HCMJ BID Membership Rules | Hitachi Construction Machinery Japan

Auction Membership Rules

HCT BID Membership Rules: The following rules (hereinafter called "Rules") stipulate the terms and conditions regarding the membership of parade-type auctions, tender-type auctions, and auctions and tender auctions conducted through the Internet (hereinafter collectively called "HCT BID"), carried out or operated by Hitachi Construction Machinery Japan Co., Ltd. (hereinafter called "HCMJ").

1. Application of Rules

(1)These Rules are applicable to both HCMJ and all registered members of HCT BID (hereinafter called "Members").
(2)Other terms and conditions provided by HCT such as Rules of Participation for HCT BID (hereinafter called the “BID Rules”) shall be considered as an addendum to these Rules and shall hold the same distinction and validity as those included herein.
(3)In instances whereby additional terms and conditions stipulated by HCT are in conflict with Rules included herein, such additional terms and conditions shall be applicable and supersede the latter.
(4)HCMJ’s notice under the Article 3 shall be deemed as a part of this Rule.

2.Amendment of Rule

(1) HCMJ may amend and make changes to the Rules and the BID Rules without obtaining the consent of Members. Members shall be notified of any amendments via any means considered appropriate by HCMJ. HCMJ shall not have any obligations or be held liable for damages or losses incurred thereby to Members.
(2) By participating in HCT BID after the amendment of the Rules and the BID Rules, Members shall be deemed to have agreed such amendment, provided, however, that HCMJ shall ask the Members to agree to the amended terms and conditions in the Rules and the BID Rules which HCMJ determined those amendment includes significant effect to the Members from time to time. If a Member does not agree to the amended terms and conditions in the Rules and the BID Rules, the Member agrees to lose the membership qualification of HCT BID.

3. Notice by HCMJ

(1)HCMJ may notify Members of any matter, by posting on HCMJ’s WEB site, sending e-mail or by any other means considered appropriate by HCMJ.
(2)HCMJ’s notice based on this Article 3 (1) shall become effective on posted on HCMJ’s WEB site or on sent out by e-mail to the e-mail address registered by Members, unless otherwise stipulated by HCMJ.

4. Arrangement of Facility: Members shall bear all costs and be responsible for any and all products and services associated to their capacity to access, partake and utilize HCT BID, including but not limited to hardware, software, communication facilities and lines, internet access services, etc.. HCMJ shall not bear any responsibility for such non-usability or non-accessibility and/or any damages or losses incurred due to a Members inability to use or access HCT BID as a result of the aforementioned.

5. Membership Qualifications

HCT BID is available only to individual persons who are registered as a Member and are conducting business in connection with sales of used construction machineries, maintenance or trading, satisfying with the following all qualities: .

(1) having sufficient experience in handling used construction machineries
(2) having general knowledge of trading used construction machineries
(3) conducting export business of used construction machineries

6. Registration

Prospective Members applying as a new registrant shall adhere to the following procedures:

(1)Submit a membership application form, which is designated by HCMJ, by completing the required information.
(2)HCMJ will inform applicants regarding the result of their membership status via e-mail. A registered Member will be provided with a unique registered number and a member’s card allowing them to participate in HCT BID. A User ID and Password will also be provided to access HCMJ’s internet auctions (a unique registered number, a member’s card, a User ID and Password are hereinafter collectively called the “Registered Numbers”).
(3)Applicants, whom are approved to be Members, shall provide an advance deposit of five hundred thousand Japanese Yen (JPY 500,000) to HCMJ. No interest shall accrue with respect to such deposit.

7. Membership

(1) Individuals in accordance with the conditions stipulated in the Article 5, may be registered as a Member, with the provision that consent to the provisions of the Rules contained herein and the BID Rules. Additionally, prospective members must have fulfilled the procedures for application stipulated in Article 6.
(2)Membership remains conditional based on the judgment and approval of HCMJ. HCMJ is not obliged to approve applications mentioned in Article 6 and this Article 7 (1). HCMJ may refuse the application or may cancel its approval after an application has been accepted in the event that:
(a)HCMJ considers the applicant has not properly provided information requested by HCMJ
(b)HCMJ believes that false or misleading contents exist, or may exist in the information submitted by the applicant
(c)The applicant does not consent to unequivocally abide by the Rules or the BID Rules without any conditions
(d)HCMJ suspects that the applicant may directly or indirectly, illegally export a Successfully Bid Exhibit
(e)HCMJ suspects that the applicant is, or may become consistent with Article 13
(f)HCMJ believes that the applicant may breach the Rules or the BID Rules
(g)Registration has been cancelled by the Member or by HCMJ
(h)The applicant has previously been convicted of, or has demonstrated behavior with the likelihood of committing a criminal act, bankruptcy, liquidation, suspension, dishonor of a draft, attachment or auxiliary attachment or other such conduct
(i)HCMJ deems that the application for registration is ineligible for any reason

8. renewal of membership

(1)Membership will expire every year on the 31st of March, regardless of the date the membership was registered
(2)Memberships subject to expire will be examined by HCMJ in relation to HCT BID Membership qualifications
(3)Memberships successful in the appraisal process of this Article 8 (2) will be renewed for one (1) year

9.Notification of Registration Change: Members shall, without delay, inform HCMJ of any change to their address, telephone number or other information registered to HCMJ.

10.Cancellation of Membership

(1)HCMJ may cancel the membership of a Member who has not had business with HCT BID for one year or more without providing any notice
(2)Should any of the following be applicable to a Member, HCMJ retains the right to immediately cancel their membership without any prior notice
(a)If the Member has become consistent with the respective items stipulated in the second sentence of Article7(2)
(b)If the Member has committed any of the acts under Article 15
(c)If the Member has made a false declaration or registration to HCMJ
(d)If the Member has failed to pay fees, etc., or has failed to make such payments on time
(e)If the Member has directly or indirectly illegally exported a Successfully Bid Exhibit
(f)If the Member has or may become consistent with Article 13
(g)If the Member has or is in violation of the Rules
(h)If HCMJ judges the Member to be ineligible for membership for any reason
(3)If membership has been canceled in accordance to this Article 10 (2), such Members concerned shall pay the entire amount of its fees and other payment obligations to HCMJ in relation to HCT BID, incurred up to the date of cancellation, in a lump sum according to the method indicated by HCMJ. HCMJ shall not refund the deposit under the Article 6 (3) and any other fees or monies, which have been already received.

11.Membership Withdrawal

(1)Members are able to withdraw from membership anytime by following prescribed procedures
(2)Any remaining sum of deposit, under the Article 6 (3), and in case of this Article 11 (1) or under the Article 10 of the HCT BID Membership Rules, will be returned.

12.Participation to HCT BID: Should a Member cause damages to another Member or a third party in relation to its participation to HCT BID, or should a dispute arise between the Member and another Member or a third party, these matters shall be resolved by such Members concerned at its own expense and responsibility. HCMJ shall be held harmless and free from any inconvenience, damages, and all liabilities.

13.Elimination of Antisocial groups

(1) HCMJ may refuse an application, may cancel a membership, may refuse a party’s participation to HCT BID, or may cancel a successful bid in the event that:
(a)The applying person or entity is, or was an antisocial group itself or a member of such a group
(b)The legal or actual leader or representative of an entity is, or was an antisocial group itself or a member of such group
(c)The legal or actual leader or representative of the applying entity funds, or has close relationships with antisocial groups
(d)The legal or actual leader or representative of the applying entity is publicly recognized to have committed a violent or threatening crime, or has any relationship with a person or an entity being publicly recognized as having committed a violent or threatening crime
(e)The applying person or entity, by itself or through a third party, declares to HCMJ that it is, or belongs to an antisocial group
(f)The applying person or entity, by itself or through a third party, approaches HCMJ with defrauding, violent, or threatening words
(g)The applying person or entity, by itself or through a third party, harms or may harm HCMJ’s reputation or credit
(h)The applying person or entity, by itself or through a third party, interferes or may interfere with HCMJ’s operations
(2)Should the refusal or cancellation of Membership be based on this Article 13 (1), HCMJ shall not be liable for any damages of such applying person or entity incurred thereby. Conversely, such applying persons or entities shall be liable for HCMJ’s damages arising out of the acts itself

14.Intellectual Property Rights: Members acknowledge and agree that any information provided through HCT BID shall be protected by copyrights, trademark rights, patent rights and other intellectual property rights and laws. Members shall not, without the prior consent of HCMJ, use or make available to any third party such information for any reasons or means.

15.Prohibitions

Members are prohibited from committing the following acts with regards to their participation to HCT BID:

(a)Acts that violates or may violate the intellectual property rights of HCMJ or any third party
(b)Acts that violates or may violate the property or the privacy of HCMJ or any third party
(c)Acts that imposes or may impose damage or a disadvantage to HCMJ or any third party
(d)Acts that uses or makes available HCT BID for any commercial activities without the consent of HCMJ
(e)Acts that interferes with the operation of HCT BID
(f)Acts that harm the reputation of HCT BID
(g)Acts that use the Registered Numbers improperly
(h)Acts that use or provides detrimental programs, such as computer virus’ on or through HCT’s internet auction, internet tender auction or its auction site
(i)Any other acts that violates or may violate the Rules or the Other Rule, applicable laws and regulations
(j)Any other acts that HCMJ considers inappropriate

16.Registered number and Member’s card Management

(1)Members shall be responsible to manage the Registered Numbers after being provided by HCMJ.
(2)Members shall not lease, give, transfer, sell or pledge its ID and Password, registered number and/or Member’s card to a third party, or otherwise allow the use thereof by a third party.
(3)Members shall be responsible for any damages due to improper management of their ID and Password, registered number and/or Member’s card, including but not limited to the improper usage thereof or by a third party. HCMJ shall not be liable for any such damages.
(4)In the event that a Member discovers that its ID and Password, registered number and/or Member’s card have been stolen or used by a third party, such Members shall immediately notify HCMJ and follow any directions provided by HCMJ.
(5)Members are responsible for changing their Passwords periodically. HCMJ shall not be liable for any damages incurred by the failure to fulfill such obligation.

17.Suspension of Service

HCMJ may, without prior notice to Members, suspend HCT BID in the event that:

(a)Natural calamity, riot or other cause of a similar nature occurs or HCMJ believes that it may occur.
(b)HCT BID may not operate due to a “system-down” or malfunction of facilities thereof.
(c)HCMJ considers that a suspension is needed from an operational or technical perspective. In situations as such, HCMJ shall not be liable for any damages incurred by Members.

18.Deletion of Information

(1)HCMJ may, without prior notice, delete any information provided, obtained or used through the HCT BID in the event that:
(a)A Member that provided, obtained or used such information has committed any of the acts under Article 15
(b)HCMJ considers its deletion necessary for the operation or maintenance of HCT BID or for any other reason
(c)HCMJ believes its deletion is necessary
(2)HCMJ shall not be liable for any damages incurred by Members or other third parties, due to the deletion or the non-deletion, of information according to this Article 18 (1).

19.Liability: In the event that a Member is in violation the Rules or the BID Rules, or uses HCT BID improperly, the Member shall be held liable and be obligated to compensate HCMJ for all damages (including attorney fees) incurred.

20.Indemnity: HCMJ shall not be liable for any damages incurred by Members due to delays, changes, suspensions, or the termination of HCT BID.

21.Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Japan.

22.Jurisdiction: Each party irrevocably agrees that the Tokyo district court in Japan shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract, these Rules or its subject matter or formation.

23. Personal Information: HCMJ shall handle personal information of Members in accordance with HCMJ’s “Personal Information Protection Policy of HITACHI”.
https://japan.hitachi-kenki.co.jp/privacy/

24.Effective Date: The Rules contained herein shall become effective on April 1st, 2016.

25. Changes to the terms and conditions of the Rules: Certain part of the Rules was changed on June 30, 2020 and shall become effective on July 1, 2020.

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