Lotting-Schedule AUCTION No 1264070 - Vebeg

A General
1. VEBEG Online-Auctions of U.S. Government Non-Tactical Vehicles are
governed exclusively by the following conditions.
2. All auctions of U.S. Government Non-Tactical Vehicles are conducted on
behalf and for the account of VEBEG's client EURO-IFMS. In individual
cases, items can be subject to an Export License.
3. EURO-IFMS is a federal agency of the U.S. Government. IFMS provides
fleet management services to U.S. federal agencies in Europe and conducts
sales open to the public of Non-Tactical IFMS exchange vehicles.
4. IFMS is not an enterprise in the sense of § 14 German Civil Code (BGB).
B Participation
1. Participation is limited to individual persons of full legal capacity (consumer)
and legal entities, who have registered and whose user-account
has been activated.
2. For further information on how to register please click the link below.
https://www.vebeg.de/web/en/auktionen/konto_registrieren.htm
3. There is no claim for registration. VEBEG reserves the right to exclude
bidders and to cancel registration.
C Procedure
1. All vehicles are offered with a start price in EURO. Bids below the start
price are not accepted.
2. A bidder is bound to his bid until it is exceeded by another bid.
3. Bid Increment:
Current Price Bid Increment
Up to 50,00 € 1,00 €
Up to 100,00 € 2,00 €
Up to 500,00 € 5,00 €
Up to 1.000,00 € 10,00 €
Up to 2.000,00 € 20,00 €
Up to 5.000,00 € 50,00 €
Over 5.000,00 € 100,00 €
4. Bidding on VEBEG works via VEBEG's automated server bidding system.
You enter the maximum amount you are willing to pay for the item. Your
maximum bid is kept confidential to other bidders.
The system bids on your behalf an amount just high enough to equal the
start price or to beat the highest bidder's maximum bid. When you are
outbid, the system will automatically bid on your behalf up to your maximum
bid. The system increases your bid by increments only as much as
necessary to maintain your high bid position.
If another bidder has placed the same bid before you or a higher maximum
bid, we will notify you that you have been outbid so that you can
place another bid if you want. However, if no other bidder has a higher
maximum bid at the end of the auction, you win the item even if your bid
does not go as high as your maximum bid.
5. Auctions end as per fixed date and time. Only VEBEG's server time applies.
6. The contract is awarded to the highest bid at the conclusion of the auction.
However, a claim for acceptance of the highest bid does not exist.
VEBEG reserves the right to cancel a running auction.
7. The successful bidder will be notified on the acceptance of his bid via
email and will receive an invoice annotating the specific vehicle awarded
and its price in EURO.
D Consumer Rights
A consumer has the right to cancel his contractual offer without giving any
reason in writing by letter, fax or email within a period of fourteen (14)
days. For further information please click here.
E Payment
1. Payment of the purchase price in EURO must be received on one of
VEBEG's accounts within ten (10) days of invoice date.
2. After payment the buyer will receive a release-note authorizing removal of
the vehicles purchased.
3. If a buyer fails to pay the full amount of the purchase price in the required
time, VEBEG is authorized to cancel the contract, to sell the vehicle elsewhere,
and, to hold the original buyer liable for any financial damages related
to the contract cancellation.
Auction Terms and Conditions
for IFMS Vehicles
F Property Removal
1. Purchased vehicles must be removed within twenty-one (21) days of invoice
date by presenting the received release-note.
2. Buyers are requested to contact the IFMS staff at the storage location at
least one (1) day in advance to arrange vehicle removal. Contact details
are given on the release-note.
3. To drive away purchased vehicles from the Sales Lot Holding Area, buyers
must have all required motor vehicle registration documents, insurance
and licence plates in their possession.
4. If a buyer fails to remove purchased vehicles within the required time he
may be held liable for storage charges in the amount of ten (10) EURO
per day per vehicle.
5. VEBEG is also authorized to cancel the contract and to sell the vehicle in
a subsequent auction and offset the proceeds from the subsequent sale
against fees and/or expenses incurred and/or accrued as a result of the
original buyer's failure to remove the property in the allotted time.
G Customs
1. All vehicles offered for sale were either acquired or imported by IFMS
under the customs exemption afforded to IFMS by the NATO Status of
Forces Agreement and are not in free circulation of the European Union
(EU).
2. Buyers, who are not U.S. Military or U.S. Government Employee Identification
Card holders, must clear vehicles through the local customs office
prior to removal. Please have your invoice ready and assure payment for
the customs duties and taxes which can amount up to 40 % of the purchase
price. Exports outside of the EU will require a T-form for which a
deposit is to be paid in the same amount.
H Warranty Claims
1. All vehicles offered for sale are flawed and in used condition, showing
considerable signs of previous usage and shall be sold "as is" and "where
is". In order to restore operational function, extensive repairs could be
necessary. It is the buyer's responsibility to inspect vehicles prior submitting
bids.
2. The vehicles are sold to the exclusion of any warranty claims whatsoever.
The seller gives no warranty for quality, condition, completeness, suitability
for use and licensing, undamaged history, non-existence of apparent
or hidden defects, other damage or special characteristics.
3. IFMS solely warrants to the original purchaser that the IFMS property
listed in VEBEG auctions will conform to its written description.
I Liability
1. VEBEG's liability for culpable injury to life, body or health, and the lack of
a guaranteed characteristic or malicious concealment to quality is governed
by law.
2. In all other cases VEBEG is liable for intent and gross negligence by its
legal representatives and persons used to perform obligations.
3. Any further liability claims by contractors against VEBEG do not exist.
4. In case of slight negligence VEBEG is only liable to consumers and if an
essential obligation for the accomplishment of the contract purpose is violated.
In this case, the liability is limited to the amount of the purchase
price only for foreseeable, typically occurring damages whose appearance
could be anticipated with regards to transfer for use. Any further liability
for defects or consequential damages is excluded.
5. The aforementioned liability limitations shall also apply for VEBEG's legal
representatives and persons used to perform obligations.
6. VEBEG does not guarantee the permanent availability of its website
www.vebeg.de and is not liable for technical uncertainties associated with
the internet medium.
J Place of Execution, Jurisdiction and Applicable Law
1. Place of Performance for all payments is Frankfurt am Main.
2. If the Buyer is a contractor or legal entity under public law, place of venue
and jurisdiction for all disputes shall be Frankfurt am Main,
3. Exclusively the laws of the Federal Republic of Germany shall apply. The
UN Sales Laws are excluded.
4. If any of the above provisions shall be held to be invalid, the remaining
provisions of the Terms and Conditions shall not in any way be affected
or impaired thereby and stay binding.
Auction Terms and Conditions for the Sale of IFMS Vehicles (Edition August 2011)
Not binding translation. In case of disputes the German Version prevails.