Auction bid terms

This auction terms of use is an online auction service for construction machinery, heavy machinery, agricultural machinery, and transportation vehicles pvovided by Hiro Enterprise.
It is a rule that stipulates the matters that must be strictly observed by everyone who uses HIRO INTERNET AUCTION, and the rights and obligations between the Company, the auction sellers and the auction buyers.

• Article1 Application

  1. This agreement aims to establish the rights and obligations between us and the auction seller, us and the auction buyer, or between the auction seller and the auction buyer regarding the use of this auction, and all auction sellers and auction buyers.

• Article2 Defimition

  1. The terms used in these Terms shall be in accordance with the definitions set forth in the User Terms of Use, except as otherwise provides in these Terms.

• Article3 Listing conditions

  1. When listing a machine in this auction, the auction seller must meet the following conditions at the time of applying for listing in accordance with Article5, Paragraph1.

  • ① Machines belong to the ownership of the auction seller.
  • ② Machines are not currently unoccupide or in operation, but are in a state where it can be delivered promptly after it makes a successful bid.
  • ③ Machines are not stolen items or lost items, and there are no security interest or other setting for a third party. In addition, there are no possibility that any claim of rights will be made by a third party, such as no other restrictions or restrictions.
  • ④ Machines has not been judged by us to be unsuitable fo sale.
  • ⑤ Machines delivered by sea must be cleaned to a state where they can be shipped.
  • ➅ Auction sellers pledge not to participate in bidding for opportunities they have listed.

  2. If the auction seller finds that the machine falls under the preceding paragraph after listing the machine, he/she will immediately report it to the Company and take necessary measures to eliminate the condition set forth in the preceding paragraph as much as possible.

  3. The auction seller must not perform any act violates paragraph1 by himself/herself after applying for the auction.
  In the unlikely event that you violate paragraph1 after applying for listing, the aucution seller will immediately report it to usand take necessary measures to eliminate the condition that violates paragraph1 as much as possible.

  4. If the auction seller cannot get out of the state corresponding to paragraph1 even if the necessary measures of the preceding 2paragraphs are taken, or if it is determined that necessarymeasures of the preceding 2paragraphs cannot taken, the product concerned.
  Can be disabled. In that case, the auction exhibitor will pay 80,000 yen to the Company if there is no bidder at the time of invalidation. If there are already bidders, the exhibitor must pay a penalty of 30,000 yen for the Company and a penalty of 50,000 yen to the highest bidder at the time of invalidation.

  5. If the auction seller knows about accident machines, overturning machines, inoperability, missing parts, imported used machines, etc., the auction seller shall inform the Company in advance.
  The auction seller shall bear all costs incurred due to the auctioneer’s knowledge but no prior notice.

• Article4 How to operate this auction

  1. This auction will be conducted accoording to the procedure separately determined by the Company.

  2. This auction will be operated by the following methods in addition to the procedure specified in the preceding paragraph.

  • ① Method: Auction method(A method in which mulitiple bidders bid for the price of a product, and the one who bids the highest price at the end of the auction becomes the winning bidder.
    The Company will determine whether or not the auction period will be automatically extended, the automatic extension start time, and the automatic extension period.)
  • ② Settlement currency: (Japanese Yen only)
  • ③ Commission: (Auction seller and auction buyer pay us the fees stipulaated in the fee rules.)
  • ④ Bid Unit: Minimun bid surcharge: (We set for each product)

  3. The transfer fee for payment from the user to us or paymentt from us to the user shall be borne by the user.

• Article5 Listing procedure

  1. In accordance with this agreement, the auction seller is required to list the machine to the Company, fill in the application form, transfer the condition report and detailed photograph of the machine specified in Article6, transfer the machine to be sold, and change the name.
  Apply by submitting with a copy of all the documents. In addition, the auction seller shall not dispose of the product to a third party or set collateral after the application for listing.
  Do not engage in business negotiations with third parties regarding these matters.
  In addition, the exhibitor may cancel the exhibition by paying a penalty of 80,000 yen to the Company until the first bid is made after applying for the exhibition. If there is an initial bid, the listing cannot be canceled.

  2. The Company may not permit the machines that have received the application set forth in the preceding paragraph to be put up for sale in this auction if it is determined that the machines are not suitable for sale.

  3. The auction seller must pay the listing fee stipulated in the commission provisions to the Company when the application for listing is approved.

• Article6 Condition report and detailed machine photo

  • 1.The auction seller must preparea condition report of the machine to be put up and a detailed photograph of the machine based on the format specified by the Company.
    In addition, the condition report and detailed machine photpgraph are the construction of the contents prepared and assessed by the auction seller according to the certain standards set by the company, and the contents are not guaranteed by the company.
  • 2. The auction seller shall guarantee that the contents of the condition report prepared from the preceding paragraph are not false at all. Must bear all responsibility for claims for damages, disputes etc. based on defects in the condition report due to the intention or negligence of the auction exhibitor. 
  • 3. The auction seller must create a detailed photpgraph of the machine created in accordance with paragraph1 that can grasp the state of the machine as accurately as possible.
    Do not create a situation where the person who sees the picture mistakenly recognizes the state of the machine, such as not intentionally taking a picture of the defective part. Mst bear all responsibility for claims for damages, disputes, etc. based on defects in the condition report due to the intention or negligence of the auction exhibitor.
  • 4. The auction seller shall not be liable for any hidden defects or unforseen defects in the auctined machine, in which case the auction buyer will file a claim, repair, return, exchange, claim damages or otherwise for the winning bid. No claim can be made.
  • 5.The Company dose not guarantee the completeness, accuracy, truthfulness, appropriateness, and usefulness of the condition report, detailed photographs of the machine, and the discription in the application form srt forth in Article5, paragraph1.
    We shall not be liable for any damages caused to the auction seller, auction buyer or other third parties due to the contents described.

• Article7 Posting of product information

  1. The Company can determine the period for listing the item in this auction, and the auction seller will post the item information of the item on this auction site during the auction period.

  2. The auction seller guaratees that the item is in the same state as the item information described on the listing page on this auction site, and if itis found to be in a different state, it will report to us without delay.

  3. The auction seller must not provide failse information to the Company when applying for listing of machine based on Article5, paragraph1.
  In addition, when requested by us, the auction seller must provide us with important information that affects the eligibility of machines or important information necessary to avoid misunderstandings.

  4. If a fact that violates the preceding two paragraphs is discovered, the Company may change the information without prior notice or recommendation.
  Delate product information such as machine, etc.
  Suspention of use of this auction by the product seller or cancellation of membership registration can be taken.

  5. At our discretion, we may suspend or change the content of product information posted on this auction site without prior notice.
  The Company is not responsible for the cancellation of the posting or the change of the posted content.

  6. The product information posted on this auction site is intended for use by auction buyers as reference material, and we do not guarantee the truth or accuracy of the posted information.
  We are not responsible for any unclear images of machines posted on this auction site.

  7. If the auction seller causes damage to the auction buyer or the Company due to auction product neglecting these obligations, the auction seller shall compensate for the damage.

• Article8 Pricing

  1. The auction seller determines the price of the item at the start of the auction.

• Article9 Deletion of posted product information etc

  1. The auction seller shall immediately report to the Company if it is found that all or part of the product information posted in accordance with Article7, paragraph1 of the product that the auction seller is selling falls under one of the following items.
  In this case, we can take necessary measures such as delating the product information of the product from the product page.

  • ① If the product information is incorrect or contents content that needs to be changed.
  • ② When the product information contains content that violates these Terms, User Terms of Use, or laws and regulations.
  • ③ In addition to the cases specified in the preceding items, when we are pointed out that there is a serious problem with product information.

  2. The auction seller shall immediately report to the Company if the item being sold by themselves falls under any of the following items, and the Company shall take necessary measures such as deleting the item information of the item from the listing page.

  • ① If the product information is incorrect or aontains content that needs to be changed.
  • ② If the product violates the Use Terms of Use or laws and regulations.
  • ③ When the auction seller receives administrative guidance or administrative sanctions for the product.
  • ④ When a third party receives administrative guidance or sanctions for the same product as the auction seller’s product.
  • ⑤ The item is not the property of the auction seller.
    The auction buyer has not acquired the ownership of the item for sale, such as the item has not been obtained yet, or the debt that the auction seller has incurred when purchasing the item for sale remains.
    If there is a risk that the item cannot be delivered.
  • ➅ In addition to the cases specified in the preceding items, when the Company determines that there is a serious problem with the product.

  3. Notwithstanding the provisions of the preceding two paragraphs, we may change or delete product information as necessary.

• Articl10 Auction buyer compliance

  1. Auction buyer comply with the following items

  • ① Bid once placed cannot be canceled.
  • ② Machines that you have put up for sale using this auction cannot be bid regardless of the method. (Including but not limited to the case of going through a third party)
    In addition, when a member of a corporation sells, it shall be applied even when a bid is made by an organization other than the organization that actually put up the bid within the corporation.
    If the auction buyer violates this issue,  the auction buyer must pay a penalty of 80,000 yen to the Company.
  • ③ The auction buyer must not bid on the items listed in this auction solely for the purpose of soaring the winning bid amount or for any other purpose that is not based on the true purpose of making a succseeful bid.
    In the event of an unreasonable bid, the Company may take measures such as suspending the account used for the bid or prohibiting the subsequent use of this auction.
    If the auction buyer violates this issue, a penalty of 80,000 yen must be paid to the Company and a penalty of 80,000 yen to the auction exhibitor.

  2. If the auction buyer bids on the item being sold, itis considered that the item information created by the auction seller posted on the auction site has been accepted, and there are unclear points, points to be confirmed, and other concerns in the item information.
  The auction buyer must always contact us before bidding. When we receive the inquiry, we can have the auction buyer comfirm the actual machine of the product.

• Article11 Establishment of sales contract, etc

  1. It is assumed that the person who bids the highest bid for the item put up for sale in this auction by the auction seller has made a successful bid for the item, and the winning bid condition between the auction seller and the auction buyer who has made a successful bid for the item.
  And the content is to trade in accordance with the User Terms of Use and these Terms.
  It is assumed that a sales contract related to the winning bid product is concluded with the above contents.
  Bid is considered to be completed when the bid data by the auction buyer reaches our server.
  If there is a bid within 5 minutes before the end time of the auction, the end time of the auction will be extended to 5 munites after the bidding time, and the same shall apply thereafter unite 5 munites have passed since the last bid.

  2. If the sales contract is concluded, we will notify the auction buyer to that effect.

  3. If the item is sold, the auction seller must notify the Company of the specific location where the item will be delivered to the auction buyer immediately after the end of the auction period, and determine the delivery location through the Company.
  In addition, the delivery place of the product must be within the range of the storage place described on the exhibition page as the product information specified on Article7, Paragrap1.

  4. The Company has entrusted the auction seller to the auction seller within 3 business days from the day when the Company confirmed that the successful bid product was delivered based on Article13, Paragraph1, Item1 by a reasonable method.
  Payment of the purchase price of the sold product based on the sales contract shall be made.
  By the performance deadlin, the amount obtained by deducting the total amount of the equivalent to the receivables that the Company has for the auction seller, such as the fees stipulated in the commission provisions, from the transaction price shall be paid by the method of transferring to the bank account designated by the auction seller.

  5. The auction seller is responsible for the fact that the winning bid is in the same condition as described on the listing page on this auction site until the winning bid is taken from the auction seller’s delivery location.
  However, this does not apply to tje minimum necessary changes that occur in preparation for delivery of the winning bid product and to the extent that it does not affect that use of the winning bid product.

  6. The auction seller must confirm that the radiation level of the item is less than the standard value set by the country of export destination, and if it is confirmed that the radiation level of the item is higer than the standard value after listing, decontamination must be done at your own expense.

  7. The auction seller cancels the sales contract with the auction buyer based on Article16, Paragraph1, Item1 to 10, the Company will select it at its discretion within two weeks from the day follwing the cancellation date.
  It is possible to sell the winning bid product to other purchase applicants. In principle, the delivery price of the winning bidder of the auction seller and the new purchaser will be received according to our instructions in the same way as the auction seller and auction buyer of this agreement.

  8. When the sales contract is concluded, the auction seller shall pay the contract fee stipulated in the commission stipulation to the Company, and the auction buyer shall pay the successful bid fee stipulated inthe commission stipulation to the Company.

  9. The auction exhibitor and the auction buyer will pay a penalty of 80,000 yen to the Company and a penalty of 80,000 yen to the other party of the sales contract until the delivery is completed even after the sales contract is concluded., can cancel the sales contract.

• Article12 Payment method such as the higest bid

  1. When a successful bid is made, the Comapny shall issue an invoice to the auction buyer stating the total amount of the successful bid price of the winning bid product, our fee, the carriage of the product, all together with the successful bid notification.
  The auction buyer must pay the invoice amount to the account designated by the Company within 6 business days after receiving the invoice from the Company. If the auction buyer does not pay the sale proceeds withen the relevant period, the auction buyer must pay a penalty of 10,000 yen per business day for the excess days.

  2. If the auction buyer does not pay the sale price within 12 business days from the payment deadline, the sale and purchase agreement will become void and must pay a penalty of         yen to the auction exhibitor.

  3. If the auction buyer pays the sale price, etc, to the account designated by the Company before receiving the invoice of Paragraph1 from the Company, the Company will refund the transfer amount to the auction buyer at its own discretion or the transfer is valid.
  Necessary measures such as confirmation as payment can be taken.

  4. If the amount paid by the auction buyer to the account designated by the Company after successful bid exceeds the sale price, etc, in principle, the Company will refund the difference after deducting the transfer fee and other expenses.
  If the amount is less than 10,000 yen or if the auction buyer does not contact to the Company within 24 hours after the Company informed to the auction buyer, the auction buyer has waived the right to claim the difference.
  In addition, if the payment amount of the auction buyer is less than he sale price, etc, the Company may notify the auction buyer and claim thedifference.

• Article13 Delivery of goods

  1. Delivery of the winning bid product shall be carried out based on the procedures of each of the following items.

  1. If the Company receives payment of the sale price, etc, in accordance with Article12, the consignee selected by the auction buyer or the carrier specified in Article3 at the product delivery place determined based on Article11, Paragraph3, through the auction seller.
  The successful bidder shall be deliverd to the consignee.
  It is assumed that the auction seller has deliverd the winning bid product to the auction buyer based on the sales contract upon delivery of the winning bid product.
  As a general rule, the collection of the winning bidder shall be completed within 5 business days after payment of the sale price, etc, to the Company.
  However, the delivery date and time shall be set through communication between the auction seller and the auction buyer through the Company only when it is recognized that there is a reasonable reason for exceeding the relevant period.
  In addition, if the Company determines taht the winning bidder cannot be delivered at the product delivery location on the delivery date and time, the Company shall shange the delivery date and time and the product delivery location by notifying the auction seller and the auction buyer in advance.
  In this case, the bearer of the carriage and other additional costs caused by the change is either an auction seller or an auction buyer, taking into account the circumstances in which the Company was unable to deliver the winning bid product at the original product delivery location.
  One of them shall be specified, and the designated auction seller or auction buyer shall promptly settle the additional carriage with the Company by the method specified by the Company.

  2. The auction seller shall confirm that the winning bidder should be delivered by a reasonable method at that timeof delivery based on this auction, and the auction seller mistakenly delivers the winning bidder to something other than the one that should be delivered, the Company shall not be liable for any damages incurred by the auction seller or the auction buyer due to or in connection with the delivery of the winning bid item by the auction seller.

  3. In desired, the auction buyer may request the person who receives and transports the winning bid product specified by the Company to receive the winning bid product and to mediate the transportation to the destination specified separately by the auction buyer.
  When the request is made, the Company shall select a consignee and entrust it, and the Company shall notify the auction seller and the auction buyer of the trade name, name,head office address, etc, of the consignee.

  4. The Company is not responsible for the transportation of the winning bid item to the auction seller and the auction buyer, and does not guarantee the contents of the transportation service arranged by the Company, the transportation fee, etc, and the auction buyer does not object to the Company at all.

  5. If the auction buyer cannot receive the winning bid product based ob this section because the auction buyer does not pay the sale price, the auction buyer shall bear the damage suffered by the auction seller and the Company.

  6. The Company shall not be liable for any troubled that occur during the transpotation of the winning bid item, or any matter until the winning bid item is delivered to the auction buyer.

  2. The auction buyer shall bear the cost of receiving the winning bid product in accordance with this article.
  The cost paid to the consignee.
  The cost of disassembling the winning product.
  The cost of special handling and the cost of insurance.
  It includes, but it is not limited to, the cost of obtaining the necessary licenses for the import of goods.

  3. The auction seller must store the winning bid item free of charge until it is delivered to the consignee, and cannot charge us for the storage cost.

  4. The auction seller shall cooperate maximally with the delivery of the winning bidder to the auction buyer or the consignee.

  5. In this agreement and other rules, the freight charge refers to the freight charge estimated by the Company, and the auction buyer must pay the freight charge to the Company in accordance with paragraph1 of the preceding Article.

  6. If the freight charges actually paid by the Company to the Trustee exceed our estimate, the auction buyer must pay the Company the diference.
  In addition, if the transportation fee actually paid to the transportation home by the Company for any reason is less than the Company estimated amount, the Company will collect the difference as the Company fee.

  7. The auction seller must send the documents related to the procedure necessary for changing the transfer name of the winning bid item to the Company within 2 weeks from the date of establishemnt of the sales contract.
  The Company will send document to the auction buyer immediately after the document arrives.

• Article14 Compliance with law and regulations

  • ● Auction sellers and auction buyers must comply with the User Terms of Use and laws and regulations, and obtain and maintain the necessary permits and licenses for purchasing the exhibited products at their own risk and expense.
    If there is a conflict between this agreement and the contents of the User Terms of Use regarding the use of this auction, the contents of this agreement shall take precedence.
  • ● The auction seller must take all possible precautions to ensure that the quality, function and safety of the product are correct and that there are no errors or deficiencies in the warning display and the description in the instruction manual.
    When a recall or self-regulation of products is requested by a regulatory agency or an industry group, is shall be promptly responded to.
  • ● Auction sellers and auction buyers must continuously check and comply with any revisions to these Terms and Conditions.
  • ● When auction sellers and auction buyers receive a request from the Company, they shall promotly submit the materials necessary for the Company to judge whether the other party complies with these terms and conditions.
  • ● If the Company determines that it is necessary to investigate whether the auction seller and the auction buyer comply with thses Terms, regardless of whether the materials in the preceding paragraph have been submitted, the auction seller and the auction buyer during the business hours of the auction seller and the auction buyer. And no-site inspections may be conducted at their office.
  • ● The auction seller and the auction buyer may suffer damage to the auction buyer, the auction seller, the Company or a third party in connection with use of this auction, and the Company reports the damamge to the auction seller and the auction buyer to the police station in charge.
    If you requesta submission, you must cooperate with it as much as possible.
  • ● Auction sellers and auction buyers may suspend, cancel, or cancel the transaction if the auction is subject to the OFAC regulations set by the U.S. Treasury and the transaction falls under or may be prohibited by such regulation.
    Confirm that assets may be frozen at the request of OFAC regulations.
  • ● The auction seller and the auction buyer shall not use the information of the other party obtained in connection with this auction except for the purpose of fulfilling the sales contract.

• Article15 Restitution

  1. The Headquarters shall not be liable for any damages to auction sellers, auction buyers, or other third parties related to this auction, whether intentionally or by mistaken, unless otherwise specified in these Terms.
  And shall not be liable for any damages.

  2. The auction seller did not properly provide information related to the products put up for this auction, or any other auction seller’s acts that violated this agreement or any other contract or law with the Company, fraudulent acts.
  In the event of intentional or negligent acts that cause damage to the Company, the Company shall be able to claim compensation for all damages, including indirect damages, from the auction seller.

  3. The auction buyer may not make any repairs, returns or exchanges, claims for damages or any other claim to the Company regarding the winning bid.

  4. The auction buyer cannot make a claim for repair, return, exchange, damages or any other claim to the auction seller regarding the winning bid item.

• Article16 Rescission

  1. The auction seller and the auction buyer may cancel all or part of the sales contract without notice if one of the following items applies.

  • ● When the other party violates this agreement or other terms of use, and the fact of theviolation is not corrected even if the notification is made for a reasonable period of time.
  • ● When it is recognized that the other party has no justifiable reason and is unlikely to fulfill the contract within the period.
  • ● When the other party causes serious damages or harm.
  • ● When the other party receive a disposition such as cancellation or suspension of the business license from the regulatory agenc.
  • ● When there is a petition for provisional seizure, provisional disposition, compulsory execution, auction as execution of security interest, bankruptcy proceedings, civil rehabilitation proceedings, corporate recoganization proceedings or corporate liquidation is started, or when there is a reason such as suspension of payment or insolvency.
  • ● When the other party resolves to dissolve or merges with another company.
  • ● When the other party finds it difficult to fulfill the contract due to a disaster or other unavoidable reason.
  • ● When the property atatus of the other party has deteriorated significantly or there is a reason that it is recognized that thereis a risk of it.
  • ● When the auction buyer does not desposit the entire sale price from the Companyto the designated account of the Company by the deadline stipulated in Article12, Paragraph2.
  • ● When the price transferred by the auction buyer cannot withdrawn from the account designated by the Company, regardless of the reason attributable to the Company.
  • ● When it is found that the winning bid item, which is the object of the sales contract is out of stoc.
  • ● The winning bid item is not the property of the auction seller, the item for sale has not yet been obtained, the debt borne by the auction seller when purchasing the winning bid item remains, and it is impossible to prepare documents for changing the name.
    When the auction buyer may not be able to take full ownership of the winning bid item or deliver the winning bid item.
  • ● When import customs clearance or export customs clearance is not possible for the winning bidder due to reasons attributable to the auction seller.

  2. The Company may cancel auction buyer’s bids whenever there is a valid reason.

  3. The Company shall not be liable or liable for any damages suffered by the auction seller or the auction buyer due to the bid or cancellation or cancellation of the sales contract based on the preceding two paragraphs.

  4. When a product is sold to a new purchaser, the Company can be billed the initial auction buyer the difference between the total amount of the initial auction buyer’s winning bid and its transaction fee and the total amount of the new purchaser’s purchase amount and its transaction fee.
  And various administrative fees.

Penalty provisions

• Article 1 Scope of this agreement

  This provision stipulate penalties for auction sellers and auction buyers.

• Article 2 Definition

  The terms used in these Terms shall be in accordance with the definitions set forth in the User Terms of Use and Auction Rules, expect as otherwise provided in these Terms.

• Article 3 Penalty

  1. If the penalty items specified below are applicable in the auction, the applicable user must pay the penalty amount specified at the end to the Company or other users.

  2. If the user pays a penalty to the other party, it shall be done according to our instructions and it is prohibited to contact other users directly.

• Article 4 Burden of transfer fee

  The member bears the transfer fee when the member pays to us or from us to the member.