(1) Auction goods are sold on behalf of and for the account of the vendor cooperating with Machineseeker.

(2) Stated dismantling and loading costs are binding.

(3) All prices and bids are net prices and do not include VAT.

(4) Bidding is reserved for commercial buyers – Sale exclusively to commercial buyers.

(5) Submitted direct or maximum bids are binding.

(6) Machineseeker reserves the right to examine incoming bids. Bids can be rejected without giving reasons.

(7) The duration of an auction may be extended, for example if new bids are received shortly before the end of an auction.

(8) All information is provided to the best of knowledge – Machineseeker generally recommends to inspect used machinery.

(9) The winning bid is designated at offer period end, conditional to the minimum price defined by the vendor.

(10) In case of acceptance of a bid, Machineseeker Group GmbH charges an auction fee of 18 % net on the buyer’s net bid.

(11) Sale is subject to the terms and conditions of sale of the vendor cooperating with Machineseeker as well as the terms and conditions of Sale of Machineseeker Group GmbH.

1. Scope of Application

1.1 The vendor (hereafter also referred to as “seller”) sells goods on marketplaces of Machineseeker Group GmbH, Kronprinzenstraße 9, 45128 Essen, Federal Republic of Germany (hereafter referred to as “Machineseeker” or “platform”). The following “General Auction Terms” apply to contracts for the sale of goods (hereafter also referred to as “object of sale” or “object of purchase”) between buyers and the seller that are mediated by an auction. Machineseeker merely provides a platform for the conclusion of purchase contracts between sellers and buyers through an auction but does not itself become a signatory party to these purchase contracts.
Sellers can register as commercial dealers to offer goods on the platform through auction listings.

1.2 The currently valid General Auction Terms can be viewed on and printed via the Machineseeker website.

1.3 The seller does not accept any deviating terms and conditions of the buyer. The buyer’s terms and conditions of purchase are not applicable, even when not explicitly rejected.

1.4 The contractual language is German. The German version of these General Auction Terms (“Allgemeine Versteigerungsbedingungen”) shall prevail. The English version is for information purposes only.

2. Conclusion of contract through an auction

2.1 Potential buyers can inspect the auction listings on the platform and submit bids for the shown goods. These bids are binding.

2.2 Bidding is reserved for commercial buyers. Purchase contracts are only concluded with commercial buyers.

2.3 Machineseeker reserves the right to examine incoming bids. Bids can be rejected without giving reasons.

2.4 After auction end, a purchase contract between the seller and the bidder with the highest, valid bid is contracted. Bids remain valid regardless of the subsequent bidding process and can still be accepted.

2.5 Machineseeker shall charge the buyer the agreed closing costs upon acceptance of the bid. The payment obligation of these closing costs is independent of the conclusion, validity and continuation of the purchase contract between the buyer and seller.

2.6 Machineseeker and seller can set a minimum price before the auction starts. If such a minimum price exists, a bid must meet or exceed it in order to conclude a purchase contract. The seller can also agree to conclude a purchase contract in case of bids below the minimum price. Bids below the minimum price therefore remain valid.

2.7 Machineseeker reserves the right to cancel an auction, to end it earlier than announced or to extend the duration of an auction.

2.8 Type and scope of the respective object of sale are based on its textual description and the photos and videos published in the auction listing. Accessories and tools are—unless they themselves constitute the object of sale—only part of the object of purchase in exceptional cases and if explicitly stated.

2.9 In principle, the revocation of purchase contracts is not possible since the platform exclusively addresses commercial buyers.

3. Price and payment process

3.1 The auction listings detail the price components individually, in particular binding dismantling and loading fees, binding auction fees payable by the buyer and any VAT due. A subsequent refund of paid VAT is possible if the legal requirements are met.

3.2 Payment is to be made in advance via the European payment service provider Mangopay. The payment obligation is only fulfilled when the full EUR amount (also when paying in a different currency) is received by Mangopay.

3.3 Unless differently agreed on with the seller and Machineseeker, the payment has to be performed within 5 working days. Otherwise, the buyer is considered to be in arrears.

3.4 Neither buyer nor seller have the right to set payments off via the platform.

4. Delivery types

4.1 The seller determines which types of delivery to offer. The buyer may have the option to choose between shipping and pickup.

4.2 Rescheduling on part of suppliers, force majeure, destruction, damage, or confusion regarding the specific object of purchase free the supplier from his obligation to deliver the object of purchase or offer its pickup. Indemnity for damages due to non-delivery or exceeding the stated/agreed delivery time are excluded.

4.3 Shipping

4.3.1 Unless otherwise agreed, delivery takes place from the location of the object of sale that is indicated in the advertisement (or—if no indication has been made in the advertisement—from the registered office of the seller) to the address indicated by the buyer. The seller is obligated to arrange transport insurance over the full value of the object of purchase and to select a shipping method with tracking. The buyer pays for the stated shipping costs including the costs for transport insurance.

4.3.2 Should there be additional shipping costs due to incorrect address data, these must also be borne by the buyer. The buyer may not issue a signature release authorization. The buyer is not permitted to refuse acceptance.

4.3.3 The buyer undertakes to inspect the goods immediately upon receipt for externally visible transport damage, to note any damages on the respective shipping documents, and to demand an acknowledgement by the deliverer. In case of transport damage, the buyer must retain the packaging. In addition, the buyer undertakes to report any transport damage to Machineseeker promptly.

4.3.4 The seller is liable for transport damage.

4.3.5 In the event of transport damage, the seller has the option to resend the goods or to strive for another solution with the buyer. If the solution is not offered to the satisfaction of the buyer, the buyer may withdraw from the purchase contract and will receive a full refund of the purchase price.

4.3.6 Any delivery times stated on the platform or in the order confirmation shall be calculated from the time the invoice amount is credited to the European payment service provider Mangopay Machineseeker cooperates with. The stated delivery times are, however, not binding and may differ from the actual delivery time.

4.3.7 The seller is entitled to make partial deliveries insofar as this is reasonable for the buyer.

4.4 Pickup

4.4.1 Unless otherwise stated in the advertisement or agreed on with the seller and Machineseeker, the auction goods have to be collected within 10 working days. In case of delay, the seller may charge the buyer additional costs for storage and provision.

4.4.2 In case of a delay of more than 8 weeks after acceptance of the bid, the buyer is considered to be in significant delay. In this case, the seller is entitled to demand the release of the purchase price held in trust.

4.4.3 The buyer has the right to inspect the goods upon pickup.

4.4.4 The buyer has the right to withdraw from the purchase contract upon collection if the goods do not correspond to the description.

4.4.5 The loading process and, if necessary, disassembly at the pickup location are part of the pickup preparation by the seller, unless differently specified in the auction listing. Thus, the seller is liable.

4.4.6 Upon completion of loading, the condition of the object of sale is accepted by the buyer.

5. Transfer of ownership and risk

5.1 The object of purchase remains the property of the seller until all claims from the purchase contract have been settled. Prior to this point in time, the buyer shall not be entitled to transfer possession or ownership of the object of purchase to third parties without the express consent of the seller in text form.

5.2 The transfer of ownership and risk takes place either after the goods have been fully loaded (pickup) or upon receipt of the goods (shipping).

5.3 The seller is obliged to adequately insure machines and accessories against all risks until collection or dispatch, to keep them in the condition stated in the auction listing on the platform, and to carry out any potentially necessary repairs. As long as the object of purchase remains property of the seller, it may not be resold, transferred, or encumbered with rights of third parties.

5.4 In case of pickup, the risk of accidental loss and accidental deterioration of the goods passes to the buyer after loading has been completed. In case of shipment, the risk of accidental loss and accidental deterioration of the goods passes to the buyer upon receipt of the goods.

6. Warranty

6.1 Claims against Machineseeker: Machineseeker itself does not become a party of purchase contracts that are concluded through an auction. The buyer can only claim for defects arising from such purchase contracts against the seller with whom he has concluded a purchase contract for an object of purchase.

6.2 The seller is a trader or entrepreneur (in line with § 14 German Civil Code) who conducts the sale engaging in commercial or self-employed activity.

6.3 The buyer’s claims for defects due to a defectiveness of the object of purchase shall be governed by statutory provisions if it has been newly manufactured.

6.4 Used or not newly manufactured goods are sold under exclusion of any warranty. The exclusion does not apply to claims for damages arising from grossly negligent or intentional breach of duty, or arising from injury to life, body, or health.

7. Liability

7.1 Machineseeker itself does not become a party of purchase contracts that are concluded through an auction. The buyer can only claim for liabilities arising from such purchase contracts against the seller with whom he has concluded a purchase contract for an object of purchase.

7.2 Claims for damages by the buyer that exceed warranty rights are fundamentally excluded. Excluded thereof are claims for damages by the buyer from the injury of life, body, or health, or from breaching essential contractual obligations (cardinal duties), as well as the liability for other damages that result from intentional or grossly negligent breach of duty by the seller. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the purchase contract.

7.3 In the event of a breach of essential contractual obligations, the seller is only liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the buyer claims for damages from injury to life, body, or health.

7.4 The restrictions of paragraphs 7.2 and 7.3 shall also apply in favor of the legal representatives and vicarious agents of the seller if claims are asserted directly against them.

7.5 As a result of factors which cannot be influenced or sufficiently influenced by the seller (so-called force majeure, for example weather-related influences), longer delivery periods may be required in individual cases. In such cases, the seller informs the buyer as soon as he gains knowledge of potential delivery delays. A liability for lost profit, unforeseeable damages, or consequential damages is excluded.

8. Final provisions

8.1 Should one or more provisions of these General Auction Terms be or become invalid or impracticable, the validity of the other provisions shall not be affected. A valid provision that comes as close as possible to the economic sense and purpose of the invalid provision will replace the invalid provision. The same applies to gaps in these General Auction Terms.

8.2 Individual agreements deviating from these General Auction Terms and Conditions of Auction are only permitted with the consent of Machineseeker. In the event of Machineseeker's consent, amendments and supplements must be made in writing. This also applies to any change, addition, or cancellation of this written form requirement itself.

8.3 These Terms and conditions as well as the legal relationship between Machineseeker and the users as a collective are exclusively governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

8.4 For all disputes arising from and in connection with legal relationships between Machineseeker and users and their settlement, and in particular arising from and in connection with these Terms and Conditions, the exclusive place of jurisdiction is the registered office of Machineseeker.