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Terms and Conditions of Auction and Membership for Business Customers

1. Introduction and background

These auction and membership Terms and Conditions for Business Customers ("the Terms and Conditions") apply between the company or other legal entity ("the Customer"/"you") and Kvdbil AB, corporate registration number 556746-1180 ("Kvdcars"). By accepting the terms and conditions, the company or other legal entity that you represent becomes a registered member of Kvdcars. Separate terms and conditions apply to private customers, see Terms and Conditions of Auction and Membership for Consumers.

The Terms and Conditions apply to the Customer's membership at Kvdcars, for the use of Kvdcars' website www.kvdcars.com and related pages (the "Website") as well as for the services, such as the opportunity to submit bid and sales as well as sales opportunities, that Kvdcars provides on the Website (the "Services"). If the Customer does not accept to be bound by these Terms and Conditions, the Customer cannot use or gain access to the Services.

After a completed and won auction or fixed price reservation on the Website, the Customer may be given the opportunity to purchase an auction object ("the Auction Object”). Separate Purchase Terms and Conditions for Business Customers apply to such purchases (see attached to these Terms and Conditions).
By 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 Kvdcars’ website policy (“the Website Policy”).

As a member of the website, the Customer accepts these terms and conditions in their entirety and with this the Customer does the following:

i. confirms that the information in these Terms and Conditions has been fully read and understood;

ii. confirms and warrants that the information provided by the Customer is complete and correct;

iii. confirms his consent to, and confirms and undertakes all obligations for the Customer stated in these Terms and Conditions as well as Kvdcars’ handling of the decision-making process for the purchase of Objects;
iv. approves that he has read the information about personal data and consented to the use of cookies in accordance with Kvdcars’ Privacy and Security Policy ("Website Policy").

v. appoints the Representative who shall act in the Customer's name and on behalf of the Customer in connection with all matters relating to the conclusion and completion of the Terms and Conditions with Kvdcars regarding Objects, including (without limitation), ordering, signing all documents, collecting Objects, during transport and issuing or the receipt of payments in connection therewith.

The Terms and Conditions, Kvdcars’ Website Policy and the information that Kvdcars provides on the Website constitute the complete agreement between the Customer and Kvdcars regarding the use of the Website and the Services.

If these Auction and Membership Terms and Conditions for Business Customers and Purchase Terms and Conditions for Business Customers have been provided in more than one language, the Swedish version applies in the first instance.

2. Kvdcars’ role and the client

Kvdcars has many years of experience in selling vehicles and other property at auction. Bidding takes place on the Website. The Objects which are valued by, and are available for sale through, Kvdcars through bidding or at a fixed price (the "Objects"), are sold either by Kvdcars in its own name on behalf of the Seller or by Kvdcars in its own name . Like all other auction companies, Kvdcars’ role, against commission, is to convey property from the companies, authorities and private individuals etc. ("Sellers ") who commission Kvdcars to sell vehicles and other property, to buyers.

In some cases, Kvdcars may also sell and export Objects to buyers outside Sweden or where either the specified delivery address or the expected final place of delivery, directly or indirectly, is otherwise outside Sweden (such transactions are collectively referred to as "Export"). Due to the increased risk levels, as well as applicable legal requirements and restrictions imposed by Kvdcars shareholders and internal codes of conduct, Kvdcars is obliged to take certain precautions, e.g., background check of the purchasing company to ensure compliance with these and to limit Kvdcars’ and the Seller's risk exposure, including in the form of legal and administrative sanctions, financial.

3. Registration

The Customer registers to be able to use the Services by filling in the registration form on the Website. It is required that a physical person with authority to commit the company to the Terms and Conditions is the registered contact person.

Registering as a Customer on the Website is free. After the Customer has filled in his information on the Website, the Customer receives a user account. An activation code is sent to the Customer via e-mail. If the Customer needs help with registration, the Customer is referred to Kvdcars' customer center. The Customer must enter correct company details, personal details and contact details and keep the information up to date. The Customer is responsible for incorrectly filled in information. Information about Kvdcars’ processing of personal data can be found at Kvdcars.com.

The Website is not available to, and may not be used by, persons under the age of 16 or who for other reasons have limited legal capacity or Customers temporarily or permanently suspended by Kvdcars.

The Customer is liable for all actions taken while logged in with the Customer's name and password. The Customer is only entitled to use the Service by using their own e-mail address and password. The Customer must ensure in the best way that the password is kept confidential and that it does not come to the knowledge of outsiders. Furthermore, the Customer may not permit, directly or indirectly, any unauthorised person to use its email address or password. The password must be changed immediately if there is reason to suspect that the information has been disclosed or otherwise misused. The Customer must also immediately report to Kvdcars if there is any suspicion that an unauthorized person knows the Customer's password.

The Customer is responsible for all information provided to Kvdcars, both during membership registration as well as during the entire purchase process, is correct, truthful and valid.

As a member of kvdcars.com, the Customer accepts these Terms and Conditions in their entirety and with this to act uniformly in all situations with what is accepted by adopting these Terms and Conditions.

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

4. Auktionerna, budgivning och förmedlingsavgift

The Auction Objects are put up for sale via auction or fixed price sale on the Website. Tests and Descriptions of Auction Objects that are put up for sale always take place according to Kvdcars' templates and systems and in accordance with applicable parts of the Terms and Conditions. All Auction Objects are sold in their current condition and more information about this may be found in Kvdcars’ Purchase Terms and Conditions for Business Customers.

Kvdcars’ online auctions are held continuously throughout the week on the Website. Kvdcars may from time to time offer various Services as well as the opportunity to bid and participate in a bidding process as well as other possible services. The services may be free of charge or be associated with fees of various kinds. If a Service is associated with a fee, this is stated on the Website. The conditions found below apply to bidding via the Website.

Bidding on the Website is completely open and may be followed by anyone. In order to bid, the Customer must first register as a member according to these Terms and Conditions. A Customer who wishes to participate in a bidding or reserve at a fixed price on the Website may do so if they fulfil the Terms and Conditions and undertake to follow Kvdcars’ rules and instructions. It is not permitted to participate in bidding on the Website for Objects submitted oneself, nor to manipulate bidding in any way, for example through a representative. The person who places a bid on behalf of another accepts full responsibility for completing the purchase as the person who placed the bid and thus participates in a bidding on their own behalf. Kvdcars reserves the right to remove Auction Objects from the Website during ongoing bidding.

A Customer may log in and place a bid in an auction on the Website at any time until the auction closes. It costs nothing for a Customer to place a bid. A Customer who wishes to place a bid must follow the instructions on the Website. If a Customer regrets a bid and wishes to remove it, the Customer is required to notify Kvdcars of this via e-mail kundcenter@kvdbil.se no later than six hours before the auction countdown begins. It is not possible to remove bids placed less than six hours before the auction countdown starts.

For each Auction Object there is a specified time when the countdown for the auction starts. If a new bid is placed within approximately 3 minutes and 30 seconds of this time, the auction continues and the auction time is extended by a additional 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 variable and cannot be predicted. Information about ongoing auctions together with preliminary closing dates can be found on the Website.

A Customer who wins the bidding, or buys an Object at a fixed price, in accordance with these Terms and Conditions must pay a fee ("Mediation Fee") for the Auction Object, in accordance with the principle and the amounts stated on the Website. The Mediation Fee is intended to cover Kvdcars’ costs for handling the Auction Object, website, marketing, administration, etc. and varies in size depending on the type of Auction Object involved. A Business Customer must pay the Mediation Fee even if the purchase of an Auction Object is for any reason not completed. The Mediation Fee for each Auction Object is indicated in the object view on the Website. Payment of the Mediation Fee is carried out in accordance with section 6 below.

5. Reservation price

For Auction Objects, there is often a minimum price for which the Seller is willing to sell the Auction Object (the "Reservation Price"). The Customer should place a bid that corresponds to the highest amount that the Customer is willing to pay for the Auction Object. Kvdcars recommends that the Customer take into consideration the Objects condition as described on the Website when placing a bid.

6. End of auction

The highest stated bid wins. A winning bid or fixed price reservation does not mean that Kvdcars has accepted the bid or that the Customer has a right to purchase the Auction Object. If an auction ends with two equally high bids, the bid that was submitted first wins. In the event of disputes regarding the bidding, Kvdcars alone shall make the final determination of which bid takes precedence. If the Reservation Price has not been reached, the Seller reserves the right to either put the Auction Object up for sale again without prior contact with the winning Customer, or alternatively to accept the highest bid. In many cases, this means that a negotiation takes place and the Customer is usually informed within 24 hours. If the Reservation Price has been reached (which appears as "Yes" under the Object view on the website), the Customer has a possibility (option) to purchase the Auction Object at the agreed price.

A Customer who wins the bidding must pay a Mediation Fee for the purchased Auction Object in accordance with the principle and the amount stated on the Website. Mediation Fee may vary in size depending on the type of Auction Object. A Customer must pay the Mediation Fee even if the purchase of an Auction Object called in is not completed for any reason. The Customer is also obliged to pay the Mediation Fee even if the Customer does not come to inspect the Auction Object on site within the specified/agreed time.

After the auction, Kvdcars contacts the winning bidder via e-mail or telephone to confirm the bid and book a time and date for delivery and signing of the purchase agreement. Kvdcars’ applicable Purchase Conditions for Business Customers are attached to these Terms and Conditions however will also be available to the Customer for review at the signing of the Purchase Agreement. They are also available on the website and at Kvdcars’ facilities (when purchasing Objects that are at the one of our Facilities).

Customers with a winning bid are required to answer the phone and read their email after the end of the auction. In cases where Kvdcars cannot get in touch with the winning bidder no later than the working day following the auction despite repeated attempts, Kvdcars is entitled to charge Customer the Mediation Fee and offer other bidders the chance to purchase the Auction Object, unless otherwise agreed.

Some Objects are sold only to VAT-registered companies. Kvdcars also has the right to choose whether the Object shall be sold to Swedish Customers and/or Customers within selected countries.

Kvdcars reserves the right to deny the Customer the purchase of the Object. A completed purchase is considered to have been entered into upon signing of the purchase agreement between the parties. Read more in the Purchase Conditions for Business Customers.

7. Member club

By being a member of Kvdcars, you will also be part of Kvdcars’ member club, a customer club which, among other things, aims to provide support and information in various matters related to car ownership, etc. Within Kvdcars’ member club, we will continuously collect interesting information and good offers on car-related services, both from Kvdcars and our partners, which you as a member can take advantage of. You can find all current offers by logging in to the Website. From time to time, Kvdcars may also send you particularly interesting offers via the email address you have registered for your user account. Of course, in connection with such mailings, you can choose to adjust the settings or completely cancel the mailings.

8. Misuse

If Kvdcars has reason to suspect that the Customer is misusing their user account or their login details or otherwise violates the provisions of these Terms and Conditions, Kvdcars has the right at its own discretion and without notifying the Customer in advance; (i) terminate Customer's user account; (ii) restrict the Customer's right to use the Website by preventing login and/or (iii) block access to the Website.

Kvdcars also reserves the right to limit or prohibit access to and use of the Services, stop bids, delay or remove content on the Website and take technical and legal measures to prevent the Customer from using the Services if Kvdcars suspects that the Customer is abusing the Services, for example, by placing bids on Auction Objects that the Customer does not intend to purchase, manipulating the bidding or contacting the Seller on their own in an attempt to close the deal.

Kvdcars is also entitled, regardless of reason, to send out a request to the Customer to change login details.

If the Customer has submitted misleading information indicating that they are acting as a private individual when they in fact represent a Business Customer, Kvdcars is entitled to charge the Customer a Mediation Fee for each auction won that the Customer has not followed through, see section 4 above.

If, during the purchase process, the Customer provides conflicting information to what was previously provided, this is seen as a breach of contract. The purchase process applies from the conclusion of these Terms and Conditions up to and including the completion of the sale as well as any documents after the purchase to prove, for example, import in another country.

The Customer agrees with these conditions that all information provided throughout the purchase process is correct, including membership information.

8.1 Breach of contract

In cases where the Customer does not fulfill what is entered into in these Terms and Conditions, Kvdcars sees it as a breach of contract.

If there appears to be a breach of contract, Kvdcars has the right to cancel the purchase even after the fact, and the Customer is then himself responsible for returning the Object to Kvdcars, including the costs this may entail.

9. Printing and typographical errors and any technical problems

Kvdcars reserves itself against and cannot be held responsible for any printing and typing errors on the Website. Nor can Kvdcars guarantee that all pictures accurately reflect the true appearance of the Auction Object.

Kvdcars has the right to refrain from selling, disregard bids and decide whether the bidding should be redone due to uncertainties about the last bid, technical problems, typos or other reasons. In the event of technical problems and mishaps on the Website, which mean that fair bidding cannot be carried out, Kvdcars reserves the right to unilaterally decide if the auction shall be cancelled and resumed at a later date. Current bidders are notified where applicable.

Kvdcars cannot guarantee that the Website will be error-free or uninterrupted, that errors will be corrected or that the Website or the servers that make the Website available are free of harmful components. Kvdcars is not responsible for damage or loss or consequential damages that may be caused to the Customer or the Seller, due to technical errors, communication problems or similar circumstances.

The Website may suffer operational disruptions as described above. Kvdcars reserves the right to postpone the date and time for the end of the auction following unexpected operational disruptions, including but not limited to errors in the internet connection to the server, data breaches or service interruptions at the supplier. Kvdcars is therefore not responsible for possible overloading of the Website and its consequences. Kvdcars cannot therefore be held responsible if a bid is not registered, contact is not established after the bidding, the wrong bidder is contacted or if the Auction Object is sold to someone other than the highest bidder. Furthermore, Kvdcars cannot be held responsible for errors or damages that occur as a result of incorrect or unauthorized use of the user account or password.

Kvdcars is also not responsible for damage or loss or consequential damages that may incur by the Customer or the Seller due to the fact that the Reservation Price noted in Kvdcars' internal system is incorrect or has not been approved by the Seller, with the result that the Auction must be redone.

However, the above does not apply if there is gross negligence or intent. This disclaimer does not limit Kvdcars’ liability according to mandatory legislation.

10. Specific limitation of liability

Kvdcars is not liable for direct or indirect damage that may occur to the Customer. However, this limitation does not apply if there is gross negligence or intent. Kvdcars’ liability is further limited under all circumstances to an amount corresponding to what the Customer has paid or would have paid for the Services that Kvdcars provided to the Customer.

11. Notifications

Notifications from Kvdcars to the Customer can be found on the Website and/or sent to the e-mail address registered on the Website. Notifications from the Customer to Kvdcars must be sent in the manner specified on the Website. Notices on the Website are deemed to have been provided to the Customer as soon as the notices are made available.

Notices sent by e-mail are deemed to have been given to the other party immediately after sending. Messages sent by ordinary post are deemed to have arrived with the other party three (3) days after sending.

12. Agreement period

These Terms and Conditions enter into force when the Customer has registered on the Website and are valid until further notice. A Customer who has been suspended from the Website because of a breach of the Terms and Conditions does not have the right to re-register or use the Website or the Services via another Customer's login, without Kvdcars’ prior written consent. Kvdcars has the right, at its own discretion, to decide to cease providing the Website and the Services or part these.

The Customer is entitled to terminate the membership with Kvdcars at any time. In the event of termination, the Terms and Conditions continue to apply to such actions, such as bidding, that the Customer completed prior to termination.

13. Intellectual Property Rights

The Website and the Services, their content and all intellectual property rights that protect these are owned by Kvdcars. 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.

Kvdcars, KVD and its related logos and logotypes comprise Kvdcars’ brands. Use of these brands may only occur after Kvdcars’ written approval and, after such approval, only according to Kvdcars’ instructions.

14. Transfer

Kvdcars is entitled to assign the agreement governed by these Terms and Conditions between Kvdcars and the Customer, including, but not limited to, all or parts of related rights and/or obligations, to a third party. In the event of a transfer, Kvdcars will notify the Customer who has taken over the Terms and Conditions, the rights and/or obligations after the transfer by means of notification on the Website or via e-mail. If Kvdcars assigns the Terms and Conditions to a third party, the party is the entitled to provide the same or similar services on another website. A Customer may not transfer its rights and obligations under the Terms and Conditions to a third party.

15. Amendments to the Terms and Conditions

Kvdcars may change 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 Terms and Conditions, the Customer will be informed before logging in via to the Website. However, this does not apply if the change is due to changes in the law, statutes, or decision of the authorities, if the change must apply immediately.

Unless Kvdcars and the Customer have agreed otherwise, the change comes into effect immediately after the Customer has been informed of such change. If the Customer does not want to accept the changes in the Terms and Conditions or the Services, including price changes, the Customers 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 the membership will be terminated. Such termination must be made before the Customer uses the Website again. Kvdcars recommends that the Customer keep up-to-date on the Website regularly to be aware of any changes to the Terms and Conditions.

Changes to the Terms and Conditions apply to these Auction and Membership Terms and Conditions for Business Customers as well as the Purchase Terms and Conditions for Business Customers.

16. Additional services: finance, insurance etc.

Kvdcars provides a number of additional services. More information is available on the Website. The suppliers are fully responsible for these additional services and the Customer signs an agreement with the respective applicable supplier separately. Kvdcars is only at your service with information about such services. Kvdcars cannot therefore be held responsible for the content of this information and the respective supplier's compliance with applicable legislation or their undertakings.

In cases where the customer signs agreements with suppliers in addition to those provided by Kvdcars, an administrative cost is added.

17. Applicable Law and Dispute

Terms and Conditions and the Website shall be applied and interpreted in accordance with Swedish law.

Disputes arising from these Terms and Conditions and the Website shall be finally settled by arbitration administered by the Stockholm Chamber of Commerce's Arbitration Institute (the "Institute"). The Stockholm Chamber of Commerce's Arbitration Institute's Rules for Simplified Arbitration shall apply unless the Institute, taking into account the difficulty of the case, the value of the Object of dispute and other circumstances, decides that the Stockholm Chamber of Commerce's Arbitration Institute's Rules shall be applied to the procedure. In the latter case, the Institute must also decide whether the arbitration panel shall consist of one or three arbitrators. The arbitration shall be held in Gothenburg.

These Terms and Conditions have been established by Kvdcars on 28/11 2023.

Purchase Conditions for Business Customers

1. Introduction and background

These Purchase Terms and Conditions for Business Customers ("Terms and Conditions") are applicable when a company or other legal entity ("Customer") buys one or more objects on site at one of Kvdcars’ facilities or alternatively on site at the selling customer (“Seller”) through Kvdcars.

Agreement is entered into between Customer and Kvdbil AB, organization number 556746-1180 ("Kvdcars") on behalf of a client ("Seller"). The objects that are available for sale by Kvdcars through bidding or fixed price (the "Objects") are sold either by Kvdcars in its own name but on behalf of the Seller, alternatively by Kvdcars in its own name.

When a Customer wins a bidding or fixed-price sale, they have the opportunity, but no right or obligation, to purchase the Object. The Customer may not, without Kvdcars’ consent, to transfer the opportunity to purchase an Object or to instruct another customer to purchase the Object. If the Customer chooses to assign another buyer, an administrative fee of SEK 2,000 will be charged in addition to the Mediation Fee. For foreign customers, in addition to these Terms and Conditions, special additional Terms and Conditions apply, see section 16 below.

Kvdcars reserves the right to deny the Customer, the possibility to purchase an Object and at any time and for any reason, without giving any justification for denying the purchase.

The Customer approves and agrees that Kvdcars can offer the same Object to several potential buyers and that the Object can be passed on to another buyer until the purchase agreement is signed by the parties.

A binding purchase is considered to have been entered into when the Customer and Kvdcars sign a purchase agreement upon delivery of the Object in accordance with the current Auction and Membership Terms and Conditions for Business Customers as well as these Purchase Terms and Conditions for Business Customers. The Customer acknowledges and agrees that Kvdcars and the Seller may revoke the offer at their sole discretion, at any time before the signing of the purchase agreement has been completed, without liability to compensate the Customer in any way.

The Customer acknowledges and agrees that all Terms and Conditions for Business Customers stated in this document shall form an integral part of the Auction and Membership Terms and Conditions for Business Customers and thus constitute binding obligations for the Customer in relation to each transaction. The Customer further undertakes to immediately inform the Seller and Kvdcars if and when any circumstance should arise that would render any of the guarantees listed in section 4 of the Auction and Membership Terms and Conditions for Business Customers invalid.

2. Object and Description

Kvdcars’ assignment from a Seller usually includes valuing and writing a description of an Object ("Description"). Objects are normally used and Kvdcars’ intention is that the description should be as fair as possible, but at the same time easily accessible, clear and easy to interpret.

Objects that are available for sale by Kvdcars are represented by the Description. In the Object Description, information regarding e.g. the Object and its main characteristics as well as an estimated auction price for the Object are stated.

All heavy vehicles, machines and recreational vehicles base their object descriptions on information from the Seller and what emerges when Kvdcars carries out a visual documentation of the Object. No technical inspection of heavy vehicles, machinery and leisure vehicles has been carried out.

Objects that are sold on site at the Sellers premises may be used up until the sale is completed and delivered to the Customer. Gauge meter reading, hours of use and condition may therefore differ upon delivery from the Object's description on Kvdcars.com.

Kvdcars does not guarantee that all information in the Descriptions of the Objects is correct. Always refer to pictures and video for condition assessment. There may be other errors in the condition and function description than what is written on kvdcars.com. The Customer must check the condition of the Object during a scheduled viewing or when making the purchase on site and approve that the condition corresponds to what the Customer has the right to expect with regards to the description. Kvdcars is not responsible for damage or defects that appear in such Description. The Customer accepts that simpler chattels for an Object may be missing, even though it is not stated in the Description. Such property may include, but are not limited to, spare wheel, puncture kit, jack, tools, workshop and repair documents, floor mats, hub caps, 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 mean that the Customer has a valid reason to neither obtain a price reduction nor the right to cancel the purchase.

An approximate price at a car dealership as stated in the Description is an estimated market price for a similar Object in faultless condition, as estimated by Kvdcars, and should only serve as a guide for the Customer. The price at which the Object is finally sold can be significantly higher or lower than the approximate price at a car dealership. Kvdcars cannot guarantee that the Customer cannot find a similar Object at a lower price. The estimated price stated are produced by Kvdcars valuers who are specialists to ensure the best possible valuation. Analyzes and evaluations are made by a number of sources, e.g. different industries' price sources, systematic scanning of the network for current supply on both the Swedish and foreign markets as well as Kvdcars’ valuation company, KVD Bilpriser AB's, databases.

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

3. Viewing and obligation to inspect

The time and place for possible viewing of the Object before the start of the auction is indicated on the Website. The Objects are usually available for scheduled viewing and collection at one of Kvdcars’ facilities or branches.

In cases where the Object is sold on site at the Sellers premises, the Seller decide whether viewing is possible. Contact Kvdcars for information. Read more about collection directly from the Seller in section 7, Collection and transport below.

In cases where a car or light transport vehicle is sold, the Customer himself must form an opinion about the offered Object by viewing it on site, either at a Kvdcars facility or branch. The Customer shall bid according to what the Customer himself considered 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 Kvdcars as needed.

Information about the Object in the Description has been designed to be clear and easy to read and interpret. Kvdcars’ tests of cars and light transport vehicles 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 cosmetic nature has been described in more general terms.

All cars and light transport vehicles are, unless otherwise specified by Kvdcars either in the Description or when making the purchase on site, tested by Kvdcars’ vehicle technicians or other experts, and valued by appointed appraisers or specialists.

All heavy vehicles, machinery and recreational vehicles are, unless otherwise stated either in the Description or when the purchase is carried out on site, documented, and described by Kvdcars or Kvdcars’ partners. It is of the utmost importance that the purchasing Customer himself always takes care of complete control of the Object's condition and function when collecting the Object. All errors or deficiencies that differ from the Object Description must be reported to Kvdcars immediately, before the Object is transported from the site. When purchasing heavy vehicles, machinery and recreational vehicles, the Customers, the Seller and Kvdcars need to handle any errors or dropouts before the object leaves the seller's or Kvdcars’ facilities. No price reductions on the purchase are approved. If the Object's condition and function significantly differ from the Object Description, the Customer is offered to refrain from purchasing. If the Customer does not inspect the Object on site but transports it directly from the location through a forwarder, the Customer is responsible for the fact that the forwarder has inspected the Object. This applies if the Customer arranges transport by himself or through Kvdcars.

It is always the Customer who must inspect that the Object corresponds to what he or she has the right to expect with regards to the Description. This applies regardless of object type.

If you leave the collection location with the Object, Kvdcars sees it as an acceptance of the Object’s condition. Remarks, appeals or complaints made after the Object has been transported from the point of sale are not accepted.

The Objects are sold used and in their existing condition. Errors and defects may occur on offered Objects. The Customer must therefore carefully inspect and assess the Object's condition. Depiction of an Object in the Description is for identification purposes only and cannot be used to determine the Object's performance or condition. However, if essential information in the Description is directly misleading, this may constitute grounds for cancellation of the purchase.

Kvdcars is not responsible if the Customer has neglected his duty to inspect as stated above and is not responsible for things that the Customer noticed or should have noticed if the Customer fulfilled his duty to inspect. More about Kvdcars’ responsibility for the Objects can be found in sections 9 and 11 below.

4. Inspection and Specific Warranty

The Customer must, as part of and in addition to his inspection duty according to section 3 above , himself or through a representative, on site inspect and approve the Object that the Customer is to purchase. After such inspection, a binding purchase agreement can be concluded, for which these Terms and Conditions apply in their entirety.

Remarks or appeals that occur after the Object has been transported from the point of sale are not accepted by Kvdcars.

Kvdcars checks that Objects are not encumbered with tax debts and that any other remaining debts will not burden the Customer.

More about Kvdcars’ responsibility for the Objects can be found in sections 9 and 11 below.

4.1 No guarantees or remarks

The Customer approves the previous use of the Object, and that the Customer has had the opportunity to inspect the Object. The Customer acknowledges and agrees that the Objects sold in its existing "as is" condition and that Kvdcars provides no warranties, either expressed nor implied, regarding design, conformity to specifications and description, operation, accessories, or conditions regarding material quality or workmanship in the Object or any part thereof. Kvdcars provides no warranty of merchantability or suitability for the Object or any part thereof for any particular purpose, or any other warranty or representation, either expressed nor implied, regarding the Object or any part thereof. We reserve the right for misspellings in the Descriptions.

The Customer agrees that Kvdcars cannot provide a certificate of manufacture (MSO) for used Object and that Kvdcars and the Seller cannot be held responsible for the absence of the manufacturer's identification number, engine number or other serial number / production number.

Kvdcars does not provide any guarantees on sold Objects. In exceptional cases, guarantees can be provided by the Selling customer or the manufacturer. If that is the case, this appears in the Object Description.

5. Specifics on declarations

When an Object is a used car, it is declared as goods according to the Swedish Consumer Agency's guidelines for declaration of goods for used cars (KOVFS 2002:1). The guidelines contain requirements that the Swedish Consumer Agency finds significant from a consumer point of view. They have been prepared after discussions with the National Association of the Motor Industry (Motorbranschens Riksförbund). The guidelines apply when Kvdcars sells used cars to individual consumers. A used car means a car that is primarily intended for the carriage of persons and that has been driven 1,000 kilometers or more.

Kvdcars’ declaration of goods for used cars is available when viewing the Objects on the Kvdcars website. Kvdcars invites the Customer to save the declaration of goods for any future contact with Kvdcars' customer center regarding the car.

However, a declaration of goods is not available for vehicles sold on behalf of the enforcement services and bankruptcy trustees, nor for vehicles registered as trucks and vehicles with an estimated sales value of less than SEK 15,000.

6. Fees and Payment

6.1 Fees

A Customer who wins the bidding or a fixed price reservation in accordance with the Auction and Membership Terms and Conditions for Business Customers must pay a fee to Kvdcars in connection with payment of the agreed price for the Object ("Mediation Fee"). The Mediation Fee is intended to cover Kvdcars’ costs for handling the Object, Website, administration, etc. and varies in size depending on the type of Auction Object involved. The applicable Mediation Fee for each Object is specified under the Object view on the Website.

If the Customer with the highest bid for a certain Object has not inspected the Object on site within the designated/agreed time, this Mediation Fee will be charged. The Mediation Fee must also be paid if the Customer has inspected the requested Object on site but chooses to refrain from completing the purchase without a valid reason. As valid basis means that the Object was found to be affected by significant errors or defects that were not specified in the Description of the Object.

If the Customer ordered transport of the Object from one Kvdcars facilities to another, the Customer will also be charged the transport cost, unless otherwise stated herein. The transport cost is shown either on the Object or on the page specified by Kvdcars on Kvdcars’ website www.kvdcars.com.

6.2 Charges and Payment

The agreed price and Mediation Fee must be paid within 24 hours of the end of the auction. However, Kvdcars offers the Customer the opportunity to pay for the Object in advance in the manner specified below. Kvdcars urges the Customer to think through in advance how the purchase of an Object will be financed. Please note that possible restrictions on payment options may apply.

Payment must be made from the same country as the buyer's residence.

A binding purchase is not considered to have been entered into until the Customer has signed a purchase agreement upon delivery of the Object in accordance with the current Auction and Membership Terms and Conditions for Business Customers and these Purchase Terms for Business Customers. After a signed purchase agreement by both parties, the Purchase is considered completed and a purchase agreement has been entered into. The Customer will receive a receipt for the purchase.

Kvdcars reserves the right not to always offer all payment methods, or to change the payment method if the one chosen by the Customer for some reason does not work at the time of payment. Receipt for payment or partial payment is obtained when collecting the Object and the purchase agreement has been signed.

A. Direktinsättning på Kvdbils bankkonton

A Customer can pay for Objects in advance by direct deposit to a bank account specified by Kvdcars. The Customer needs to pay for the Object within 24 hours of the end of the auction. When paying via direct deposit to Kvdcars’ bank accounts, the Customer is always asked to enter the object number. This is a service that Kvdcars offers its customers and is completely voluntary.

If the Customer and Kvdcars do not enter into a purchase agreement regarding the Object, the Customer is of course entitled to a refund of the amount relating to the Object (excluding Mediation Fee) that the Customer deposited into the bank account specified by Kvdcars.

B. Financing through Kvdcars

Kvdcars offers a Customer various financing options for payment of an Object in advance. For more information on how Kvdcars can help a Customer finance the purchase of an Object, contact Kvdcars’ customer center at kundcenter@kvdbil.se or on telephone number +46 (0) 10-167 30 00. This is a voluntary service that Kvdcars offers its Customers. It is entirely up to the Customer whether they want to use the service or pay on-site if the Object is sold on one of Kvdcars’ facilities.

If the Customer chooses a financing option, a credit application may be made before entering into a purchase agreement or before bidding by means of a so-called loan commitment. Separate Terms and Conditions apply for payment via credit. Contact the customer center at kundcenter@kvdbil.se or on phone number +46 (0) 10-167 30 00 for more information.

B.1. Special terms for payment by invoice

Credit check: When applying for payment by invoice, a customary credit check will be conducted, which may involve obtaining a credit report.

Payment terms: The due date and other conditions for the invoice are stated on the invoice. For invoice payments, the payment must be received no later than 30 days from the invoice date or by the later date specified on the invoice. In the event of late payment, a reminder fee of SEK 450 and a late payment interest rate of 2% per month from the due date until full payment is made will be applied.

Assignment: All invoices will be assigned to Svea Bank AB, 556158-7634 ("Svea Bank"). All payments related to the invoice must be made to Svea Bank.

GDPR: When paying by invoice, the invoice will be assigned to Svea Bank, and Kvdcars will share the Buyer’s personal information with Svea Bank. Svea Bank is responsible for personal data regarding the claims that Kvdcars has assigned to Svea Bank. For detailed information about how Svea Bank handles personal data, please refer to Svea’s data protection information available at Svea's Data Protection Page or contact Svea by mail at 169 81 Solna, by phone at 08 – 514 931 13, or by email at swp@svea.com. The Data Protection Officer can be reached at privacy@svea.com.

Retention of ownership and repossession of the purchased object: Kvdcars reserves ownership of the purchased object until the Buyer has fulfilled all obligations under the applicable terms, including full payment of the invoice. The Buyer is prohibited under penalty of law from selling, renting, pledging, or otherwise disposing of the purchased object or any part thereof (e.g., offering the purchased object as a trade-in) before the ownership has fully transferred to the Buyer.

C. Bank transaction and Swish

You can choose to pay through a bank transfer or Swish through a payment link as payment method. If you choose to pay with Swish , you can do this up to a sum of SEK 150,000 - remember to raise your transaction limit at your bank.

Kvdcars does not accept the following means of payment:

Debit, 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 16 below.

D. Refund in case of defaulted purchase or crediting of deposit

Kvdcars only refunds to the country, bank and bank account from which the payment was made. The Customer must always confirm the payment by showing a payment receipt in order for Kvdcars to refund the payment.

6.3 Non-payment

If the purchase has been completed but the Customer has chosen an alternative payment solution than described above, and the payment has not been completed within the time interval specified, Kvdcars has the right to take one or more of the measures below.

If the payment is not completed as above, Kvdcars is entitled, without first notifying the purchasing Customer, sell the Object to another customer at the asking price that Kvdcars finds appropriate. In the event of resale, Kvdcars is entitled to recover from the amounts received from the Customer, as compensation for costs regarding storage, transport, necessary repairs, sales costs, insurance, and other costs related to the Object. If the sale price is not sufficient to cover Kvdcars’ claims and the cost of resale, the Customer must pay the difference.

6.4 VAT

If the Object is a car, this is sold including VAT unless otherwise specified by Kvdcars. VAT is also added to the Mediation Fee. The Customer can find more information about VAT at the respective Object.

In most cases, VAT cannot be deducted when buying cars or light trucks. When purchasing heavy vehicles and machinery, there is in some cases the possibility of deducting VAT if the Object has live VAT . Business Customers must themselves check whether the VAT on the Object in question can be deducted in their business. Kvdcars recommends that a Business Customer check the Swedish Tax Agency's rules with their accountant and in which cases VAT can be deducted when purchasing an Object. Kvdcars is not responsible for any assessment regarding VAT.

7. Collection and transport

Special fees and regulations apply to vehicles to be exported. See section 16 :1.

Collections must take place in connection with the purchase of the Object, i.e. on the day the purchase agreement is entered into, unless the Customer and Kvdcars specifically agree otherwise. Kvdcars is not responsible for transport unless otherwise stated, and shipping charges is not included in the purchase of an Object. Purchased Objects may not be collected until full payment has been received by Kvdcars in accordance with section 6 above, unless Kvdcars and the Customer have agreed on installments according to a separate agreement. The time for collection of the Object at the Kvdcars facilities must be booked no later than 24 hours after the end of the auction. For cases where collection takes place without a booked time, Kvdcars can charge an administration fee of SEK 1,000.

For heavy vehicles and machinery, 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 Kvdcars have specifically agreed otherwise.

If the Customer wishes to order transport, this must be done within 24 hours after the end of the auction.

For cars and light trucks that are not collected within three (3) working days and heavy vehicles and machinery within five (5) working days (Swedish buyers) or ten (10) working days (international buyers) from the day of purchase, a storage rent of SEK 1,000 per Object and day will be charged, unless otherwise agreed between Kvdcars and the Customer. This applies to sales at one of Kvdcars facilities as well as On site with the Seller. This also applies if the Customer arranges his own transport. If transport is booked via Kvdcars, the Customer will not be charged any storage costs. If the Customer is prevented from collecting the Object on the scheduled date and time, the Customer must contact Kvdcars according to the contact information provided by Kvdcars.

Kvdcars reserves the right to terminate the purchase and refund the Customer if the Object is not collected as described above.

When collecting the Object, the Customer is obliged to inspect the Object to ensure that the Object is not faulty. Business Customers must inspect the Objects condition before or upon collection, as complaints from Business Customers after the purchase are not considered, see section 11 below. Business Customers who collect Objects through agents or transport companies cannot approve the Object retrospective.

If the Customer or its representative takes the Object from the Seller or Kvdcars’ facilities without signing a purchase agreement, the Parties agree that this shall be considered as the Customer having accepted these Purchase Terms and Conditions for Business Customers in their entirety, including the obligation to pay the purchase price to the Seller as well as all other possible fees or compensation to the Seller and/or Kvdcars and that the Object's condition has been approved.

For Objects that are not collected within thirty (30) working days, Kvdcars is entitled to cancel the purchase and obtain damages in accordance with the applicable sales legislation. Kvdcars has the right to charge compensation for costs due to the purchase agreement and cancellation as well as for losses in accordance with applicable sales legislation. If the sale price is not sufficient to cover Kvdcars’ claims and the cost of resale, the Customer must pay the difference.

8. Re-registration and insurance of vehicles

All cars and light trucks that are registered in the Swedish vehicle register must be re-registered with the Customer by Kvdcars as soon as possible, normally immediately after entering into the purchase agreement. A temporary 14-day "Try out" Insurance is also taken out in connection when entering into the purchase agreement. This does NOT apply to companies registered for the trade of cars. Kvdcars is connected to the vehicle register and reports the vehicle in traffic if it is not subject to a driving ban or other obstacle exists.

The re-registration usually takes place in the next few days after the sale. In some cases, however, the re-registration may take more than two (2) weeks depending on whether the vehicle may have a so-called leasing restriction. This however does not affect the Customer's ability to use the vehicle. Nor does it affect ownership.

9. Intended Use and Penalties

Customer warrants that it intends to use the Object solely for the purpose for which it was originally designed and manufactured, and that the Customer has no reason to believe that any customer of the Customer or end user intends to use the Object for any other purpose.

Customer is responsible for complying with all applicable economic sanctions laws, regulations, trade embargoes or similar restrictive measures (“Economic Sanctions Laws”) imposed, administered or enforced from time to time by any sanctioning authority listed below.

i) United States Government or a US agency (including the Office of Foreign Assets Control of the United States Department of Treasury, or any successors thereto, “OFAC”) US Department of State, US Department of Commerce or the United States Department of the Treasury );

ii) the United Nations Security Council;

iii) the European Union (or any of its Member States);

iv) United Kingdom; or

v) All Member States of the European Economic Area;

Including other government institution of any of the above.

The Customer warrants that it is not a restricted entity or person under any Economic Sanctions Act and that Customer is not directly or indirectly majority owned, represented or controlled by an individual or legal entity restricted under any Economic Sanctions Act.

The Customer acknowledges that the Object may be subject to import or export restrictions imposed by Economic Sanctions Laws, whether domestic or international, which may prohibit or restrict Customer from selling the Object to certain jurisdictions, entities, or persons. The Customer is solely responsible for fully complying with all such applicable laws and ensuring that any further use and transfer of the Object complies with applicable Financial Sanctions Laws.

The Customer will indemnify (hold free) Kvdcars and the Seller against all claims, liabilities, demands, actions, proceedings and all losses and expenses in connection with infringement or alleged violation of Economic Laws that Kvdcars and the Seller may suffer or suffer due to the actions of the Customer.

10. Liability for faults

Kvdcars represents the Seller in terms of liability for defects to the Objects. The Customer cannot contact the Seller directly.

All Objects are sold as is, that is, in the condition in which the Object is at the time of purchase . Used goods may have defects. It is something that the Customer must take in consideration. For defects to the Object that consist in the Object not meeting the agreed characteristics or being in a worse condition than what the Customer could reasonably have assumed, taking into account the price of the Object and other circumstances, Kvdcars is responsible according to the rules below. Kvdcars urges the Customer to note that normal wear and tear does not constitute a fault in the legal sense. Since the Customer himself has determined the final price of an auction, no consideration can be given to whether the Object was sold as overpriced.

The Seller and Kvdcars are obliged to disclose any errors they are aware of. The Seller and Kvdcars are not responsible for errors that arise after the purchase. The Seller and Kvdcars are not responsible for:

(a) failure due to normal wear and tear of the Object;

(b) errors, omissions or damages appearing in the Description;

(d) for errors that the Customer knows about or should have known about, for example things that the Customer should have noticed by carefully reading the Description and studying the pictures in the Object Description or things that the Customer should have seen/discovered when viewing according to section 3 above, test drive or when inspecting the Object upon delivery in accordance with the inspection duty.

If the Object is sold as a "repair object", Kvdcars is not responsible for any errors, even if the Object has more extensive or other errors than those specified. Kvdcars is not responsible for descriptions of the Object in the Description being exhaustive with regards to damages, deficiencies, or defects.

The Seller or Kvdcars is not responsible for defects in property sold for the Swedish Enforcement Agency, bankruptcy trustee or in other forced sales. These Objects do not need to be declared (VDN-declared).

11. Complaints

Kvdcars represents the Seller in the event of questions and complaints. The Customer cannot contact the Seller directly. The Customer may not claim that the Object is faulty if the Customer does not notify Kvdcars of the fault (complaint) within the deadlines specified below.

The Customer has a duty to inspect the Object in accordance with these Terms and Condition for Business Customer. Errors in accordance with applicable Purchase Law, which were noticed or should have been noticed when the Object was inspected by the Customer, must be reported immediately before the Object is transported from Kvdcars’ point of sales. It is important that the Customer, Kvdcars and the Seller have handled and found a solution for the complaint before the Customer can move the Object from Kvdcars’ point of sale. This applies regardless of whether the Object is at one of Kvdcars’ facilities or at the Seller's location. Complaints must be made in writing to the following address: reklamation@kvdbil.se.

Complaints from Business Customers after collection are not considered, which is why it is important to carefully inspect the Object before it leaves Kvdcars’ point of sale.

Other errors in accordance with applicable Purchase Law must be immediately reported to Kvdcars when these are discovered or should have been discovered. Complaints must be made in writing to the following address: reklamation@kvdbil.se . A written notice of complaint must contain information about which Object the complaint refers to, a description of how the fault manifests itself and all other relevant information and circumstances that may be of importance. To avoid misunderstandings, an incorrectly stated bid does not constitute grounds for complaint. Kvdcars reserves the right to deny a complaint if it turns out that the Object is not faulty.

No price deductions are approved for complaints about heavy vehicles and machinery. If the Object’s condition and function significantly differ from the Object description on heavy vehicles and machinery, the Customer is offered to refrain from purchasing.

Kvdcars never reimburses the Customer for travel or other expenses that involve buying and collecting an Object sold through Kvdcars. This also applies if the Customer chooses to refrain from purchasing the Object and does not take it from the collection location.

Kvdcars does not accept complaints about repair Objects.

12. Limitation of liability

Kvdcars has no responsibility for errors beyond what is prescribed above. Kvdcars’ total liability for each Object is in all circumstances limited to the value of the specific Object. Kvdcars is not responsible for direct or indirect damages or errors.

13. Force Majeure

If Kvdcars’ fulfillment of its obligations under the Terms and Conditions is significantly hindered or prevented due to circumstances beyond Kvdcars’ control, such as, for example, general labor conflict, war, fire, lightning strike, terrorist attack, changed authority regulation or authority intervention, this shall constitute grounds for release from liability and other consequences. If Kvdcars’ fulfillment of the Terms and Conditions is prevented for longer than three months due to grounds for exemption according to this section, the Customer may cancel the purchase.

14. Additional services: financing, insurance etc.

Kvdcars mediates a number of additional services from other companies. More information is available on Kvdcars’ website www.kvdcars.com. The companies that sell the services are fully responsible for these additional services and the Customer signs an agreement with them separately.

15. Applicable Law and Dispute

Terms and Conditions and the Website shall be applied and interpreted in accordance with Swedish law.

16. Conditions for sale to countries outside Sweden

When Objects are exported, the Terms and Conditions below apply in addition to those given above. Export entails an additional administrative fee, which is specified on the Website.

16.1 Payment and collection

After completing the purchase, the Customer must collect the Object within 10 working days. If the Customer has not collected up the Object within 14 working days, the Customer will be charged a storage fee of SEK 400 ex VAT per day.

Sales to companies within the EU with a valid VAT number:

The Customer must provide a valid VAT number which is checked via European commission, VIES (VAT Information Exchange System.
The Customer does not pay Swedish VAT on transport and other services within Sweden but takes up the acquisition of services for taxation in their own country.
If the VAT number is approved, the Customer does not pay Swedish VAT, but takes up the acquisition for taxation in their own country.
In case of take-out purchases, however, an amount corresponding to the VAT must be deposited, on both the goods and services, until proof is received that the goods have left the country.
The deposit on all Objects will never be lower than SEK 8,000 regardless of the level of VAT, but the deposit can be higher, however a maximum of 25% of the amount for the total acquisition of goods and services.
The deposit is refunded when proof has been received by Kvdcars that the goods have permanently left the country. Proof must be available to Kvdcars no later than 15 days after the date of the receipt.
The Customer must provide Kvdcars with the IBAN account number, Swift address and the account owner's correct name when collecting Objects, this so that Kvdcars can refund the deposit as quickly as possible after the proof of delivery has been received.
At the time of collection, the Customer/courier must be able to identify himself with an ID document, such as a driver's license or passport.
Copies of company papers and VAT registration must be presented, where it must be stated who has the right to sign for the company.
If the Customer uses a courier at the time of collection, he must have a power of attorney with him in order to sign a purchase agreement.
Swedish registration plates are mounted, which means that the vehicle must be transported from Kvdcars’ facilities or from the Seller on another vehicle/trailer or provided with temporary registration plates. Temporary license plates need to be taken care of by the Customer himself and applied for in the Customer's country of origin.

Sales within the EU to companies without a valid VAT number:

The Customer always pays VAT on transport and other services within Sweden.
The Customer always pays Swedish VAT on the Objects.
A deposit of SEK 8,000 is payable for all Objects.
The deposit is refunded when proof has been received by Kvdcars that the goods have left the country. Proof must be available to Kvdcars no later than 15 days after the date of the receipt.
The Customer must provide Kvdcars with the IBAN account number, Swift address and the account owner's correct name when collecting Objects, so that Kvdcars can refund the deposit as quickly as possible after proof of delivery has been received.
At the time of delivery, the Customer/courier must be able to identify himself with an ID document, such as a driver's license or passport.
If the Customer uses a courier at the time of collection, he must have a power of attorney with him in order to sign a purchase agreement.
Swedish registration plates are mounted, which means that the vehicle must be transported from Kvdcars’ facilities or from the Seller on another vehicle/trailer or provided with temporary registration plates. Temporary license plates need to be taken care of by the Customer himself and applied for in the Customer's country of origin.

Export sales to companies outside the EU:

The Customer does not pay Swedish VAT on transport and other services within Sweden.
The Customer must submit proof that they are a company, e.g. business registration.
In the case of takeaway purchases, however, the VAT must be deposited, on both the goods and services, until proof is received that the goods have left the country.
The deposit on all objects will never be lower than SEK 8,000 regardless of the level of VAT, but the deposit can be higher, however a maximum of 25% of the amount for the total acquisition of goods and services.
The deposit is refunded when proof has been received by Kvdcars that the goods have permanently left the country. Proof must be available to Kvdcars no later than 15 days after the date of the receipt.
The Customer must provide Kvdcars with the IBAN account number, Swift address and the account owner's correct name when collecting Objects, so that Kvdcars can refund the deposit as quickly as possible after the proof of delivery has been received.
At the time of delivery, the Customer/courier must be able to identify himself with an ID document, such as a driver's license or passport.
If the Customer uses a courier at the time of delivery, he must have a power of attorney with him in order to sign a purchase agreement.
Swedish registration plates are mounted, which means that the vehicle must be transported from Kvdcars’ facilities or from the Seller on another vehicle/trailer or provided with temporary registration plates. Temporary license plates need to be taken care of by the Customer himself and applied for in the Customer's country of origin.

These Terms and Conditions have been established by Kvdcars on 28/11 2023.

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