Auction rules of ARVAL from 1.11.2011
General auction conditions
General conditions of ARVAL CZ s.r.o. for sale of used motor vehicles on the basis of internet auction valid from 1.11.2011
1. Basic terms
"ARVAL" means ARVAL CZ s.r.o., having its registered office at the address Prague 4, Na Pankráci 322/26, postcode 140 00, business ID No: 26726998, authorised, amongst other things, for trading in the area of the purchase and sale of motor vehicles, which has the status of seller.
"Buyer" is a legal or natural person also authorised for trading in the area of the purchase and sale of motor vehicles or for brokering in the field of purchase and sale of motor vehicles.
"Vehicle" means a used motor vehicle intended for road operation owned by the company ARVAL.
"Partner" means an entrepreneurial subject registered in the records of ARVAL interested in the purchase of one or more Vehicles which are or will be offered in an Internet Auction.
"Internet Auction" means the procedure of ARVAL during offers of Vehicles for sale to Partners who are not consumers, during the submission of draft purchase contracts by Partners and selection of Buyers from the part of ARVAL.
"Purchase Price" means the price which the Partner offers for purchase of a Vehicle and which is confirmed by ARVAL pursuant to article 2.3. hereinafter and increased by CZK 2500, including VAT, which represents the administrative charge for the sale of the vehicle.As a result of a special offer this charge will not be invoiced in the period from 1.6.2014 to 31.12.2014.
2. Draft purchase contract
If for a specific Vehicle offered in an Internet Auction a price offer is assigned under the login name and password of a Partner, it shall be assumed that the Partner in question had submitted to ARVAL at the moment of such an assignment a draft for the conclusion of a purchase contract under which it undertakes to buy the Vehicle from ARVAL at the proposed price pursuant to these General Conditions. The Partner is bound by its offer, and is authorised only to increase its offered price at any time up to the end of the auction; a reduction in price is not allowed.
The subject of the purchase contract is a Vehicle with all components and equipment in the "as is" state at the moment of the conclusion of the purchase contract, i.e. with any and all evident and hidden faults. In view of the fact that the subject of sale consists of used vehicles, ARVAL provides no guarantee for the Vehicle, with the exception of any remaining warranties provided for the Vehicle by its manufacturer or original seller. Such warranties, if they exist, will be given in the handover protocol. The aforementioned also applies in the case that the Buyer did not utilise the possibility to inspect the Vehicle in person and physically.
3. Conclusion of purchase contract
Without undue delay after the expiry of the deadline for the submission of bids, i.e., after the closing of the auction, ARVAL will decide whether to conclude a purchase contract with the Partner who submitted the highest bid, or whether it will not sell the Vehicle on the basis of the submitted bids as a result of low bids; in such a case ARVAL may include the Vehicle in a new internet auction or dispose of it otherwise.
A purchase contract concerning a specific Vehicle is concluded at the moment when ARVAL confirms by telephone or email to the Buyer the acceptance of the Buyer's bid.
The buyer is obliged to pay the Purchase Price (including bid price in the auction confirmed by ARVAL, administrative fee of CZK 2500, including VAT) on the basis of the invoice of ARVAL within three days of its delivery; delivery by fax is also considered to be delivery. The Buyer is not authorised to set off unilaterally its liability for the payment of the Purchase Price or part thereof against any liability of ARVAL owed to the Buyer.
The risk of damage to the Vehicle transfers to the Buyer at the moment of receipt of the Vehicle, concerning which a handover protocol will be signed between the parties. The ownership right to the Vehicle transfers to the Buyer at the moment of payment of the entire Purchase Price.
ARVAL gives the Vehicle, including all its components, equipment, log book and other documents necessary for making changes in the motor vehicle register, without undue delay after the transfer of ownership of the Vehicle pursuant to the agreement with the Buyer.
4. Withdrawal from purchase contract and concluding provisions
ARVAL is authorised to withdraw from the purchase contract in the form of notice sent to the Buyer by email or fax in the case of delay on the part of the Buyer with the payment of the Purchase Price or part thereof lasting at least 3 working days; payment of the Purchase Price means crediting of the relevant amount to the ARVAL account. If the Buyer does not pay the Purchase Price within thirty days from the day of the holding of the Internet Auction, ARVAL shall be authorised to invoice the Buyer for an amount at the level of 2.5% of the Purchase Price as a fee for the parking of the vehicle in the logistics centre. If the Buyer does not pay the Purchase Price within forty-five days from the holding of the Internet Auction, ARVAL is authorised to exclude this Buyer from the registered Partners. This prevents it from participating in further Internet Auctions.
After withdrawal from the purchase contract ARVAL may, according to article 3.2., accept the bid of the Partner who made the next highest bid and who thus becomes the Buyer.
The rights and duties of ARVAL and the seller and Buyer not covered by these General Conditions are governed by the legal regulation of the Commercial Code, in particular the regulation of the purchase contract, unless specified otherwise.
All disputes arising from a purchase contract concluded pursuant to these General Conditions or in connection with them (including disputes concerning its validity) shall be subject to the exclusive authorisation of the Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic, and will be adjudicated by it with definitive validity by an arbitration senate pursuant to the rules of this Arbitration Court.