General Terms and Conditions (GTC)


Residual Value (Salvage) Market of AXA – Internet Auction
Version dated 12.2018

Introduction

These General Terms and Conditions (GTC) of AXA Insurance Ltd., 8400 Winterthur, referred to below as "AXA", govern the rights and obligations of the contracting parties in connection with AXA's services, including the terms and conditions for auctions. Should you have any questions, please contact us at restwertverkauf.ch@axa.ch.

Table of contents

General Terms and Conditions (GTC)


Art. 1 Registration and use of services

Art. 2 Terms and conditions for auctions

Art. 3 Items offered

Art. 4 Putting an item up for auction

Art. 5 Submitting a bid

Art. 6 Conclusion of an auction

Art. 7 Additional general rules for auctions

Art. 8 Terminating membership

Art. 9 Limitations of AXA Insurance Ltd.'s liability

Art. 10 Agreement to these GTC

Art. 11 Applicable law and place of jurisdiction



General Terms and Conditions (GTC)

1 Registration and use of services

1.1 Registration as a customer, which is free of charge, is a requirement for the submission of a bid on the auction platform. Companies who have registered are also deemed to be customers. Information provided by a customer when registering must be complete and correct, and must always be updated.

1.2 The following information must be provided when registering: first and last names, address – not a P. O. Box – telephone number, email address and, for legal entities, the company's name. Changes of address must be notified to AXA immediately at restwertverkauf.ch@axa.ch.

1.3 If the customer is a legal entity, the name of a contact person must be entered.

1.4 All customers, both legal entities and natural persons, must be entered in the Swiss commercial register and must be active in the motor vehicle sector.

1.5 When customers register for the first time, they accept AXA's Terms and Conditions.

1.6 The decision on definitive approval of customers rests with AXA. There is no entitlement to approval or re-approval.

1.7 The password is subject to a confidentiality obligation: for security reasons, it must not be disclosed to third parties.

2 Terms and conditions for auctions

2.1 AXA provides a platform on the internet for auctions where items with residual value (salvaged items) are traded. These items are related to a claim insured by AXA.

2.2 Private auctions as per Art. 229 para. 2 (e contrario) of the Swiss Code of Obligations (SCO) are held on the platform: accordingly, only a limited number of participants are admitted and not everyone is allowed to bid.

2.3 The price of an offered item is determined by the highest bidder.

2.4 The auction ends at a fixed time on a fixed date. The highest bid received by this time is accepted.

2.5 AXA's salvage sales team will answer questions about ongoing auctions only if they are sent to the team at restwertverkauf.ch@axa.ch.

3 Items offered

3.1. Items offered for sale in the internet auction have been transferred into AXA's ownership in connection with claims adjustment.

3.2. It is also possible that items will be offered which have not yet been transferred into AXA's ownership.

3.3 If the purchaser is successfully dispossessed of the item by the policyholder or registered user of the vehicle because ownership thereof has not yet been transferred to AXA, the sale is reversed. There is no entitlement to cancellation, because the purchaser's attention has been explicitly drawn to this risk.

4 Putting an item up for auction

4.1 Offering an item for the purpose of carrying out an online auction represents a binding offer by AXA to enter into a purchase agreement with the highest bidder for the item described.

4.2 The party offering the item defines the start time and duration of the auction, the minimum price and minimum increase of the offer, as well as the terms and conditions of payment and delivery.

4.3 AXA reserves the right to cancel auctions while they are still in progress.

4.4 AXA undertakes to provide correct information about the item for sale. Photographs of the item are uploaded. Repair costs determined by the motor claims adjuster are also disclosed.

4.5 No warranty claims can be asserted after an item has been purchased. Any and all warranties are excluded. The entire risk is transferred to the purchaser.

5 Submitting a bid

5.1 Submission of a bid represents binding acceptance of the offering party's offer of the item described at the submitted bid price. By submitting a bid, the bidder undertakes to purchase the item subject to the agreed conditions (payment, transportation, etc.) and at the price he has offered, if his bid is accepted.

5.2 Submission of bids is free of charge for the bidder.

5.3 The highest bidder receives an invoice for his highest bid plus value added tax.

5.4 If an item cannot be transferred to the highest bidder, the bidder with the bid immediately below that of the highest bidder is obliged to accept the item in accordance with his bid. The obligation of the bidder with the bid immediately below that of the highest bidder to accept the item is applicable until 48 hours after the conclusion of the auction.

5.5 The bid can only be entered in the input mask provided for this purpose on the internet auction platform. Bids in any other form, and in particular bids sent by email to AXA, are not valid.

5.6 For all auctions, the sale price and/or the amount of the next highest bid, are shown on the auction web page.

6 Conclusion of an auction

6.1 An auction normally runs until its stated finishing time/date.

6.2 Times and dates always refer to the system time used by AXA's auction platform. No guarantee is given that the system time corresponds to any officially defined time, and no liability is accepted in this regard.

6.3 On conclusion of the auction, a binding purchase agreement comes into being between the party offering the item and the highest bidder.

6.4 If no bid was submitted, the auction was not successful.

6.5 After conclusion of the auction, AXA emails the highest bidder to inform him that his bid was accepted.

6.6 The highest bidder receives an invoice from AXA which he must pay immediately. The payment must be confirmed immediately; for this purpose, the purchaser must email the post office receipt for the payment or the instruction to the bank to restwertverkauf.ch@axa.ch. The purchaser will then receive all the information needed to collect the item via email. The purchaser must immediately contact the designated individual at the vehicle's storage location to agree on a time and date for the handover.

6.7 If AXA does not receive the purchaser's payment on time, AXA reserves the right to block the purchaser's account. Re-approval can be reviewed once all outstanding amounts have been settled. In case of defaulted payment, AXA reserves the right to withdraw from the sale and to auction the item again. In this case too, AXA reserves the right to definitively delete the account of the defaulting purchaser. Any additional cost incurred due to a second sale (e.g. reduced proceeds, transportation costs, storage fees, etc.) will be invoiced to the first purchaser.

6.8 Costs in respect of canceling vehicle identity documents or lost vehicle identity documents, missing keys and onboard documentation must be borne by the purchaser.

6.9 In case of leasing transactions, the purchaser must request the electronic leasing release directly from the leasing bank, if necessary. The purchaser receives the information for this purpose when he is notified of the storage location. If the purchaser is unsuccessful in obtaining the leasing release, he may contact AXA at restwertverkauf.ch@axa.ch.

6.10 The purchaser must inspect the auctioned item on handover. If the auctioned item does not correspond to the offer on the auction platform, he must immediately send a complaint to restwertverkauf.ch@axa.ch. No changes of any sort may be made to the auctioned item. AXA's salvage sales team will inform the purchaser about the next steps via email. As a general rule, no price reductions are granted. If, after review by the AXA salvage sales team, the complaint is found to be justified, the item will be taken back by AXA and may be put up for auction a second time, as appropriate. AXA will reimburse the costs incurred by the purchaser at this time – towing, transportation and consequential costs, etc. – with a payment not exceeding CHF 250.00.

6.11 The storage location operator will usually invoice the costs incurred directly to AXA. If, however, a right of retention is asserted and surrender of the vehicle is only possible against cash payment of the substantiated costs (e.g. storage fees up to the date of auction, towing, etc.), the purchaser must settle these costs at the location. AXA will reimburse the costs to the purchaser. The purchaser sends the invoice for storage fees and towing costs as a reply to the email he has received regarding the acceptance of his bid in the auction to restwertverkauf.ch@axa.ch – stating his bank details (IBAN, name of account holder).

6.12 AXA reserves the right to change the process for salvaged vehicle sales at any time.

6.13 Recording devices for LSVA (heavy goods vehicle tax), e.g. "Emotach" for vehicles and trailers for goods transportation, over 3.5 tonnes in each case, for sales abroad or scrapping: the purchaser of a vehicle must ensure that if the vehicle is scrapped or exported abroad, the LSVA recording device is returned to the relevant office of the Federal Customs Administration (FCA). The costs of returning the device will be borne by the purchaser. Address for returning LSVA recording devices via registered mail: Mobatime AG Stettbachstrasse 5 8600 Dübendorf

7 Additional general rules for auctions

7.1 It is prohibited to submit bids by using multiple accounts. Contravention of this rule will result in immediate exclusion of the purchaser. The account must not be disclosed to third parties. The purchaser is responsible for ensuring that no unauthorized persons have access to his account.

7.2 Any party in breach of the rules stated in these GTC will be excluded from the auction.

8 Terminating membership

8.1 Customers can terminate their membership by sending an email to the following address: restwertverkauf.ch@axa.ch.

8.2 The requirements to be met for a termination of this sort are:

  • the customer's account must be settled, i.e. there must be no balance in favor of AXA.
  • the customer's auctions are fully concluded and the relevant purchases have been processed and settled.
AXA will confirm the termination via email, and will delete the relevant account.

9 Limitations of AXA Insurance Ltd.'s liability

9.1 AXA is liable only for direct loss or damage occurring due to an intentional or grossly negligent breach of contract on the part of its employees. Any liability on the part of AXA for direct loss or damage in case of minor negligence – regardless of the legal reasons – is expressly excluded, subject to mandatory legal provisions. Any liability on the part of AXA for indirect or consequential loss or damage – regardless of the legal reasons – is expressly and fully excluded.

9.2 AXA is not liable for loss or damage sustained by customers or third parties due to the behavior of other customers.

10 Agreement to these GTC

10.1 By registering, the customer acknowledges these GTC without restrictions. He enters into an agreement with AXA regarding the use of the auction platform, including the terms and conditions for auctions.

10.2 The customer reconfirms his acknowledgment of these General Terms and Conditions whenever he makes use of a service provided by AXA.

10.3 AXA reserves the right to make changes to these GTC at any time without stating the reasons.

10.4 If the customer is not in agreement with a new version of the GTC, he must notify AXA by sending an email to restwertverkauf.ch@axa.ch. Once the email has been received, the purchaser is no longer entitled to take part in auctions.

11 Applicable law and place of jurisdiction

11.1 This agreement, including the terms and conditions for auctions, the auctions themselves, and the purchase agreements concluded, are governed by Swiss law.

11.2 Unless barred by mandatory legal provisions, Winterthur is the exclusive place of jurisdiction for all disputes arising from this agreement.