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 AUCTION CONDITIONS

• Bidder acknowledges that the Seller in its sole and absolute discretion reserves the right to reject or void bids for any reason whatsoever. Seller also reserves the right to reject any and all the bids or to accept a bid which is not the highest bid amount in any Auction Sale conducted through the Platform. In the event of a dispute pertaining to a bid or Auction Sale, Seller and/or Auctioneer shall be the exclusive deciding authority with sole and absolute discretion in resolving disputes.
• Seller or Auctioneer may, in its sole and absolute discretion and with or without notice, postpone or cancel an Auction Sale or withdraw a Vehicle from Auction Sale. Auctioneer or Seller, as the case may be, will have no liability or obligation whatsoever to Bidder as a result of any withdrawal postponement or cancellation of an Auction.
• 4.3 Seller or Auctioneer reserves the right to cancel an Auction Sale in the event of fraud, material misrepresentation, or any material defect in the Vehicle description or bidding information, as determined by Seller and/or Auctioneer in its sole discretion.
• 4.4 The Winning Bid shall be binding on the Bidder. In the event of the Bidder not honouring the Winning Bid, the Auctioneer has the right to proceed for Suspension and Termination under Clause 14 of this Agreement.
• 4.5 In the event that an Auction Sale is cancelled after the Bidder has remitted the Total Price, the sole and exclusive remedy available to the Bidder shall be to claim the refund of Total Price remitted to the Seller’s account.
• Except as otherwise expressly provided by applicable law, all Vehicles sold via Auction Sale through Platform are sold “AS-IS WHERE-IS” BASIS WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY“.
• Bidder acknowledges that all Service provided by Auctioneer hereunder are provided “AS IS” and “WHERE IS” and without any, warranty whatsoever and that Bidder’s use of the Portal and services associated therewith are at Bidder’s own risk. Neither Auctioneer nor any of Auctioneer’s affiliates licensors or suppliers makes and Bidder is not receiving any warranties, express, implied or otherwise with respect to the Portal or services provided hereunder. Auctioneer and its affiliates, licensors and suppliers expressly disclaim all implied warranties and conditions of merchantability, fitness for a particular purpose, title and/or non-infringement. Auctioneer is not involved in any transaction between Seller and Bidder. In the event Bidder has any dispute with the Seller, Bidder hereby releases Auctioneer, its officers, directors, employees, agents, affiliates and its shareholders from any and all claims demands and damages (actual and consequential, direct, indirect and otherwise) of every kind and nature, known and unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way connected with any such dispute.
• The Auctioneer expressly disclaims the accuracy or completeness of any and all information provided to Bidders regarding Vehicles, whether provided in written, verbal, or digital image form through Catalogue available on the Platform. Vehicle Information provided by Seller through the Platform is for convenience only. Bidder shall not rely on Vehicle Information in deciding whether or how much to bid on a Vehicle offered for sale through Platform and Bidder is advised to exercise its discretion thereto. Vehicle Information includes but is not limited to: year, make, model, condition, damage amount, damage type, drivability, accessories, mileage, odometer disclosures, vehicle identification number (e.g. engine and chasis number and serial number), title, repair cost, repair history, title history, and total loss history.
• Auctioneer make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links, communications or Catalogue provided on or through the use of the Platform or that the operation of the Platform or that the operation of Platform will be error free and/or uninterrupted. Consequently, the Auctioneer assumes no liability whatsoever for any monetary or other loss or damage suffered by a Bidder on account of:
  • (i) The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Platform.
  • (ii) Any interruption or errors in the operation of the Platform.

• The Auctioneer only claims responsibility for the accuracy of the inspection report provided by it on the platform, if any, as at the date and time when the inspection was carried out by the representative of the Auctioneer. The Auctioneer shall not be responsible or liable for any changes to the Vehicle or its condition after the completion of the said inspection.
• Auctioneer and respective Vehicle Seller expressly disclaim any and all representations, warranties, and guarantees regarding Vehicles sold through Auction Sale on the Platform.
• It is the sole responsibility of the Bidder to ascertain, confirm, research, inspect, and/or investigate Vehicles and any and all Vehicle Information prior to bidding on vehicles.
• All Bidders acknowledge and agree that Vehicles are sold through the Platform on AS IS basis and are not represented as being in a road worthy condition, mechanically sound, or maintained at any guaranteed level of quality. The vehicles may not be fit for use as a means of transportation and may require substantial repairs and expense.
• Disclosure of Bidder Information. Each Bidder expressly agrees that Auctioneer may, if and to the extent necessary to comply with applicable law, disclose information regarding Bidder and regarding transactions conducted by Bidder through Platform if requested to do so in any judicial or administrative proceeding or by any governmental agency or regulatory authority.
• Governing Law and Jurisdiction
  This Agreement shall be governed by the laws of India and the courts of Kanpur, UP shall have exclusive jurisdiction for matters pertaining to this Agreement.