Lot

57

Double ribbon mixer, missing cover, incomplete, dimensions: 2900 mm x 1600 mm x 1750 mm.

In Online auction fish and meat processing machin...

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Double ribbon mixer, missing cover, incomplete, dimensions: 2900 mm x 1600 mm x 1750 mm.
Passed EUR
Oirschot (NL), NX
Double ribbon mixer, missing cover, incomplete, dimensions: 2900 mm x 1600 mm x 1750 mm.
Double ribbon mixer, missing cover, incomplete, dimensions: 2900 mm x 1600 mm x 1750 mm.

Online auction fish and meat processing machinery in Urk (NL)

Ends from
Venue Address
De Stad 10
Oirschot (NL)
NX
5688
Netherlands

For Industrial Auctions BV delivery information please telephone +31 (0)499 872510.

Important Information

In order to bid at this sale please click here.

Start Date:10th of November 2014 10:00 hrs

End: 3th of December 14:00 hrs

Viewing day:
2nd of December from 10:00h till 16:00 hrs

Pick up day:
10th of December from 9:00h till 16:00 hrs

Terms & Conditions

Article 1. Definitions
Delivery: the actual delivery of the Lot to the Purchaser or his representative;
General Terms and Conditions for the User: the Terms and Conditions for access to and use of the website;
General Terms and Conditions of the Online Auction: these general terms and conditions;
Bid: each amount bid by User in the auction for a lot;
User: the one who has registered on the Website;
User’s Agreement: the agreement between Industrial Auctions and the User;
Lot: an article, or a number of articles that are auctioned together (under one number);
Purchase Price: the amount of the highest – allocated – bid increased by mark-up above the highest bid and the V.A.T. owed;
Purchase Agreement: the purchase agreement between the Seller and the Buyer;
Purchaser: the User to whom the Lot is allocated;
Registration: the registration of User on the Website through filling in completely the registration form found on the Website;
Specific Terms and Conditions of the Online Auction: the additional, supplementary to or in departure from the General Terms and Conditions for the User and the General Terms and Conditions of the Online Auction, as reported on the Website for the Auction in question;
Allocation: the declaration by Industrial Auctions that a Lot or combination of Lots has been allocated to the highest bidder upon payment of the Purchase Price;
Auction: the public sale of moveable goods organized by Industrial Auctions via the internet;
Seller: the one who has commissioned a Lot to be auctioned;
Website: the website https://www.industrial-auctions.com/, which is maintained by Industrial Auctions B.V., with is registered seat in Best.


Article 2. Applicability
2.1 The General Terms and Conditions for the User are applicable to the relationship between the User on the one hand and Industrial Auctions on the other in the use of the Website. In addition, the privacy statement of Industrial Auctions obtains. It is the responsibility of the user to consult the privacy statement of Industrial Auctions regularly on the Website. 
2.2 The applicability of General Terms and Conditions other than the present terms, the Specific and/or the General Terms and Conditions of the Online Auction is excluded.

Article 3. The Auction
3.1 Industrial Auctions reserves the right to cancel an Auction, to terminate an Auction earlier than reported on the Website or tot extend one. In case of a technical malfunction of the Website, causing it to be not completely accessible and/or inaccessible to Users, Industrial Auctions has the right to extend the Auction by 24 hours.
3.2 The User states by his Registration that he is familiar it hand agrees with the special circumstances of an internet auction and with the technical imperfections that can arise. Industrial Auctions denies any liability for whatever damage that may arise in any way, directly or indirectly, including but not limited to the damage arising from the use of the Website, unless there has been deliberate or conscious negligence by Industrial Auctions. More particularly, Industrial Auctions accepts no liability for any damage whatsoever that arises in any way by or from: - actions performed by the User that may have been inspired by the information placed on the Website; - the impossibility of using the Website (completely) and/or another malfunction in the Website or the supporting system; - the Lots not meeting the specifications as reported on the Website; - the fact that the information on the Website is incorrect, incomplete or out of date; - errors in the software of the Website and/or the supporting system; - the unlawful use of systems, including the Website of Industrial Auctions, by a third party.

Article 4. Organisation of the Auction Industrial Auctions
4.1 The organization, preparation and carrying out of the Auction is to be done by Industrial Auctions.
4.2 Industrial Auctions has the authority prior to and during the Auction without giving reasons:
- not to recognize a Bid as such;
- to exclude one or several Users from the Auction;
- to collect objects into Lots, to split Lots or to remove Lots from the Auction;
- to repair mistakes made by Industrial Auctions in offers and/or allocations, without the User being able to make use of the errors and/or derive any rights from them;
- to take other measures that are, in its judgment, necessary
4.3 Industrial Auctions has the authority to set as a condition for participation in certain Auctions and/or bids on certain Lots that a User provide a bank guarantee beforehand to the satisfaction of Industrial Auctions.
4.4 The judgment of Industrial Auctions concerning that which has occurred during the Auction is binding.

Article 5. Bids; Purchase Agreement

5.1 The User can place a Bid on the Website on one or several Lots. Every bid is unconditional, irrevocable and without reservation. Industrial Auctions and/or the Seller are entitled to reject bids without giving any reason. Bids are placed exclusive of mark-up and V.A.T. Industrial Auctions is authorized to place bids on behalf of third parties.
5.2 If a Lot is also brought to auction together with one or several other Lots as a combination, this will be reported on the individual page of the Lot. In that case, bids can be placed first on the individual Lots of the combination and after the closing of all individual Lots, bids can be placed on the combined Lot. Individual Lots can be allocated only if the total amount of the highest sustainable bids on the individual lots is higher than the highest sustainable bid on the combination. The combination will be allocated solely if the highest sustainable bid on the combination is higher than the total amount of the highest sustainable bids on the individual lots.
5.3 Bids can be placed in the form of a ‘static bid' or ‘proxy bid.' In a static bid, the User places a bid in the form of a fixed amount per Lot. In a proxy bid the User indicates the maximum price he is prepared to pay for the Lot. The auction system sees to it that, after outbidding by a third party, the minimally possible higher bid is introduced in the name of the User, as long as the maximum indicated by the User has not been reached. A proxy bid can be eliminated by the User solely by placing a static bid that at that moment is the highest bid.
5.4 The Purchase Agreement arises through Allocation. Allocation is generally given to the User who has made the highest Bid. By applying article 5.1, through conditions for allocation as included in the Specific Terms and Conditions of the Online Auction or for other reasons at the discretion of Industrial Auctions, a Lot can be allocated to a different User who has placed the highest sustainable Bid.
5.5 The Purchaser receives confirmation within 48 hours after the Auction has been closed (not including Saturdays, Sundays and holidays) by email on behalf of the Seller(s) that the Purchase Agreement has been made. If the User does not receive any e-mail within the period mentioned above, this means that his Bid has not been accepted. Industrial Auctions then has the right not to allocate or not to allocate under suspensive condition(s).
5.6 The risk of the Lot(s) is transferred to the Purchaser at the moment of Allocation.
5.7 Industrial Auctions is not a party to the Purchase Agreement but merely mediates in the creation of purchase agreements. If the auction is a forced sale, this will be reported in the Specific Terms and Conditions of the Online Auction.
5.8 In the event that the receiver is the Seller, section 7.19 of the Civil Code obtains.
5.9 In the event that the auction occurs in the presence of a civil-law notary or court bailiff, he will supervise the Auction and the bids placed there and the Allocations.

Article 6. Guarantees, claims and indemnities
6.1 In respect of the Lots and possible claims of third parties to these, Industrial Auctions and/or the Seller will provide no single guarantee of whatever kind. The Purchaser waives all rights except those that are his by mandatory law.
6.2 The Lots are sold for what they are worth in the state in which they are found on the date of Allocation with all benefits and burdens attached thereto. Industrial Auctions and/or the Seller do not give any indemnity of any kind for visible or hidden defects or any kind of guarantee in connection with completeness, numbers, functioning, usability, saleability, the existence or non-existence of rights of third parties and/or the possibility of transfer to third parties. Defects of whatever kind, disappointed expectations of the Purchaser and/or the receiving third parties do not bestow any rights at all to damages and/or discount. The Purchaser is assumed to have carefully investigated the Lot bought by him beforehand.
6.3 If, in respect of the Lots, claims by third parties are made on the basis of the retention of ownership, the Purchaser is obligated to hold the Lot(s) in question for those third parties, under the obligation to transfer it to the third parties at the first request or to come to a suitable arrangement with the third parties.
6.4 The Purchaser indemnifies Industrial Auctions and/or the Seller against every claim by a third party in connection with the Purchase Agreement.

 

Article 7. The Purchaser's payment obligations
7.1 The Purchaser has the obligation to transfer the Purchase Price to an account number to be indicated by Industrial Auctions within three days (not including Saturdays, Sundays and holidays) after confirmation of the Purchase Agreement. Payment should be made in Euros or in another currency to be indicated by Industrial Auctions.
7.2 In the event of a late payment of the Purchase Price, 15% of the Purchase Price, being a forfeit amount for collection costs and/or extrajudicial costs will be charged to the Purchaser by Industrial Auctions, increased by the statutory commercial interest on the outstanding amount, in-creased by 3% on an annual basis, starting on the day on which the payment should have occurred until the day of effective payment.


Article 8. Viewing Days, Auction Days, days of Delivery
8.1 Whoever enters the buildings and grounds on viewing days or on the day of delivery does so entirely at his own risk. The instructions of Industrial Auctions and/or persons called in by Industrial Auctions are to be followed. Industrial Auctions and the Seller do not accept any liability for damages arising from entering the buildings or grounds.

Article 9. Delivery
9.1 If and as soon as the Purchaser has met all his payment obligations, the Purchaser can pick up the Lot(s) in question during the hours and at the place specified by Industrial Auctions, after having showing a proper identification. This is the Delivery. The Buyer is obligated to pick up the Lot(s) no later than the date specified in the Specific Terms and Conditions of the Online Auction. Industrial Auctions can stipulate that (a) certain Lot(s) can be picked up only after Lots have been delivered.
9.2 After delivery the Purchase Agreement can no longer be terminated or destroyed by the Purchaser.
9.3 If it appears that a Lot cannot be delivered because of claims by third parties or because of the fact that the delivery would cause unacceptable damage to the buildings or premises where the Lot is situated or for other reasons appears to be strongly objectionable, Industrial Auctions is authorized to terminate the Purchase Agreement. This termination occurs by e-mail and/or registered letter to the Purchaser at the address supplied by the Purchaser, after which Industrial Auctions and/or the Purchaser is/are no longer held to restitution of the amounts already paid by the Purchaser to Industrial Auctions for the purchase of the Lot(s).
9.4 The Purchaser whose Lot(s) hinder the picking up of other lots is obligated to see to it immediately after reception of an e-mail or other written documents from Industrial Auctions that the Lot(s) are picked up. The arranging of possible storage by third parties is at the Purchaser's own charge and risk.

Article 10. Termination
10.1 If the Purchaser does not fulfill any obligation in the Purchase Agreement, including (but not limited) to not paying the Purchase Price or not paying it completely on time, not picking up the Lot(s) on time and/or not providing the information required before delivery, the Purchaser is legally in default without further notice of default being required, and Industrial Auctions can terminate the Purchase Agreement on behalf of the Seller. In that case Industrial Auctions is free to allocate the Lot(s) to another party without Industrial Auctions and/or the Seller being liable for any damages.
10.2 In case of termination as intended in 10.1, the Purchaser in default must pay, in addition to the mark-up, a forfeit amount of 25 % of the Purchase Price to cover administrative, storage, insurance and transport costs, etc., subject to the right of Industrial Auctions and/or the Seller to demand complete compensation for damages.

Article 11. Liability
11.1 The liability of Industrial Auctions, if and insofar as the other remaining stipulations of the General Terms and Conditions for the User of the Online Auction, General Terms and Conditions and (if applicable) of the Specific Terms and Conditions of the Online Auction are applied, will still be limited to the amount to which the liability insurance of Industrial Auctions accords Industrial Auctions in the instance in question, increased by the amount of excess according to the policy in question, or, if it is less, to the invoiced amount that is involved in the commission. This limitation does not apply in the event of deliberate or gross negligence by Industrial Auctions.
11.2 Industrial Auctions is not liable for indirect or consequential loss. Further, all liability of Industrial Auctions in connection with any defect in the Lot(s) or in respect of (alleged) infringement of the rights of (the intellectual property of) third parties is excluded. The purchaser declares that he knows that in respect of the Lot (s) may have rights (intellectual property) to third parties hold.
11.3 In consulting with third parties, Industrial Aucitons will take the necessary caution into consideration. Industrial Auctions is also not liable for possible shortcomings of these third parties.


Article 12. Adjustments; effect
12.1 If and insofar as any stipulation of the General Terms and Conditions of the Online Auction is null and void or is nullified, the remaining stipulations will remain undiminished in force. Industrial Auctions will then determine a new stipulation to replace the null/nullified stipulation, by which the intent of the null/nullified stipulation will be taken into consideration.
12.2 In addition to these Conditions of the Online Auction for the User, Industrial Auctions can declare the Specific Terms to be applicable. In the event of contradiction, that which is stipulated in the General or Specific Terms and Conditions of the Online Auction will be given preference above that which is stipulated in the present Specific Terms and Conditions for the User.
12.3 Departures from these General Terms and Conditions of the Online Auction for the User can occur solely insofar as this is fixed in writing by an authorized representative of Industrial Auctions.
12.4 Industrial Auctions reserves the right to amend these General Terms and Conditions of the Online Auction for the User. Amendments will take effect 24 hours after they have been announced to the User by email.

Article 13. Applicable law
13.1 Dutch law is applicable to these General Terms and Conditions for the User and to the legal relationships that are associated with the Auction.
13.2 The Dutch text of the General Terms and Conditions for the User is the original text. In the event that the General Terms and Conditions for the User are used in several languages, the Dutch text will therefore be given preference in case of lack of clarity or contradictions.
13.3 The District Court 's-Hertogenbosch is authorized (subject to the possibility of appeal and to laws that state otherwise) to decide in differences arising from the General Terms and Conditions for the User, to the exclusion of every other instance.

See Full Terms And Conditions