These agreements are legally binding. They describe the buyer's and B2B Auctions' rights and obligations in connection with the services that B2B Auctions offers via this website and the conditions for sale that FMI states in "Conditions for sale of equipment" It is a condition for establishment as a bidder / buyer that you have read and understood the agreement. It is free to sign up for B2B Auctions. By registering, you agree to the terms of this agreement.
- 1. B2B Auctions is an Internet-based platform that offers trade between companies. This means that only companies with a valid CVR / VAT number can be registered as a buyer. All applicants CVR / VAT res validated in registers in the applicant's home country.
- 2. All buyers and sellers registered CVR / VAT must originate for countries approved by the Danish Foreign Ministry, as well as comply with EU sanctions, to trade on B2B Auctions.
- 3. You must be over 18 years old to register and use B2B Auctions. Otherwise, orders will be canceled immediately.
- 4. Buyer's commission are differentiating and depend on the object and bid amount.
- Therefore, the total bid amount incl. buyer's commission and costs, excl. VAT, in the information field under the bidding field.
- Regarding auctions from the Danish Defense there is an obligatory export documentation-fee for sale to another EU country, this is informed in the information field under the bidding field. (UPDATED 16-06-2022)
- This ensures full transparency for bidders before bids are submitted.
- Emails regarding registration of bids, as well as overbids from other bidders can be added to and deselected under "My page" - Settings
- 5. B2B Auctions can not be held liable for an object's condition, legality and environmental characteristics, the described list is not complete in every way.
- 6. Everything is sold in the condition in which it-is, without liability for B2B Auctions.
- a) If there prior to an auction has been the possibility of inspection, complaints are dismissed.
- b) If there has not has been possibility of inspection, then the buyer, within 10 days after invoice date, can deliver the purchased object back to the seller, but only in cases were the object does not match the description. Logistics cost is the buyer's responsibility, also in case of returning. From auction closure, the won objects are at the buyer's risk. Ownership is only achieved when the invoice is registered paid.
- 7. In the case of the sellers lack of ability to supply, no matter whatever reasons, the auction bidder disclaims the right to claim or sue for a replacement, or any loss. The auction Winner is only entitled to a full refund of the full auction bid, and no additional cost.
- 8. This is B2B trade, for commercial purposes, and buying regulations about 14 days cancelation rights, (B2C law) is not applicable.
- 9. It is forbidden to bid on "own" auctions. Likewise, B2B Auctions will close any auction suspected of attempted fraud or other forms of fraud.
- 10. The auction system is designed so that each new bid is assigned a consecutive "bid ID" number. A new winning bid extends the auction for another 10 minutes after the scheduled closing. The auction ends when the highest bid has been unchanged for 10 minutes.
- 10.a. The auction system is designed with "auto bid" function. Autobid follows the same set of rules for increasing bids as regular bids and bids until the upper limit is met. In this case, an e-mail will be received stating that the bidder's auto bid has now been outbid by another bidder.
- Own bids are marked with * and own Autobids are marked with (A *). Other Autobud is marked with (A)
If the Auto Bid - at or above the minimum price is not passed, then the Auto Bid-giver has won the auction. All Bidders can use Auto Bid feature. See example in the FAQ section 23
NOTE: Be aware of possible delays due to network speed or the speed of the PC.
B2Bauctions is also not responsible for operational malfunctions and errors arising as a direct or indirect consequence of communication errors, typing errors, breakdowns / malfunctions on the Internet, auction system servers, hardware or software.
May it be found that system errors have occurred in the auction settlement, termination and / or billing are B2Bauctions obliged for the sake of both seller and bidder, to cancel the auction and inform all bidders about this - and if applicable, credit note on the Invalid billed amount.
We encourage placing bids in good time, and not in the final seconds, as this may result in that the auction has closed before bid enters and is recorded.
11. Minimum bid incensement raise in relation to revenue as shown here:
- 1 - 5.000 DKK min. bid increases at 100 DKK + Possible VAT
- 5.001 - 25.000 DKK min. bid increasing at 200 DKK + Possible VAT
- 25.001 - 50.000 DKK min. bid increasing at 500 DKK + Possible VAT
- 50.001 - 125.000 DKK min. bid increasing at 1.000 DKK + Possible VAT
- 125.001 - and up DKK min. bids increase by 2.000 DKK + Possible VAT
12. Buyer's fee: current bid as well as current buyer's fee and costs excl. special EU export documentation fee for auctions from Danish Defense and VAT appears in the box under bid after bid entry. (UPDATED 16-06-2022)
13. The total on the invoice will be: Your winning bid + Buyer's commission + Invoice fee DKK. 100 - + Possibly. VAT. DKK
Concerning Auctions from the Danish Defense to other EU countries an obligatory Export Documentation fee of DKK 250,- will be added. (UPDATED 16-06-2022)
14. Any highest bid - also below the minimum price, is legally binding until 16:00 (CET) on the following working day after the auction is closed. If an auction not has achieved the minimum price, the seller is free. The seller may choose either to accept the received highest bid, or through the seller's handling partner, to make a counter bid to the bidder.
15. When the final bid is above the reserve price, the winner will receive an email confirming the purchase, attached with an invoice. The purchase is valid only when the invoice is received. If the seller accept the highest bid (below the reserve price) before 16:00 (CET), the following weekday then the bidder will receive an e-mail that confirms the purchase and then get an email with the invoice.
16. All purchases of auction objects and / or additional services are invoiced directly via e-mail in the hours after the end of the auction, invoice fee of DKK 100.00 + Possible VAT. This invoice is paid directly to B2B's bank, which handles cash flows for all parties. The deadline of the payment is 5 calendar days from the invoice date. If the payment is not received in B2B Auctions system within the specified payment period, this will be considered as neglect of the agreement under B2B Auctions terms. The result being, that the deal will be canceled without warning. The buyer is however still obliged to pay the buyer commission to cover the costs, the amount is at least 2,000. DKK and maximum 10.000 DKK. + Possible VAT.
17. When the payment is received at third part bank, the buyer and seller are both informed with contact details to each other by e-mail from B2B Auctions. The buyer must contact the seller within 14 days and arrange the pickup.
19. The buyer must collect all bought objects within 30 days of auction end, unless otherwise informed on the auction. If an object is not collected, B2B Auctions has the right to sell the object again. Buyers who do not pick up in time, will only be compensated the part of the purchase price that exceeds 30.000 DKK + Possible VAT. The seller is entitled to deduct any reasonable additional costs, which the seller may have been applied to, due to the lack of pickup.
20. B2B Auctions can not be held responsible for lack of access to the auction site for any reason.
21. B2B Auctions reserves the right to change the terms. If this happens, the bidders will be informed and in connection with login, the bidder must approve the altered statutes.
21 a. B2B Auctions reserves the right to, without further reason to refuse a potential buyer the right to have an account.
22. The bidder acknowledges that my personal data can be used to receive marketing communications relating to products and / or promotions from Skandinavisk Service Partner Group, through the information you have given. This can be canceled at any time by e-mail to firstname.lastname@example.org
As a bidder, I also accept that my IP address is logged for safe and secure trading for both seller and bidder.
23. B2B Auctions transmit data that we have been given by you, only to our approved service suppliers who have a direct part in the implementation of the total trade. B2B Auctions will not disclose information to third parties that are not a direct part in the implementation of the overall trade.
24. B2B Auctions, is registered in Denmark on Bødkervej 5, 4450 Jyderup. CVR number, 33084110 e-mail: email@example.com. Any dispute is subject to Danish law and settled by the Copenhagen City Court under current law.
25. VAT rules are always in full compliance with Danish VAT law. Objects, commission and services bought are subject to VAT. B2B Auctions will help and assist our customers, but can not be held responsible for VAT claims that might follow if buyers applied documentation is untrue, fraud or unfulfilling. Domestic buyers (Danish Businesses) always pay VAT
26. The buyer is responsible for complying with all applicable laws / regulations in connection with the transport of the purchased after collection, incl. possibly. Export out of Denmark including applicable VAT conditions
As this is a pick-up sale, the buyer is the exporter and the following is therefore applicable:
Buyers from other EU countries: The buyer is obliged to document that the goods have been transported out of DK and to the concerned EU country. This documentation means that the purchased goods can be exported without VAT surcharge.
Buyers from outside the EU: As VAT, customs duties and documentation requirements often are different depending on the country and type of object outside the EU, the buyer must use an authorized freight forwarder who can ensure correct documentation for both the seller and the buyer.
It is the buyer who must ensure the export documentation applies to both the buyer and the seller.
If there is a registered dual-use product, this can only be released to the buyer when the export authorization is obtained from the relevant authority.
It is the buyer that must secure export documentation as well as any Export permit for dual-use products, which applies to both buyer and seller.
FMI: Terms and Conditions for Sale of Equipment
1. IN GENERAL
Terms and conditions, which are inconsistent with the present terms and conditions including BUYER’s unilateral terms and conditions are only valid, if these have been accepted by SELLER in writing.
All prices are exclusive of any taxes hereunder value added tax, duties, fees, etc., which may be or become payable in connection with the agreement. All of the mentioned taxes etc. shall be paid by BUYER.
3. TERMS OF PAYMENT
The payment shall be made in the currency stated on the invoice. BUYER shall pay and SELLER shall receive the payment prior to SELLER’s delivery of the deliverables. The payment shall be made to the address and account mentioned on the invoice. If payment is delayed, BUYER shall pay an interest corresponding to the rate fixed in section 5 (1) in the Danish Interest Act.
4. TERMS OF DELIVERY
All deliveries shall be made EX WORKS (EXW) INCOTERMS 2020 (place of delivery as stated on the invoice or on the confirmation ofOrder).
5. TIME OF DELIVERY
To be agreed upon between the parties.
Packaging is BUYER´s sole responsibility. SELLER will provide packaging in accordance with BUYER´s instructions, if possible. Packaging will be invoiced to BUYER separately at cost if applicable.
The deliverables are sold on an “as is” basis with any faults, wear and tear, modifications, installations etc. at the time of delivery. SELLER does not guarantee that the deliverables are without any defects or are in a fully operational condition. BUYER is aware of and accepts that faults, modifications, installations etc. on the deliverables may result in changed characteristics and performance in comparison to any other similar materiel. Thus, SELLER does not assume any liability whatsoever for the status and state of the deliverables and no claims can be put forward to SELLER for any defects in or malfunctions of the deliverables and no compensation can be paid in this regard.
No warranties whatsoever are granted for the deliverables.
9. PASSING OF RISK AND TITLE
The passing of risk and title shall take place at the time of delivery. It is the sole responsibility of the BUYER to decide whether or not the deliverables should be insured.
The deliverables may contain materials and substances, which are hazardous to the environment. Once the deliverables are delivered to BUYER, it is the sole responsibility of BUYER to take all necessary measures to assure the applicable environmental rules and regulations are followed during operation, maintenance or destruction, whichever is appropriate.
11. EXPORT LICENCE
If required by law or other relevant statutory instrument, the sale may be subject to the SELLER being granted an export licence. Government sanctions may prevent export. Prior to delivery of the deliverables, the SELLER shall assist the BUYER with all necessary arrangements to obtain valid export licenses if relevant. However it is the BUYER´s responsibility to obtain valid export licenses. In terms of the deliverables use and re-sale the BUYER warrants to comply with any estrictions under national or international law, such as by way of example embargos subject to Danish and/or EU and/or UN sanctions and potential end-user reservations issued by the country of origin or Denmark. The BUYER shall assist the SELLER to obtain the necessary enduser certificate(s) in order for the SELLER to obtain any necessary Third Party Transfer approvals, where applicable.
12. DELAY AND FAILURE TO DELIVER
The SELLER will do its best effort to deliver the deliverables on time. Due to the SELLER’s status as a unit within the Danish Ministry of Defence delays due to priorities may occur. Such delays or any other delays or any failure to deliver regardless the cause does not entitle BUYER to claim any damages, among these covering purchase, direct- or indirect loss, loss of expected income or otherwise from SELLER. In case of failure to deliver any prepayment for such items will be returned to BUYER without interest.
13. EXCLUSION OF LIABILITY
SELLER shall not incur any liability of any kind or nature whether in contract or tort or otherwise howsoever for any death, personal injury, damage, loss, liability or expenses suffered or incurred by BUYER or by any person arising directly, indirectly or in any manner howsoever out of the deliverables provided hereunder by SELLER to BUYER. BUYER agrees to indemnify and hold harmless SELLER or its subcontractor(s), its agents, employees, successors and assigns from and against any and all liabilities, losses, damages, claims, suits and expenses, including legal expenses, of whatsoever nature and kind imposed upon, incurred by or asserted against SELLER or its subcontractor(s), its agents, employees, successors and assigns relating to or arising out of the possession, use, selection, delivery, purchase or operation of any deliverables provided hereunder by SELLER to BUYER.
14. TERMINATION FOR CONVENIENCE
During increased level of readiness, such as crisis, war or deployment of units of the Danish Armed Forces, which prevent SELLER from fulfilment of his obligations to BUYER, SELLER has the right to terminate the agreement of sale immediately. BUYER shall have no right to claim indemnification for the losses BUYER may suffer due to SELLER having terminated in accordance with this clause.
15. TERMINATION FOR DEFAULT
In case of BUYER´s default in carrying out the terms, conditions or obligations of the agreement, so as to endanger the performance hereof, it will be considered as a material breach entitling SELLER to terminate the agreement. It will under all circumstances be considered as a material breach, if BUYER is insolvent, in terms of the lack of BUYER´s payment or in terms of the lack of approval of an export license. If SELLER considers a material breach of the agreement to have occurred, SELLER shall notify BUYER thereof in writing giving BUYER 10 days notice to remedy the situation. SELLER's rights to indemnification, however, shall not be affected by such termination.
16. DISPUTES, GOVERNING LAW AND VENUE
Any dispute arising out of or in connection with this agreement shall be governed by Danish law, substantive as well as procedural, however, excluding choice-of-law rules and the United Nations Convention on the International Sale of Goods (CISG). Any dispute as mentioned above, including any disputes regarding the existence, validity or termination hereof, shall be settled by the Danish ordinary courts of justice.