TERMS ANDCONDITIONS
1. GENERAL INFORMATION:
1.1 This website www.autoauctionindia.com (the"Website") and the auction service provided on the Website areoperated by Diamond Autotech Solution Pvt Ltd ("DASPL"), a companyincorporated in India (Corporate Identity Number U50401DL2010PTC210082) whoseregistered office is at 404, 4TH FLOOR, USHA KIRAN BUILDING,AZADPUR, NEW DELHI, and County India.
1.2 The Website is the sole property of DASPL. Andall intellectual property rights in the Website belong exclusively to it or itslicensors. Any trademarks used on the Website but belonging to a third partyremain the property of that third party.
1.3 You must be a registered user (a"Bidder") to place bids and buy vehicles on this Website.
1.4 You should read these Terms and Conditionscarefully before completing your application to be a Bidder and if you do notaccept the Terms and Conditions, you should not register for the auctionservice and should cease to access the Website.
1.5 On registration as a Bidder you accept that theseTerms and Conditions will create a legally binding contract between you andDASPL. You will re-affirm that agreement every time you log in, or bid, or makeuse of any of the services on the Website.
1.6 These Terms and Conditions may change withoutnotice and it is your responsibility to check the Terms and Conditions eachtime you access the Website or enter an auction.
1.7 No agent or employee of DASPL or of a Seller hasthe authority to vary or agree any variations to these Terms and Conditionsexcept as expressly provided below.
2. REGISTRATION ANDOBLIGATIONS OF THE USER:
2.1 You must register with Auto Auction India beforeusing the Website or placing any bids, however you can browse the Websitewithout registering. You must complete an on-line registration form toregister.
2.2 You must need to deposit for membership ?.1499/-(none Refundable) and for participate in auctionSecurity money (EMD) deposit ?.20000/-.
2.3 Comply with all requests DASPL may make forproof of identity and references as to character and/or financial standing.
2.4 On approval of your application to register as aBidder, DASPL will provide you with your user ID and password to confirm yourregistration. You are responsible for all actions taken under your user ID.
2.5 Your user ID is not transferable and you shouldnot allow others to use it or disclose or make available your password to anyother person.
2.6 DASPL reserves the right to decline anyapplication, and to terminate your registration at any time, with or withoutnotice or cause and in its entire sole discretion.
2.7 Without limiting any other remedies of DASPLunder these Terms and Conditions, DASPL may suspend and/or terminate yourregistration if DASPL has any reason to suspect that you have engaged in, orhave in any way been involved in or linked to any fraudulent activity inconnection with any auction or your use of the Website or that you have misusedthe Website or the bidding process or breached your obligations under theseTerms and Conditions.
2.8 The registration is complete and the contractbetween you and DASPL formed when DASPL sends this e-mail to you. You will notbe allowed to place bids until your account is activated and DASPL reserves theright to refuse to register you and activate your account for any reasonwhatsoever. You must be over 18 to use the Website and applications to registerfrom those under 18 will be refused.
2.9 If any of the information you give us isincorrect or changes, you must notify us immediately by contacting us with thecorrected information.
2.10 Youmay not disclose to or share your password with any third parties or use yourpassword for any purpose other than using the Website in accordance with theseTerms and Conditions.
2.11 Youmust not attempt at any time to do anything which interferes with the properworking of the Website or of any auction or which will put an unreasonable ordisproportionately large load on the Website's infrastructure.
2.12 Youshall not use the Website to transmit or store material which is obscene,racist, threatening, menacing, offensive, defamatory, and abusive, in breach ofconfidence, in breach of any intellectual property right or which is in breachof any applicable law.
3. DESCRIPTION OF LOTS AND EXCLUSION OFWARRANTIES:
3.1 Each auction sale will consist of one lot("Lot"). A Lot may consist of one or more salvaged vehicles or totalloss vehicles or vehicle parts and any vehicle in a Lot may be in a damaged orincomplete condition and/or may have been determined to be a total loss.
3.2 All vehicles (and/or parts) are sold in theircurrent state and location with all faults and imperfections and errors ofdescription except where expressly stated otherwise.
3.3 All photographs and illustrations of any Lots(or parts thereof) shown on the Website or in any catalogue or brochure are foridentification only and neither DASPL nor the Seller of any Lot gives anywarranty that any photograph or illustration of a Lot (or part thereof) is inany way an accurate or full depiction of the state or condition of the Lot (orpart thereof) whether at the time of sale or at any time after publication.
3.4 Bidders should satisfy themselves prior to saleas to the origin, description, suitability, age, mileage, durability,completeness, operability, state and condition of each Lot and should exerciseand rely on their own judgment as to the condition and quality of the Lot andwhether the Lot conforms to its description and whether the Lot is suitable forthe Bidder's purpose.
3.5 It is the sole and exclusive responsibility ofthe successful Bidder to ensure that any vehicle purchased is in a roadworthycondition before the vehicle is used or re-sold and Bidders are stronglyadvised personally to inspect Lots and/or seek professional guidance beforemaking any bids.
3.6 The Seller may in its sole discretion, notifythe Driver Vehicle Licensing Authority of the change of ownership of a Lot tothe Buyer. The name and address so notified shall be the full name and addressprovided by the Buyer on registration as a Bidder.
4. BIDDING PROCESS:
4.1 DASPL may act as agent for a Seller or maywholly or partly own any Lot as principal and where DASPL acts as agent for theSeller DASPL shall not be responsible for any default by the Seller.
4.2 Any Bidder shall be deemed to act as principalunless there is in force a written acknowledgment by DASPL that the Bidder actsas agent on behalf of a named principal.
4.3 DASPL or the Seller may in its absolutediscretion at any time withdraw any Lot from the auction and refuse or rejectany bid without giving any reason and in case of dispute shall have the rightto put up for auction again any such Lot. No responsibility is accepted by DASPLor the Seller for any loss or costs incurred by any Bidder in respect of anyaction taken by DASPL or the Seller under this clause.
4.4 DASPL or a Seller shall be entitled prior to anyauction to place a reserve price (an undisclosed minimum selling price) on anyLot. If there is a reserve price on a Lot this will be identified on the FindVehicle page entry in respect of that Lot by signifying whether or not thereserve has been met or exceeded at the time when the Bidder accesses that FindVehicle page.
4.5 Each bid made by a Bidder shall constitute an offerwhich is legally binding on the Bidder.
4.6 Subject to these Terms and Conditions, thesuccessful Bidder shall be the Bidder, whose accepted bid has, whereapplicable, met or exceeded the reserve price and is the highest bid. Anydispute as to any bid or sale shall be settled by DASPL at its absolutediscretion.
4.7 Subject to these Terms and Conditions if onconclusion of the bidding process the Bidder's bid is successful, such bidshall form a contract for sale between the successful Bidder("Buyer") and the Seller, which unless otherwise specified in writingby the Seller, shall incorporate these Terms and Conditions (each a"Contract").
5. On conclusion of the bidding process DASPL shallnotify the Buyer by email (the "Notification") to confirm:
5.1 That their bid has been successful;
5.2 The name, address and contact details of theSeller;
5.3 The Buyer shall at its own expense:
5.4 Pay to the Seller in cleared funds the purchaseprice together with all Charges and any VAT applicable.
5.5 The Buyer shall be responsible for any removal,storage and insurance charges payable on any Lot not collected within 5 workingdays after the date of the conclusion of the approval.
5.6 The Buyer shall be responsible for complyingwith all legal requirements as to the construction and use of any vehicle andfor obtaining all certificates, permits or other authorizations required inorder for that vehicle to be used on any road or elsewhere.
5.7 If the Buyer intends to break up a vehicle forspare parts, the Buyer shall be responsible for complying with all applicableguidelines, regulations and legislation in respect thereof.
6. If the Buyer fails to pay for any Lot infull or to collect a Lot, or if there is any other breach by the Buyer of theterms of any Contract, the Seller/DASPL shall be entitled in its absolutediscretion and without prejudice to any other rights it (or they) may have toexercise one or more of the following rights and remedies:
6.1 Proceed against the Buyer for damages for breachof contract;
6.2 Rescind the sale of that or any other Lot soldto the Buyer;
6.3 Resell the Lot or cause it to be resold bypublic auction or private sale. The Buyer shall pay to the Seller any resultingdeficiency in the purchase price at the second auction after deduction of anypart payment and addition of any additional costs of resale. Any surplus shallbelong to the Seller;
6.4 remove, store (either at the Seller's or DASPL'spremises or elsewhere) and insure the Lot at the Buyer's expense;
6.5 Charge interest on the purchase price at a rateof 12.5% per annum above the base rate of Reserve Bank of India to the extentthat it remains unpaid for more than 5 working days after the day of theauction approval. Such interest shall accrue on a daily basis from the due dateuntil the date of actual payment of the overdue amount, whether before or afterjudgment;
6.6 Retain that and/or any other Lot sold to theBuyer at the same or any other auction and release it only after payment of thepurchase price plus any interest;
6.7 Suspend or terminate the Buyer's participationin any further auctions on the Website;
6.8 Cancel the Buyer's registration.
7. LIABILITY:
7.1 The provisions of this clause shall apply wherethe Bidder bids or Buyer buys as a consumer (ie other than in the course ofbusiness) ("Consumer") subject to which clause, this clause shall beapplied to the fullest extent permissible by law.
7.2 Neither the Seller nor DASPL guarantees that thesubmission of any bids and or the processing of any sale on-line or otherwisewill be conducted in a fault free manner. DASPL does not guarantee to maintaincontinuous operability or service of the Website.
7.3 Nothing in these Terms and Conditions shalllimit in any way the Seller's or DASPL's liability for:
7.4 Death or personal injury caused by itsnegligence; or
7.5 Any fraudulent misrepresentations made by it; or
7.6 Any matter for which it would be unlawful forthe Seller or DASPL (as the case may be) to exclude, or attempt to exclude, itsliability.
7.7 To the maximum extent permissible in law,neither the Seller nor DASPL, or their directors, employees or affiliates shallbe liable in contract or tort or otherwise for any indirect, special,incidental, or consequential damages whatsoever, or for loss of profits or anyother pecuniary or other loss whatsoever arising from or in connection with theuse misuse or inability to use this Website or otherwise under or in connectionwith any of these Terms and Conditions or any Contract.
7.8 Neither the Seller nor DASPL will be liable orresponsible for any failure to perform, or delay in performance of, any of itsobligations under any contract incorporating these Terms and Conditions or anyContract that is caused by events outside its reasonable control.
7.9 The Website offers a venue to trade in motorvehicles and associated goods and services. DASPL does not own any of thevehicles which are placed for sale on the Website and does not accept paymentfor any vehicle. Any payments made to DASPL are made exclusively for theprovision of services by DASPL. As such, the Website is purely an advertisingmedium and so far as is permitted in law, DASPL accepts no liability for anyitems or service advertised on or supplied through the Website.
7.10 Picturesand descriptions are by their nature general indications and DASPL makes nowarranty that any picture or description of any item is accurate or complete.Users are strongly advised to view any vehicle or other item before bidding oragreeing to purchase it. Any warranty as to the suitability, satisfactoryquality, fitness for purpose or roadworthiness of any item is hereby expresslyexcluded so far as is permitted in law and it is your responsibility to ensurethat any vehicle you buy is roadworthy before using or reselling the vehicle.It is also your responsibility to ensure that any vehicle purchased has allappropriate documentation and complies with all applicable laws and regulationsbefore selling or using the vehicle.
7.11 DASPLaccepts no liability for any feedback placed on the Website by any user orother person about any person or for any losses of whatever kind arising fromthat feedback.
7.12 DASPLdoes not guarantee continuous, uninterrupted or secure access to our services,and operation of the Website may be affected by numerous factors outside of ourcontrol. DASPL accepts no liability to you for any losses of whatever nature youmay incur as a result of any aspect of the Website being unavailable for use ornot operating in the way you would expect. In particular, DASPL accepts noliability for any losses incurred by you as a result of any bid orcommunication not being received at the Website or by any party advertising anitem or service via the Website.
7.13 DASPLreserves the right to withdraw any auction item or advertisement from theWebsite at any time for any reason and without notice to you.
7.14 Nothingin these Terms and Conditions shall be construed as seeking to excludeliability of DASPL for death or personal injury caused by its negligence.
7.15 If,notwithstanding the above, the Seller is found liable to you, a Bidder or theBuyer or to any third party, the Seller's liability shall be limited either tothe total amount payable to it by way of purchase price in respect of the Lotwhich is the subject of the claim giving rise to such liability.
8. ACCOUNTS:
8.1 All bids and payments must be in Indian Rupees (INR)and are payable in advance in accordance with the payment terms set out here. Thereis a maximum charge of ? 5000/-each approved vehicle, charge pay by the buyer.
8.2 VAT will, where appropriate, be charged extra atthe appropriate rate in force at the time of the winning bid and will becalculated according to the amount of the winning bid.
8.3 Any buyers bidding for items who are residentoutside India shall be responsible for any extra costs or charges which may beincurred as a result of them residing outside India, for instance any localtaxes, levies or customs duties, any shipping and insurance charges and anyother charges or costs associated with the importation or exportation ofvehicles.
9. CHARGES:
9.1 If you cancel your Bid the security fee will notbe refunded.
9.2 Membership fees ?1499/- are none refundable under any circumstances.
9.3 Membership Fees Paid once time by every member.
9.4 Once your membership fee has been processed youwill have life time membership. This payment will not repeat. All contactdetails are on contact us page. Any member had previously defaulted on apurchase and now he want to participate in any auction, he must be depositsecurity money ? 30000/-in our bank account.
9.5 When you have a winning bid on vehicle Adminfees of ? 5000.00 will becharged from you.
9.6 Vehicle must be collected within 5 days afterapproval date, if they are not collected, any deposits will be forfeited &vehicle will be disposed of.
9.7 Late payment charge of up to ? 300.00 per day where paymentis not received in full within 5 working days of the date of auction approval.
9.8 A storage charge of up to ? 300.00 per day where paymentis not received in full within 5 working days;
9.9 A re-listing fee of ? 2000.00 if the vehicle is not collected within 7days of the date of the Notification;
9.10 Whereexpressly agreed between the Seller and the Buyer, a delivery fee in respect ofthe delivery of the Lot to the Buyer.
9.11 TheSeller shall have the right to increase any or all of the above charges withoutnotice and the Buyer should seek written confirmation of the charges that maybe applied to any individual purchase at the time it places a bid, or becomesaware that it might incur a charge.
9.12 VATor any other tax on supplies will be added to the purchase price and anyCharges at the prevailing rate where applicable.
9.13 Allpayments must be in Demand Draft/Pay Order/Banker’s Cheque unless otherwiseagreed with the Seller.
10. RISK AND TITLE:
10.1 Theownership of the Lot shall not pass to the Buyer until the Seller has receivedpayment in full with cleared funds.
10.2 Riskin the Lot shall pass to the Buyer as soon as the Lot is sold.
10.3 Neitherthe Seller, DASPL or their employees or agents shall be responsible for anyloss or damage of any kind, whether caused by negligence or otherwise, whileany Lot is in their custody or under their control following the sale.
10.4 Wherethe Buyer has obtained possession of a Lot before payment in full has beenmade, the Buyer acknowledges and declares that it holds the Lot on a fiduciarybasis as mere bailee for the Seller and shall store the Lot (at no cost to theSeller) clearly marked to identify it as the Seller's property and grants tothe Seller the right to enter upon any premises where the Lot is located orbelieved to be located for the purposes of recovering the Lot.
11. PRIVATE ENTRY AUCTIONS:
11.1 Youmust not offer for sale, sell, and offer to buy, bid for or buy any item whichit is illegal to do so according to the laws of India. DASPL accepts noliability for any item listed on the Website for sale or any damages or lossesincurred as a result of the sale/purchase or use of any such items. You arestrongly recommended to inspect any vehicle and contact the seller with anyquestions you may have before making a bid.
11.2 Ifyou are the winning bidder in an auction you must contact the seller within 48hours from date/time of approval to arrange for payment and delivery. You havea legal obligation to complete the transaction and DASPL may take actionagainst you should you choose not to do so. If you are the winning bidder andyou fail to contact the seller within 48 hours from date/time of approval, theseller may also register a “non paying bidder alert” which may have an adverseeffect on your ability to use the website.
11.3 Ifyou are a buyer, once you have made a bid you may not retract it and you arebound to complete and pay the amount bid together with any relevant taxes andfees if that bid is the winning bid. If you are a seller, once an auction iscompleted you are bound to complete and sell the vehicle in question. Anyseller withdrawing from an auction after it has completed will be liable to DASPLfor all the listing fees and administrative fees applicable to the sale of thevehicle.
11.4 Ifyou choose not to complete the transaction the DASPL may, in addition to takingaction against you, offer the vehicle to other bidders in the auction (and seekto recover the difference in the amounts of the bids from you) or cancel thecontract without any liability to you. Both sellers and buyers should be awarethat withdrawing from any auction may result in another person placing negativefeedback onto the Website about you which may affect your ability to enter intotransactions in the future.
11.5 Itis your responsibility to review the on-going status of any bid you make. Youshould not rely on our automated e-mail or SMS system to keep you updated and DASPLcan accept no liability for any losses incurred as a result of a lost ordelayed e-mail or SMS update.
11.6 Byplacing a vehicle on the Website for auction sellers undertake that thatvehicle is not simultaneously available for sale through any other medium oroutlet.
11.7 DASPLreserves the right to remove any details or pictures of any auction from itsservers at any time after the auction has closed in order to free up space onits servers.
12. ADVERTISEMENTS:
12.1 Sellersare solely responsible for the accuracy, legality and completeness ofadvertisements on the Website and for ensuring that such advertisements do notinfringe the rights of any third party and do not contain any defamatorymaterial and DASPL accepts no liability for any listing on the Website.
12.2 DASPLreserves the right to remove any classified advertisement from the Website forany reason without notice and without liability to any person.
12.3 Inplacing an advertisement on the Website you warrant to DASPL that it isaccurate, legal and complete, does not infringe the rights of any third partyand does not contained any defamatory material.
13. FIND VEHICLE SECTION:
13.1 Allvehicles offered for sale through the Find Vehicle Section of the Website areowned and offered for sale by Seller.
13.2 Thedescription(s) of the vehicle damage are general indications only and areunlikely to be entirely accurate. Unless specifically stated otherwise, the Selleroffers the vehicles in their current state with no warranty whatsoever as tocondition, roadworthiness, or recorded mileage. The vehicles are offered in adamaged or incomplete condition having been the subject of an Seller total lossand the Seller and DASPL expressly exclude any warranty as to the suitability,satisfactory quality, or fitness for any purpose of any vehicle purchased sofar as is permitted in law. It is the responsibility of the successful bidderto ensure that the vehicle is in a roadworthy condition before the vehicle isused or re-sold. Both the Seller and DASPL strongly advise you to inspect thevehicle and contact to the consult person with any questions you may havebefore making a bid. If you wish to view any vehicle you may contact thestorage agent or the Seller and they will tell you where it can be viewed.
13.3 TheSeller and DASPL reserve the right to cancel any auction being conducted on theFind Vehicle Section of the Website at any stage before the close time.
14. ALL AUCTIONS ARE ON POST APPROVAL:
14.1 Oncethe auction closes you will receive an Auction Pending email this not proof ofpurchase, it is simply notification of an auctions Pending Status. Onceapproved the item is classed as sold by Seller then you'll receive your AuctionWon email.
14.2 Therecorded mileage/damage has not been verified please look at photos for exactdamage such as suspension etc. The accuracy of this information cannot berelied upon.
15. PAYMENT DETAILS:
15.1 Fullpayment deposit within 72 hours & admin charges deposit within 5 days, anypayments accepted by demand draft/pay order/banker’s cheque. Admin charge may acceptin cash/cheque.
15.2 Parkingwill be free for 7 days after the vehicle approved date, and then it will becharged at ? 300.00 a day.
15.3 Theclose time is a guide ending time & is not set in stone, if you bid withinthe last 3 minutes of the auction it will be extend by another 3 minutes as itis a live auction not closed bids.
15.4 Youwill bring winning e-mail with you on collection of item.
15.5 Thebuyer is required on delivery or collection of item/s to inform the Team-AutoAuction India of any problems. Compensation & Refunds will not be givenafter this day, as it will be deemed the buyer has accepted the item/s, Thebuyer should also be aware if he has nominated a third party to receive orcollect the car it is then this third party persons responsibility to check theitem/s on your behalf.
16. PRIVACY:
16.1 DASPLhas a firm commitment to only deal with your personal data in accordance withthe Indian Data Protection Act 2008 under Sections 43A and 72A and our Privacy Policy.By submitting your personal data to us you are deemed to have read and acceptedthe terms of the Privacy Policy.
17. INDEMNITY:
17.1 TheBuyer agrees to indemnify and hold the Seller and DASPL harmless from andagainst any third party claims, demands, action or causes of action arising outof or in connection with the Buyer's use, resale or disposal of any vehiclepurchased pursuant to a Contract.
18. INTELLECTUAL PROPERTY RIGHTS:
18.1 TheWebsite is the sole property of DASPL and all intellectual property rights onthe Website belong exclusively to it or its licensors.
18.2 Anytrademarks used on the Website but belonging to a third party remain theproperty of that third party.
19. NOTICES:
19.1 Exceptas explicitly stated otherwise, any notices given by you by e-mail should beaddressed to info@autoauctionindia.com. Any notices given by us to you will beaddressed to your registered e-mail address. Such notice shall be deemed tohave been given and received 24 hours after the e-mail is sent, notwithstandingthe fact that the sending party may be notified that the e-mail address isinvalid for any reason (including the possibility that the e-mail address inyour registration details is incorrect or out of date). Alternatively, DASPLmay give you notice by registered post to the address provided to us during theregistration processes and you may give us notice by registered post to ourregistered office. In such case, notice shall be deemed to have been given andreceived 3 days after the date of mailing.
20. VARIATIONS:
20.1 DASPLreserves the right to vary these Terms and Conditions from time to time. Suchchanges shall either be notified to you by e-mail or posted on the Website.Such changes in this manner shall be deemed to have been accepted by you if youcontinue to use the Website after a period of two weeks from the date oftransmission of the e-mail or of the posting on the Website, whichever occurslater.
21. ENTIRE AGREEMENT:
21.1 TheseTerms and Conditions, any Contract and any document expressly referred to inthem represent the entire agreement between us in relation to the subjectmatter of any contract between us and supersede any prior agreement,understanding or arrangement between us, whether oral or in writing.
21.2 TheBuyer acknowledges that, in entering into any Contract, it has not relied onany representation, undertaking or promise given by the Seller or DASPL (as thecase may be) or be implied from anything said or written in negotiationsbetween it and the Seller or DASPL (as the case may be) prior to such Contractexcept as expressly stated in these Terms and Conditions.
21.3 TheBuyer shall have no remedy in respect of any untrue statement made by theSeller or DASPL or any of its Agents, whether orally or in writing, prior tothe date of any Contract (unless such untrue statement was made fraudulently).
22. SEVERABILITY:
22.1 Ifany of these Terms and Conditions or any provisions of the Contract aredetermined by any competent authority to be invalid, unlawful or unenforceableto any extent, such term, condition or provision will to that extent be severedfrom the remaining terms, conditions and provisions which will continue to bevalid to the fullest extent permitted by law.
23. RIGHTS TO ASSIGN:
23.1 TheSeller or DASPL (as the case may be) may assign its rights under these Termsand Conditions or any Contract by notice to you without your consent. You maynot assign your rights under these Terms and Conditions without DASPL's consentor any Contract without the Seller's consent which shall not be unreasonablywithheld.
24. WAIVER AND CUMULATIVE REMEDIES:
24.1 Ifa Seller or DASPL (as the case may be) fails to insist upon strict performanceof any of your obligations under a Contract or these Terms and Conditions, orif the Seller or DASPL (as the case may be) fails to exercise any of the rightsor remedies to which it is entitled under a Contract or these Terms andConditions, this shall not constitute a waiver of such rights or remedies andshall not relieve you from compliance with such obligations
25. DISPUTE RESOLUTION:
25.1 Anydispute arising between parties out of the terms or privacy policy the samewill be referred to Sole Arbitrator mutually appointed by M/s DASPL and theother party in accordance with provisions contained in Arbitration andConciliation Act, 1996 in force in India. The decision of Sole Arbitrator willbe final, conclusive and binding on both the parties. The arbitrationproceedings shall be held at New Delhi, India and the language of arbitrationproceedings and all other documents and communication between parties shall beEnglish. Each party shall bear own expenses with respect to any arbitration.
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