Terms & Conditions

GENERAL INFORMATION:

This website www.autoauctionindia.com (the"Website") and the auction service provided on the Website are operated by Diamond Autotech Solution Pvt Ltd ("DASPL"), a company incorporated in India (Corporate Identity Number U50401DL2010PTC210082) whose registered office is at 404, 4TH FLOOR, USHA KIRAN BUILDING,AZADPUR, NEW DELHI, and County India.

The Website is the sole property of DASPL. And all intellectual property rights in the Website belong exclusively to it or it's licensors. Any trademarks used on the Website but belonging to a third party remain the property of that third party.

You must be a registered user (a"Bidder") to place bids and buy vehicles on this Website.

You should read these Terms and Conditions carefully before completing your application to be a Bidder and if you do not accept the Terms and Conditions, you should not register for the auction service and should cease to access the Website.

On registration as a Bidder you accept that theseTerms and Conditions will create a legally binding contract between you and DASPL. You will re-affirm that agreement every time you log in, or bid, or make use of any of the services on the Website.

These Terms and Conditions may change without notice and it is your responsibility to check the Terms and Conditions eachtime you access the Website or enter an auction.

 No agent or employee of DASPL or of a Seller has the authority to vary or agree any variations to these Terms and Conditions except as expressly provided below.

REGISTRATION AND OBLIGATIONS OF THE USER:

You must register with Auto Auction India before using the Website or placing any bids, however you can browse the Website without registering. You must complete an on-line registration form to register.

You must need to deposit for membership Rs.1499/-(None Refundable) and for participate in auction Security money (EMD) deposit Rs.20000/-.

Comply with all requests DASPL may make for proof of identity and references as to character and/or financial standing.

On approval of your application to register as a Bidder, DASPL will provide you with your user ID and password to confirm your registration. You are responsible for all actions taken under your user ID.

Your user ID is not transferable and you shouldnot allow others to use it or disclose or make available your password to anyother person.

DASPL reserves the right to decline any application, and to terminate your registration at any time, with or without notice or cause and in its entire sole discretion.

Without limiting any other remedies of DASPL under these Terms and Conditions, DASPL may suspend and/or terminate your registration if DASPL has any reason to suspect that you have engaged in, or have 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 misused the Website or the bidding process or breached your obligations under theseTerms and conditions.

The registration is complete and the contract between you and DASPL formed when DASPL sends this e-mail to you. You will not be allowed to place bids until your account is activated and DASPL reserves the right to refuse to register you and activate your account for any reason whatsoever. You must be over 18 years to use the Website and applications to register from those under 18 years will be refused.

If any of the information you give us is incorrect or changes, you must notify us immediately by contacting us with the corrected information.

You may not disclose to or share your password with any third parties or use your password for any purpose other than using the Website in accordance with these Terms and Conditions.

You must not attempt at any time to do anything which interferes with the proper working of the Website or of any auction or which will put an unreasonable or disproportionately large load on the Website's infrastructure.

You shall 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 breach of any applicable law.

DESCRIPTION OF LOTS AND EXCLUSION OF WARRANTIES:

Each auction sale will consist of one lot ("Lot"). A Lot may consist of one or more salvaged vehicles or total loss vehicles or vehicle parts and any vehicle in a Lot may be in a damaged or incomplete condition and/or may have been determined to be a total loss.

All vehicles (and/or parts) are sold in their current state and location with all faults and imperfections and errors of description except where expressly stated otherwise.

All photographs and illustrations of any Lots (or parts thereof) shown on the Website or in any catalogue or brochure are for identification only and neither DASPL nor the Seller of any Lot gives any warranty 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 (or part thereof) whether at the time of sale or at any time after publication.

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 and whether the Lot conforms to its description and whether the Lot is suitable forthe Bidder's purpose.

It is the sole and exclusive responsibility ofthe successful Bidder to ensure that any vehicle purchased is in a roadworthy condition before the vehicle is used or re-sold and Bidders are strongly advised personally to inspect Lots and/or seek professional guidance beforemaking any bids.

The Seller may in its sole discretion, notifythe Driver Vehicle Licensing Authority of the change of ownership of a Lot to the Buyer. The name and address so notified shall be the full name and address provided by the Buyer on registration as a Bidder.

BIDDING PROCESS:

DASPL may act as agent for a Seller or may wholly 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.

Any Bidder shall be deemed to act as principal unless there is in force a written acknowledgment by DASPL that the Bidder actsas agent on behalf of a named principal.

DASPL or the Seller may in its absolute discretion 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 right to 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 any action taken by DASPL or the Seller under this clause.

DASPL or a Seller shall be entitled prior to any auction 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 AUCTIONS page entry in respect of that Lot by signifying whether or not the reserve has been met or exceeded at the time when the Bidder accesses that AUCTIONS page.

Each bid made by a Bidder shall constitute an offer which is legally binding on the Bidder.

Subject to these Terms and Conditions, the successful Bidder shall be the Bidder, whose accepted bid has, where applicable, met or exceeded the reserve price and is the highest bid. Any dispute as to any bid or sale shall be settled by DASPL at its absolute discretion.

Subject to these Terms and Conditions if on conclusion of the bidding process the Bidder's bid is successful, such bid shall form a contract for sale between the successful Bidder ("Buyer") and the Seller, which unless otherwise specified in writing by the Seller, shall incorporate these Terms and Conditions (each a"Contract").

On conclusion of the bidding process DASPL shall notify the Buyer by email (the "Notification") to confirm:

That their bid has been successful;

The name, address and contact details of the Seller;

The Buyer shall at its own expense:

Pay to the Seller in cleared funds the purchase price together with all Charges and any VAT applicable.

The Buyer shall be responsible for any removal,storage and insurance charges payable on any Lot not collected within 5 working days after the date of the conclusion of the approval.

The Buyer shall be responsible for complying with all legal requirements as to the construction and use of any vehicle and for obtaining all certificates, permits or other authorizations required inorder for that vehicle to be used on any road or elsewhere.

If the Buyer intends to break up a vehicle for spare parts, the Buyer shall be responsible for complying with all applicable guidelines, regulations and legislation in respect thereof.

If the Buyer fails to pay for any Lot in full or to collect a Lot, or if there is any other breach by the Buyer of the terms of any Contract, the Seller/DASPL shall be entitled in its absolute discretion and without prejudice to any other rights it (or they) may have to exercise one or more of the following rights and remedies:

Proceed against the Buyer for damages for breachof contract;

Rescind the sale of that or any other Lot sold to the Buyer;

Resell the Lot or cause it to be resold by public auction or private sale. The Buyer shall pay to the Seller any resulting deficiency in the purchase price at the second auction after deduction of any part payment and addition of any additional costs of resale. Any surplus shall belong to the Seller; remove, store (either at the Seller's or DASPL'spremises or elsewhere) and insure the Lot at the Buyer's expense;

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 the auction approval. Such interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment;

Retain that and/or any other Lot sold to the Buyer at the same or any other auction and release it only after payment of the purchase price plus any interest;

Suspend or terminate the Buyer's participationin any further auctions on the Website;

Cancel the Buyer's registration.

LIABILITY:

The provisions of this clause shall apply where the Bidder bids or Buyer buys as a consumer (ie other than in the course of business) ("Consumer") subject to which clause, this clause shall be applied to the fullest extent permissible by law.

Neither the Seller nor DASPL guarantees that the submission of any bids and or the processing of any sale on-line or otherwise will be conducted in a fault free manner. DASPL does not guarantee to maintain continuous operability or service of the Website.

Nothing in these Terms and Conditions shall limit in any way the Seller's or DASPL's liability for:

Death or personal injury caused by its negligence; or

Any fraudulent misrepresentations made by it; or

Any matter for which it would be unlawful forthe Seller or DASPL (as the case may be) to exclude, or attempt to exclude, its liability.

To the maximum extent permissible in law,neither the Seller nor DASPL, or their directors, employees or affiliates shall be 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 the use misuse or inability to use this Website or otherwise under or in connection with any of these Terms and

Conditions or any Contract.

Neither the Seller nor DASPL will be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under any contract incorporating these Terms and Conditions or any Contract that is caused by events outside its reasonable control.

The Website offers a venue to trade in motor vehicles and associated goods and services. DASPL does not own any of the vehicles which are placed for sale on the Website and does not accept payment for any vehicle.

Any payments made to DASPL are made exclusively for the provision of services by DASPL. As such, the Website is purely an advertising medium and so far as is permitted in law, DASPL accepts no liability for any items or service advertised on or supplied through the Website.

Pictures and descriptions are by their nature general indications and DASPL makes no warranty 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 or agreeing to purchase it. Any warranty as to the suitability, satisfactory quality, fitness for purpose or roadworthiness of any item is hereby expressly excluded so far as is permitted in law and it is your responsibility to ensure that any vehicle you buy is roadworthy before using or reselling the vehicle. It is also your responsibility to ensure that any vehicle purchased has all appropriate documentation and complies with all applicable laws and regulations before selling or using the vehicle.

DASPLaccepts no liability for any feedback placed on the Website by any user or other person about any person or for any losses of what ever kind arising from that feedback.

DASPLdoes not guarantee continuous, uninterrupted or secure access to our services,and operation of the Website may be affected by numerous factors outside of our control. DASPL accepts no liability to you for any losses of whatever nature you may incur as a result of any aspect of the Website being unavailable for use or not operating in the way you would expect. In particular, DASPL accepts no liability for any losses incurred by you as a result of any bid or communication not being received at the Website or by any party advertising anitem or service via the Website.

DASPL reserves the right to withdraw any auction item or advertisement from theWebsite at any time for any reason and without notice to you.

Nothingin these Terms and Conditions shall be construed as seeking to exclude liability of DASPL for death or personal injury caused by its negligence.

If,not with standing the above, the Seller is found liable to you, a Bidder or the Buyer or to any third party, the Seller's liability shall be limited either to the total amount payable to it by way of purchase price in respect of the Lot which is the subject of the claim giving rise to such liability.

ACCOUNTS:

All bids and payments must be in Indian Rupees (INR) and are payable in advance in accordance with the payment terms set out here. There is a maximum charge of Rs.5000/-each approved vehicle, charge pay by the buyer.

VAT will, where appropriate, be charged extra at the appropriate rate in force at the time of the winning bid and will be calculated according to the amount of the winning bid.

Any buyers bidding for items who are resident outside India shall be responsible for any extra costs or charges which may be incurred as a result of them residing outside India, for instance any local taxes, levies or customs duties, any shipping and insurance charges and any other charges or costs associated with the importation or exportation of vehicles.

CHARGES:

If you cancel your Bid the security fee (EMD) will not be refunded.

Membership fees Rs.1499/- are none refundable under any circumstances.

Membership Fees Paid once time by every member.

Once your membership fee has been processed you will have life time membership. This payment will not repeat. All contact details are on contact us page. Any member had previously defaulted on a purchase and now he want to participate in any auction, he must be deposit security money Rs.30000/-in our bank account.

When you have a winning bid on vehicle Admin fees of Rs.5000.00 will be charged from buyer.

Vehicle must be collected within 5 days after approval date, if they are not collected, any deposits will be forfeited & vehicle will be disposed of.

Late payment charge of up to Rs.300.00 per day where payment is not received in full within 5 working days of the date of auction approval.

A storage charge of up to Rs.300.00 per day where payment is not received in full within 5 working days;

A re-listing fee of Rs.2000.00 if the vehicle is not collected within 7days of the date of the Notification;

Where expressly agreed between the Seller and the Buyer, a delivery fee in respect of the delivery of the Lot to the Buyer.

The Seller shall have the right to increase any or all of the above charges without notice and the Buyer should seek written confirmation of the charges that may be applied to any individual purchase at the time it places a bid, or becomes aware that it might incur a charge.

VAT or any other tax on supplies will be added to the purchase price and any Charges at the prevailing rate where applicable.

All payments must be in Demand Draft/Pay Order/Banker’s Cheque unless otherwise agreed with the Seller.

RISK AND TITLE:

The ownership of the Lot shall not pass to the Buyer until the Seller has received payment in full with cleared funds.

Risk in the Lot shall pass to the Buyer as soon as the Lot is sold.

Neither the Seller, DASPL or their employees or agents shall be responsible for any loss or damage of any kind, whether caused by negligence or otherwise, while any Lot is in their custody or under their control following the sale.

Where the 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 fiduciary basis as mere bailee for the Seller and shall store the Lot (at no cost to the Seller) clearly marked to identify it as the Seller's property and grants to the Seller the right to enter upon any premises where the Lot is located or believed to be located for the purposes of recovering the Lot.

PRIVATE ENTRY AUCTIONS:

You must not offer for sale, sell, and offer to buy, bid for or buy any item which it is illegal to do so according to the laws of India. DASPL accepts no liability for any item listed on the Website for sale or any damages or losses incurred as a result of the sale/purchase or use of any such items. You are strongly recommended to inspect any vehicle and contact the seller with any questions you may have before making a bid.

If you are the winning bidder in an auction, you must contact the seller within 48 hours from date/time of approval to arrange for payment and delivery. You have a legal obligation to complete the transaction and DASPL may take action against you should you choose not to do so. If you are the winning bidder and you fail to contact the seller within 48 hours from date/time of approval, the seller may also register a “non paying bidder alert” which may have an adverse effect on your ability to use the website.

If you are a buyer, once you have made a bid you may not retract it and you are bound to complete and pay the amount bid together with any relevant taxes and fees if that bid is the winning bid. If you are a seller, once an auction is completed you are bound to complete and sell the vehicle in question. Any seller withdrawing from an auction after it has completed will be liable to DASPL for all the listing fees and administrative fees applicable to the sale of the vehicle.

If you choose not to complete the transaction the DASPL may, in addition to taking action against you, offer the vehicle to other bidders in the auction (and seek to recover the difference in the amounts of the bids from you) or cancel the contract without any liability to you. Both sellers and buyers should be aware that withdrawing from any auction may result in another person placing negative feedback on to the Website about you which may affect your ability to enter into transactions in the future.

It is your responsibility to review the on-going status of any bid you make. You should not rely on our automated e-mail or SMS system to keep you updated and DASPL can accept no liability for any losses incurred as a result of a lost or delayed e-mail or SMS update.

By placing a vehicle on the Website for auction sellers under take that vehicle is not simultaneously available for sale through any other medium or outlet.

DASPL reserves the right to remove any details or pictures of any auction from its servers at any time after the auction has closed in order to free up space on its servers.

ADVERTISEMENTS:

Sellers are solely responsible for the accuracy, legality and completeness of advertisements on the Website and for ensuring that such advertisements do not infringe the rights of any third party and do not contain any defamatory material and DASPL accepts no liability for any listing on the Website.

DASPL reserves the right to remove any classified advertisement from the Website for any reason without notice and without liability to any person.

Inplacing an advertisement on the Website you warrant to DASPL that it is accurate, legal and complete, does not infringe the rights of any third party and does not contained any defamatory material.

AUCTIONS PAGE:

All vehicles offered for sale through the AUCTIONS PAGE of the Website are owned and offered for sale by Seller.

The description(s) of the vehicle damage are general indications only and are unlikely to be entirely accurate. Unless specifically stated otherwise, the Seller offers the vehicles in their current state with no warranty whatsoever as to condition, roadworthiness, or recorded mileage. The vehicles are offered in a damaged or incomplete condition having been the subject of an Seller total loss and the Seller and DASPL expressly exclude any warranty as to the suitability, satisfactory quality, or fitness for any purpose of any vehicle purchased so far as is permitted in law. It is the responsibility of the successful bidder to 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 the vehicle and contact to the consult person with any questions you may have before making a bid. If you wish to view any vehicle you may contact the storage agent or the Seller and they will tell you where it can be viewed.

The Seller and DASPL reserve the right to cancel any auction being conducted on the AUCTIONS PAGE of the Website at any stage before the close time.

ALL AUCTIONS ARE ON POST APPROVAL:

Once the auction closes, you will receive an Auction Pending email this not proof of purchase, it is simply notification of an auctions Pending Status. Once approved the item is classed as sold by Seller then you'll receive your Auction Won email.

The recorded mileage/damage has not been verified, please look at photos for exact damages such as suspension etc. The accuracy of this information can not be relied upon.

PAYMENT DETAILS:

Full payment deposit within 72 hours & admin charges deposit within 5 days, any payments accepted by demand draft/pay order/banker’s cheque. Admin charge may accept in cash/cheque.

Parking will be free for 7 days after the vehicle approved date, and then it will be charged at Rs.300.00 a day.

The close time is a guide ending time & is not set in stone, if you bid within the last 3 minutes of the auction it will be extend by another 3 minutes as it is a live auction not closed bids.

You will bring winning e-mail with you on collection of item.

The buyer is required on delivery or collection of item/s to inform the Team-Auto Auction India of any problems. Compensation & Refunds will not be given after this day, as it will be deemed the buyer has accepted the item/s,

The buyer should also be aware if he has nominated a third party to receive or collect the car it is then this third party persons responsibility to check the item/s on your behalf.

PRIVACY:

DASPL has afirm commitment to only deal with your personal data in accordance with the 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 accepted the terms of the Privacy Policy.

INDEMNITY:

The Buyer agrees to indemnify and hold the Seller and DASPL harmless from and against any third party claims, demands, action or causes of action arising out of or in connection with the Buyer's use, re-sale or disposal of any vehicle purchased pursuant to a Contract.

INTELLECTUAL PROPERTY RIGHTS:

The Website is the sole property of DASPL and all intellectual property rights on the Website belong exclusively to it or its licensors.

Any trademarks used on the Website but belonging to a third party remain the property of that third party.

NOTICES:

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 to have been given and received 24 hours after the e-mail is sent, not with standing the fact that the sending party may be notified that the e-mail address is invalid for any reason (including the possibility that the e-mail address in your registration details is incorrect or out of date). Alternatively, DASPL may give you notice by registered post to the address provided to us during the registration processes and you may give us notice by registered post to our registered office. In such case, notice shall be deemed to have been given and received 3 days after the date of mailing.

VARIATIONS:

DASPL reserves the right to vary these Terms and Conditions from time to time. Such changes 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 you continue to use the Website after a period of two weeks from the date of transmission of the e-mail or of the posting on the Website, whichever occurslater.

ENTIRE AGREEMENT:

These Terms and Conditions, any Contract and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract between us and supersede any prior agreement,understanding or arrangement between us, whether oral or in writing.

The Buyer acknowledges that, in entering into any Contract, it has not relied on any representation, undertaking or promise given by the Seller or DASPL (as the case may be) or be implied from anything said or written in negotiations between it and the Seller or DASPL (as the case may be) prior to such Contract except as expressly stated in these Terms and Conditions.

The Buyer shall have no remedy in respect of any untrue statement made by the Seller or DASPL or any of its Agents, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently).

SEVERABILITY:

If any of these Terms and Conditions or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to bevalid to the fullest extent permitted by law.

RIGHTS TO ASSIGN:

The Seller or DASPL (as the case may be) may assign its rights under these Terms and Conditions or any Contract by notice to you without your consent. You may not assign your rights under these Terms and Conditions without DASPL's consentor any Contract without the Seller's consent which shall not be unreasonably withheld.

WAIVER AND CUMULATIVE REMEDIES:

If a Seller or DASPL (as the case may be) fails to insist upon strict performance of any of your obligations under a Contract or these Terms and Conditions, or if the Seller or DASPL (as the case may be) fails to exercise any of the rights or remedies to which it is entitled under a Contract or these Terms andConditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations

DISPUTE RESOLUTION:

Any dispute arising between parties out of the terms or privacy policy the same will be referred to Sole Arbitrator mutually appointed by M/s DASPL and the other party in accordance with provisions contained in Arbitration and Conciliation Act, 1996 in force in India. The decision of Sole Arbitrator will be final, conclusive and binding on both the parties. The arbitration proceedings shall be held at New Delhi, India and the language of arbitration proceedings and all other documents and communication between parties shall be English. Each party shall bear own expenses with respect to any arbitration.