General Terms and Conditions of Sale
• Please note that sales of heavy goods vehicles and commercial equipment are exclusive of VAT
• 21% VAT applies for Belgium and private individuals within the EEC
• 13% of the hammer price, excluding VAT. VAT is charged on top, with a minimum charge of €20 excluding VAT
• Fees for Inter-enchères buyers are subject to a surcharge of 1.5% excluding VAT.
• VGP fee for road vehicles: €70 excluding VAT
• A fee of €20 excluding VAT applies to any purchase of equipment costing less than €180 excluding VAT.
PAYMENT WITHIN 48 HOURS – from the date of sale.
DELIVERY WITHIN 6 WORKING DAYS – from the date of sale.
STORAGE CHARGES - From the 7th working day – from the date of sale.
PHYSICAL AUCTIONS Mercier Belgium organises and conducts public auctions of vehicles and other equipment, to which the general provisions of these terms and conditions apply. Mercier Belgium acts as the seller’s agent and is therefore not a party to the sale; the contract is binding solely between the buyer and the seller of the lot. Auction conducted by the firm Bogaert – Dupont – Debetencourt – Rochez (Tournai)
VEHICLE SPECIFICATIONS Heavy goods vehicles > 3.5 tonnes: vehicles are sold with or without a roadworthiness certificate, and Mercier Belgium informs buyers whether or not such a certificate is available (please contact the sales team if required). The content of this roadworthiness test is subject to strict and precise regulations. These require the roadworthiness test to be completely independent of any activity related to vehicle repair or the motor trade. The roadworthiness test is therefore neutral, impartial and objective. Furthermore, some vehicles returned from long-term lease agreements are presented with their service history. Certain vehicles also undergo a roadworthiness test, a copy of which is displayed on the windscreen during the public viewing of vehicles on the forecourt.
PUBLIC VIEWING OF LOTS Each sale is preceded by a public viewing of the lots at the sale venue (see dates). The main purpose of these viewings is to enable prospective buyers to assess the condition and nature of the vehicles on offer. In addition, Mercier Belgium staff are on hand to assist the public by opening the vehicles (passenger cars, light commercial vehicles, heavy goods vehicles), providing access to them, offering information and guiding buyers through the purchasing process. Most vehicles are eligible for a mechanical warranty, which you can take out at an additional cost (see the relevant section) through our partner. You can also take out temporary insurance for 2, 7, 15 or 30 days, giving you the time you need to compare the various offers from insurance companies. Finally, we can carry out the necessary vehicle registration procedures on your behalf at the prefecture, saving you the trouble of having to go there yourself (please enquire about the conditions with our reception staff).
LIVE AUCTIONS If you are unable to attend the public auction in person, you can still follow the auction and bid online via our LIVE auction system. To do so, you must register here before the auction, providing your postal address and a valid email address. Registration is free of charge. Mercier Belgium reserves the right to refuse access to any user. You will also need to provide a pre-authorisation of 3,000 euros (including VAT) via your payment card. Your bank details will be verified via an independent secure payment system. Mercier Belgium does not store any banking details. Furthermore, your card will not be debited if you are not the successful bidder. If you are the successful bidder via the internet, the fixed deposit of 3,000 euros (including VAT) will be converted into a deposit and debited immediately. An invoice will then be issued and the deposit of €3,000 will be deducted from the amount due. The disclosure of login details (email address and password) and their use by a third party is the sole responsibility of the user. In the event of non-payment by the due date, the user’s account may be closed.
AWARD OF LOTS During the auction, any person placing a bid and declared the ‘successful bidder’ for a lot must provide Mercier Belgium staff with a document proving their identity (national identity card, passport, Kbis extract) to Mercier Belgium staff, together with a deposit (a plain cheque made payable to Mercier Belgium, cash or a deposit by credit card). Upon the auctioneer’s declaration of “sold”, the highest bidder is declared the “successful bidder” for the lot. Any DISPUTE concerning the auction shall be immediately and definitively settled by the bailiff conducting the public sale
METHODS OF PAYMENT The sale is expressly conducted on a cash-only basis. Several methods of payment are permitted: • Bank transfer only • Credit card on site
Heavy goods vehicles/commercial equipment sales
Fixed fee schedule applied to heavy goods vehicles/commercial equipment sales.
• Please note that sales of heavy goods vehicles and commercial equipment are conducted exclusive of VAT
• 21% VAT applies for Belgium and private individuals within the EEC
• 13% (excl. VAT) of the hammer price. VAT is charged on top, with a minimum of €20 (excl. VAT)
• Fees for Inter-enchères buyers are increased by 1.5% (excl. VAT).
• VGP fee for road vehicles: €70 (excl. VAT)
• A fee of €20 excluding VAT applies to any purchase of equipment costing less than €180 excluding VAT.
DELIVERY AND COLLECTION OF LOTS Vehicles will only be released and collected once payment has been made. A copy of the purchaser’s identity document and a copy of the identity document of the person collecting the vehicle – if this person is different from the one named on the invoice – will be required. For business customers, the SIRET number will also be required. If the billing address does not match the identity document, proof of address dated within the last 3 months must be provided. If the person collecting the vehicle is not the purchaser, their identity document must also be presented. Upon payment, you will be given a folder containing all the technical and administrative documents for the vehicle (passenger car, light commercial vehicle, heavy goods vehicle) so that you can register the vehicle at the prefecture (transfer of ownership on the vehicle registration certificate). Vehicles must be collected no later than the Friday following the sale. After this deadline, Mercier Belgium will charge the successful bidder late collection fees (€15 incl. VAT per day for storage costs). In order to collect the vehicle, the successful bidder must have taken out motor insurance in advance. Mercier Belgium cannot be held liable in the event of a fine resulting from a lack of insurance. From the time the vehicle is made available, the successful bidder is subject to the applicable regulations governing the Highway Code, private and public transport, and labour regulations, in respect of any equipment that must be brought into compliance, as well as to all legal obligations relating to the use of the vehicle.
VEHICLES INTENDED FOR EXPORT Provisions common to deliveries within the European Union and exports outside the European Union. The following paragraph applies only to vehicles advertised as ‘sold including VAT’. Export is permitted only where the car is advertised as ‘SOLD WITH ORIGINAL REGISTRATION CERTIFICATE’. This indicates that the certificate will be available but will not be handed over immediately. Export must take place within a maximum of 8 days following the sale, both for the European Union and for all other countries. Once this period has elapsed, the export will no longer be eligible for a VAT refund. In all cases, those wishing to export are requested to check that all administrative documents are present in the files. This responsibility lies solely with the individuals wishing to export the goods. Mercier Belgium cannot be held liable for this, as each destination country has its own rules. Deliveries within the European Union For business customers, the following must be provided prior to the sale: • intra-Community VAT number, with proof of validity, • company registration certificate (equivalent to the Kbis), • any document proving the identity of the director (identity card, passport). However, VAT exemption is only possible provided that the buyer submits to Mercier Belgium an original consignment note (CMR) endorsed by the carrier and the customer, proving delivery of the vehicle to another Member State, or a copy of the vehicle registration certificate from that Member State. Payment must be made by international bank transfer from the purchasing company. Exports outside the European Union The buyer must use a freight forwarder listed with MERCIER BELGIUM (CAR TRANSIT INTERNATIONAL, ROUSSEL or AGENCE EUGENE MUSSCHE). Once the export has been completed within the aforementioned 30-day period, the buyer must send copy “3” of the “EX 1” document, endorsed by the customs office at the point of exit, to MERCIER BELGIUM. It is mandatory that this “EX 1” document lists MERCIER BELGIUM as the consignor. The VAT refund will be made within two months of the supporting documents being submitted to MERCIER BELGIUM, solely by bank transfer to the purchaser’s account or to another account, subject to an official power of attorney drawn up in French by the purchaser.
See original version (French)
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