US INDUSTRIAL Press. Break / Dobladora

ASSET REMARKETING S. de R.L. de C.V.

Terms and Conditions of Sale and Service

These Terms and Conditions (“Terms”) apply to all sales and services provided by ASSET REMARKETING S. de R.L. de C.V. (“Asset Remarketing,” “Company,” “we,” “us,” or “our”), whether through direct sale, auction, brokered transactions, or other procurement-related activities. By accessing, purchasing, or participating in any sale or service, you (the “Buyer”) agree to these Terms. If you do not agree to these Terms, you may not use or access any of our services. Please contact us at info@assetremarketing.com if you have any questions or require further assistance.
1. No Warranty or Representation
All machinery, equipment, goods, and services (the "Goods") sold by Asset Remarketing are offered "AS IS, WHERE IS, WITH ALL FAULTS" and without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant the condition, functionality, or suitability of any Goods for any purpose. The Buyer is strongly encouraged to conduct thorough due diligence prior to purchase. Asset Remarketing makes no representations regarding the accuracy of information, including descriptions or valuations of the Goods, and disclaims any responsibility for errors or omissions.
2. Buyer Registration and Eligibility
Buyers must register prior to participating in any sale or auction and must provide accurate and complete information, including their name, company details, address, phone number, and email. The Buyer represents they are acting on behalf of a business or trade, not as a consumer for personal use. Asset Remarketing reserves the right to deny or terminate registration at its sole discretion without notice.
For electronic transactions, a valid credit card may be required during registration. The Buyer agrees to authorize the use of this card for any liquidated damages or fees (as defined in Section 9) in the event of default.
3. Payment Terms
Full payment must be made according to the invoice terms, generally within 48 hours following the conclusion of an auction or sale unless otherwise specified. Payments may be made by wire transfer, certified bank check, or other approved methods. Title to the Goods will not pass to the Buyer until full payment is received. Buyers are responsible for all applicable taxes and fees associated with the transaction unless a valid tax exemption certificate is provided in a form acceptable to Asset Remarketing.

4. Buyer’s Premium
Asset Remarketing may charge a Buyer’s Premium, typically a percentage of the winning bid or purchase price. This will be clearly specified in the sale or auction documentation. Buyer’s Premiums are non-refundable and must be paid along with the purchase price of the Goods.

5. Tax Obligations
The Buyer is responsible for all sales, use, export, and other applicable taxes. If a Buyer claims tax-exempt status, they must provide a valid tax-exemption certificate acceptable to Asset Remarketing. If the Buyer fails to provide such a certificate, the Buyer is responsible for paying all applicable taxes.

6. Goods Removal and Responsibility
The Buyer is responsible for the safe and timely removal of purchased Goods by the date specified by Asset Remarketing (the "Removal Date"). Asset Remarketing does not pack, ship, or remove Goods, but may assist Buyers in arranging such services at their own expense. All Goods not removed by the Removal Date shall be considered abandoned, and Asset Remarketing may dispose of the Goods without further liability to the Buyer. The Buyer assumes all risk of loss once payment has been received.
For items requiring disassembly or rigging, the Buyer must provide appropriate insurance and use qualified personnel to carry out such tasks in compliance with all legal and safety requirements.

7. Default and Liquidated Damages
If the Buyer fails to make payment or remove the Goods by the specified deadline, they shall be in default. Asset Remarketing may, at its discretion, re-market the Goods or pursue any legal remedy, including charging the Buyer’s registered credit card for any damages, including but not limited to storage, resale costs, and the difference between the original sale price and the resale price.
This notice serves as an official warning of default upon failure to comply. Asset Remarketing may recover any deficiency or loss by debiting the Buyer’s credit card on file, retaining any deposit, or pursuing legal action.

8. Title and Risk of Loss
Title to Goods passes to the Buyer once full payment is received. Risk of loss or damage to the Goods transfers to the Buyer upon payment. The Buyer agrees to indemnify and hold Asset Remarketing harmless from any claims, damages, or losses arising from the removal, transportation, or use of the purchased Goods.

9. Limitations of Liability
In no event shall Asset Remarketing be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits or business interruptions, arising out of or related to any transaction, sale, or service provided. Asset Remarketing’s liability is strictly limited to the amount the Buyer has actually paid in connection with the Goods, and no other remedies shall be available.

10. Withdrawal of Goods
Asset Remarketing reserves the right to withdraw or modify any Goods offered for sale at any time prior to or during the sale. In the event Asset Remarketing cannot deliver any Goods after payment is received, the sole remedy available to the Buyer shall be a refund of all amounts paid.

11. The Auction
11.1 The duration of an Auction is indicated on the Website. Asset Remarketing reserves the right to cancel an Auction, terminate it earlier, or extend it. In case of a technical malfunction of the Website, due to which it is not fully accessible and/or not accessible to all Users, Asset Remarketing has the right (but not the obligation) to extend the Auction.
11.2 The User is obliged to follow instructions and directions given by or on behalf of Asset Remarketing in the context of an Auction.
11.3 By registering, the User declares familiarity with and agreement to the special circumstances of an (online) auction and acknowledges potential technical imperfections. Asset Remarketing excludes all liability for any damage, direct or indirect, arising from the use of the Website, unless there has been deliberate or conscious recklessness on the part of Asset Remarketing.
11.4 Asset Remarketing reserves the right to:
• Not recognize or refuse a Bid as such;
• Exclude a User from the Auction;
• Assemble Goods into Lots, split Lots, make changes to (the composition of) the Lots, and remove Lots or Goods from the Auction;
• Cease, resume, extend, or cancel an Auction;
• Change the way the Auction takes place;
• Correct mistakes made by Asset Remarketing or the Seller in the Auction and/or Allotment, without a User being able to make use of this mistake and/or derive any rights therefrom;
• Take other measures as deemed necessary.
11.5 Asset Remarketing is authorized, before and/or during participation in an Auction and/or bidding for a Lot, to require a User to make advance payment, a penalty clause, or another form of security before proceeding to Allotment (on behalf of the Seller) or to cooperate (on behalf of the Seller) in Purchasing.

12. Public Auction
12.1 For every Auction, Asset Remarketing offers the User the opportunity, in the context of a Public Auction, to make a bid in the presence of an auctioneer in a physical room, in addition to submitting an online Bid via the Website. The Website and the Specific Terms and Conditions of the Auction will indicate that this is a Public Auction, as well as at which location the User can be present in person or how the User should register.
12.2 A Bid made during a Public Auction shall be deemed to be a Bid excluding auction fees and VAT.
12.3 To bid in a Public Auction on location, a User must be present at a location designated by Asset Remarketing at the specified time and follow the instructions of the Auctioneer or Asset Remarketing.
12.4 In addition to the possibility of placing a Bid at a physical location, the User can also place a Bid in a Public Auction via the Website.

13. Foreclosure Sale
13.1 If there is a foreclosure sale (bankruptcy auction) or sale by way of immediate execution, this will be stated in the Specific Auction Terms or on the Website.
13.2 In the case of a sale as mentioned in 12.1, the provisions of Article 7:19 of the Civil Code shall apply, and no right of withdrawal shall apply.

14. The Bid
14.1 The User can place a Bid for a Lot on the Website. Every Bid is unconditional, irrevocable, and without any reservation. Asset Remarketing and/or the Seller are entitled not to accept a Bid without giving reasons.
14.2 A Bid must be made in the manner indicated by Asset Remarketing on the Website. The Auction takes place by Static bid, Auto bid, or Tender. The auction system ensures that in the case of an Auto-bid after an overbid by a third party, the minimum possible higher Bid is placed in the name of the User, as long as the maximum indicated by the User has not been reached. An Auto Bid can only be eliminated by the User in the interim by placing a Static Bid that is the highest bid at that time.
14.3 The Auction is always a (public) invitation by the Seller to make an offer. If a User makes a Bid, this Bid is deemed to be an offer to the Seller.
14.4 If a Lot is put up for auction together with one or more other Lots as a combination, this will be indicated on the individual page of a Lot on the Website. In that case, bidding on the individual Lots of the combination and after the closing of all individual Lots can only take place for the combined Lot.

15. Allocation and Purchase Agreement
15.1 The Purchase Agreement is concluded when the Bid made by the User has been accepted by Asset Remarketing.

15.2 Asset Remarketing reserves the right not to accept a Bid without giving any reasons.
15.3 Asset Remarketing also reserves the right, in the context of the auction, to withdraw or add Goods or Lots or combine Lots.
15.4 If the User has not made full payment within the specified period, the User is in default, and Asset Remarketing may claim performance of the Purchase Agreement and the User is liable for damages.

16. Confidentiality
16.1 The User agrees to maintain confidentiality regarding any information obtained from Asset Remarketing or through the website that is not publicly available.
16.2 The User must ensure that all confidential information remains protected from unauthorized disclosure and only use it for the purposes agreed upon with Asset Remarketing.

17. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of Mexico. Any disputes arising from or related to these Terms shall be subject to the exclusive jurisdiction of the courts located in Mexico City.

18. Changes to Terms
Asset Remarketing reserves the right to amend these Terms at any time. All changes will be effective immediately upon posting on our website. Continued use of our services after changes have been posted constitutes acceptance of the new Terms.

19. Contact Information
For any questions regarding these Terms or your purchase, please contact us at info@assetremarketing.com.