Procedures and Terms of Internet Auctions (Bid-Up)
(1) Internet Auctions are bid-up style auctions conducted using the internet.
(2) The Auction continues until the last bidder, who is offering the highest price, is left. The last bidder becomes a successful bidder.
(3) If there are any successful bids placed within the last 5 minutes of an auction, the auction can be extended by 5 minutes from the last successful bid. An auction can be extended multiple times.
(4) Each Exhibit has a reserve price, which is a starting price of the auction. If there is no bid at the starting price, then the Auction for that Exhibit is handled as void.
(5) The prices of all Exhibits shall be quoted on an EX-stockyard of the relevant site basis and shall not include the consumption tax (currently 10% of the price) thereon.
(6) With regard to inland transport charges, shipping charges, wash charges and disassembly charges, please click on “Charge Table” column in the said WEB.
(7) Once the bid has been placed, it cannot be cancelled or retracted.
(8) After a successful bid is completed and finalized, any cancellation of the bid for any reason shall be prohibited.
(9) Any Exhibits shall be traded on an “as is and where is” basis.
(10)KUEC reserves the right to cancel the Exhibit or Exhibits, depending on its condition, after the auction has begun whether or not bids have been placed on the Exhibit or Exhibits if KUEC deems it necessary to do so.
(11)Successful bidders can check their results in “My Bid Results” column in the said WEB.
(1) KUEC does not provide any warranty for Exhibits.
(2) In case KUEC finds it necessary to revise the machine condition report after the exhibit list has been released, the machine condition report may be revised. Furthermore, all the photos posted and machine specifications depicted on this website are just for your reference. No warranty as to the accuracy of information contained is implied or given.
3) Payment and Delivery of Purchased Product
(1) We accept payment only in Japanese yen.
(2) Delivery herein shall be considered to have been effected when you, as the successful bidder, complete the carrying-out of the Purchased Product from the Auction yard.
(3) If you are operating in Japan, you have to pay the price of the purchased product (hereinafter referred to as the “Purchased Product”) within 1 week after the last day of the Auction. You have to carry the Purchased Product out of the Auction yard within 30 days from the last day of Auction, after completing the payment thereof.
(4) If you are operating overseas, you have to remit the price within 2 weeks after the last day of the Auction. You have to carry the Purchased Product out of the Auction yard within 30 days after the last day of Auction, after completing the payment thereof, on the terms and conditions separately agreed between you and KUEC.
4) Notice on Export Control
(1) Compliance with Export Control Laws and Regulations In case of using the Purchased Product overseas or exporting the same from Japan, the successful bidder shall take all the necessary actions to comply with (i) the then current Foreign Exchange and Foreign Trade Law, Export Trade Control Order and Foreign Exchange Order (hereinafter collectively referred to as “Export Control Laws and Regulations”) as well as (ii) U.S. re-export regulations and (iii) other rules KUEC may furnish from time to time in writing.
In addition, the successful bidder is hereby requested to follow KUEC’s policy to refrain from promoting any trade that could conflict with (i) any resolutions of the United Nations or other reputable international conventions, (ii) any export related guidance notified by the government authority of Japan, or (iii) any principles, ethics or moral practices that are prevalent in the international business community.
(2) Use and Customers (including End-users, hereinafter collectively referred to as “Customers”) The successful bidder shall commit himself neither to use the Purchased Product for any of the below mentioned purposes nor to re-transfer/resell to any individual or entity (including any government or governmental body, subdivision or agency) who will use the Purchased Product for such purposes or who is/has ever been engaged in related activities;
 sale, development, production, use or storage of conventional weapons, weapons of mass destruction (including nuclear weapons, chemical weapons, biological weapons, and their dissemination devices, missiles and unmanned aircrafts for their delivery
 sale, development, production, use or storage of those materials (including machine tools) related to the aforementioned weapons, devices and systems
 other uses outside Japan for which prior approval of Japanese Ministry of Economy, Trade and Industry are necessary under the provisions of relevant export control laws and regulations
(3) Examination After the successful bidder wins a bid, KUEC may examine the legitimacy under the Export Control Laws and Regulations of the successful bidder, Customers and intended use of the Purchased Product. Please note that KUEC might take the following actions as a result of such examination.
Depending on the laws and regulations of the countries of destination concerning environment protection, product safety and so on, the same rule as described above may apply.
 extension of the delivery due date
 imposition of certain restrictions on the resale by the successful bidder and/or the Customers
 cancellation of the purchase contracts entered into between KUEC and the successful bidder
Without prejudice to the generality of the foregoing, and unless and until announced otherwise in the future, every successful bidder is expressly requested to obtain prior written approval of KUEC, in the form attached hereto, whenever it intends to resell the Purchased Product to Islamic Republic of Iran, Republic of the Sudan, Syrian Arab Republic or North Korea, Islamic Republic of Afghanistan, Republic of Iraq, Republic of Cuba, Republic of South Sudan, Somalia, Democratic Republic of the Congo, Lebanese Republic, State of Eritrea, Libya, Northeast China of People’s Republic of China (Liaoning Province, Heilongjiang Province, Jilin Province), Republic of Singapore, Central African Republic. Please contact us for detailed procedures.
KOMATSU USED EQUIPMENT CORP.（KUEC）
Construction Equipment Dept.
E-mail : JPQ1MB_kuecfirstname.lastname@example.org
Please note that KUEC will not be liable for any damage incurred by the successful bidder as a result of any of the aforementioned prospective actions or definitive request.
(4) Customers The successful bidder shall cause the Customers to abide by any of the terms and conditions stipulated in (1), (2) and (3) above.
5) Compliance with other regulations
The successful bidder who exports the subject products from Japan shall comply with, in addition to Export Control Laws and Regulations specified in 4) above, the laws and regulations of the countries of destination concerning environment protection, product safety and so on, and shall complete all required steps (including without limitation required modifications, governmental approvals, etc.) in accordance with such laws and regulations.
6) Other remarks
Unless otherwise mentioned in this “Procedures and Terms of Auctions”, all the other rules and conditions are pursuant to the following “KUEC Auction Membership Rules”.
KUEC Auction Membership Rules -Internet Auction (Bid-Up system)
Those who will participate in the KUEC Auction shall comply with this KUEC Auction Membership Rules. KUEC may revise this KUEC Auction Membership Rules from time to time if necessary.
Section 1. Membership
The KUEC Auction (hereinafter referred to as “the Auction”) is available only to its registered members (hereinafter referred to as “Members” or individually a “Member”). Those who fall into one of the following items may obtain membership and be entitled to participate in the Auction.
1. Distributors, dealers, affiliated rental companies and similar legal entities of Komatsu Group,
2. Used-equipment dealers operating in Japan or overseas, who have ever traded with KUEC since its foundation and were approved by KUEC, or
3. Used-equipment dealers without any previous business relationship with KUEC who are allowed by KUEC to be new members (however, limited to certified used-equipment dealers).
Section 2. Registration
An applicant for new membership registration, who does not fall into item (1) and (2) of Section1, shall follow the procedure outlined below:
1. Fill out and submit the Auction membership registration form issued by KUEC.
2. If KUEC approves the membership registration, KUEC requests the new Member to deposit tender bond.
3. The new Member shall deposit tender bond of 500,000 yen or the equivalent sum in U.S. dollars, by means of bank transfer into the bank account designated by KUEC, by the day before the Auction it will participate in. After depositing the tender bond, the new Member shall be notified of obtain an Auction registration number by KUEC.
4. KUEC keeps the tender bond as long as the Member retains its membership. If the Member becomes a successful bidder, it may have the tender bond released and credited against the purchase price. In this case, the Member shall redeposit the tender bond in order to participate in the next Auction. KUEC may at its discretion exempt particular Members from the redeposit requirements in consideration of such Member’s past performance. However, KUEC shall refund the tender bond at the request of the Member. In this case, the membership shall be revoked and the relevant ex-Member shall apply for membership registration again to participate in the Auction.
5. In the case that the Member is liable to pay compensation to KUEC pursuant to Section 10.2, the tender bond which KUEC keeps will be appropriated for the compensation.
Section 3. Disqualification
1. Members who have neither participated in the Auction for 2 years or more nor have any ordinary business with KUEC shall lose their membership.
2. Members may withdraw from their membership at their own discretion. KUEC will refund the remaining tender bond (if any) at the time of the withdrawal.
3. Once KUEC determines that a Member falls into the cases listed below, KUEC may unilaterally revoke its membership, without consent of the Member, after giving a prior notice. In such cases, KUEC shall not refund the remaining tender bond to the Member.
(1) If any false statement is included in the Auction membership registration form,
(2) If the Member violated any applicable laws, regulations or common commercial practices intentionally or by negligence or if it is very likely to violate them,
(3) If the Member violated any part or parts of KUEC Auction Membership Rules (hereinafter referred to as “the Rules”) or if is very likely to violate the Rules, or
(4) If KUEC determines that the Member should be disqualified for any reasons other than the above.
Section 4. Warranty and Indemnity
1. Products put up for the Auction (hereinafter referred to as “Exhibits” or individually an “Exhibit”) are traded “as is”. KUEC and auctioneers do not provide any warranty for Exhibits. KUEC accepts no claim from Members concerning the performance, quality or alleged defect of Exhibits.
2. If any loss or damage is incurred or suffered by a third party from or in connection with any Exhibits after a successful bid, then it is the sole responsibility of the successful bidder to solve the problem at its own expense. KUEC shall not be liable for any such loss.
3. KUEC shall not be liable for any injury or any other damage to life, body or property of the participants in the Auction arising at the Auction site.
Section 5. Auction System
1. Members are not allowed to participate in the Auction for the Exhibits which they themselves offer for sale. KUEC strictly forbids re-purchase of such Exhibits. If such conduct is identified by KUEC, the relevant Member shall be forbidden from participating in the Auction thereafter.
2. The prices of all Exhibits are quoted on EX-stockyard of the relevant Auction site basis.
3. Internet Auction (Bid-Up style) follow the procedures below:
 The currency for Internet Auction is Japanese yen.
 Each Exhibit has a reserve price, which is a starting price of the internet auction. If there is no bid at the starting price, then the Internet Auction for that Exhibit is handled as void.
 The prices of the Exhibits on the Internet Auction are set in the bidding-up system. The Internet Auction continues until the last bidder, who is offering the highest price, is left. The last bidder becomes a successful bidder.
4. KUEC may at its own discretion resolve all disputes, controversies or differences arising with regard to the progress or procedure of the Auction.
Section 6. Conclusion of Purchase Contract
1. A purchase contract on an Exhibit between KUEC and the successful bidder shall be deemed concluded when the bidder successfully won the bid.
Section 7. Terms of Payment
1. Members operating in Japan shall pay the price within 1 week after the last day of the Auction. The successful bidder shall pay, into the bank account designated by KUEC, the price of the subject product (hereinafter referred to as the “Purchased Product”) as well as the consumption tax applicable under the Japanese law (currently 10% of the price) in Japanese yen.
2. Members operating overseas shall remit the price within 2 weeks after the last day of the Auction.
3. If the payment of the price stipulated in this Section (in case of members operating in Japan, within 1 week after the last day of the Auction, and in case of members operating overseas, within 2 weeks after the last day of the Auction) should be delayed, the successful bidder shall pay annual interest of 14 % to KUEC depending on the number of days delayed.
4. If no payment of the price is made within 30 days after the last day of the Auction, KUEC may cancel the purchase contract. In such cases, the successful bidder shall pay 20% of the price to KUEC as liquidated damages.
Section 8. Delivery of the Purchased Product and Transfer of the Ownership
1. “Delivery” herein shall be considered to have been effected when the successful bidder completes the carrying-out of the Purchased Product of the Auction yard.
2. In case of the Members operating in Japan,
(1) The successful bidder shall carry the Purchased Product out of the Auction yard on his/her own responsibility within 30 days from the last day of the Auction, after completing the payment set forth in Section 7.
(2) KUEC shall arrange the Delivery of the Purchased Product to the successful bidder at the request thereof promptly after the payment of the price is confirmed.
(3) If the item (1) above should not be fulfilled within 30 days after the last day of the Auction, the successful bidder shall pay 1,000 yen per day as a storage cost for each item of the Purchased Products for the period from the Delivery date set forth in the item (1) above until the shipment thereof or the cancellation of the purchase contract are made.
3. In case of the Members operating overseas,
(1) After the payment of the price set forth in Section 7 is confirmed by KUEC, the successful bidder shall carry the Purchased Product out of the Auction yard on his/her own responsibility within 30 days from the last day of the Auction on the terms and conditions separately agreed between the successful bidder and KUEC, and KUEC shall arrange the Delivery of the Purchased Product to the successful bidder at the request thereof.
(2) If the item (1) above should not be fulfilled within 30 days after the last day of the Auction, the successful bidder shall pay 1,000 yen per day as a storage cost for each item of the Purchased Products for the period from the Delivery date set forth in the item (1) above until the shipment thereof or the cancellation of the purchase contract are made.
4. The ownership of the Purchased Product shall be transferred to the successful bidder upon the Delivery of the Purchase Product.
5. Risk of loss on the Purchased Product shall be transferred from KUEC to the successful bidder at the time of successful bidding unless otherwise agreed between the successful bidder and KUEC.
Section 9. Export Control
If the Purchased Product is used overseas or exported to overseas, the successful bidder shall take all the necessary actions at its own responsibility to comply with the import/export control laws and regulations of Japan and the destination countries as well as the provision of “Notice on export control” stipulated in “Procedures and Terms of Internet Tenders” attached herewith.
Section 10. Cancellation and Indemnity
1. Unless otherwise agreed in an individual purchase contract, KUEC may cancel a purchase contract if the successful bidder has violated any of the provisions of the Rules. When KUEC cancels the purchase contract, it shall not be obliged to treat the bidder who offered the second highest price as the successful bidder, and may dispose of the Purchased Product at its discretion.
2. Regardless of whether KUEC has exercised the cancellation right stipulated in the previous item, the successful bidder shall be liable to indemnify KUEC for damages or any loses if it has violated any of the provisions of the Rules.
Section 11. Governing Laws
The Rules and purchase contracts shall be construed and governed by the Japanese laws.
Section 12. Discussion
Issues that are not stipulated or decided by the Rules and questions concerning interpretation of the same shall be resolved through faithful discussion between KUEC and the Members concerned.
User Privacy Notice
In our User Privacy Notice we have compiled all essential information about our handling of your personal data and your corresponding rights for you.
This User Privacy Notice is effective from 1st October, 2019.
1. Scope and updates of this User Privacy Notice
This User privacy Notice explains our collection, use, disclosure, retention, protection, processing of your personal information.
This User Privacy Notice applies to your use of this website and all KUEC applications, services (including payment services), products and tools (collectively the "Services"), regardless of how you access or use our Services, including access via mobile devices and apps.
We may change this User Privacy Notice at any time by posting the revised User Privacy Notice on this website and indicating the effective date of the revised User Privacy Notice.
KOMATSU USED EQUIPMENT CORP.(KUEC) is the Controller of your personal data and collects and processes your personal data from you when you use our Services.
Personal data is information relating to an identified or identifiable natural person.
An identifiable natural person is one who can be identified, directly or indirectly, by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
We do not consider personal information to include information that has been anonymized or aggregated so that it can no longer be used to identify a specific natural person, whether in combination with other information or otherwise.
If you have any questions about this User Privacy Notice or about General Data Protection at KUEC, you can contact:
KOMATSU USED EQUIPMENT CORP.（KUEC）
Construction Equipment Dept.
E-mail : JPQ1MB_kuecemail@example.com
4. What personal data we collect and process
We collect your personal data when you use our Services, create a new KUEC account, provide us with information via a web form, add or update information in your KUEC account, participate in otherwise interact with us. We also collect personal data from other sources (such as other credit agencies or bureaus).
We collect the following personal data:
4.1 Personal data you provide when using our Services or creating an KUEC account
・Data that identifies you, such as your name, address, telephone numbers or email addresses, your user name, or additional identification data that you provide when setting up your KUEC account.
・Data regarding bids, purchases that you provide in a transaction.
・Financial information (e.g. credit card and account numbers, payment details) in connection with a transaction.
・Shipping, billing, and other information you provide in connection with the purchase or shipping of an item, as well as information required for customs clearance (such as tax identification numbers or other identification numbers) and relevant shipping information (such as shipment numbers and tracking information) if shipped through one of our programs.
・Other data that we are required or entitled by applicable law to collect and process and that we need for your authentication or identification, or for the verification of the data we collect.
4.2 Personal data we collect automatically when you use our Services or create an KUEC account.
・Data that is generated as part of one of your transactions (bids, purchases) or that is linked to your KUEC account as a result of a transaction in which you are involved, such as transaction amounts, time and location of transactions and payment methods.
・Data regarding all other interactions with our Services, your advertising preferences, and your communications with us.
4.3 Personal data from other sources
We also collect personal data about you from other sources and from third parties to the extent permitted by applicable law. In particular, this includes the following data:
・Data from credit agencies or bureaus (e.g. credit reports/checks)
・We combine or connect the personal data we collect from you with data from these other sources.
5. Purposes and legal basis for data processing and categories of recipients
We process your personal data for various purposes and pursuant to various legal bases. We process your personal data primarily to provide and improve our Services, to contact you about your KUEC account and our Services, to provide customer service, and to detect, prevent, mitigate and investigate fraudulent or illegal activity. We also share your information with KOMATSU GROUP.
5.1 We process your personal data in order to fulfil our contract with you and to provide you with our Services. This includes the following purposes:
・Processing of data relating to you or your company for the purpose of entering into a contract with you and executing it.
・Provision of our Services and ensuring the functionality of our Services.
・Enabling the delivery of purchased items by logistics/shipping service providers including notifications in connection with the delivery (such as tracking information), the latter to the extent permitted by applicable law without your consent.
・Provision of our payment services.
・Solution of problems with your KUEC account, arbitration of disputes, providing other services within the scope of customer service as well as enforcement of fee claims.
For these purposes, we may contact you via notification in email, telephone, SMS, push notification on your mobile device or by mail.
5.2 We process your personal data in order to comply with legal obligations to which we are subject. This includes the following purposes:
・Participation in proceedings (including judicial proceedings) conducted by public authorities or government agencies, in particular, for the purpose of detecting, investigating and prosecuting illegal acts.
・Prevention, detection and mitigation of illegal activities (e.g. fraud, money laundering and terrorist financing).
・Ensuring the information security of our Services.
・Retention and storage of your personal data to comply with specific legal retention requirements.
Where necessary, we transmit your personal data to processors and the following recipients for one or several of the purposes described above:
・Law enforcement agencies, courts, government agencies or public authorities, intergovernmental or supranational bodies.
・Third parties who are involved in judicial proceedings, in particular, if they submit a legal order, court order or equivalent legal order to us.
5.3 We process your personal data in order to protect your vital interests or the vital interests of another natural person. This includes the following purposes:
・Prevention, detection, mitigation and investigation of unlawful activities that may result in impairment of your vital interests or the vital interests of another natural person, unless there is a statutory obligation to this effect.
Where necessary, we transmit your personal data to processors and the following recipients for one or several of the purposes described above:
・Law enforcement agencies, courts, government agencies or public authorities, intergovernmental or supranational bodies
・Third parties who are involved in judicial proceedings
5.4 We process your personal data where necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by your interests or fundamental rights and freedoms. On this basis, we process your data for the following purposes:
・Participation in proceedings (including judicial proceedings) conducted by courts, law enforcement agencies, government agencies or public authorities, intergovernmental or supranational bodies, in particular for the purpose of detecting, investigating and prosecuting illegal acts, unless there is a statutory obligation to this effect, and we may legitimately assume that the disclosure of the data is necessary to avert imminent disadvantages or to report a suspicion of an illegal act. In such cases, we will only disclose what we believe is necessary, such as your name, city, zip code, telephone number, email address, user names, IP address, fraud complaints, bidding and listing history.
・Protection of the legitimate interests of third parties in connection with civil law disputes, unless there is a statutory obligation to this effect, if we may legitimately assume that it is necessary to disclose the data to such third parties in order to avert imminent disadvantages.
・Prevention, detection, mitigation and investigation of fraud, security breaches and other prohibited or unlawful activities, including the assessment of corresponding risks.
・Monitoring and improvement of the information security of our Services, unless there is a statutory obligation to this effect.
・Performance of identity checks, creditworthiness and other financial standing checks, evaluation of applications and comparison of information for accuracy and verification purposes.
・Provision of functions for users that make the processing of transactions easier or more convenient.
・Analysis of telephone conversations with our [Contact] that we recorded with your consent.
・Advertisements by mail.
6. Data transfers
6.1 We share your information with KOMATSU GROUP. The transmission of personal data between KOMATSU GROUP is based on the basis of appropriate safeguards.
6.2 Other data transfers (from the European Economic Area to third countries)
We will only transfer your personal data from the European Economic Area (EEA) to third countries, i.e. countries outside the EEA, on the basis of appropriate safeguards.
Third countries providing an adequate level of data protection according to the European Commission currently include Andorra, Argentina, Canada (for companies covered by the Personal Information Protection and Electronic Documents Act), Switzerland, the Faroe Islands, Guernsey, the State of Israel, the Isle of Man, Japan, Jersey, New Zealand and Uruguay.
Recipients in the USA can be partially certified according to the EU-U.S. Privacy Shield, so that appropriate safeguards for an international data transfer exist.
In other cases, KUEC provides the necessary safeguards, e.g. through the conclusion of data protection contracts adopted by the European Commission (e.g. standard data protection clauses (2010/87/EU, 2001/497/EC or 2004/915/EC)) with the recipients, or through other measures provided for by law.
7. Storage duration and erasure
Your personal data will be stored by us and our service providers in accordance with applicable data protection laws to the extent necessary for the processing purposes set out in this User Privacy Notice. Subsequently, we will delete your personal data in accordance with our data retention and deletion policy or take steps to properly render the data anonymous, unless we are legally obliged to keep your personal data longer (e.g. for tax, accounting or auditing purposes).The data will be deleted after the relevant limitation or retention periods have expired.
8. Rights as a data subject
Subject to possible restrictions under national law, as a data subject, you have the right to access, rectification, erasure, restriction of processing and data portability with regard to your personal data. In addition, you can withdraw your consent and object to our processing of your personal data on the basis of legitimate interests. You can also lodge a complaint with a supervisory authority.
Your rights in detail:
・You can withdraw your consent to the processing of your personal data by us at any time. As a result, we may no longer process your personal data based on this consent in the future. The withdrawal of consent has no effect on the lawfulness of processing based on consent before its withdrawal.
・You have the right to obtain access to your personal data that is being processed by us. Your right to access may be limited by national law.
・You have the right to obtain from us without undue delay the rectification of inaccurate personal data concerning you. Taking into account the purposes of the processing, you have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
・You have the right to obtain from us the erasure of personal data concerning you, unless processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defense of legal claims. The right to erasure may be limited by national law.
・You have the right to obtain from us restriction of processing to the extent that
・the accuracy of the data is disputed by you,
・the processing is unlawful, but you oppose the erasure of the personal data,
・we no longer need the data, but you need it to assert, exercise or defend legal claims or
・you have objected to the processing.
・You have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller ("right to data portability")
・You have the right to lodge a complaint with a supervisory authority. As a rule, you can contact the supervisory authority of your usual place of residence, your place of work or the registered office of the controller.
9. Data security
We protect your personal data through technical and organizational security measures to minimize risks associated with data loss, misuse, unauthorized access and unauthorized disclosure and alteration. To this end we use firewalls and data encryption, for example, as well as physical access restrictions for our data centers and authorization controls for data access.