NT ON-LINE AUCTION GENERAL RULES


Before registering as a Member, please make sure to read ON-LINE AUCTION BASIC RULES, ON-LINE AUCTION GENERAL RULES and FREQUENTLY ASKED QUESTIONS. ON-LINE AUCTION provides all services subject to the ON-LINE AUCTION GENERAL RULES, so if you do not agree to the following conditions,then do not register or attempt to use our services. while if you do, then click on the register button to submit your information online.



GENERAL RULES:
These rules ("RULE") shall govern the entire relationship between NIPPON TRADING CO., LTD. ("NT") and Member ("Member") relating to use of information provision service "ON-LINE AUCTION FOR USED HEAVY EQUIPMENT"("ON-LINE AUCTION") managed by NT.

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Article 1. Scope and Amendment of the Agreement

Any rule announced to a Member from time to time online or by other means selected by NT shall comprise a part of this Agreement, and the Member shall comply with such rule. NT may, from time to time, amend this Agreement without obtaining the prior approval of the Member , and the Member shall be deemed to approve such amendment. Amendments to this Agreement may be announced to the Member from time to time online or by other means selected by NT.

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Article 2. ON-LINE AUCTION's services

ON-LINE AUCTION's services are as follows:

  1. To provide any information about used construction equipment for both sellers and buyers.
  2. To provide other information relating construction equipment.
  3. To provide any services for electronic commerce services. NT may amend the contents of services without obtaining the prior approval of the Member as discribed in Article 7 in this Agreement..
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Article 3. Member

Member shall mean the person or company who is approved to use ON-LINE AUCTION by NT.

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Article 4. Admission of Member

NT may refuse to approve applications for admission for any reason, including the following:

  1. Participation to ON-LINE AUCTION was canceled in the past due to the breach of the Agreement
  2. Any information in the application provided to NT was false
  3. Any other reason for which NT considers it inappropriate, in its sole discretion, to admit the applicant as a Member
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Article 5. Responsibility for Management of ID Number and Password

The Member shall not assign to third parties, allow third parties to use, buy, sell, cause a change in name, or encumber Member's identification number provided by NT ("ID Number") or Password. Each Member shall be responsible for the control and use of his or her ID Number and Password and agrees to indemnify NT against any damages arising out of use thereof. The Member shall take any responsibilities for the use of ON-LINE AUCTION with his or her own ID Number and Password.

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Article 6. Equipment

The Member shall, at its own expense, prepare all telecommunication devices and other equipment necessary to use ON-LINE AUCTION and connect, at its own expense, its own equipment with the ON-LINE AUCTION using electronic communication services. The Member , at its own expense and under its own responsibility, shall take all appropriate steps in connection with the foregoing.

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Article 7. Changes in Services of ON-LINE AUCTION

NT may, without prior notice to the Member , amend any of the conditions, rules of operation or services made available in connection with ON-LINE AUCTION, and the Member hereby agrees to such amendments which may include, without limitation, partial revisions or suspension of ON-LINE AUCTION services. NT shall announce any such amendment and suspension of services online or by other means selected by NT.

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Article 8. Temporary Suspension of Services

NT may temporarily suspend ON-LINE AUCTION services without the prior notice to the Member for any reason, including the following:

  1. In the event of periodic or emergency maintenance of the ON-LINE AUCTION system
  2. In the event that ON-LINE AUCTION services can not be provided due to fire or electrical outage
  3. In the event that ON-LINE AUCTION services can not be provided due to acts of God such as earthquakes, volcanic eruption, flood, or tidal wave
  4. In the event that ON-LINE AUCTION service can not be provided due to wars, insurrection, riots, disturbances or labor disputes
  5. In the event that NT concludes, in its sole discretion, temporary suspension of ON-LINE AUCTION becomes necessary or appropriate for technical or operational reasons
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Article 9. Warranty and Suspension of ON-LINE AUCTION

ON-LINE AUCTION services are those that can be provided by NT at any given time. NT shall in no way warrant the completeness, preciseness, appropriateness or usefulness of information, including but not limited to, text, sound, graphics, and software provided by NT, the Member or any other third parties through ON-LINE AUCTION ( "Information"). NT shall not for any reason be responsible for any damages incurred by the Member or third parties arising out of any delay in or suspension of ON-LINE AUCTION services.

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Article 10. Compensation for Damages

NT shall not be responsible for any damages caused to the Member by use of ON-LINE AUCTION and shall have no obligation to compensate for anydamages. In the event that the Member has caused damages to third parties through the use of ON-LINE AUCTION, the Member shall resolve at his or her sole responsibility and expense and shall hold NT free from all such damages. In the event that the Member causes damages to NT through the breach of this Agreement or unlawful or tortuous acts, NT shall be entitled to recover from the Member , compensation for such damages.

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Article 11. Use of ON-LINE AUCTION

The Member shall not, without the prior approval of NT, by any means copy, sell, publish, disclose, distribute or otherwise use any Information obtained through ON-LINE AUCTION for any purpose other than for the proper use as the Member . (In the event that third parties have rights with respect to any such Information, the prior approval of such third parties shall be obtained through NT.) The Member shall not, without the prior approval of NT, cause any third party to use any Information obtained through ON-LINE AUCTION.

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Article 12. Record and Contribution to ON-LINE AUCTION

In the event the Member records, or contributes Information to ON-LINE AUCTION, the Member shall not infringe any third party's right, including copyright, nor violate any applicable law or regulation.

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Article 13. Amendment, Copying, Moving Information Recorded or Contributed to ON-LINE AUCTION

As necessary, NT may, in whole or in part, amend Information recorded or contributed to the ON-LINE AUCTION in title or content, copied or moved in ON-LINE AUCTION without prior notice to, consent of or payment to the Member .

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Article 14. Deletion of Recorded Information on ON-LINE AUCTION

In the event that Information recorded by the Member in ON-LINE AUCTION exceeds in time or quantity that designated by NT, such Information may be deleted by NT without prior notice to the Member . And, for purposes of operating and maintaining ON-LINE AUCTION, there are cases where Information recorded by the Member in ON-LINE AUCTION may be deleted without the prior notice to the Member . Further, if NT determines, in its sole discretion, that the recorded Information is applicable or likely to be applicable to any of the following events, such Information may be deleted without prior notice to the Member :

  1. In the event any Information recorded by Member is false
  2. In the event that the Information infringes copyrights or other rights of other MEMBER or third parties
  3. In the event that the Information infringes property or privacy rights of other MEMBER or third parties
  4. In the event that the Information violates any law or regulation
  5. In the event that the Information adversely effects other MEMBER or third parties
  6. In the event that the Information injures other MEMBER or third parties
  7. In the event that the Information refers to political election campaigns, appear to provide political or similar endorsement or violate election laws
  8. In the event that the Information interferes with the operation of ON-LINE AUCTION
  9. In the event that NT determines, in its sole discretion, that the Information is inappropriate
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Article 15. Payment of utilization fees of ON-LINE AUCTION

Utilization fees shall be remitted to be a bank account designated by NT.

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Article 16. Delinquency charges

All fees, commissions and charges shall be paid by each member no later than the specifically prescribed due dates. In the case of payment default, an amount to be calculated at the annual rate of 14.5%, accuruing from the day following the due date untill the day immediatly preceding the day when the payment has actually been made must be paid in addition to the relevant fees, commission or charges.

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Article 17. Cancellation of Membership

NT may temporarily suspend or cancel Membership without any prior notice to the Member for any reason, including the following:

  1. In the event that any information in the application provided to NT by Member was false
  2. In the event that the Member tampers with Information recorded to ON-LINE AUCTION
  3. In the event the Member improperly uses his or her ID Number or Password
  4. In the event that the Member interferes with the operation of ON-LINE AUCTION
  5. In the event that the Member breaches any term of this Agreement
  6. In the event that NT considers, in its sole discretion, the Member to be inappropriate to be a Member
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Article 18. Withdrawal

The Member may cease to be a Member at any time. when a member retires from ON-LINE AUCTION, said member shall file a retirement notice in the form and substance prescribed by NT. in the event of retirement.

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Article 19. Governing Law

This Agreement shall be governed by and constituted in all respects in accordance with Japanese laws.

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Article 20. Jurisdiction

In the event that the necessity for litigation arises between the Member and NT, the Member hereby agrees that the exclusive jurisdiction for such litigation shall be the District Court of Tokyo, Japan.

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For more information contact: info@nitr.co.jp