Supralift is an Internet platform specialised in the marketing of used merchandise, especially industrial handling equipment ("Goods"), via the Internet as part of B2B transactions (Business to Business, from/to companies).
This platform is open to manufacturers and/or common traders of industrial handling equipment (both hereinafter called "Traders") and industrial buyers ("End Users").
Any Trader who intends to sell a Good ("Seller") may offer such Good to prospective buyers, that is, End Users, in a marketplace. Such good is sold, at the discretion of the Seller, by way of an online auction ("Auction") and/or by way of placing an offer on the Internet site of Supralift ("Offer Price"). Under the selling format Offer Price, the Seller and prospective buyer may enter into a contract without any further involvement of Supralift.
I. General Provisions
1. Any user participating in such service shall authorise Supralift, by way of registration, to collect, store and use such user?s data as well as to publish such person?s user name under the formats Auction and Offer Price. Registration shall be free of charge; admission to the platform shall be granted by means of a user name and password assigned to such person. All the data relating to such user shall be stored and used exclusively for the purposes of processing legal transactions as well as for the operation of the platform. Such authorisation may be revoked in writing or by e-mail to email@example.com at any time.
2. End Users shall register with Supralift online. Registration for End Users shall be free of charge. Traders shall register in writing. Employees of Supralift shall subsequently make enquiries on the premises of the Trader in order to determine whether such Trader meets the quality requirements of Supralift. In the event that such prospective Trader is already known to Supralift, such enquiries may also be made by phone. Any Trader meeting such requirements shall be admitted to Supralift.
3. By sending the registration, any user participating in such service shall undertake to inform Supralift immediately of any changes to such information as such user has just provided. Such user shall have no automatic right of admission to the platform. Supralift shall reserve the right to withdraw any admission upon provision of false information or misuse.
4. Any user participating in such service shall identify himself or herself by means of a user name and password assigned to such user. He or she shall take appropriate measures to ensure the confidentiality of such information and to prevent any one not duly authorised from using such information, without such person?s consent, for the purposes of entering the platform. Such user participating in the service shall be assigned a user name and password by Supralift upon registration.
5. The Seller may choose whether to sell the Good by means of an Auction and directly through Supralift or whether to place a non-binding offer by means of the platform of Supralift (Offer Price).
II. Special Provisions Regarding the Selling Format "Auction"
1. As part of the selling format "Auction", Goods to be sold shall be auctioned off on behalf of and for the account of the Seller with respect to the Auction ("Poster") through Supralift GmbH & Co KG ("Auctioneer").
2. Any user placing a bid shall be bound by such bid until such time as a higher bid shall be received or ? in the event that such higher bid is not received ? until such time as the auction period shall expire. The Poster shall make the Good available exclusively for the purposes of the Auction. However, the Poster may, prior to receiving an initial bid, modify and/or withdraw his offer. Upon receipt of an initial bid, no modifications shall be permissible.
3. The highest bid shall be accepted if no higher bid shall have been received by the time of the acceptance. Any minimum bids as may be required shall be set by the Poster. In the event of several bids for the same amount, such bid as has been received first shall prevail. The closing time of the Auction shall be determined exclusively by the system clock of the auction platform of Supralift.
4. Following acceptance of a bid, the buyer shall be given the name and address of the Poster, and the Poster shall receive the corresponding information regarding the buyer. Both shall contact each other in order to reach direct agreement on the payment of the purchase price, pick-up, etc.
5. As concerns any doubts as to the validity of the highest bid, in particular in the event that the highest bidder contests his or her bid, the decision of the Auctioneer shall be binding and final, and all such persons participating in the Auction shall submit to such decision by reason of such participation. If necessary, the Auctioneer may suspend the acceptance and put up the Good for another Auction.
6. The Auctioneer shall be entitled to accept bids with a reservation or to reject any such bids as are deemed too low. In the event of acceptance with reservations, such act shall not create any right of acquisition with respect to the Good. The bidder shall, for a duration of seven calendar days or for such period of time as has been agreed upon by both parties at the time of acceptance of the bid, remain bound by his or her bid. The Auctioneer may reject a bid for justified reason.
7. Any Goods purchased at Auction shall be deemed as transferred to the buyer if and when notification regarding the acceptance of the bid has been sent to the buyer by e-mail; at such time, liability for and risk of accidental perishing or loss of or damage to such Good shall pass to the Auction buyer.
8. In the event that the purchase price is not paid in due time or in the event that the Goods bought at Auction are not retrieved in due time, the Poster, following an adequate and reasonable grace period, shall be entitled to claim damages due to non-performance or to rescind the contract. The Poster may also store the Goods bought at Auction at the expense and risk of the buyer. The buyer shall be obligated to collect all such Goods as have been bought at Auction.
9. The removal of the Goods bought at Auction shall be at the expense and risk of the buyer, provided that the Poster shall not have made other arrangements. The buyer shall be liable for any damage caused to the property of the Poster as a result of such removal. The buyer shall enter, for the purposes of removal, such location as is used for the storage of the equipment at his or her own risk. Any liability of the Auctioneer or the Poster shall be excluded.
III. Special Provisions Regarding the Selling Format "Offer Price"
1. Under the selling format "Offer Price", the Seller shall provide information on the Goods offered, in particular on his or her price expectations. For this purpose, the Seller himself or herself shall not be deemed to make an offer in a legally binding manner. Any such information provided shall be deemed an invitation to End Users to place legally binding bids themselves. The Seller may withdraw his or her invitation at any time. The Seller shall not be bound by it; as a result, prospective buyers shall have no legal claims with respect to and on the grounds of such information provided by the Seller.
2. The prospective buyer shall contact such Seller directly as has placed the offer in the marketplace. The prospective buyer and the Seller shall enter into a direct contract concluded on such terms and conditions as agreed upon between them and without any further involvement of Supralift. For such purposes, acceptance of any one bid shall be at the discretion of the Seller.
IV. Additional Provisions Regarding the Formats Auction and Offer Price
1. The use of the services of Supralift shall be free of charge to End Users.
2. Supralift shall act as an intermediary with respect to contracts concluded between users of the service (Auction) and/or shall enable users to initiate contracts for sale (Offer Price). Such contracts for sale shall be exclusively between the users, that is, the Poster and/or Seller on the selling side and the bidder and/or user placing a bid on the buying side. Parties to such contracts shall be solely liable for compliance with such statutory provisions as shall apply to the conclusion and execution of such contracts. Upon initial request, the contractual parties shall save Supralift harmless with respect to all such claims as may be brought against Supralift by a user by reason and in the context of the formats Auction or Offer Price or contract conclusions, provided that Supralift shall not be liable under IV.5.
3. Since the contract for sale shall be between the Seller and the buyer, Supralift shall not assume any warranty obligations with respect to the Goods sold. Any warranty obligations shall exist exclusively between the seller and the buyer by virtue of any contract entered into between them. The information contained in the specifications of the Seller, in particular technical specifications, measurements, quantities or any reference to quality standards, shall not be deemed warranted characteristics if the Seller has not made any express representations to the contrary. With respect to either selling format, the Seller may set out a warranty the scope of which in terms of time and content shall be determined by the Seller. In the absence of any provisions by the Seller to the contrary, the Goods shall be deemed offered as they are and excluding any warranty whatsoever.
4. If any one user fails to fulfil his or her obligations hereunder, Supralift shall be entitled to exclude such user from any further participation in the platform. Supralift shall reserve the express right to assert any claims for damages in connection therewith. The user shall save Supralift harmless with respect to any such damage as may arise for Supralift as a result of flawed data or data containing viruses received from the user.
5. Supralift shall be liable, vis-à-vis users, for any infringement of contractual and non-contractual obligations, in particular due to impossibility of performance, default, positive violation of contractual duties, culpa in contrahendo and torts and with respect to any such acts by its executives and vicarious agents, only in cases of damage caused by them intentionally or by gross negligence. Such liability shall be limited to such damage as can be reasonably foreseen and as is deemed typical of the contract at hand upon entering into the contract and shall exclude liability for any useless expenditure of the claimant. Such exclusion of liability shall not apply to cases of negligent violation of essential contractual duties (cardinal duties) to such extent as such violation jeopardises the attainment of the objective of the contract.
6. Supralift shall not make any warranties with respect to the availability of its Internet site http://www.supralift.com at all times and shall not be liable for any imponderabilities in connection with the medium Internet. In particular, Supralift shall not be held responsible in the event that bids cannot be processed or stored due to such technical problems as lie outside the control of Supralift.
7. Supralift may deny access to any user at any time. Users may terminate their participation in the platform in writing, or by e-mail to firstname.lastname@example.org, with a notice period of one month effective at the end of each month. Any accrued payment obligations shall remain in effect.
8. Place of performance with respect to payments to Supralift shall be Frankfurt / M., Germany. If the user is a merchant or a legal entity under public law or constitutes special assets under public law, the place of jurisdiction with respect to any disputes arising between Supralift and the user shall be Frankfurt am Main. In addition, Supralift shall have the right to bring claims against each user before a court of law in such user?s general jurisdiction. All legal relationships between Supralift and the user shall be subject to the laws of the Federal Republic of Germany to the exclusion of conflict-of-laws provisions and the UN Sales Convention.
9. These GTC of Supralift shall apply exclusively. Any terms and conditions of users to the contrary or departing herefrom shall not be recognised by Supralift unless Supralift shall have expressly consented thereto in writing. Supralift shall notify users of any changes to these GTC by e-mail sent to such addresses as specified by users. In the event that there is no immediate objection to such changes (within 14 days), any such changes to the GTC shall be deemed adopted. In the event of objections, the contract shall be deemed valid on the basis of such GTC as are in effect for such time required to wind up such legal transactions as are valid at the time of such changes and shall be terminated upon winding-up of such legal transactions by mutual agreement.