Listing SKU:
20989-4977851
Seller:
Maynards Europe
Warranty:
No
Listing Date:
2nd February, 2024
Last Updated:
2nd February, 2024Maynards Europe
The Maynards Group manages the liquidation, valuation, and financing of assets around the globe from offices in the United States, Canada, Germany, England, Japan and China. Our leaders’ familiarity with the local marketplace combined with our global reach enables us to deliver our services wherever our clients’ assets are located.
Location:
Germany
Member Since:
28th March, 2012 (12 years ago)
Current Listings:
1
Return Policy:
Maynards Europe GmbH
General Terms and Conditions of Sales and Auctions
1. General Business Conditions and Scope of Application
Maynards Europe GmbH (hereinafter called “Maynards“)
conducts sales and auctions of mostly used capital assets on
its own behalf and on behalf of consignors. Sales are
carried out strictly in compliance with Maynards Europe
GmbH’s General Terms and Conditions of Sales and Auctions,
no matter whether these sales are auctions, privately
negotiated sales or tender sales.
If a sale is conducted on behalf of a consignor, the general
terms and conditions of the consignor may also be effective.
Any sales announcement on www.maynards.com as well as any
sales contract shall also contain the consignor’s terms and
conditions. In case any of the provisions stipulated in the
consignor’s general terms and conditions contravene the
General Terms and Conditions of Sales and Auctions of
Maynards, the latter shall prevail over the consignor’s
terms and conditions.
By submitting either oral or written bids (also by
electronic means) to Maynards or to one of its consignors,
bidders acknowledge that a sale shall be complete only in
accordance with the General Terms and Conditions of Sale and
Auction of Maynards and the consignor’s terms and conditions
as set forth in paragraph 2.
2. Exclusion of Private Individuals
Maynards shall sell exclusively to business people (in terms
of the business law), companies as well as to public
institutions. Private individuals may be present and buy
only at public auction sales.
3. Condition of Assets, Warranty
All assets are sold as ’is where is’. Neither Maynards nor
consignor make any representation or warranty as to the
fitness for a particular purpose or the condition of the
assets. The purchaser cannot assert any warranty or damages
claims, for whatever legal ground, concerning the purchased
assets, an additional item or the replacement of an item,
because of any flaw, breach of duty of one of the
contractual partners or unlawful acts.
Absolutely no warranty or representation, written or oral,
is given with any item. All statements contained in
Maynards’ catalogue, website, marketing material or by the
auctioneers as to description, size, quantity, quality,
capacity, model, serial number, measurements or condition,
are approximated statements and shall not be deemed to be
representations or warranties, oral or written, with respect
to any item. Following prior consultation with Maynards, the
purchaser may thoroughly inspect the condition, age and
technical capacity of all items before the sale.
All indicated prices shall not be deemed to be
representations or warranties with respect to any quality or
market value. All translated statements contained in
Maynards’ catalogue, website and marketing material are for
the sake of convenience only and shall not be deemed to be
binding. Maynards shall not be liable and no compensation
shall be paid for any translation error.
4. Due Date of Purchase Price, Consequences of Delay
Upon conclusion of a contract the purchaser shall
immediately pay the Purchase Price reached in a privately
negotiated sale or through a tender sale, unless there is a
different due date. The price at which an item is knocked
down to the purchaser in an auction shall be paid
immediately.
The payable price comprises sales/bid price, buyer’s premium
and possible Value added Tax (VAT). The amount of the
premium depends on the sale specific terms and conditions.
In case the purchaser does not partly or completely fulfil
his or her contractual obligations, Maynards reserves the
right - without prejudice to other possible provisions - to
insist on the completion of the contract or to withdraw from
the contract without notice.
Maynards reserves the right to resell the assets without
notice. Maynards may resell an item in the very same auction
- also without notice - or in a subsequent auction. When
cancelling the acceptance of a bid, Maynards may
subsequently sell the assets to the second-highest bidder.
In such event the purchaser shall be liable to Maynards for
any deficiency if the resale is less than the Purchase
Price, plus all costs, in particular default interest, and
additional charges including reasonable attorney fees and
incidental damages suffered by Maynards.
5. Transfer of Ownership and Transfer of Risk
The purchase of any item is at the purchaser’s risk with
risk of loss immediately passing to the purchaser upon the
auctioneer’s call. Neither Maynards, nor its consignors,
have any liability of any nature whatsoever to the purchaser
if the item is damaged by fire, water, storm or if it is not
delivered to purchaser due to theft or any other cause. In
any of these cases, total liability devolves to the
purchaser. No items may become property of the purchaser
before payment of the full Purchase Price including buyer’s
premium and VAT.
6. Delivery, Dismantling and Removal of Assets
No items may be removed before payment of the full price.
Removal shall be at the sole risk and liability and at the
expense of the purchaser. The purchaser or the purchaser’s
agent is liable for any damage of property arising from
dismantling or removal. The purchaser shall provide Maynards
and its consignor with satisfactory proof of insurance by
Certificate of Insurance or otherwise.
The possible costs of a reconstruction of premises due to
the removal of assets shall be borne by the purchaser. The
purchaser shall be liable for any damage.
If the assets are not removed according to agreement with
Maynards, Maynards reserves the right to resell or scrap the
assets or to store it at the purchaser’s expense. The
purchaser shall be liable to Maynards for any deficiency and
follow-up costs.
The assets shall be removed in compliance with instructions
made by Maynards. The purchaser shall be liable for any
damage as a result of non-compliance.
7. Cancellation and Termination of a Purchase Agreement
Maynards shall be entitled to cancel a purchase agreement or
the acceptance of a bid. In such case the purchaser has no
entitlement to receive damages from Maynards or its
consignors. Maynards shall cancel a purchase agreement or
the acceptance of a bid, if:
- it comes to Maynards’ attention that an item is to
be exported to a country to which the item shall not be
exported due to restraint of trade. This rule especially
applies to dual-use items (i.e. which can be used for the
production of arms)
- a purchased item has not yet been delivered and
shipped and Maynards or its consignors will not be able to
deliver and ship in the foreseeable future
- the purchase price has not yet been fully
8. VAT deposit, VAT-exempted sales
purchasers from countries which are not members of the EU
shall pay VAT to Maynards as a deposit. The deposit shall
promptly be refunded, if correct proof of export is
submitted to Maynards in due time.
Purchased items shall only be delivered and shipped exempt
from VAT to VAT-registered companies that are based in EU
countries, if those companies submit their VAT-ID to
Maynards. These companies also shall submit correct proof of
export to Maynards in due time or shall sign an export
declaration.
9. Internet Auctions, Webcast Auctions
Additionally, special terms and conditions as are apparent
from the particular websites apply to Internet Auctions and
Webcast Auctions.
10. Privacy, Confidentiality
Maynards shall ensure the privacy and confidentiality of any
of its consignors’ or purchasers’ issues, unless these
issues concern information given to Maynards by its
consignor or purchaser for transactional purposes. For these
purposes, Maynards shall be entitled to save and process
data (such as name, address, Email address, telephone
number) given by consignor or purchaser according to German
Law. Such data given to Maynards shall not be passed on to
third parties that are not involved in the business
transactions.
In case Maynards is legally obligated to disclose
confidential data or is ordered by a competent court or a
competent authority to do so, Maynards shall promptly inform
the consignor or the purchaser after such an
obligation/order has come to Maynards’ attention.
Furthermore, Maynards is entitled to collect, save and
process data (such as name, address, Email address,
telephone number) given by the purchaser or the bidder for
future sales and auctions. Such data given to Maynards shall
not be passed on to third parties. This entitlement can be
revoked at any time in writing.
11. Liability Limitation
Maynards shall only be liable for damages arising from gross
negligence and wilful misconduct on the part of Maynards
and/or its agents. Any liability shall be limited to the
assets purchase price as stipulated by contract. Under no
circumstances shall Maynards be liable for loss of profit or
reputation or for any consequential losses. Maynards shall
not be liable for error.
As set forth in paragraph 5 (transfer of ownership and
transfer of risk), the purchase of any item is at the
purchaser’s risk with risk of loss immediately passing to
purchaser upon the auctioneer’s call. Neither Maynards, nor
its consignors, have any liability of any nature whatsoever
to purchaser if the item is damaged by fire, water, storm or
is not delivered to purchaser due to theft or any other
cause. In any of these cases, total liability devolves to
the purchaser.
In case of force majeure Maynards and purchaser are not
liable for partly or entirely failing to fulfil a purchase
contract due to force majeure events including natural
disasters such as flood, earthquake, epidemics as well as
embargoes, war or warlike operations, nationwide or sector-
wide strikes, all of which may happen after signing a
purchase contract and which may prevent the parties from
performing. In case of such events of force majeure the
parties agree to delay the performance of the contract until
the event preventing performance has ended. Alternatively,
Maynards reserves the right to withdraw from the contract.
12. Place of Performance, Dispute Resolution
German Law shall apply. The United Nations Convention on
Contracts for the International Sale of Goods shall not
apply. Place of venue for all disputes between Maynards and
the purchaser shall be the city of Starnberg. Maynards
reserves the right to appeal to court also at the
purchaser’s place of venue.
13. Contract Documents, Requirement of Written form,
Severability Clause
Only those documents or parts of documents (with the
exception of the General Terms and Conditions of Sales and
Auctions) shall be contract documents to which the Purchase
Agreement explicitly refers to.
Amendments or supplements to any contract between Maynards
and its consignors as well as amendments to any legal
agreements between Maynards and the purchaser (e.g. waiver,
termination) shall be made in writing. This also applies to
this written form requirement.
Should individual provisions under the contract be declared
invalid, it will not have an effect on the remaining
provisions under the contract. The parties are obligated to
replace such invalid provisions with operative provisions
which guarantee as far as possible the economic success in
accordance with the purpose of the invalid provisions.
Starnberg, July 26, 2010
