Terms and Conditions of Auction and Membership for Consumers

1. Introduction and background

These Terms and Conditions of Auction and Membership for Consumers (“the Terms and Conditions”) apply between you as a consumer (”the Customer”/”you”) and KVD Heavy Equipment AB, corporate registration number 556531-9919 (”Kvdpro”). By accepting the terms and conditions you become a member at Kvdpro. Separate terms and conditions apply for business customers, see Terms and Conditions of Auction and Membership for Business Customers.

The terms and conditions apply to the Customer’s membership at Kvdpro, to the use of Kvdpros’ website www.kvdpro.com (“the Website”), and to services, such as the opportunity to submit a bid, which Kvdpro provides on the Website (“the Services”). If the Customer does not accept to be bound by these Terms and Conditions, the Customer may not use or gain access to the Services.

After an auction is completed and won on the Website, the Customer is given the opportunity to buy an auction object (“the Auction Object”). A purchase is always preceded by an inspection of the Auction Object on location at Kvdpro facilities or at the seller in case of Direct Auction. Separate Purchase Conditions for Consumers apply to such a purchase (see attached to these Terms and Conditions).

In accepting the Terms and Conditions, the Customer and its representatives undertake to abide by the Terms and Conditions and approve the sharing of information about personal data and consent to the use of cookies in accordance with Kvdpro’s website policy (“the Website Policy”). The Terms and Conditions, Kvdpro’s Website Policy and the information that Kvdpro gives on the Website constitute the complete agreement between the Customer and Kvdpro regarding the use of the Website and the Services.

2. Kvdpros’ role and the client

Kvd Heavy Equipment AB / Kvdpro conducts sales via kvdpro.com through auction and fixed-price sales of new and used machines, vehicles, and equipment ("Objects"), both within and outside Sweden's borders on behalf of the Client. Kvdpro appraises and sells property mainly on behalf of others, for companies, private individuals, and the public sector ("Client"). Like all other auction companies, Kvdpros’ role, against commission, is to convey property from companies, private individuals, and authorities etc. (the “Clients”), which commission Kvdpro to sell vehicles and other property, to buyers.

3. Registration

The Customer registers, so as to be able to use the Services, by filling in a registration form on the Website. There must be a physical person with the authority to commit the company to the Terms and Conditions registered as a contact person. Registration on the Website as a Customer is free of charge. After entering the information on the Website, the Customer receives a user account. An activation code is sent to the Customer via SMS or by contacting customer service. If the Customer needs help with the registration, they will be referred to Kvdpro’s customer service.

The Customer must provide correct company information, personal information and contact information and keep the information updated. The Customer is liable for incorrectly completed information. Information about how Kvdpro handles personal data may be found in Kvdpro’s Website Policy, which forms an integral part of these Conditions.

The Website is not available to, and must not be used by, persons under the age of 16 or persons whose legal ability to act is limited for other reasons or whose status as Customer has been temporarily or finally closed by Kvdpro.

The Customer is liable for all action taken while logged in using the Customer’s name and password. The Customer is only entitled to use the Service by using its own login name or email address and password. The Customer must ensure to the best of its ability that the password is kept confidential and does not become known to any unauthorised person. Furthermore, the Customer may not permit, directly or indirectly, any unauthorised person to use its login name, email address or password. The password must be changed immediately if there is reason to suspect that the information has been disclosed or in any other way misused. The Customer must also notify Kvdpro immediately if there is any suspicion that an unauthorised person knows the Customer’s password. The Customer’s own login name or “alias” may not in any way be perceived as offensive or be formulated in a way that might disrupt the auction.

Kvdpro is not liable for any losses caused as a result of unauthorised use of a Customer’s login information or user account unless due to Kvdpro's negligence.

Kvdpro may share your account and personal information with the following recipients: (a) other companies within Kvdpro's Group, and (b) IT providers, partners, marketing and research companies, finance companies and transport companies in order to offer discounts, adapt content, request transport quotes etc.

4. Auctions and bidding

The auction object is put up for sale via online auction on the Website. Tests and descriptions of Auction Objects that are put up for sale are always in accordance with Kvdpro’s templates and system and in accordance with appropriate parts of the Terms and Conditions. All Auction Objects are sold in existing condition and more information about this may be found in Kvdpro’s Purchase Conditions for Consumers.

Kvdpro’s online auctions are held throughout the week on the Website. Kvdpro may from time to time offer various Services and the opportunity to make bids and participate in bidding, as well as other possible services. The services may be free of charge or they may be associated with fees of various kinds. If a Service has an associated fee, this is stated on the Website. The conditions for bidding on the Website are given below.

Bidding on the Website is completely open and may be followed by all. To be able to bid, the Customer must first register as a member according to these conditions. A Customer wishing to participate in bidding on the Website may do so if they fulfil the Terms and Conditions and undertake to follow Kvdpro’s rules and directions. It is not permitted to participate in bidding on the Website for objects submitted oneself, nor to manipulate bidding in any way, such as through a representative. Anyone making a bid on behalf of another accepts full responsibility as the person making the bid and is thereby participating in the bidding on their own account. Kvdpro reserves the right to remove an Auction Object from the Website during the course of bidding.

A Customer may log in and make a bid in an auction on the Website at any time until the auction closes. It costs nothing for a Customer to make a bid. A Customer wishing to make a bid must follow the instructions on the Website. If a Customer regrets a bid and wishes to remove it, the Customer shall inform Kvdpro of this by sending an email to support@kvdpro.com no later than six hours before the auction countdown begins. It is not possible to remove a bid that is made less than six hours before the countdown to the auction begins.

For each Auction Object there is a stated time at which the countdown for the auction starts. If a new bid is made within approximately 3 minutes and 30 seconds of this time, the auction continues and the auction time is extended by a further 3 minutes and 30 seconds, approximately. When no bids have been submitted for approximately 3 minutes and 30 seconds, the auction is closed. The end of the auction is thus moveable and cannot be predicted. Information about ongoing auctions and preliminary closing dates may be found on the Website.

4.1 Fixed price sales and registration of interest

Apart from auction, Kvdpro also offers fixed-price sales of objects. Fixed price sales can take place either together with or without an auction.

Standalone fixed price sales
At standalone fixed price sales (fixed price sales without an auction), the Customer is offered to buy the object at a fixed price. Fixed price works as a request to purchase an object, where the Customer with the first submitted request to purchase (place no.1 in the que) is offered a buy option. When the Customer has sent the request to purchase an object, the Customer will receive information about his place in the que. If the Customer does not have the first place in the queue, he will be informed of which number in the queue he holds.

Kvdpro will contact the Customer with the first submitted request to purchase an object to complete the purchase. If the Customer does not respond or feedback within 24 hours, the buy option will be canceled and instead offered to the next Customer in the queue. The customer's reservation will then be removed. If the Customer wishes to request to purchase the object again, he may submit a new request. Kvdpro only feedback to the Customer with the first submitted request to purchase an object (place no.1 in the queue).

Fixed price sales during auction
When an object is offered for sale to a fixed price during an auction, the Customer is offered to buy the item at a fixed price during the time of the auction. Auctions that offer fixed-price sales can be ended earlier than the set end time. This happens if the buyer purchases the object at a fixed price. The options of auction and fixed price sales will be visible of the objects where this option is available. Just as for fixed price sales without auction, fixed price sales during auction works as a request to purchase the object. The Customer with the first submitted request to purchase (place no.1 in the que) is offered a buy option. Fixed price sales during auction is available Monday 07.00 to Friday 12.00 CET if the auction is live. The opportunity for fixed price sales will be removed during the weekend. The fixed price sale is also removed 24 hours before the auction's countdown as well as if the auction is receiving bids that are nearing the auction's set reservation price. Thereafter, the auction continues without the possibility of fixed price sales.

When the Customer has sent the request to purchase an object, the Customer will receive information about his place in the que. If the Customer does not have the first submitted request, he will be informed of which number in the queue he holds.

The customer with the first submitted request to purchase an object must contact Kvdpro by phone within 2 hours to complete the purchase. If the Customer with the buy option does not contact Kvdpro within 2 hours, the buy option will be offered to the next Customer in the queue. If Kvdpro is closed or not open for business when the purchase reservation is made, the Customer needs to contact Kvdpro to complete the purchase the next working day, as soon as Kvdpro is opened for business that day. If the Customer with the first submitted request to purchase and object does not complete the purchase, Kvdpro will contact the next Customer in the queue to offer them a buy option on the object. The customer's reservation will then be removed. If the Customer wishes to request the object again, he may submit a new request to purchase.

Customers who do not have the first submitted request to purchase an object should not contact Kvdpro. Kvdpro reserves the right to refuse the Customer the grant to purchase an item and at any time and for any reason, without giving any justification to refuse the purchase.

Registration of interest
When selling objects through a standalone fixed price, the Customer is offered the opportunity to submit a registration of interest. A registration of interest means that the Customer can submit a bid for the object, even if this is less than the fixed price.

A registration of interest is a request to buy the object at a lower price than listed, and does not mean that the Customer will be allowed to buy the object for the requested price. Kvdpro will, if the registration of interest includes a bid relevant to the selling customer, reconcile the bid with the selling customer. If the seller is interested in proceeding with sales to the proposed bid of the Customer, Kvdpro will contact the Customer. If Kvdpro has not contacted the Customer regarding the submitted registration of interest, the selling customer is not interested in proceeding with a transaction for the bid proposed by the Customer.

Note that a request to purchase the object will take precedence over a registration of interest. If you want to be sure of buying the item, you shall send in a request to purchase as soon as possible.

Ordinary purchase terms as well as costs (excluding brokerage fees) are applied and included in all fixed price sales.

5. Reservation price

For Auction Objects, there is often a minimum price for which the Client is willing to sell the Auction Object (the “Reservation Price”). The Reservation Price is hidden for the Customer but for each Auction Object on the Website it is stated whether the Reservation Price has been reached or not.

6. End of auction

The highest stated bid wins. Making the highest bid does not mean that Kvdpro has accepted the bid or that the Customer has the right or obligation to purchase the Auction Object. It only means that the Auction Object is reserved for the Customer until such time as the Customer has inspected it for a possible purchase. Final acceptance occurs when entering into a purchase agreement at Kvdpro’s premises - or at the Seller’s premises in case of Direct Auction - after the auction.

If an auction ends with two bids of the same amount, the bid that was submitted first wins. In the event of a dispute regarding the bidding, Kvdpro alone shall make the final determination of which bid takes precedence. If the Reservation Price has not been achieved, the Client is entitled to either put the Auction Object up for sale again without prior contact with the winning Customer or accept the highest bid, giving the Customer the opportunity to purchase the Auction Object. In many cases this means that negotiation will take place and the Customer is normally contacted within 24 hours. If the Reservation Price is achieved (which is shown under the object view on the Website), the Customer may be given the option to purchase the Auction Object at the agreed price.

After the auction, Kvdpro contacts the winning bidder by email or telephone to confirm the bid. At the same time, Kvdpro and the highest bidder agree on a day when the bidder can inspect the Auction Object. The Customer and Kvdpro (alternatively the Client) enter a binding purchasing agreement at Kvdpro’s premises - or at the Seller’s premises in case of Direct Auction - after the auction once the Customer has had a chance to inspect the Auction Object. Kvdpro’s applicable Purchase Conditions for Consumers are attached to these Conditions for your information and will be available for review by the Customer at the time of entering into the purchase agreement. The Purchase Conditions for Consumers are available on the website and at Kvdpro’s premises.

Winning bidders are responsible for answering their telephones and reading their email after the end of the auction. In cases where Kvdpro has been unable to contact the winning bidder by the working day following the auction, in spite of repeated attempts, Kvdpro is entitled to offer other bidders the chance to buy the Auction Object, unless otherwise agreed.

7. Misuse

If Kvdpro has reason to suspect that the Customer is misusing their user account or their login information, or is otherwise in breach of the provisions of these Conditions, Kvdpro may at their discretion and without prior notice to the Customer: (i) terminate the Customer’s user account, (ii) limit the Customer’s right to use the Website by preventing login and/or (iii) block access to the Website.

Kvdpro also reserves the right to limit or ban access to and use of the Services, stop bids, delay or remove contents on the Website and take technical and legal measures to prevent the Customer from using the Services if Kvdpro has reason to suspect that the Customer is misusing them, for example by bidding on Auction Objects that they do not intend to purchase or by manipulating the bidding.

Kvdpro is also entitled, regardless of reason, to send a request to the Customer to change their login information.

If the Customer has submitted misleading information indicating that they are acting as a private individual when they in fact represent a business customer, Kvdpro is entitled to charge the Customer a Bidding Fee for each auction won that the Customer has not followed through on, see item 4 of the Terms and Conditions of Auction and Membership for Business Customers.

8. Typographical errors and any technical problems

Kvdpro cannot be held responsible for any typographical errors on the Website. Nor can Kvdpro guarantee that all pictures exactly reflect the true appearance of the Auction Object.

Kvdpro has the right to refrain from selling, ignore bids from certain bidders or decide whether bidding is to be performed again because of unclear points regarding the last bid, technical problems, typographical errors or other reasons. In the event of technical problems or failure on the Website that mean that correct bidding cannot be performed, Kvdpro reserves the right to finally decide that the auction is to be stopped and repeated at a later time. In such a case, the bidders in question are notified.

Kvdpro cannot guarantee that the Website will be free of faults and disturbance, that faults will be rectified or that the Website or the servers that facilitate the Website are free of damaging components. Kvdpro is not liable for damage or loss or consequential damage that may be caused to the Customer or Client due to technical faults, communication problems or similar circumstances.

The Website may be subject to operational disturbances as above. Kvdpro reserves the right to postpone the time and date of the end of an auction after unexpected disturbances, including, but not limited to, faults in the internet connection with the server, computer infringement or service interruptions by suppliers. Kvdpro is therefore not liable for any overloading of the Website or its consequences. Nor can Kvdpro be held liable if a bid is not registered, contact is not established after bidding, the wrong bidder is contacted or if the Auction Object is sold to someone other than the highest bidder. Furthermore, Kvdpro cannot be held liable for faults or damage that arise as a result of incorrect or unauthorised use of a user account or password.

Nor is Kvdpro liable for damage, loss or consequential damage that may be caused to the Customer or Client because the Reserve Price noted in Kvdpro’s internal system is incorrect or has not been approved by the Client, with the consequence that the auction must be performed again.

The above does not apply, however, in the event of gross negligence or intent. This waiver does not limit Kvdpro’s liability pursuant to unavoidable legislation.

9. Specific limitation of liability

What is stated in this point 9 applies to consumers to the extent that the point may be considered to correspond to appropriate law.

Kvdpro is not liable for direct or indirect damages that may be incurred by a Customer. This limitation does not apply, however, in the event of gross negligence or intent. Kvdpro’s liability is further and under all circumstances limited to a sum corresponding to what the Customer has paid or should have paid for the Services that Kvdpro provided to the Customer.

10. Notifications

Notifications from Kvdpro to the Customer are found on the Website and/or sent to the email address that is registered on the Website. Notifications from the Customer to Kvdpro must be sent in the manner stated on the Website. Notifications on the Website are deemed to have been sent to the Customer as soon as the notification is made accessible. Notifications sent by email are deemed to have been sent to the other party immediately after sending. Notifications sent by ordinary post are deemed to have arrived with the other party three (3) days after sending

11. Agreement period

These Conditions enter in to force when the Customer has registered on the Website and apply until further notice. A Customer who has been excluded from the Website as a result of breach of the Terms and Conditions is not entitled to re-register or use the Website or Services via another Customer’s login with out Kvdpro’s prior written consent.

Kvdpro is entitled, as it thinks best, to decide to cease to provide the Website and Services or parts of these.

The Customer is entitled to terminate its membership of Kvdpro. In the event of termination, the Terms and Conditions continue to apply to actions, such as bidding, that the Customer performed before termination.

12. Intellectual property rights

The Website and the Services, their content and all intellectual property rights that protect these are owned by Kvdpro. The Website and its content are protected by copyright and database protection (catalogue protection). Unauthorised use or copying of all or part of the Website and Services may represent illegal infringement of intellectual property rights and may result in liability for damages. Kvdpro, KVD and its related logos and logotypes comprise Kvdpro brands. Use of these brands may only occur after Kvdpro’s written approval and, after such approval, only according to Kvdpro’s instructions.

13. Transfer

Kvdpro is entitled to assign the agreement that is regulated by these Conditions between Kvdpro and the Customer including, but not limited to, all or part of the associated rights and/or obligations to a third party. In the event of such assignment, Kvdpro will advise who has taken over the Terms and Conditions, rights and/or obligations after the assignment by means of notification on the Website or via email. If Kvdpro assigns the Terms and Conditions to a third party, the third party is then entitled to provide the same or similar services on another website. A Customer may not assign its rights and obligations according to the Terms and Conditions to a third party.

14. Amendments to the Terms and Conditions

Kvdpro may amend the Terms and Conditions, the Services and the prices for these, as well as the content of the Website, from time to time. In the event of significant changes to these Conditions, the Customer will be informed before logging in via the Website. This does not apply, however, if the change relates to amendments to legislation, statutes or the decisions of the authorities, if the change must be made immediately.

Unless Kvdpro and the Customer agree otherwise, amendments take effect thirty (30) days after the Customer has been informed of the amendment. If the Customer does not wish to accept changes in the Terms and Conditions or Services, including price changes, the Customer is entitled to terminate the agreement for access to the Website with immediate effect. In such cases, the Customer will no longer be able to log in and use the Services, and membership ceases. Such termination must be done by the Customer before once again using the Website. Kvdpro recommends that the Customer stays regularly updated on the Website in order to be aware of any changes in the Terms and Conditions.

15. Supplementary services: finance, insurance, transport, etc.

Kvdpro offers information about a number of supplementary services. More information may be found on the Website under the tab “Buy”, as well as in information about each Auction Object. The suppliers are entirely responsible for these supplementary services and the Customer signs an agreement with each appropriate supplier separately. Kvdpro only provides information about such services. Kvdpro therefore cannot be held responsible for the content of this information or the respective suppliers’ fulfilment of applicable legislation or their undertakings.

16. Applicable law and disputes

Disputes regarding the interpretation or application of these Conditions and the Website in general must be interpreted in accordance with Swedish law and should in the first instance be resolved by negotiation between the parties if possible. In the event that the parties are unable to agree, the dispute will be resolved in the Swedish courts.

Purchase Conditions for Consumers

1. Introduction and background

These Purchase Conditions for Consumers (the “Purchase Conditions”) apply when you as a private individual (the“Customer”/“you”) buy one or more objects that are placed at one of Kvdpro’s facilities or at the Seller’s premies in case of Direct Auction – see point 11 below.

The agreement is entered into between the Customer and KVD Heavy Equipment AB, corporate registration number 556531-9919 (“Kvdpro”) on behalf of a client (the “Seller”). Kvdpro has long experience of selling machines, vehicles and other property at auction. The object for sale by Kvdpro by means of bidding (the “Object”) is sold by Kvdpro in its own name but on behalf of the Seller.

Kvdpro always considers its Customers and naturally follows all the rules of consumer legislation and the decisions of the National Board for Consumer Complaints. A Customer must be at least 18 years of age in order to buy an Object. Unfortunately Kvdpro cannot accept purchases by persons aged under 18 or persons whose legal ability to act is limited for other reasons.

When a Customer places the highest bid, this entails an option, but not a right or obligation, to purchase the Object. An agreement regarding the purchase of the Object is signed in person at one of Kvdpro’s facilities or branches orat the Seller’s premies in case of Direct Auction. The Customer may not, without Kvdpro’s consent, transfer the option to buy an Object or to direct another Customer to buy the Object. There are specific conditions, in addition to these conditions, applying to foreign Customers; see point 15 below.

2. Object and Description

Kvdpro’s assignment from a Seller normally includes valuing and writing a description of an Object (the “Description”). Objects are normally used and Kvdpro’s intention is that the Description should be as true and fair as possible, but also clear and easy to read. An Object available for sale by Kvdpro is represented by the Description, which gives information about the Object and its main properties.

Kvdpro does not guarantee that all information in the Descriptions of Objects is correct. The Customer must check the Object’s condition in a scheduled viewing or when completing the purchase on site and approve that the condition corresponds to what the Customer might expect with regard to the Description. Kvdpro is not liable for any damages or defects arising from such a Description. The Customer accepts that simpler chattels for an Object may be missing, even if this is not stated in the Description. Such chattels may include, but are not limited to: garage and repair documents, floor mats, straps, etc. The fact that such simple chattel is missing shall not be considered a substantial fault, even if it has not been specified in the Description of the Object. The fact that simple chattel is missing does not give the Customer a valid reason to request a price deduction.

An Estimated auction price as stated in the Description is Kvdpro’s estimated market price for a similar object and serves only as guidance for the Customer. The price at which the Object finally sells can be considerably over or under the estimated auction price. Kvdpro cannot guarantee that the Customer will be unable to find a similar Object at a lower price. The estimated price stated is obtained from Kvdpro’s valuers and specialists in order to ensure as good a valuation as possible. Analyses and evaluations are made from a number of sources, including various industries’ pricing material, systematic searches of the internet for relevant offers on both the Swedish and foreign markets and Kvdpro’s own statistics.

Information in a Description may have changed due to additional circumstances. If a Description is given in more than one language, the Swedish version applies in the first instance.

3. Viewing and obligation to investigate

Time and place for a possible viewing of the Object prior to the auction will be indicated on the Website. Objects are normally available for scheduled viewing and collection at one of Kvdpro’s facilities or branches. Special conditions for Direct Auctions may be found under point 11 below.

The Customer has been able to form an impression of the Object for sale by viewing, either at a Kvdpro facility or branch and has then submitted a bid based on what the Customer considers the Object to be worth. In cases where viewing the Object has not been possible, the Customer has been able to judge the Object to the best of their ability by studying the Description and pictures of the Object and by consulting Kvdpro as needed.

Information about the Object in the Description has been designed to be clear and easy to read. Kvdpro’s tests of the object focus on safety details and technical function, which have been described in more detail in the Description based on the results of such tests, while what is mainly of a cosmetic nature has been described in more general terms.

Unless otherwise stated by Kvdpro in the Description or when completing the purchase on site, the Object has been inspected and tested by Kvdpro’s vehicle technicians or other experts and valued by valuers or specialists. It is however the Customer’s responsibility to check that the Object corresponds to what he or she might expect with regard to the Description.

The Object is sold used and in existing condition. The Object offered for sale may have faults and defects. The Customer must therefore carefully investigate and assess the Object’s condition. Pictures of the Object in the Description are for identification purposes only and cannot be used to judge the Object’s condition. If significant information in the Description is directly misleading however, this may represent grounds for cancelling the purchase.

Kvdpro is not responsible if the Customer has neglected his or her obligation to investigate as above and is not responsible for what the Customer may have noticed or should have noticed if the Customer fulfilled the obligation to investigate. More about Kvdpro’s responsibility for the Object may be found in item 9 below.

4. Inspection and specific guarantee

The Customer must, in exercising the obligation to investigate according to point 3 above, inspect and approve - personally or through a representative - the Object that the Customer is to purchase. After such an inspection, a binding purchase agreement with Kvdpro can be entered into, for which these Conditions apply in their entirety. The Customer is entitled to opt out of purchasing the Object until a binding purchase agreement has been entered with Kvdpro.

If the bidder with the highest bid for a certain Object has not inspected the Object on site by the indicated/agreed time, Kvdpro is entitled to bring the car up for auction again.

5. Särskilt om deklareringar

There is no description of goods in the case of vehicles that are sold on behalf of the enforcement service or bankruptcy administrators, nor for vehicles registered as goods.

6. Charges and Payment

6.1 Charges

A Customer who places the highest bid in accordance with the Terms and Conditions of Auction and Membership for Consumers, and who following inspection signs a purchase agreement in accordance with these Purchase Conditions shall pay a charge to Kvdpro in conjunction with the payment of the agreed price of the Object (the “Bidding Fee”). The Bidding Fee is intended to cover Kvdpro’s costs of handling the Object, website, marketing, administration, etc. and varies in size depending on which type of Auction Object is involved. The Bidding Fee for each Object is indicated in the object view on the Website.

The Customer is not obligated to pay the Bidding Fee if the purchase of the Auction Object is not completed for any reason. The Customer is furthermore not obligated to pay the Bidding Fee if the Customer does not come to inspect the Auction Object on site within the stated time

6.2 Payment by the Customer

The agreed price and Bidding Fee shall be paid in advance before collecting the object – as soon as possible but no later than three (3) working days after the auctions has ended. The purchase agreement between Kvdpro and the Customer is entered into when the Object is collected. Kvdpro encourages the Customer to have thought out in advance how the Object is to be paid for. Note that there may be limitations to payment alternatives.

Kvdpro reserves the right to not always offer all payment alternatives or to change the method of payment if that chosen by the Customer does not function at time of payment for any reason. Receipt of the payment or instalment is provided when the Object is collected.

A. Direct payment through PayEx or Bank deposit/transfer into bank account

A Customer shall pay for an Object in advance by direct payment through PayEx or by deposit into a bank account specified by Kvdpro. When payment is made by direct deposit into Kvdpro’s bank account, the Customer is requested to always state the object number. If the Customer and Kvdpro do not enter into a purchase agreement for the Object, the Customer is of course entitled to repayment of the amount that the Customer deposited into the bank account specified by Kvdpro.

B. Not accepted payment alternatives

Kvdpro does not accept the following methods of payment:

• Credit or charge card
• Cash payment
• Postal order
• Cheque
• Company card
• Foreign card

If the Customer is located outside Sweden, special conditions apply as shown in point 15 below.

6.3 Non payment

If the purchase has been made but the Customer has chosen one of the payment solutions above and the payment has not been completed by the time stated for such a choice, Kvdpro is entitled to take one or more of the following courses of action.

If payment is not completed as above, Kvdpro is entitled to sell the Object to another customer at the price that Kvdpro finds appropriate. In case of a resale, Kvdpro is entitled to an amount paid by the Customer in compensation for costs related to services ordered by the client that have been completely or partially provided, such as transport from one facility to another, costs of insurance policies and financing agreements, etc. If the sales price is not sufficient to cover Kvdpro’s claim, the Customer shall provide the difference.

6.4 VAT

The Obects are normally sold excluding VAT. Customers may find more information about VAT for each Object.

7. Collection and transport

Collection must take place no later than five (5) working days for Swedish customers and no later than ten (10) working days for customers registered outside Sweden, from the end of the auction or submitted fixed-price request. This is unless the Customer and Kvdpro have specifically agreed otherwise. Kvdpro is not responsible for transportation unless otherwise stated, and shipping is not included in a purchase of the Object. Purchased Objects may not be collected before full payment has been received by Kvdpro in accordance with point 6 above.

Special conditions for direct auctions may be found under point 11 below.

For Objects that are not collected within five (5) working days (Swedish buyers) or ten (10) working days (international Customers) from the day of the end of the auction or the submitted fixed price request, Kvdpro will charge the Customer with a storage fee of SEK 1,000 per Object and day, unless otherwise agreed between Kvdbil and the Customer. Kvdpro reserves the right to cancel the purchase and refund the Customer. This also applies if the Customer arranges his own transport. If transport is booked via Kvdpro, the Customer will not be charged any storage fees. If the Customer is prevented from collecting the Object on the scheduled date and time, the Customer must have a special agreement with Kvdpro.

When collecting the Object, it is the Customer’s responsibility to investigate the Object to ensure that it is not defective.

8. Re-registration and insurance of vehicles

All vehicles that are registered in the Swedish vehicle register must be re-registered to the Customer by Kvdpro as soon as possible, normally immediately after entering into the purchase agreement. Insurance is also taken out when entering into the purchase agreement. Kvdpro has a link to the vehicle registry and reports the vehicle as being in traffic unless it is banned from the road or there is some other obstacle. The Customer receives vehicle tax credit at the same time.

Re-registration normally occurs within a few days after sale. In certain cases however, re-registration can take more than two (2) weeks if the vehicle has a so-called leasing block. However this does not affect the Customer’s ability to use the vehicle. Nor does it affect the right of ownership.

9. Liability for faults

Kvdpro represents the Seller with regard to responsibility for faults in the Object. The Customer may not approach the Seller directly. All Objects are sold in existing condition as seen, that is to say the condition of the Object at the time of purchase. Used goods may have defects. This is something that the Customer must expect. For faults in Objects that consist of the Object not fulfilling the agreed properties or not being in the same condition as the Customer might have good reason to expect with regard to the Object’s price and other circumstances, Kvdpro is responsible in accordance with the following rules. Kvdpro urges the Customer to note that normal wear and tear does not constitute a fault in the legal sense.

The Seller and Kvdpro have an obligation to advise of faults of which they are aware. The Seller and Kvdpro are not liable for faults that occur after the Object comes into the possession of the buyer. The Seller and Kvdpro are not responsible for:

(a) faults that arise from the Object’s being exposed to normal wear and tear; (b) faults, defects or damage that are noted in the Description; (c) faults that the Customer might have expected in relation to price and age; or (d) faults that the Customer is or should have been aware of, such as those that the Customer should have noticed through careful perusal of the Description and studying the pictures attached to the Object or such as the Customer should have seen/noticed during viewing in accordance with point 3 above or a test drive.

If the Object is sold as a “repair object”, Kvdpro is not responsible for any fault, even if the Object has more comprehensive or other faults than those stated. Kvdpro is not responsible for the description of the Object in the Description being exhaustive with regard to damage, defects or faults.

The Seller and Kvdpro are not responsible for faults in property that is sold for the enforcement service, bankruptcy administrators or other enforced sales. For these Objects, there is no right of complaint under the Consumer Purchases Act and there is no need for them to have a description of goods.

10. Complaints and right of withdrawal

10.1 General

Kvdpro represents the Seller in questions and complaints. The Customer cannot turn directly to the Seller. The Customer may not claim that the Object is incorrect if the Customer does not within the time limits specified below leave Kvdpro notice of the ´defect or deviation (complaint).

The Customer has a duty to inspect the Object in accordance with these Terms. Defects and deviations, which were noticed or should have been noticed when the Object was examined by the Customer on these occasions, must be reported to Kvdpro immediately before the object is transported from Kvdpro's point of sale. Complaints must be made by telephone to +46 10-165-14-44 and in writing to the following address: reklamation@kvdpro.com. A complaint must contain information about which Object the complaint refers to, a description of how the error is expressed and all other relevant information and circumstances that may be of significance. It is important that the Customer, Kvdpro and the seller have handled and found a solution for the complaint before the Customer can move the item from Kvdpro's point of sale. This applies regardless of whether the object is at one of Kvdpro's facilities or at the seller. If the Customer leave the collection point with the object, we see it as an approval of the object's condition. If the Customer complains about the item upon delivery, the customer is offered a departure from the purchase. If the Customer still wishes to complete the purchase, this means that the Customer approves the item in its existing condition.

To avoid misunderstandings, an incorrectly stated bid does not constitute a reason for a complaint. Kvdpro reserves the right to refuse a complaint.

The Customer has three (3) years’ right to make such a complaint. The right to complaint only covers goods that are defective as above and under the Consumer Protection Act.

Kvdpro never reimburses the Customer for travel or other expenses that it includes buying and picking up an item sold via Kvdpro. This also applies if the customer chooses to refrain from buying the item and bring it from the collection point.

10.2 Rectifying confirmed faults

Kvdpro is entitled to rectify such faults in the sold Object as the Seller is liable for. Kvdpro is also entitled to refer the Customer to another equivalent Object.

In the event of a complaint, Kvdpro must always be notified before any form of repair is carried out. In such cases, an estimate of costs must be sent to Kvdpro. Kvdpro must in this way be given the opportunity to first assess and approve the estimate of costs or to rectify the fault with its own resources.

If the correction of a fault in an Object does not occur within a reasonable time after presentation of a complaint by the Customer, or if the fault is of material significance to the Customer, the Customer is entitled to withdraw from (cancel) the purchase and, against return of the Object, receive the amount that was paid for it. In the event of cancellation of purchase, Kvdpro is entitled to make a deduction for use amounting to 0.5% of the purchase price for every whole month since the date of purchase and 0.5% of the purchase price for every 1,000 kilometres driven, which is in line with MRF’s industry practice.

In the event of a substantial fault, Kvdpro reserves the right to buy back the Object for the auction price, less a deduction for any wear and tear etc., unless otherwise agreed with the customer.

If the Customer has made a claim and no fault exists for which Kvdpro is liable, Kvdpro is entitled to compensation for its costs.

10.4 Right of withdrawal

As the bidding does not result in an agreement between the Customer and Kvdpro (which is instead signed in person at Kvdpro’s facility after inspection), the Distance and Doorstep Sales Act (2005:59) is not applicable to the remote relationship between the Customer and Kvdpro. Against this background, the Customer is not entitled to withdraw the purchase.

11. Special conditions for Direct Auction

Under certain circumstances, Kvdpro performs a so called Direct Auction. A Direct Auction means that an Object remains with the Seller when a purchase agreement is entered into and is not transported to any of Kvdpro's facilities or branches. Direct auctions are most often held when an Object is difficult and very expensive to transport or when the Seller needs to keep the machine in operation during the sale. Whether a direct auction is applicable is stated for each Object.

With a direct auction, Kvdpro sends a staff or external tester to perform testing and documentation before the sale. When the purchase is completed and payment made, the Object is handed over from the Seller to the Buyer at its current location.

Any viewing of the Object for direct auction is done at the Seller's premises by arrangement. The same conditions for viewing, obligation to investigate, faults and claims also apply to purchases by direct auction.

After the auction, Kvdpro contacts the winning bidder by email or telephone to confirm the bid. At the same time, Kvdpro and the highest bidder agree times for entering into a purchase agreement, payment, collection, etc. On collection, the Customer hands over a document from Kvdpro that functions as a receipt and is signed by both parties. The receipt document confirms the Customer's and Seller's exchange of actions in the form of handover and collection.

12. Force Majeure

If Kvdpro’s fulfilment of its undertakings according to the Terms and Conditions is prevented or made significantly more difficult due to circumstances outside Kvdpro’s control, such as general labour conflict, war, fire, lightning strike terrorist attack, changes in the rules of the authorities or the intervention of the authorities, this represents grounds for release from liability and other consequences. If Kvdpro’s fulfilment of the Terms and Conditions is prevented for longer than three months by these circumstances, the Customer will be entitled to cancel the purchase.

13. Supplementary services: finance, insurance, transport, etc.

Kvdpro offers information about a number of supplementary services from other companies. More information may be found on Kvdpros website www.kvdpro.com under the tab “Buy”, as well as in information about each Object on the website. The companies that sell these supplementary services are entirely responsible for them and the Customer signs a separate agreement with them.

14. Applicable law and disputes

Disputes regarding the interpretation or application of these Conditions must be interpreted in accordance with Swedish law and should in the first instance be resolved by negotiation between the parties if possible. In the event that the parties are unable to agree, the dispute will be resolved in the Swedish courts.

15. Conditions for sale to countries outside Sweden

Since the Object will be exported, the following conditions apply in addition to those given above. Export entails an additional administrative fee. There are different administration fees depending on which pick up procedure you choose as a buyer.

• Admin fee for private buyers within EU and private buyers outside EU : 2236 SEK excl. VAT.

All prices are maximum and apply to items where the sales price exceeds SEK 15 000. They are valid for export inside or outside EU.

Further information can be obtained by emailing support@kvdpro.com (English and Swedish)

Sale to private individuals within the EU:

• The Customer always pays VAT on bidding fees, transport and other services in Sweden.
• The Customer always pays Swedish VAT on the Object.
• A deposit of SEK 6,000 is paid for a registered Object; no deposit is paid for an unregistered Object.
• The Customer must give Kvdpro the IBAN account number, Swift address and correct name of account holder when collecting the Object, so that Kvdpro can repay the deposit as quickly as possible after proof of export has been provided.
• On delivery, the Customer/courier must present a form of identification such as a driving licence or passport.
• If the Customer uses a courier for delivery, the courier must carry an authorisation to sign a purchase agreement.

For vehicles: Swedish registration plates are removed, which means that the vehicle must be transported from Kvdpro’s plant on another vehicle/tow or equipped with temporary registration plates. The Customer may apply for such temporary registration plates on a form from the Swedish Transport Agency, which is sent to Kvdpro (processing takes about 14 days). The fee for temporary registration is SEK 2,995 including VAT. However, not all vehicles can use temporary registration plates. Check with Kvdpro’s customer service to find out what applies for the vehicle in question. The vehicle’s documents and Swedish certificate of registration are handed to the buyer/courier on delivery. If the Object is collected with a shipping agent guarantee or similar from a forwarding agent, no deposit is needed.

Export to private individuals outside the EU and to Åland:

• The Customer always pays Swedish VAT on bidding fees, transport and other services in Sweden.
• The deposit on registered vehicles is never lower than SEK 6,000, regardless of the level of VAT, but can be higher, although not more than 25% of the amount of the total purchase of goods and services.
• The deposit on unregistered Objects is never lower than SEK 1,000, regardless of the level of VAT, but can be higher, although not more than 25% of the amount of the total purchase of goods and services.
• The deposit is repaid when proof arrives at Kvdpro that the goods have left the country. This proof must be received by Kvdpro no later than 15 days after the date of the receipt.
• If the Customer cannot deduct the VAT on the Object, there is always a deposit of SEK 6,000 on unregistered Objects and there is no deposit on unregistered Objects.
• The Customer must give Kvdpro the IBAN account number, Swift address and correct name of account holder when collecting the Object, so that Kvdpro can repay the deposit as quickly as possible after proof of export has been provided.
• On delivery, the Customer/courier must present a form of identification such as a driving licence or passport.
• If the Customer uses a courier for delivery, the courier must carry an authorisation to sign a purchase agreement.

For vehicles: Swedish registration plates are removed, which means that the vehicle must be transported from Kvdpro’s plant on another vehicle/tow or equipped with temporary registration plates. The Customer may apply for such temporary registration plates on a form from the Swedish Transport Agency, which is sent to Kvdpro (processing takes about 14 days). The fee for temporary registration is SEK 2,995 including VAT. However, not all vehicles can use temporary registration plates. Check with Kvdpro’s customer service to find out what applies for the vehicle in question. The vehicle’s documents and Swedish certificate of registration are handed to the Customer/courier on delivery. If the Object is collected with a shipping agent guarantee or similar from a forwarding agent, no deposit is needed.