit card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the buyer and the respective issuing bank and payment instrument issuing company. All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank which support payment facility to provide the Services. All such online bank transfers on payment facility are also governed by the terms and conditions agreed to between buyer and the respective issuing bank.
10.17 You expressly agree and acknowledge that we will use your personal information (including financial information), provided by you to us, for the purposes of processing the payments (of Price and the Fees) and completion of the transaction of sale of the Lot which is the subject matter of a concluded Contract of Sale between you and the Seller.
11. MISCELLANEOUS PROVISIONS
11.1 You agree not to assign, transfer or novate your rights or obligations under these Terms and Conditions or in respect of any Lot you purchase to any person without our prior written consent. We may do so where we have a good reason.
11.2 We shall have no liability to you for any delay to performance (and the time for performance shall be and is extended accordingly) if that delay is due to circumstances beyond our reasonable control, including any delay or failure on part of the Seller to complete the transaction. If we grant you an indulgence on the performance of any obligation under these Terms and Conditions, such indulgence shall not constitute a waiver of any of our rights.
11.3 These Terms and Conditions contain the entire agreement between (a) you and us with regard to your use of the Electronic Media and availing of Services by you and your purchase of any Lot pursuant to the auctions or other facilities; and (b) you and the Seller with respect to any Lot you purchase through the Electronic Media by availing the Services. No representation of our employees, officers or agents shall represent an addition or amendment to these Terms and Conditions unless the same has been set out in writing and signed by one of our directors.
11.4 The Laws of India will govern these Terms and Conditions, the purchase of any Lot through our Services and any Contract of Sale concluded in accordance with these Terms and Conditions. By accepting to these Terms and Conditions you agree to irrevocably submit to the exclusive jurisdiction of the courts at New Delhi in respect of any disputes, acts, matters or controversies arising as a result of breach of these Terms and Conditions or the TOS. Failure on our part to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
11.5 No partnership, joint venture or relationship of employee/employer or franchisor/franchisee arises between you and us by reason of these Terms and Conditions.
11.6 In our discretion we may serve any notice or communication on you by email, fax or mail. In the case of notices sent by (a) fax, you will be deemed served at the time and date of dispatch and receipt of confirmation regarding successful transmission of the fax; (b) email, you will be deemed served at the time and date of receipt of such email by you; and (c) mail, you will be deemed served 5 (five) business days after dispatch of the same.
11.7 No person other than you has any rights under these Terms and Conditions or may enforce any terms of these Terms and Conditions.
11.8 Unless otherwise stated, all prices, Fees and other sums are quoted and payable in Indian Rupees (INR).
11.9 As part of the registration process you agree to receive such marketing and promotional materials via mail, sms, email and/or fax as we may deem appropriate to send you in connection with our Services.
11.10 We may at any time, without notice to you, set off any liability you owe us against any liability we owe you, whether any such liability is liquidated or unliquidated, under these Terms and Conditions,irrespective of the currency of its denomination. If the liabilities to be set off are expressed in different currencies, we may convert the amount of either liability at a market rate of exchange for the purpose of set-off. If you have (or we reasonably believe you have or are connected with) more than one account with us, we may use a positive balance in one of your accounts to set-off against any negative balance on another account. Any exercise by us of our rights under this clause 11.10 shall be without prejudice to any other rights or remedies available to us under these Terms and Conditions or otherwise.
11.11 You must pay all amounts due under these Terms and Conditions in full without any deduction or withholding and you shall not be entitled to claim set-off or to counterclaim against us in relation to the payment of the whole or part of any such amount.
12. YARD RULES
12.1 You must not undertake any repairs or alterations to Lots on our premises.
12.2 If you have told us the date on which you are going to collect a Lot you have purchased, any such Lot not collected and removed from our premises by 17.00 hours on that date will be returned to the secured storage area; and we will not release it to you until you have paid us an additional loading and storage fee in cleared funds.
12.3 Any person caught stealing, damaging or vandalising any Lot, parts, keys, or our property will be reported to the authorities.
12.4 Where permitted by law, our premises are protected by electric fencing and other security measures. You must not touch or otherwise interfere with such fences or other security measures: if you do, you do so at your own risk.
13. GRIEVANCE OFFICER
13.1 In accordance with the provisions of the Information Technology Act, 2000 and rules made thereunder, the name and contact details of the grievance officer are provided below:
Email: [email protected]
14 “BUY IT NOW” SALES
14.1 We may offer some Lots for purchase outside our usual auction through your use of
our “Buy It Now” facility. These Terms and Conditions shall apply (as permitted by law) to all Buy It Now sales, with the provisions of this clause 14 taking precedence over any conflicting provisions elsewhere in these Terms and Conditions.
14.2 When you place a Buy It Now order to purchase a Lot, that order represents your offer to purchase the relevant Lot at the advertised price. Your offer is only accepted when we send e-mail confirmation to you that we have accepted your offer (the “Offer Acceptance E-mail”). Acceptance will be complete at the time we send the Offer Acceptance E-mail to you.
14.3 We will not be held responsible if, for any reason outside our reasonable control,
either your offer and/or the Offer Acceptance E-mail does not reach its intended destination or is delayed.
14.4 YOU ARE BUYING LOTS IN YOUR CAPACITY AS A TRADE MEMBER, SO CONSUMER PROTECTION LAWS DO NOT APPLY TO BUY IT NOW PURCHASES AND ALL IMPLIED TERMS (STATUTORY OR OTHERWISE) ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL BUY IT NOW SALES ARE FINAL – RETURNS ARE NOT ACCEPTED – AND ARE MADE ON AN “AS IS, WHERE IS” BASIS. IT IS YOUR SOLE RESPONSIBILITY TO MAKE ALL NECESSARY ENQUIRIES AND INSPECTIONS TO SATISFY YOURSELF AS TO A LOT’S STATUS, CONDITION AND HISTORY BEFORE MAKING A BUY IT NOW OFFER. THE PROVISIONS OF CLAUSE 8 APPLY IN FULL TO BUY IT NOW PURCHASES.
14.5 Unless stated otherwise, all Buy It Now prices are exclusive of VAT (at the applicable prevailing rate) and our Fees. Payment terms for Buy It Now purchases are the same as for auction purchases and are set out in clause 10.3.
14.6 We may at our discretion cancel your Buy It Now order, either before or after acceptance. If we cancel your Buy It Now order after you have made payment in respect of that order, we will refund the sums you have already paid.