About security deposit
Prior to participation in Sogo Auction, all company shall remit JPY500,000 as deposit.
The deposit of JPY500,000 will be offset against the successful bidding amount.
About a successful bid and a successful bid product
The Exhibition Machines will be sold as presented. All bidder must inspect them during the inspection period by themselves. For safety reasons, the machines cannot be inspected during the auction. Any complaints cannot be accepted.
The Auctioneer shall have the authority at his own discretion to put any lots of the Exhibited Machines back to auction again after it was once auctioned, if he judges it to be required by unavoidable circ*mstances.
In this case, the Successful Bidder and price of the final auction shall be approved as a formal contract.
Result of previous ones shall be cancelled.
In case of External Bid, there might be difference between setting bid price and actual bid price.
Disclaimer of Liability for Non-Conformance to Contracts of Kinds, Quality, etc.
The Auctioneer shall assume no responsibility in contract if the any details written on a list of the Exhibited Machines differ from or the actual type or conditions. The Auctioneer shall assume no responsibility for claim for repairs, damages or abatement of the successful bidding amount.
After the auction, the Auctioneer is not liable for machine damage (such as oil-leakage, dead battery, rust) due to passage of time or change of weather.
Buyers will be automatically charged for repair of these damages if needed for transport and shipment.
Company name and Trademark as Trademark Registration can be peeled off without Buyer’s consent after the auction.
All information in the Exhibition Machinery List and the Inspection Sheet shall be reference purpose only. The Auctioneer makes no warranty of their accuracy.
Payment and collection
After the auction, no cancellation can be acceptable for any reason.
In the event the Buyers fail to pay 100% of the amount within a week after the auction date, the Buyer shall be required to pay to the Auctioneer 20% of Successful Bidding amount immediately as penalty possibly through a legal procedure.
JPY 500,000 as a deposit shall be required in case the Buyer could not pay the amount within a week even if the Buyer already has Sogo Auction membership.
Successful bidders are required to pay a transaction fee of JPY 10,000 per lot.
Cost of disassembly (and packing) required by law for transport (ex. blade of bulldozer, boom/weight of crane, ROPS/CAB/bucket of Loader) shall be charged to the Buyer.
The Successful Bid Machines must be carried out within 2 weeks after the auction day.
Thereafter additional charge of 1,000yen/day will be charged for storage fee
It depends on auction site that the carry out fee will be charged.
JPY 45,000/day will be charged as loading fee to pick up the parts for crawler crane if they are stored at the other site.
JPY 1,000/day will be charged as storage fee for the parts for each unit.
Timing of ownership transfer
Once the Auctioneer confirms receipt of the payment from the Successful Bidder, the ownership of the item purchased at the Auction shall be transferred from the Seller to the Buyer.
About registration documents
The Buyer must complete Transfer of Registration or Deregistration within an expiration date of Certificate of Registered Seal or one month after receiving the documents if the buyer purchases the Exhibit Vehicle with Automobile Inspection Certificate and Number Plate. A set of copy must be sent to the Auctioneer.
If the registration is not completed within the deadline, 10,000yen/ week will be charged for penalty of delay.
If the document has to be re-arranged due to Buyer’s negligence, 50,000yen per document will be charged. In some case the document may not be available.
The Recycle Deposit fee shall be charged on the Buyer who purchase the Vehicle with a Recycle Ticket.
The Buyer must pay the Automobile Tax the period of the end of month auction was held to the end of year, based on the amount of the Seller has paid.
About export control
When using or exporting the auctioned machine outside of Japan, It is the buyer’s own responsibility to make sure the machine will not have any affiliation with weapons of mass destruction and follow the Export Administration Act.
Exclusion of Anti-Social Forces
Exclusion of Anti-Social Forces
If a Buyer, whether an individual or an organization, falls under crime group, a related company of crime group, the Auctioneer may refuse its admission, refuse its participation in the Auction, or cancel its exhibition or successful bid without any prior notice. In such case, the Auctioneer shall have no obligation to compensate for any damage incurred by the Buyer and Buyer shall have the obligation to compensate the Auctioneer for any damage incurred by it.
Disclaimer
The Auctioneer shall assume no responsibility for any damage incurred to Buyer due to provision of information, or any delay, change, cancellation, or closure of the Auction.
Liability
The Auctioneer shall compensate for any theft of or any damage to the machine or vehicle that occurs during the period of the Auction, which is from the time such machine or vehicle is carried into the auction site to the time when it is carried out from the auction site. However, the Auctioneer shall not compensate for any theft of or damage to any machine or vehicle abandoned at the auction site during such period or any other machines or vehicles for which due procedures have not been followed or any damage caused by an earthquake, hail, heavy snow, flood or any other natural disaster or any other reason not attributable to the Auctioneer.
Governing law
The laws of Japan govern the conclusion, validity, performance and interpretation of these Agreements.
Consultation and Jurisdiction
If any doubt arises in relation to matters not stipulated in these Rules or the interpretation of these Rules, the Auctioneer and Bidder shall discuss in good faith for solution. The transactions with the Auctioneer, operation of the Auction and any other matter regarding these Rules shall be interpreted in accordance with the laws of Japan. The parties agree that the Tokyo District Court or the Tokyo Summary Court shall have exclusive jurisdiction for the first instance over any dispute arising from or relating to these Rules or the Auction.
Revision of these Terms
The Auctioneer may amend the Agreements if it deems necessary and appropriate for the operation thereof. In such case, the rights and obligations of the Consigners and Buyers and any other terms and conditions regarding the operation and management of the Auctioneer shall be in accordance with the amended Rules.
Obligation to pay attention to safety
Attendees of Unreserved SOGO Auction must be responsible for their own safety. SOGO Corporation will not be responsible for any injuries, accidents, or theft at the event.
