KEY CONDITIONS OF AUCTION, PARTICIPATION AND SALE

 

1. These conditions are applicable to online bidding at the auction sale, and by registering to participate in the auction sale; you expressly agree to these terms and conditions and be bound by those.

 

2. Bidders represent and warrant that, Bidder is competent and eligible to enter these terms and conditions and have the requisite authority to bind itself to these term and conditions. Prospective Bidder shall not register, for participating in the auction sale, if Bidder is not competent to contract under applicable laws‚ rules and regulations. Auctioneer reserve the right to terminate any registration and / or refuse to provide access to the Auction if it is brought to its notice or if it is discovered prior or post the auction, that the person accessing/participating in the auction, is not legally competent to contract. If a prospective Bidder is registering himself as a business entity, you represent that you have the authority to bind such entity to these terms and conditions.  

 

3. Throughout these terms and conditions the following definitions shall have effect:-

 

“The Auctioneer” means AMS Auctions Limited

 

“The Buyer” means the highest bidder for each Lot.

 

"Lot” means any goods comprised in a Lot referred to in the Catalogue of which these conditions form part.

 

"Vendor” means the person, firm or Company instructing the Auctioneer to sell each Lot and includes the Vendor’s, which in this case is JCB India Limited

 

4. The Auctioneer provide the online bidding service ‘as is’ and without any warranty or condition, express, implied or statutory. Without limiting the foregoing, we accept no liability for any failures, delays or errors caused by interruptions in the availability of the online bidding service or our website or any errors or defects in their content or functionality, any software and/or hardware defects (whether the potential Buyers or the Auctioneer) and or any internet connection problems (whether the potential Buyers or the Auctioneer) and the Auctioneer do not represent or warrant that the Auctioneer’s website or online bidding platform will be error free, virus free, or that any defects will be corrected.

 

5a. These Conditions govern the sale by the Auctioneer of each Lot to the exclusion of all other terms and conditions.  All warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

 

5b.    To Bid, we also require your

         1.     Passport or Driving Licence copy

         2.     PAN Card copy

         3.     Copy of cancelled cheque ( of Bank account from which EMD is deposited )

         4.     GST Registration Certificate copy, if applicable,

The above documents with the proof of EMD payment to be emailed to auction@jcb.com

 

6. Sale Transaction: If the Buyer bids for multiple Lots and is the highest bidder for more than one Lot, then all Lots together shall be treated as one transaction for the sale purposes pursuant to this auction and all terms and conditions shall collectively be applicable as if it is only one transaction including from perspective of payment obligations.

 

7. Bidder’s highest bid will be treated as a valid bid even if at the time of placing it the Reserve is not met.

 

8. Unsuccessful Bidder:

 

If you are unsuccessful in Bidding, your deposit will be returned by JCB India (within 2 weeks from the Sale Closing) to the original account from which the deposit was received and without any interest, through electronic transfer.  In such cases, bidder must send Original cancelled cheque to JCB India, Ballabgarh, to process the EMD refund. Requests to transfer monies to any other account will not be entertained.

   

9. All items sold as “Seen”, no warranty implied or given on any Lot.

 

10. Lot for Export:  

 

(a) For Lots marked for “Export Sale” only, bidders who are outside of India can bid for these machines and such machines are meant only for export and not for use in India. The Auctioneer and/or Vendor reserves the right to cancel the auction/bid at any stage without incurring any liability whatsoever if the bidder or the Buyer fails to meet these conditions or makes a wrong representation to the Auctioneer/Vendor. 

 

(b) All the costs for export of un-registered vehicles from India to any other country shall be the sole responsibility of the Buyer without any recourse whatsoever to the Auctioneer and the Vendor.

 

(c) The Lot which are auctioned for purposes of only export, shall not be used in India in any manner by the Buyer (directly or indirectly) and the Buyer shall indemnify the Auctioneer and Vendor and their respective directors, employees and representatives against any loss, penalty or cost or expenses that they may suffer on account of export of such vehicle by the Buyer out of India or use of the Lot or for breach of any condition set out herein.

 

(d) It is the Buyer’s responsibility to establish whether a Lot may be subject to export restrictions, duties, taxes or fees. Further, these machines have been manufactured in accordance with the Indian guidelines, regulations and standards and hence, we do not guarantee the compliance of these machines with the guidelines/regulations and standards of the Country where they are proposed to be exported. 

 

(e) Further, if you intend to export vehicles, you must find out in advance if:

i.         There is any prohibition on exporting the Lots of that character.

ii.        If any additional documentation/licenses are required on ground of any existing export policy.

   

11. The Vendor reserves the right to fix a reserve price for any Lot.

 

12. The Auctioneer may, at his discretion or upon the instruction of the Vendor:-

 

(a)     Alter or withdraw any Lot or the entire Auction itself up to the moment at which the hammer falls in relation to such Lot or the Auction.

(b)     Where a reserve has been placed on any Lot, withdraw that Lot if the highest bid does not meet the reserve.

(c)      Where two or more consecutive Lots are similar in quantity and description, offer the second and subsequent Lots (or any of them) to a Bidder purchasing the first Lot at the same price.

 

13. The Auctioneer sells as agent for the Vendor and as such are not responsible for any default by the Vendor or Buyer.

 

14. The Vendor may bid for any Lot offered at the Auction.

 

15. The highest bidder for each Lot shall be the Buyer.  If any dispute arises between the Bidders and the Vendor,  the Auctioneer may at his discretion decide to either re-sell the Lot in dispute, decide the dispute or withdraw the Lot.

 

16. Registration of Lot: - 

 

a)        Bidder should note that foreign registered vehicles may incur onward registration fees.

b)        Further, the Bidders are advised to ascertain in advance of the auction what paperwork is available with the vehicle in question and to satisfy themselves as to any potential future costs to register the vehicle in India or outside India (as may be applicable) or any other liability that may arise on account of the documentation. The sale of a Lot is on "as is where is" basis and hence, JCB takes no liability of any nature whatsoever that may arise on account of lack of registration of documentation relating to the vehicle. The auctioneer or the vendor will not be held liable for any potential future issues involved with the registration of any vehicle (including the time taken for Registration of the Vehicle with the relevant authorities).

c)    The Buyer undertakes to indemnify the Auctioneer and the Vendor against any liability that may arise on account of lack of registration or documentation relating to the vehicle.

d) The Buyer must ensure prior to the bid whether the vehicle is registered or not.

e) For Un-Registered Stage V Wheeled Machines, RTO Registration Charges are not included in Bid Value and shall be borne by the Domestic Buyer, which will be extra as applicable under prevailing laws.

17. Payment Terms: 

 

(a) Auctioneer will issue a Proforma Invoice to the registered bidder who is successful in the bid. On receipt / acceptance of the Proforma invoice, the successful bidder to release the balance payment Direct or Bank Finance within the stipulated time of 2 weeks.  Request for issue of Proforma Invoice for any party other than the successful registered bidder shall not be entertained and it will be at sole discretion of Auctioneer. Domestic Buyers will be issued invoices in INR with Export Buyers issued an Invoice in GBP Sterling. Upon receipt of full payment Vendor will issue a Sales Invoice to the registered bidder who is successful in the bid.

 

(b) The Buyer shall deposit the entire Bid amount within 15 days of the successful bid i.e. Friday 27th November 2026. If the Buyer has won multiple Lots in the same auction, then for the purposes of this Condition and in line with the Condition no. 6, the amounts for all the Lots shall be payable by the aforesaid date. Failure to deposit the full payment within the prescribed timelines will result in forfeiture of the entire EMD and the bid shall deem cancelled for all the Lots of such Buyer. 

 

(c) The Buyer will have the obligation to remove all lots from the premises of the Vendor in one go and no part shipment will be permitted, in case the Buyer has won multiple Lots. Further, in case of failure of the Buyer in taking over possession of any machine within the prescribed timelines set out herein (By 4pm on Friday 27th November 2026), the Vendor shall have the right at its sole discretion to forfeit the entire EMD and the bid shall deemed cancelled for all Lot(s) in case of multiple Lots.  Further, the Vendor and the Auctioneer may in their sole discretion blacklist such Buyers from participating in future auctions. Further, the payments received from the Buyer for the Lot(s) shall be returned within 15 days to the Buyer.

 

(d) Lot(s) purchased will not be released from the Vendor’s premises until cleared funds via Bank Transfer have been received in full within the given time constraints as detailed in Condition 6 and as per the Terms set out herein.  

 

(e) We accept immediate Money Transfers in the form of BACS, CHAPS and Telegraphic Transfers directly into our Clients Account detailed Below.

 

Account Name of the Vendor: JCB India Limited

Beneficiary Address: JCB India Limited, 23/7 Mathura Road, Ballabhgarh, Haryana

 

Bank Name: Barclays Bank PLC

Bank Account Number: 000003988961

Location of Bank: New Delhi

Bank Branch Address: First Floor, Eros Corporate Tower, Nehru Place, New Delhi

 

MICR Code of Bank: 110658002

IFSC Code: BARC0INBBIR

SWIFT Code: BARCINBBMUM

 

(f) In the event that the entire payment due for the Lot (if multiple Lots then the payment for all the Lots together) is not received within the specified time, as set out in the Terms and Conditions:

 

i. the bid of the Buyer will stand cancelled by the Auctioneer and the entire Deposit/EMD will be forfeited without any notice or further action of the Auctioneer or Vendor.

ii. No extension shall be granted for making full payment.

iii. The Lot(s) will become eligible for re-auction at the sole discretion of the vendor and Auctioneer.

iv. The Buyer will be blacklisted and will not be allowed to participate in future auctions (directly or indirectly through any other means).

v. Any part payment received from the Buyer for any specific Lot will be returned in the manner contemplated herein.

   

(g) It is hereby clarified that, in terms of Condition No. 6, if the Buyer has won multiple Lots then all Lots together will be treated as one transaction and accordingly, the obligation of the Buyer of payment under this Condition shall be treated as fulfilled only upon receipt of the full payment for all the Lots together within the stipulated timeline. Any part payment will be treated as non-compliance with obligation of payment under these Conditions.

 

(h) In the event of the Registered Bidder not being successful with any bids, the EMD will be returned in full to the originating Bank Account within 15 days. Under no circumstances will the monies be returned elsewhere.

 

(i) The final invoice shall only be issued in the name of the registered bidder who is successful in the bid i.e. the Buyer.

 

(j) Each Lot shall be at the Buyer’s risk from the fall of the hammer but must be paid for in full before property in the goods passes to the Buyer. It is hereby clarified that in case of multiple Lots, the title in Lot(s) will pass in all Lots together only upon receipt of entire payment for all Lots. 

 

As from the fall of the hammer, the Buyer shall be obliged to insure his all Lot(s) against all risks which he shall deem appropriate. The Lots purchased will not be released to the Buyer or any third party who is duly designated by the Buyer for this purpose (i.e. transport) until this charge is paid in full. If any Lot is purchased, but is not so taken away by the Buyer, the Vendor/Auctioneer shall be entitled at the risk of the Buyer to remove the same to any place of storage and shall not be responsible for any expenses of such removal or storage or any damage or destruction or loss thereby occasioned. Further, where the Lots are stored by the Vendor/Auctioneer at the Buyer’s request, at their premises, the Lots so stored will be entirely at the risk of the purchaser and no responsibility can be accepted by either the Vendor or the Auctioneer for loss, damage or destruction thereby arising.

 

18.    GST:

18.1 Global Buyers will be invoiced at Zero Rate and proof of Export documents (Shipping bill & Bill of Lading and any other supporting documents) to be submitted to JCB India Headquarters at Ballabgarh, immediately after Exports.

18.2 For Domestic Buyers GST will be Extra as per applicable rates (together with necessary Local Taxes as applicable).

18.3  Merchant Export @ 0.01% is NOT allowed in Auction.

 

19. ALL ITEMS ARE SOLD AS SEEN UNLESS SPECIFICALLY STATED IN THE CATALOGUE. NO WARRANTY IMPLIED OR GIVEN.  All goods are sold with all faults, imperfections and errors of description and on an "as is where is" basis.  Illustrations in catalogues are for general identification only.  Buyers should satisfy themselves prior to the Auction as to the physical condition of each Lot including of the registration status and the documents that are available with the vehicle.  It will be the sole responsibility of the Buyer to check the registration/Transfer process within the same state or different states and to obtain the No Objection Certificate (“NOC”) from the respective authorities to change the ownership. Any statement by the Auctioneer as to the Lot is a statement of opinion only and every person should rely on his judgement as to all matters affecting the Lot. The working condition (unless stated otherwise) of the vehicles in the Lots is not determined and it is advised that all Bidders should satisfy themselves of the working condition of the vehicle prior to the auction. Neither the Auctioneer nor the Vendor, who has listed the items in the Lots, claims any responsibility for the commercial value or quality of any of the items or its roadworthiness. Any statutory or other warranty, condition or description expressed or implied as to the state, quality or fitness of the Lots is hereby expressly excluded.

    

20. The Auctioneer has used all reasonable endeavours to ensure that the description of each Lot is accurate, and the Buyer relies upon such description at his own risk. The Buyer is advised to inspect any Lot for which he intends to bid.  Since Lots have been available for inspection by or on behalf of the Buyer prior to the sale, no warranty, condition, description or representation on the part of the Vendor is given or implied; nor is any warranty, condition, description or representation to be taken to have been implied from anything said by or on behalf of the Vendor prior to the auction. The Auctioneer and the Vendor hereby exclude all liabilities for any loss or damage sustained by the Buyer as a result of or in connection with a defect in any Lot purchased, or mis-description contained in the Catalogue, the failure thereof to fulfil the functions for which they were intended by the Buyer, or any damage or loss occasioned thereto, prior to the same being removed from the Vendor’s premises.  The Auctioneer does not warrant the Vendor’s title to any Lot which is sold with such title as the Vendor may have.

 

21. The bidders are advised to ascertain in advance of the auction what paperwork is available with the Lot in question and to satisfy themselves as to any potential future costs to register (if applicable) the vehicle and/or for obtaining of any other document as may be necessary. The auctioneer or the Vendor will not be held liable for any potential future issues involved with the registration of any vehicle in India or abroad.

 

22. Each bidder shall bear all its costs associated with or relating to the participation in the auction including, but not limited to, travel, inspection of Lots, or submission of the bid.  All such costs will be borne by the bidders and the Auctioneer and/or the Vendor shall not be liable in any manner whatsoever for the same or for any other costs or expenses incurred by a bidder in preparation or submission of its bid, regardless of the conduct or outcome of the bidding process.

  

23. Transfer of ownership, if applicable –

a.      The Buyer undertakes to execute such documents and provide such information and documents as may be necessary and cooperate with the Vendor as reasonably required to transfer the ownership of the Lot in the name of the Buyer from the Vendor.

  

b. The Buyer undertakes to initiate the process of transfer of the Lot in its name in the records of the appropriate governmental authority immediately upon handing over of the Lot.

 

c.      Until the transfer of ownership in the name of the Buyer, the Buyer shall indemnify and hold harmless the Vendor and its directors and employees against any claim, liability, penalty, loss and/or expenses that the Buyer may incur in relation to such Lot.

 

d.      Until effectiveness of the ownership in the name of the Buyer, all acts done by the Buyer during such period involving the Lot shall be the sole responsibility of the Buyer and the Buyer shall indemnify and hold harmless the Vendor against any claim, liability, penalty, loss and/or expenses that the Buyer may incur on account of actions of the Buyer involving the Lot.

 

  e.       In case the Buyer fails to transfer the ownership of the Lot in its name within 90 days from the date of handover of the Lot, the Vendor shall have the right to take such actions as it deems necessary and permissible under applicable laws to protect its interest including de-registration of the Lot in the governmental records.

 

24. Damage caused to the Vendor’s premises when removing Plant and Machinery, or any part or parts thereof, must be made good by the Buyer responsible for the damage. The Buyer will be responsible for the acts of their servants and their agents, in capacity as a principal.  The Vendor reserves the right to make the final decision as to whether damage has been caused and to its cost.  The Vendor and the Auctioneer accept no responsibility for any damage caused to any Lot during its dismantling/removal from the site.

 

 25. Should any Third Party claim possession or title to all or part of a Lot prior to its removal from the Vendor’s premises, the Vendor reserves the right to rescind the sale thereof, or to permit the removal thereof from the Vendor’s premises, subject to such conditions as he may see fit to impose.

 

26. The Vendor and the Auctioneer will not be responsible for any injury to any person visiting/viewing or removing any Lot or for any damage caused to any vehicle attending the Auctioneers premises and the car parking area adjacent thereto.  Such persons attend at their own risk.

    

27. The Vendor will not be in any way responsible for failure to deliver the Lot as per delivery schedule, due to causes beyond its control such as strikes, lockouts, cessation of labour, pandemic, shortened hours, acts of God, directions/guidelines/orders issued by the Governmental authority or other causes or contingency whatsoever. The Buyer shall not be entitled to withdraw from the Bid or refuse to take delivery of the Lot due to a delay caused by a force majeure event set out above and the period of delivery shall automatically be extended accordingly.

 

28. IT Systems

 

(a) A reliable/stable broadband internet service connection is highly recommended to achieve the best bidding experience. If, however, you are unsure of the reliability/stability of your internet connection, please use the maximum bid facility.

 

(b) Bidders are advised to periodically refresh their bidding page to avoid any unforeseen interruptions within the bidding system and/or browser.

 

29. Privacy and Personal Information: You consent to the collection and use of your personal information by the Auctioneer for the purpose of creating registration and participating in the auction sale on the platform and for implementing the transaction contemplated herein including sharing the same with the Vendor. You may be required to provide certain personal information (including sensitive personal information) and expressly permit the Auctioneer from accessing and/or collecting and retaining such personal information of the registered bidders. Such provision and/or collection, storage, retention, use and disclosure of personal information of the Users shall be subject to the Privacy Policy available at https://www.amsauctions.co.uk/pages/privacy.html. Your personal data will be disclosed to third parties (such as payment processors, banks, and carriers) only to the extent required for the performance of the contract or to the extent permitted under our Privacy Policy.

 

30. Limitation of Liability:

a)      Neither the Auctioneer nor the Vendor will be liable for any loss of opportunity or profit, or any other loss or damage whatsoever suffered because of participating on the auction.

b)      If the Auctioneer or the Vendor, is found to be liable to you for any reason (including, amongst others, if we are found to be negligent, in breach of contract or to have made a misrepresentation), our liability will be limited to the Total Amount Due as paid by you to us for any Lot.

 

31. Any dispute, controversy or claim, arising out of, or relating to sale of machine by the Vendor to the Buyer/Bidder (“Dispute”), shall be referred to and settled by arbitration under the Arbitration and Conciliation Act, 1996, subject to any statutory modification thereto. The number of arbitrators shall be one (1) which arbitrator shall be mutually agreed to by the Parties. The Award made pursuant to the arbitration proceedings shall be final and binding upon the parties. The seat of arbitration shall be New Delhi. Subject to the arbitration obligation, the parties to disputes submit to the exclusive jurisdiction of the Courts in New Delhi. All disputes with the Vendor shall be governed by the laws of India.

 

32. The sale of Lot in this auction is on non-returnable basis and hence, upon receipt of payment, the Auctioneer and/or Vendor shall have not obligation whatsoever to refund such payment or take back delivery of any Lot.

 

33. The Auctioneer reserves the right to make any changes to these terms and conditions and in the catalogue, hence it is advisable to review the catalogue before closing a bid. If you use online bidding after changes have been made and posted, you shall be deemed to have agreed to such changes.