Terms
and conditions
This site
is salasarauction.com website (hereinafter referred to as “the website”). The
auctions and related services are provided by Salasar
Core Solution Pvt Limited. (hereinafter referred to
as “AOSPL”) on the website. AOSPL is an service provider mandated by the
seller/buyer to facilitate virtual auction by the seller/buyer. The website is
an online auction platform, a virtual marketplace for sellers/buyers to conduct
sale/purchase of Scrap / NPA/ NMI / Obsolete items / residues / assets, and for
bidders to make/place bids/offers on such Scrap / NPA/ NMI / Obsolete items /
residues / assets. AOSPL is considered as third party not particularly
interested in the item/s being sold/bought on behalf the seller/buyer.
Note: By registering you agree to receive SMS promotions for new auction alerts. If you want to unsubscribe please contact us by clicking on this link
https://salasarauction.com/contact_us
1. By using or accessing this site, you
acknowledge that you have read these terms of use ("agreement"), and
that you accept and will be bound by the agreement
- License grant & ownership
- License.
Subject to the terms and conditions of this agreement, and until
termination of the agreement, AOSPL grants you a non-exclusive,
non-transferable, limited license to view or print the content in this
site without alterations, for personal, non-commercial use only.
- Ownership.
All content on the site is (and will be) owned exclusively by AOSPL, and
the copying, redistribution, use or publication of any such content or
any part of the site is prohibited. Under no circumstances will you
acquire any ownership rights or other interest in any content by or
through your site use.
- This
agreement shall continue to be in full force and effect for so long as you
are using the services and the website. AOSPL provides the online auction
platform wherein the users can sell, purchase, bid and buy or bid and sell
the scrap / residue / assets listed on the website in accordance to the
terms and conditions set forth below.
- Disclaimer of warranties and limitation
of liability
- This
site and all information, content, materials, products (including
software) and services included on or otherwise made available to you
through this site are provided on an "as is" and "as
available" basis, unless otherwise specified in writing.
- You
expressly agree that your use of this site and or its contents and
services are your total responsibility and at your sole risk.
- Salasar core solution private limited (AOSPL) makes
no representations or warranties of any kind, express or implied, as to
the operation of this site or the information, content, materials,
products (including software) or services included on or otherwise made
available to you through this site, unless otherwise specified in
writing.
- To
the full extent permissible by applicable law, owners disclaim all
warranties, express or implied, including, but not limited to, implied
warranties of merchantability and fitness for a particular purpose.
- AOSPL
does not warrant that this site; information, content, materials,
products or services made available to you through this site; their
servers; or e-mail sent will meet your requirements, or that this site or
its content will be uninterrupted, timely, secure, or error free, or that
defects if any will be corrected. Are free of viruses or other harmful
components.
- AOSPL
will not be liable for any damages of any kind arising from the use of
this site or from any information, content, materials, products or
services included on or otherwise made available to you through this
site, including, but not limited to direct, indirect, incidental,
punitive, and consequential damages, unless otherwise specified in
writing.
- Certain
state laws do not allow limitations on implied warranties or the
exclusion or limitation of certain damages. So some of the above
exclusions may not apply to you.
- Restrictions on use: you agree
not to post or send to the site any virus, bug or any other harmful
content and/or transmit or post any unlawful, harassing, obscene or fradulent information including false advertisements
of any kind. You also agree not to knowingly use any device, technique or
software to impede with or attempt to interfrer
with the proper working of AOSPL. You acknowledge not copying,
publishing, distributing or using the site content other than those
expressly permitted thereon. You also acknowledge for not to “
publish, perform, distribute, prepare derivative works, copy, reverse
engineer, or use the content (other than as expressly permitted herein);
post or transmit into or on the site any information in violation of
another party's copyright or intellectual property rights; take any
action which imposes an unreasonable or disproportionately large load on
AOSPL infrastructure; redeliver any of the content using
"framing", hyperlinks, or other technology without AOSPL’s express written permission; or, use any
device or technology to provide repeated automated attempts to access password-protected
portions of the site.
- Right to
regulate & law compliance: You acknowledge that AOSPL has the right,
but no obligation, to monitor the site and to disclose any information
necessary to operate the site, to protect AOSPL, its customers and others,
and to comply with legal obligations or governmental requests. AOSPL
reserves the right to refuse to post or to remove any information on the
site, in whole or in part, for any reason. Law compliance. You agree to
comply with all governmental laws, statutes, ordinances, and regulations
(including unfair competition, anti-discrimination or false advertising)
regarding your site use.
- Your site usage activities: you
agree to keep your password confidential and to intimate AOSPL within 24
hours if the same is lost or compromised.you
agree that AOSPL has the right but is not obligated to monitor the site
and/or to disclose any and/or every information necessary to operate .
- Password and security: on your
registration with AOSPL on the website, you will be allotted user
identification (user id) by AOSPL and you will be prompted to select/enter
a password. User is solely responsible for all use and for maintaining and
protecting the confidentiality of its user id and user password.
- Password-protected
areas: If you are allowed access to password-protected areas of the site,
you agree to keep your password confidential, to send notice to AOSPL within
24 hours if your password is compromised. You acknowledge that AOSPL
neither endorses nor is affiliated with any linked-site and is not
responsible for any information that appears on the linked-site. You
acknowledge that:
- The
internet is a network of computers worldwide, and that any information
submitted by you to AOSPL necessarily is routed via third party computers
to AOSPL,
- AOSPL
is not responsible for lapses in online security and does not assume
liability for improper use of your information by a third party.
- Submissions of information by you :
grant of license to AOSPL- if you submit information to the site, you
grant AOSPL a nonexclusive, worldwide, royalty-free license to (in any
media now known or not currently known or invented) link to, utilize, use,
copy, exploit, and prepare derivative works of the submitted information.
No information you submit shall be deemed confidential. However, AOSPL
agrees to use your information in accordance with AOSPL’s
privacy policy applicable to personally identifiable user data. You retain
ownership of any copyrights or other intellectual property rights
applicable to any information you submit to AOSPL.
- Applicability & cooperation :
AOSPL reserves the right to limit the provision of any product or service
to any person, geographic area or jurisdiction as it so desires, or as
required by law. AOSPL in its sole discretion may add, delete or change
the content at any time, without notice to you.
- Contacting AOSPL: should you
desire to contact AOSPL, you may do so at: scs@aonesalasar.com
- Your account : if you use this
site, you are responsible for maintaining the confidentiality of your
account and password and for restricting access to your computer, and you
agree to accept responsibility for all activities that occur under your
account or password.
- Definitions
- Seller/buyer – seller/buyer
referred to in this agreement is any real
individual or legal entity who wishes to sell/buy his/her/its scrap
/ residues / assets through internet driven online auctions on the
website and who has mandated AOSPL to provide the website and other
related support services.
- Bidder – any legal entity who is
registered with AOSPL and who makes or places a bid on the website to
buy/sell the scrap / residues / assets either in part or in full is
considered as a bidder. One individual can represent as a bidder on his
own behalf and on behalf of other legal entities provided he registers
with AOSPL separately in those capacities.
Successful bidder is that bidder in whose name sale certificate or
purchase order is issued by the seller/buyer.
- User – any legal entity who uses
the website and/or the related services provided by AOSPL is considered
as a user.
- Agreement – the terms and
conditions, together with any additional terms and conditions specific to
a particular online auction event on the website (which can be found
through one or more links on the website for the auction in question)
constitute the agreement.
- Online bidding event – an online
bidding event is a process for price determination through competitive
interaction between bidders on the website. Online bidding events
initiated by the seller are known as forward auctions and those initiated
by the buyers are known as reverse auctions.
- On
accessing the website or using the services provided by AOSPL or by
registering either as a buyer/ seller / user you agree that you have read
the terms and conditions including the terms and conditions specific to a
particular online auction event. You are bound by these terms and
conditions including those specific to a particular online auction event
- Modifications to website, services and
terms and conditions: AOSPL reserves the right to modify, amend,
suspend or discontinue any aspect of the services or the website at any
time without notice.
- AOSPL
reserves the right to amend any or all of the terms and conditions without
notice at any time at its sole discretion and announce the same on the
website. Accessing the website and/or using the services shall constitute
acceptance of the terms and conditions including the amendments.
- General terms and conditions:
- Participation
and bidding in the auctions on the website shall be treated as conclusive
evidence of the fact that the bidder has inspected the scrap / residue / assets
and the related documents pertaining to the auction and is satisfied in
all respects regarding the quality, quantity, condition of the assets,
taxes and duties, and other extraneous factors and the principle of
caveat emptor (let the bidder beware) will apply. It shall also imply
that the bidder has carefully gone through the terms and conditions,
including amendments, if any, prevailing at the time of auction. No
objections or complaints will be entertained once the bid is placed.
- All
scrap / residue / assets sold/bought on the website are on “as is where is basis” and “no complaint basis”.
- AOSPL
does not give warranty or guarantee of the quality, quantity,
measurement, condition, and chemical composition of the assets and about
its “end use” or fitness for a particular purpose.
- The
highest/lowest bidder does not get any right to demand acceptance of his
bid/offer. Seller/buyer reserves the right to accept/reject/cancel/
subject to confirmation ( stc ) any bid/offer,
withdraw any portion of the scrap / residue / assets at any stage from auction
even after acceptance of bid/offer, issue of delivery order/purchase
order without assigning any reason there of. In the event of such
rejection, cancellation or withdrawal, seller/buyer / AOSPL shall not be
responsible for any damages/loss to the successful bidder on account of
such rejection, cancellation or withdrawal.
- Communication : user consents to
receive communication from AOSPL by electronic mail, short messaging
services on their mobile phones, by phone calls or by posting notices on
the website.
- Online bidding: time extension –
if any market-leading bid (bid higher/lower than the highest/lowest at the
point in time) is received in the last specified minutes (time extension
as mentioned in the bidding room / website will apply and) of closing
time, the closing time will be extended automatically by these specified minutes.
- Bids – all
bids placed are legally valid bids and are to be considered as bids from
the bidder himself. Once the bid is placed, the bidders cannot modify or
withdraw the bid for whatever reason. The highest/lowest and the latest valid
bid on the auction shall supersede all the previous bids of the bidder.
Bidders may please note that in the event of a manual bid amount matching
that of auto bid, the manual bid will prevail and be considered.
- Auto bid:
- A.
Auto bid facility is provided for bidders intending to place a maximum
value for a lot/lots.
- Auto
bid is not a confirmed bid. It is only the maximum ceiling amount set by
the bidder to enable the auction software to place bids on his behalf,
whenever he is outbidded, upto
the ceiling set by him.
- Once
auto bid is set, the auction software will consider the ceiling amount
for the next possible bid only, depending on the highest bid prevailing
at that point of time and the increment amount prescribed for that
particular lot.
- Bidders
may please note that in the event of a manual bid amount matching that of
auto bid, the manual bid will prevail and be considered.
- Termination : AOSPL expressly
reserves the right to terminate the use of, or to refuse to permit the use
of, the services and the website by any person or entity, at the sole
discretion of AOSPL, for any reason and without notice.
- Force majeure: AOSPL shall not be
liable for any failure or delay in performance due to any cause beyond its
control including natural disasters, earth quakes, floods, fire,
explosion, accidents, epidemics, quarantine restrictions or any other act
of public enmity including but not restricted to any business compulsion
or shutdown /breakdown of website, block of passage, revolution, riots,
civil commotion, hostility, sabotage, quarantine restrictions, act of god
and acts of government, strikes, embargoes, go-slow, lock-out, closure,
theft, dislocation of normal working conditions, internet or network
non-availability, accident, war, riots, civil commotion, political
upheaval, break-down of machinery, any terrorist activity, any natural calamity, adverse weather or climatic
condition, or any other causes or conditions beyond the control of AOSPL,
whether directly due to or in consequence of the aforesaid causes and the
existence of such causes or consequences shall operate to extend the time
of performance till the cause of delay shall have ceased to exist.
- Disclaimer:
- AOSPL
runs its business on the basis of a web site. AOSPL is outsourcing server
space from a third party hosting company and hence shall ensure the
smooth running in all good faith and intention. However AOSPL will not be
held responsible for any failure of power, network, server, hosting
server, internet connectivity, isp or otherwise
at seller / bidder's end or at AOSPL directly or indirectly affecting
online method of bidding.
- AOSPL
takes no responsibility of the quality, quantity, documentation details
of buyers/sellers. Both the buyers & sellers agree to defend
indemnity and hold harmless. AOSPL from any loss, damage, cost and
expenses caused by any reason during the transactions on the website. In
no event shall AOSPL be liable for any loss for the transactors
by business, revenues, profit, costs direct and incidental, consequential
or punitive damages of any claim. Both the parties agree to have
discussed all the related matter regarding the transactions and have
understood in full that AOSPL has provided a source of supply and has
nothing to do any further especially with regards to quality, warranty,
guarantees, delivery schedules, payments, rejections, transportation,
legal laws and regulations to be followed from time to time etc. Since AOSPL
does not possess knowledge base of the scrap / residue / assets under
transaction both the parties agree that the matter contained in the scrap
/ residue / assets as a part or as a whole does not violate any
applicable law. AOSPL is only an service provider, and is not and cannot
be a party to or control in any manner any transactions between the
seller/buyer and the bidder.
- Breach of
statutes: irrespective to any other clause mentioned in this terms
and conditions, buyer / seller both shall indemnify AOSPL against all
penalties and liabilities of every kind of breach of any statutes, ordinances,
rules and regulations or by laws as may be applicable for and in the
execution of the services.
- The seller/bidder agrees to limit the liability of
AOSPL to them for any and all claims, losses, costs, damages of any nature
whatsoever or claims expenses from any cause or causes, including
attorneys' fees and costs, so that the total aggregate liability of AOSPL
to the seller/bidder shall not exceed fifty percent of it's total fee
receivable from the seller/bidder. It is intended that this limitation
apply to any and all liability or cause of action however alleged or
arising, unless otherwise prohibited by law.
- Governing law and jurisdiction: this
agreement is governed and construed in accordance with the laws of union
of
india.
Users hereby irrevocabley consent to the
exclusive jurisdiction and venue of courts in mumbai,
india
in all disputes arising out of or relating to the use of the services and
the website.
- Users
agree to indemnify and hold AOSPL and its officials and employees harmless
from any claim, demand or damage asserted by any third party due to and
arising out of use of services and the website.
- Termination: notwithstanding
anything hereinabove contained, in the event of AOSPL being adjudicated
insolvent, or being a company resolved or ordered to be wound up, then in
such event, the contract shall automatically stand terminated and in the
event of breach, default or violation of any of the terms and conditions
hereof by AOSPL for any reasons whatsoever, all parties / users / buyers /
sellers shall be at liberty to terminate this contract forthwith and
without prejudice to all other rights and claims of other party under this
contract or otherwise in law against the contract / order and either party
shall not be entitled to any claim for loss, compensation or damages
arising out of any such early termination.
- Arbitration: in the event of any
dispute or differences arising out of relating to under or in respect of
this contract the parties, hereto, the same shall be referred at written
request of either party to a sole arbitrator to be appointed by the AOSPL, Mumbai in accordance with
arbitration and conciliation act, 1996 and the rules, if any, made thereunder and any statutory modification or
re-enactment thereof. The venue of arbitration proceedings shall be at Mumbai
(Rajasthan).the arbitrator shall give speaking and reasonable award. Award
made and pronounced in arbitration
proceeding shall be final and binding on both the parties.
- Governing law & jurisdiction:
this contract shall be in all respects be deemed and constructed in
conformity with Indian laws and will be subjected to jurisdiction of Mumbai
courts in the state of maharashtra only.