Rules for BID in this Auction.in PORT SIDE FORKLIFT AUCTION@

The auction will be conducted by sealed bid to the highest bidder in Japanese Yen.

Only people who get member ship can bid to our auction. Please register with our registration form first.

 

1. Qualification for PSA Membership

The PSA auction (herein after referred to as the "Auction") is held for members only and membership is open to those who satisfy such condition as stipulated below:1) Those dealers specialized in used equipment business either in Japan or overseas having business relations with the PSA group companies and a letter of recommendation for membership from the PSA group companies.2) Those dealers specialized in used equipment business having a license of an antique dealer and approved by the PSA group.The PSA group, however, may force to dismiss those members who fail to observe the rule of the Auction from the membership of the Auction.

2. Registration for the Auction

1) Only those who registered in advance shall be qualified to participate at the Auction.2) A deposit of JPY500,000 (five hundred thousand Japanese yen) in cash shall be required at the time of register in advance.3) Those who have membership approved by the PSA group can be exempt from paying the deposit.4) Procedures

Those who satisfy the condition of qualification as specified above and want to participate at the Auction must fill out the application form available on the PSA website and send it to the PSA group by facsimile or e-mail to apply for participation at the Auction.

Those who have no membership must pay the deposit of JPY500,000 by way of TT remittance to the bank account designated by the PSA group on and before the first day Japan Standard Time:Name of Bank: The Mizuho Bank Ltd. Yokohama Chuo Branch (SWIFTCODE: MHBKJPJT)Name of Account: PSA Ordinary Deposit and Saving Account Number: 1864678 Bank charge for TT remittance shall be born by the applicants.Your identification number shall be valid upon confirming the receipt if such deposit at the PSA account.5) Refund of Deposit For those who fail to make a successful bid at the Auction, the deposit shall be refunded as early as possible after deducting bank charge for TT remittance.

3.  Style of the Auction

The Auction shall be carried out on sealed bid basis only. All equipment shall be exhibited throughout the Auction period. Each bid shall be accepted either direct to tender box or by facsimile. The bid result shall be announced  on the next working day Japan Standard Time.You can participate the bid repeatedly during the Auction period but your bid price shall be increased from the previous one.

4.  Price

1) Equipment shall be offered either on unreserved price or reserved price basis:Unreserved price basis: No minimum price desired to sell by the PSA group shallbe offered on the pricelist beforehand.Reserved price basis: The minimum price desired to sell by the PSA group shall be offered on the pricelist beforehand and any bid with less than reserved price shall be void and have no effect.2) Currency: Japanese yen 3) Place of Delivery: Ex-PSA Auction yard 4) Condition of Equipment: As-is and no warranty5) Export Packing: Packing charge is not included in the selling price. Any costs and expenses of disassembly,washing and others for export packing or container vanning upon request, if any, shall be born by a successful bidder.6) Consumption Tax: 5% consumption tax is not included in all prices.For domestic buyers, 5% consumption tax shall be added to the successful bid prices.For those buyers who will export the equipment, 5% consumption tax shall be exempted excluding the following cases:In case you export the equipment from any place other than the PSA yard. In case you take customs clearance from any place other than the PSA yard.Consumption tax shall be added to stevedorage or loading charges and any otherextra costs and expenses such as disassembly, assembly, and washing for export packing or container vanning as specified in 5) above.

5.  Payment

The successful bidder shall make payment within seven (7) working days after closing date of the Auction or on and before the term of payment by TT remittance in full amount to the bank account designated by the PSA group as follows:Name of Bank: The Mizuho Bank, Ltd. Yokohama Chuo Branch (SWIFT CODE: MHBKJPJT)Name of Account: PSA Ordinary Deposit and Saving Account Number: 1864678 Bank charge for TT remittance shall be born by the successful bidder.If no payment is confirmed by the due date, the deposit shall be confiscated. At the same time, the right of successful bidder shall be automaticallylost and the PSA group may reserve the right to resell such equipment.

6.  Delivery of Equipment

A successful bidder may take delivery of the bid-in-equipment on and after 3iThreejworking days subject to confirmation of payment in full amount by the PSA group, which the successful bidder shall be duly informed by the prescribed form of the PSA group by facsimile. Then the successful bidder may take transfer of ownership and shipping arrangement.The successful bidder should take the bid-in-equipment out from the PSA yard not later than the term of delivery.In case of no delivery from the PSA yard, The bid-in-equipment is to be transported to other yard automatically. N.B. Storage of JPY1,000 per day per unit shall be charged to the successful bidder from the next day of the delivery term .

7.  Responsibility for the Safety of the Participants

All participants at the Auction shall be responsible to their own safety with extreme care during the Auction including but not limited to your inspection of equipment exhibited at the Auction. No person shall have any claim against the PSA group, their agents, employees or principals for any injuries sustained orfor damages to or loss of property that may occur from any caused what so ever at the Auction yard.

8.  Governing Law and Jurisdiction

This rule of the Auction shall be governed by and construed in accordance with the laws of Japan unless otherwise expressly provided. All controversies and disputes, arising out of or relating to this rule of the Auction shall be submitted to the Yokohama District Court of Japan as the court of first instance.

Compliance 1. Observance of the Laws and Regulations Related to Export Control The PSA group may ask a successful bidder to take necessary measures ensuring thorough observance of the laws and regulations related to export control including but not limited to Foreign Exchange and Foreign Trade Control Law, Exportand Import Transaction Law (hereinafter referred to as the "Export Control Related Law"), the U.S. restriction on re-export, and the export control policy of PSA group, when such successful bidder will use the bid-in-equipment outside Japan or export it to overseas market

2. Purpose of Use The equipment sold to a successful bidder shall be used for civil purpose only. The successful bidder shall be requested to certify that the equipment shall not be used for the purpose stipulated below and also that the equipment shall not be sold to any third party who may use it for the purpose stipulated below:1) Ordinary weapon, mass destruction weapon including nuclear weapon, chemical weapon, biological weapon, and sprayer of these weapons, and missile and remote-controlled aircraft for delivery of these weapons; sales, development, manufacturing, use and storage of materials related to the manufacturing facilities of such weapons 2) Any other purpose of use that the successful bidder must apply for prior approval for export from the Minister of Economy, Trade and Industry according to the Export Control Related Law

3. Assessment The PSA group shall take necessary assessment on a successful bidder, its end-user and purpose of use, after each successful bidder of the equipment is determined. Please understand in advance that the PSA group may take the following measures depending on the result of such assessment. The PSA group shall not be liable for any damage of the successful bidder arising from such measures. The PSA group may take similar measures depending on the contents of laws, rules, restrictions, and standard related to environment and safety governe in import countries and territories.

1) Delivery of the bid-in-equipment may delay from the date stipulated on the rule of the   Auction.

2) The PSA group may limit the resale of the bid-in-equipment by a successful bidder and/or by an end-user

3) The PSA group may cancel the sales contract with a successful bidder.