| 1. |
All lots are sold at hammer price as offered and without any liability for the Seller. Complaints will not be accepted. The Seller cannot in any way be held liable for the functionality, previous use, time consumption, condition or lawfulness of the lots sold, nor for the correctness of any measures, weight, dimensions, age, description etc. specified for the lots. Buyers should note that the equipment may have been converted to suit the special requirements of the Danish Defence.
It is entirely the Buyer’s responsibility that the equipment bought meets all statutory requirements before it is put to use.
The Danish Defence cannot be held liable for any errors in the catalogue. The auction catalogue is only intended as a guide, and the Seller reserves the right to announce changes during the auction. The Seller cannot be held responsible for such changes.
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| 2. |
It is the Buyer’s responsibility to ascertain whether the equipment meets the legal requirements in terms of lawfulness, registration, etc. This is not specified in the catalogue. Damage to the equipment, if any, shall be ascertained in connection with the Buyer’s personal inspection during the public preview specified in the catalogue.
The Seller does not warrant that the lots sold are registrable or meet statutory requirements. In case the Buyer is unable to obtain the required permissions, registrations etc., the Seller may not be held responsible.
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| 3. |
Bidders at the Danish Defence Auctions are required to have a valid Buyer’s number. Buyers’ numbers are issued on presentation of a valid photo ID.
Only bids in Danish Kroner (DKK) will be accepted.
Written bids shall be entered on the Form for submitting written bids and sent by fax to no. +45 9924 1809 or by surface mail to the Seller (the Main Equipment Supply, Hjørring, Arsenalvej 33, DK-9800 Hjørring). In case the Buyer forwards written bids by surface mail, the envelope shall be marked “Auction, Written bid”. Written bids shall be received by the Seller no later than at 12.00 noon on the Monday preceding the auction. It is the prospective buyer’s responsibility to make sure that bids are received by the Seller in time. The Seller cannot be held liable for any errors or mistakes due to bids being submitted in writing.
The Buyer is the bidder that wins the bid at hammer price. Buyers bidding on behalf of a third party are liable as guarantors assuming primary liability. Where several bidders buy a lot together, they shall be jointly and severally liable.
Buyers guaranteeing a third party shall assume primary liability.
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| 4. |
All bidders – whether they wish to submit their bids personally at the live auction or in writing – must, on the Seller’s request, be able to document their solvency and to present proof of their identity at any time. The Seller shall always be entitled to refuse a bid when the bidder fails to provide sufficient security upon request.
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| 5. |
The Commander of the Danish Defence Supply Agency, or another person acting as auctioneer on his behalf, shall determine the amount of the minimum bids and the bidding increments.
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| 6. |
Disputes regarding the winning bid shall be settled by a renewed bidding procedure. When several bidders submit equally high bids, the auctioneer shall determine who wins the bid.
When two identical written bids are placed, the bid first received shall participate in the auction.
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| 7. |
If the auctioneer finds that no acceptable bids have been received, he shall be entitled to withdraw the lot.
The lots specified in the catalogue shall be offered for sale individually.
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| 8. |
The successful bidder shall be bound by his bid at knockdown. Only bids resulting in knockdown at the auction shall be approved.
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| 9. |
All payments shall be made in Danish Kroner (DKK). Payment shall be made cash (Danish cheques shall be made out to the Danish Defence Supply Agency) for the full amount plus VAT. In case of payment by cheque, a valid photo ID shall be presented. Dankort payment cards may be used. Other payment cards are not accepted.
No commission is charged at the auction.
Where a lot is offered for sale based on weight so that the total sales amount cannot be calculated until the equipment has been weighed on an official scale, the Buyer shall deposit an amount to be determined with due regard to the estimated value of the lot.
The Seller shall be entitled to refuse bids placed by a prospective buyer who is in breach of his payment obligations towards the Seller as well as bids placed by a third party on behalf of such prospective buyer.
The Buyer shall immediately receive a receipt for the amount paid and a delivery order both of which shall be presented when picking up the lot. In case the lot purchased is not paid cash at knockdown, the auctioneer shall be entitled to cancel the purchase.
If the auctioneer knows the Buyer to be a trustworthy person, however, the time allowed for payment may be extended until pick-up of the lot, provided the time limit for pick-up in clause 16 is complied with. In that case the delivery order shall be issued immediately, whereas the payment receipt shall be issued when the lot is paid at pick-up.
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| 10. |
In case of late payment the Buyer shall pay an interest on the amount due equal to the official discount rate at any time plus 7 pct.
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| 11. |
However, second-hand passenger vehicles holding a maximum of eight persons, vans and lorries with a maximum total permitted weight of 3.5 tonnes, as well as aircraft and ships weighing 5 gross register tonnes or more shall be sold without incurring VAT, unless otherwise stated next to the lot in question.
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| 12. |
No registration fee has been paid for the motor vehicles; information about such fees can be obtained from the Danish customs authorities (the relevant Tax Centre).
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| 13. |
If restrictions regarding resale are imposed on the equipment, the Buyer shall be obliged to comply with such restrictions and responsible for compliance herewith.
In case of resale of the equipment, no reference to Danish Defence supplies may be made, nor may it be resold under the designation ‘military equipment’ or similar.
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| 14. |
The purchased lots shall be at the Buyer’s risk from the time of knockdown.
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| 15. |
The title to the purchased equipment shall not pass until the Buyer has paid the full hammer price plus any additional payments. The payment shall be final and non-voidable.
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| 16. |
The lot shall be picked up no later than ten weekdays after the auction. Pick-up is subject to final and non-voidable payment.
In case of an extension of payment, payment shall be effected ten days after the auction at the latest.
Where the lot purchased has not been picked up and paid for before the expiry of the time limit, the Danish Defence Supply Agency shall be entitled to cancel or maintain the sale as it thinks fit. In either case the Danish Defence Supply Agency shall be entitled to compensation for any losses incurred.
Lots that have not been picked up 30 calendar days after the auction date shall be deemed to be the property of the Danish Defence Supply Agency, and the sale shall be cancelled.
Amounts paid for lots that have not been picked up shall be returned less a deduction of DKK 3,000.00 excluding VAT for each auction number for handling and overhead expenses.
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| 17. |
The Buyer shall be responsible and at his own account arrange for pick-up, dismantling/dismounting, loading etc. The Buyer alone shall bear the risk of and be liable for any damage incurred in this connection. Damage to buildings shall be remedied.
The Seller may assist in loading the equipment with a fork-lift truck against payment of a fee of DKK 345.00 excluding VAT for every half hour or fraction thereof. Any liability and risk in this connection shall be borne exclusively by the Buyer.
Equipment used for storing the lots (pallets, tables, shelves, tags etc.) are not included in the sale.
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| 18. |
The Buyer shall be liable for any damage that the purchased equipment may cause or be instrumental in causing on persons, objects or real property. The Buyer shall be liable for any damage to persons, objects or real property as a consequence of the Buyer’s incorrect use of the purchased equipment. In case the Seller is ordered to pay for damage or other kinds of loss for which the Buyer is liable pursuant to this liability provision, the Buyer shall, on request, be obliged to exempt the Seller from liability.
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| 19. |
The Buyer shall be responsible for and obliged to remove all distinctive military marks on all purchased equipment, including motor vehicles.
Henceforth, no equipment may have a confusing similarity with regular equipment.
As the equipment may be subject to the Danish Offensive Weapons Act, the Buyer shall, prior to reselling the equipment, be obliged to obtain the permission of the relevant manufacturers and authorities (both in Denmark and abroad), including the permission of the Danish Ministry of Justice.
The Buyer shall proceed to this at his own account.
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| 20. |
VAT shall be settled pursuant to the Danish VAT legislation in force from time to time.
With reference to EU Council Directive 2006/112/EC the rules of tax free sales among countries in the European Union is stated. The following criteria must therefore be met for goods to be sold without tax to buyers in other EU countries:
1. Buyers must have a valid VAT or SE number.
2. It has to be documented that the goods will be transported to another EU country.
3. It has to be documented that the cost for transportation will be placed on the expenses of either seller of buyer.
The goods will be sold with Danish value added tax (VAT) if the above mentioned criteria are not met.
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| 21. |
All trading in the auction area shall be recorded on the forms of the Danish Defence Supply Agency and take place in accordance with these Auction Terms and Conditions.
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| 22. |
All traffic in the auction area is at the participants’ risk.
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| 23. |
Disputes that cannot be solved amicably shall be decided according to the laws of Denmark, except as regards the conflict of laws rules, and at the Seller’s local venue. The Buyer shall be subject to section 17 of Act no. 132 of 16 April 1935 on Public Auctions regarding statutory debt collection. |
J. KOFOED
Colonel
Commander Danish Defence Supply Agency |