PIONEER AUCTIONS PARTICIPATION AGREEMENT
Please read carefully all the terms and conditions of this agreement. No buyer or seller will be permitted to use the Pioneer Auctions' site unless it accepts the terms of this agreement. You hereby certify that you are an authorized representative of the buyer or seller referenced in your Pioneer Auctions registration. Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. By clicking the "Register" button you accept the terms and conditions of this agreement.
Pioneer Auctions may change the terms of this agreement from time to time. By continuing to use the Pioneer Auctions site you agree to be bound by this agreement, as modified. Pioneer Auctions may change, restrict access to, suspend, or discontinue the website, or any portion of the website, at any time. Pioneer Auctions reserves the right to deny use of the Pioneer Auctions website to anyone who does not comply with the requirements set forth in this agreement or who otherwise uses the Pioneer Auctions website in a manner Pioneer Auctions considers inappropriate.
As a Participant (Participant) of Pioneer Auctions, whether as a seller or buyer, you agree to the following terms and conditions:
- Participating in Pioneer Auctions
- Capacity to Contract. These services are available only to individuals or entities that can form legally binding contracts. Without limiting the foregoing, neither minors in any jurisdiction nor may individuals who have been suspended from the services participate in Pioneer Auctions' services.
- Registration. In order to participate in the services, Participants must register with pioneerauctions.ae by filling out a registration form and providing certain information to Pioneer Auctions. When Pioneer Auctions has notified Participants that their registration form has been approved, such Participant shall become a Registered Participant. You agree that such information shall be kept current, complete and accurate by You. Pioneer Auctions reserves the right to disapprove, suspend or terminate your registration for any reason, at its sole discretion, and to prohibit you from participating in the services.
- Login ID, Password and Security. During the registration process, you will select a login ID and password. You are solely responsible in all respects for all use of and for protecting the confidentiality of your login ID and password. You agree to notify Pioneer Auctions immediately of any unauthorized use of any login ID and password or any other breach of security regarding the services.
- Release. In the event that you have a dispute with one or more Participants, you release Pioneer Auctions (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual, consequential and punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
- Information Control. Pioneer Auctions cannot control the information provided by Participants which is made available through the services. Participants may find other Participant's information to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense when using the Site. Pioneer Auctions has no control over the quality, safety or legality of the Product listed the truth or accuracy of the listings or any other information provided by the Participant about the Product.
- Listing your Product
- [Sale Authorization Agreement]. In order to auction your Product in a one of our Auctions, you agree to abide by the terms and conditions in the Selling Authorization Agreement which is hereby incorporated by reference.
- Auction Period. The Auction period shall be determined by pioneerauctions.ae
- Bidder Conduct. You acknowledge and agree that once you have placed a bid, you may not retract the bid. In addition, sale price manipulation of any kind, directly or indirectly, by Participants is prohibited, including, but not limited to, bidding through a secondary account, agent or assigns on equipment that you are selling, by communicating with other Buyers and Sellers, or by shill bidding.
- Binding Offer to Purchase. You acknowledge and agree that a bid or a request to buy any Product is a legal offer to buy the Product. Once pioneerauctions.ae accepts your offer, you are obligated to complete the transaction as accepted by pioneerauctions.ae. Accordingly, when you bid on a Product on pioneerauctions.ae, you enter a legally binding contract in which you express intent to purchase the Product at the proposed bid price. Failure to do so in a timely manner will result in termination of your pioneerauctions.ae membership and other actions taken by pioneerauctions.ae to enforce your obligations. You acknowledge that not fulfilling these obligations may be legally actionable.
- Void Bids. Pioneer Auctions reserves the right to reject or void bids, whether winning or not, which it believes have not been made in good faith, are intended to manipulate the Auction process, or are prohibited by applicable law.
- Winning Bids. Pioneer Auctions is the one and only judge for the determination of winning bids, but Pioneer Auctions shall not be liable for any errors or omissions relating to such determination, whether by Pioneer Auctions or some other person.
- Postponement and Cancellation. Pioneer Auctions reserves the right to postpone or cancel any Auction, or any sale resulting therefrom, in its own discretion, without notice. Pioneer Auctions will have no liability to prospective bidders as a result of any withdrawal, cancellation or postponement of Auctions or sales.
Fees, Deposits and Penalties.
- Sellers Fees. Pioneer Auctions' fees and commissions for Sellers are as detailed in the Sale Authorization Agreement which are hereby incorporated by reference.
- Deposit. The Buyer is required to pay a minimum deposit of AED 5,000 (Deposit) two (2) days prior to the auction. In the event that the Buyer fails to make the full payment in accordance with clause 5.2 below, the Deposit shall be forfeited. Where the transaction is completed successfully the Deposit shall be included as part of the purchase price.
- Buyer's Auction Fee. A Buyer's Auction Fee is a standard auctioneering fee that covers the cost associated with sourcing products, running the marketplace and managing services such as payment collection and fulfillment. Our standard Buyer's Auction Fee is 3.5% of the winning bid.
- Online Buyer's Fee. Any purchase at the Auction through the use of the Bidlive Online Auction Service is subject to Internet Bidding Fee 2.5% per lot of the winning bid. This Internet bidding fee has a maximum cap of AED 2,500 per lot.
- Changes. Pioneer Auctions may change its fees, payments and deposits from time to time, but no such change shall apply retroactively to the Product already listed for an Auction. Pioneer Auctions reserves the right to increase the Deposit amount in case the purchase price exceeds AED 100,000.
Completion of Winning Bid
- Liability for Product. The Product shall be and remain at the risk of the Seller (and not Pioneer Auctions) until the Product is removed from the posted Product location by the Buyer or the Buyer's designated transportation provider. The Product shall be and remain at the risk of the Buyer and/or the Buyer's designated transportation provider (and not Pioneer Auctions) while in transport. The Product shall be and remain at the risk of the Buyer once delivered to the designated location.
- Payment and Payment Schedule. Full payment is required within two (2) working days of purchase. Pioneer Auctions uses "cashU" to provide secure payment services. CashU's payment platforms are built upon, and encapsulate the most sophisticated and up to date fraud prevention and AML systems reducing the risks associated with online payments. We currently accept Visa, MasterCard, American Express and cash payments, wallets such as cashU and PayPal, prepaid cards and vouchers. You warrant that any payment method selected by you when placing a bid shall enable you to make full and immediate payment for the Product(s) chosen, if your bid becomes the winning bid. In the event that the chosen payment method does not enable you to make full and immediate payment for any reason, including without limitation insufficient funds or credit decline, Pioneer Auctions may in it sole and absolute discretion cancel your bid. In such case, Pioneer Auctions may in it sole and absolute discretion (but shall not be required to) designate the next highest bidder (meeting the applicable minimum bid or reserve requirements) as the winning bidder. At Pioneer Auctions sole discretion, but without any obligation, alternate payment methods may be arranged with the Product purchaser(s) in the case where a payment method has been declined.
- Buyer Removal of Product. Buyers are responsible for loading and shipping the Product for transportation, unless otherwise noted in the Product listing. Seller agrees to have the Product available for transportation, complete with ignition key, to the Buyer no later than one (1) business day after the conclusion of the auction for the Product. Buyer may remove the Product from the Pioneer Auctions' location once the total purchase price (and the Buyers Auction Fee) has been received by and posted to a secure payment account designated by Pioneer Auctions. If a Buyer has not removed the Product from the Pioneer Auctions' location within forty eight (48) hours after the close of the Auction and payment of full purchase price for the Product, the Buyer will be responsible for paying Pioneer Auctions any and all storage fees.
- Freight and Transportation. The Buyer is responsible for all freight, shipping and other costs related to transporting the Product from the posted Product location, including but not limited to any costs associated with certificates and/or permits required to move the Product within or across the Emirate, and/or country borders. Buyers are advised to have all such certificates and permits issued and completed prior to transporting the Product; otherwise Buyer may be subject to cleaning, permit, and/or other fees if the Product is stopped and held at a port of entry to a country. Buyers may arrange transportation of the Product through a third party, but Pioneer Auctions will not be liable for any acts or omissions arising from such third party transportation and claims no responsibility for the actions of any transportation provider. All Buyers, regardless of their chosen transportation arrangement, must submit delivery and carrier selection information to the Pioneer Auctions prior to picking-up the Product in order to generate Product release documents. Buyers may not transport the Product until full payment (including any Buyer Auction Fee) has been received by and posted to a secure payment account designated by Pioneer Auctions.
- Remittance of Proceeds to Seller. Pioneer Auctions shall remit the total purchase price less any commission or fees to Seller for such Product within seven (7) to ten (10) days of the Buyers' collection of the. Payments will be made by either electronic wire transfer or cheque.
- Ownership Certification, Verification and Lien Searches. Sellers are responsible for providing a lien-free Product to Pioneer Auctions' marketplace service. If the Seller fails to remove any lien, encumbrance or adverse claim on or to any Product sold by it or fails to perform or comply with any other of its agreements contained in this Agreement, Pioneer Auctions may at its sole discretion remove such lien, encumbrance or adverse claim using Seller proceeds or refund to the Buyer a portion or all of the purchase price of the Product (less any fees) and cancel the transaction. The Seller shall pay Pioneer Auctions upon demand all of Pioneer Auctions' expenses and payments incurred in connection with any removal of any liens or the performance thereof, as the case may be, together with interest thereon at the rate if 10% per annum compounded daily. No such payment or performance by Pioneer Auctions shall be deemed to waive breach by the Seller, or relieve the Seller, of its obligations under this Agreement.
LIVE STOCK PRODUCT
- Liability. All Live Stock Product are sold as seen, with no guarantee whatsoever. Full payment is required within 24 hours of purchase. Only cash or Manager's Cheque are accepted.
- Transportation. The Buyer undertakes the responsibility of removing the Live Stock Product from the premises within 36 hours post purchase and after the full payment has been made. Live Stock Product left on premises longer than two (2) business days from date of purchase will be charged at AED 1000 per day.
- Deposit. Pioneer Auctions reserves the right to increase the deposit amount In case of buying more than one Live Stock Product. Paperwork for each Live Stock Product will take one (1) to five (5) days for completion.
Disclaimer; Limitation of Liability; Indemnity
- Disclaimer. THE PRODUCT, SITE AND SERVICE, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE (INCLUDING WITHOUT LIMITATION THE INSPECTION REPORT), ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PIONEER AUCTIONS DOES NOT WARRANT THAT THE PRODUCT, SERVICE OR THE FUNCTIONS, FEATURES OR CONTENT INCLUDING THE INSPECTION REPORT CONTAINED THEREIN OR IN THE SITE WILL BE FUNCTIONAL, TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. PIONEER AUCTIONS AND SELLER MAKE NO WARRANTY THAT THE EQUIPMENT, SITE OR SERVICE WILL MEET BUYERS'/PARTICIPANTS' REQUIREMENTS OR EXPECTATIONS, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OR GUARANTEES THAT BY LISTING PRODUCT(S) ON THE SITE, THE LISTED PRODUCT WILL BE SOLD OR WILL BE SUITABLE FOR ANY PURPOSE. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY SERVICES ON THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICE. PIONEER AUCTIONS MAKES NO WARRANTY REGARDING ANY EQUIPMENT OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PIONEER AUCTIONS OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. PIONEER AUCTIONS EXPRESSLY DISCLAIMS ANY ENDORSEMENT OR WARRANTY OF ANY EQUIPMENT SOLD ON OR THROUGH THE SITE, AND ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANOTHER PARTICIPANT.
- Limitation of Liability. IN NO EVENT SHALL PIONEER AUCTIONS NOR SELLER BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM (A) ANY INJURY TO ANY PERSON OR PROPERTY CAUSED BY THE PRODUCT OR (B) DEFECTS IN SUCH PRODUCT ON ANY THEORY OF LIABILITY INCLUDING WITHOUT LIMITATION PRODUCT LIABILITY. IN ADDITION, IN NO EVENT SHALL PIONEER AUCTIONS OR SELLER BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICE, THE SITE OR ITS CONTENT INCLUDING WITHOUT LIMITATION THE INSPECTION REPORT AND MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF PIONEER AUCTIONS OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TOTAL LIABILITY OF PIONEER AUCTIONS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE AND THE SERVICE EXCEED, IN THE AGGREGATE, AED 50.
- Indemnity. You agree to defend, indemnify and hold harmless Pioneer Auctions, its officers, directors, agents, subsidiaries and employees from claims, demands and damages, actual and consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, to the extent arising out of or in any way connected with any breach or violation by you of this Agreement, any use by you of the Site or any disputes or damages arising out of your use of or contracts formed with you through this Site.
- Prices. All prices are listed according to their value in United Arab Emirates Dirhams.
- No Price Manipulation. You may not manipulate the price of listed Product by any means, including but not limited to using secondary accounts, colluding with third parties, or bidding on your own Product. You may not use an alias to place bids on any Product you are selling, either directly or indirectly for any reason.
- Shill Bidding Penalty. If Pioneer Auctions determines that a Seller or someone associated with a Seller has bid on that Sellers own item, shill bidding penalties will be assessed against the Seller.
- Modification and Availability. Pioneer Auctions may, at any time, delete, modify or supplement the content of pioneerauctions.ae without prior notice. Pioneer Auctions reserves the right, for any reason, at its sole discretion, to terminate, change, suspend or discontinue any aspect of the site or the service, including, but not limited to, content, features or hours of availability. Pioneer Auctions may also impose limits on certain features of the service or restrict your access to part or all of the site or the service without notice or penalty.
- Monitoring. You agree that Pioneer Auctions has the right, but not the obligation, to monitor at any time, for any reason at its sole discretion, all material and content on pioneerauctions.ae and the service. Pioneer Auctions reserves the right at all times to edit, disclose or refuse to post any material or information or request removal of or remove any material or information from pioneerauctions.ae.
- Access and Interference. You agree that you will not use any automatic device or manual process to monitor or copy Pioneer Auctions' web pages or the content contained herein. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of pioneerauctions.ae. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on Pioneer Auctions' infrastructure.
- Service Integrity. Pioneer Auctions makes reasonable commercial efforts to make its service and site available at all times. However, Pioneer Auctions is not responsible for any service interruptions, including, but not limited to, interruptions that may affect the receipt, processing and acceptance of bids or other aspects of an auction or sale.
- Termination. This agreement constitutes a legally binding agreement between you and Pioneer Auctions until terminated by you or Pioneer Auctions, which Pioneer Auctions may do at any time, without notice, at Pioneer Auctions' sole discretion. If you become dissatisfied with the service or the site, in any way, your only recourse is to immediately discontinue use of the service.
- Copyright and Trademarks. The trademarks, trade names, designs and all material contained on this site, including all portions of the web site, content, site design, text, graphics, and all intellectual property rights thereto are the sole and exclusive property of Pioneer Auctions or its licensors. The use of any such property for any other reason, on any other web site, or the modification, distribution or republication of this material without the prior written permission from Pioneer Auctions is strictly prohibited.
- Survival. If any provision of this agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of this agreement shall continue in full force and effect. The failure by either you or Pioneer Auctions to exercise or enforce any rights or provisions of this agreement shall not constitute a waiver of such right or provision.
- Privacy. We use your personal information only to provide the services you've requested. Your information will only be passed to the agent that is dealing with your sale / collection. We may also use this information for auditing, research and analysis to operate and improve our technologies and services. We will not pass your details on to any third parties.
- Entire Agreement. These terms set out the entire understanding between Pioneer Auctions and customers, Participants, Sellers, and bidders with respect to the use of this Site. No other terms, whether express or implied, shall apply unless specifically incorporated by reference herein.
- Language. The parties expressly agree that all performance under this agreement and the resolution of disputes shall be conducted in the English language. If a translation of this Agreement into any other language is required by law, the English version will prevail to the extent that there is any conflict or discrepancy in meaning between the English version and any translation thereof. If this agreement is provided to You in a language other than English, Pioneer Auctions does so solely as a convenience for you.
- Jurisdiction. This agreement shall be governed by and construed in accordance with the laws of Dubai and the United Arab Emirates. In the event of a dispute in connection with this agreement, You hereby submit to the non-exclusive jurisdiction of the Dubai courts.
Thank you for your participation