TERMS AND CONDITIONS
ANYONE EITHER REGISTERING TO BID OR PLACING A BID (“BIDDER”) ACCEPTS THESE CONDITIONS OF RENT AND ENTERS INTO A LEGALLY, BINDING, ENFORCEABLE AGREEMENT WITH XAMLE ONLINE SERVICES PRIVATE LIMITED (“XAMLE”)” TOGETHER WITH BIDDER, THE (“PARTIES”).
- Bidder shall mean the original Bidder of the property offered for rent by Xamle and not any subsequent representative of Bidder or other person who may acquire or have acquired an interest therein.
- Bidder agrees to pay a non-refundable bidding registration fees of INR 200/-or as may be decided from time to time based on the product, to the Company, before they participate for Bidding.
- Bidder shall only be able to Bid only upon creation/sign up of his account and at the payment of Bidding Fees. For multiple bids, Bidder can bid with same account, however the fees shall be, as per section 2 of this Terms and Conditions to be applicable for each product offered for rent through bidding process.
- Bidder agrees that, upon confirmation of Bid, he shall not transfer, assign, or otherwise convey his/her rights herein, and such purported transfer, assignment, or conveyance shall be null and void.
- Bids will not be accepted from minor persons under eighteen (18) years of age. Bidder shall be 18 Years and above, if found otherwise during our evaluation process, the bidder’s bid shall be cancelled and the deposit shall not be returned. The next successful bidder will be chosen as the winner. If an entity places a bid, then entity should be authorized by way of corporate resolutions to participate in the bid.
- Upon confirmation of the Bid, Bidder personally upfront and unconditionally guarantees the entire payment and agrees with the following terms:
- To make a payment towards refundable security deposit which is three times the winning bid price;
- To submit original Proof of Address (POA) and Proof of Identify (POI), and other documents as deemed necessary by Xamle Bid Manager before procuring the Bid Material for rent. To provide a cheque of an amount of Rs. 200000.00 in the name of XAMLE ONLINE SERVICES PRIVATE LIMITED” and the same shall be returned upon return of Bid Pro In the event, if Bidder did not return the Bid Property or damages the bid property, security deposit will be forfeited and cheque will be liquidated;
- To allow Xamle for the verification and check the authenticy of address of the Bidder, Xample Bid manager will do a due diligence before handing our the bid material to the successful bidder;
- Bidder agrees and understand that Xamle.in is only a platform, where the asset owners can rent/lease their assets to the Bidder. Xamle list the product on its site “as is, where is.”, basis. Xamle make no representations or warranties with respect to the items in our auctions.
- Bidder agrees that the entire Bid process is online and technology driven, technology shall choose the highest bidder automatically and the highest bidder will be only eligible to take the bid product on rent for a specified time.
- Bidder agrees that, it shall use the bid property, as if he would have used his/her own property and upon completion of rental period, he/she will return bid property to the actual owner/Xamle as decided by Xamle Bid Manager in good condition. In the event of damage or loss of bid property, the property owner/Xamle shall have all legal rights to recover its money from Bidder.
- Non-Internet bids (including but not limited to in-person, facsimile, phone and mail bids) are not allowed to participate in the bids. Bid can be make only on the platform provide by Xamle i.e., xamle.in.
- Xamle shall have exclusive rights to determine the successful Bidder, cancel ,postpone or re-start the Bid. Xamle shall not be liable to any Bidder in the event of such withdrawal or postponement under any circumstances. Further Successful bidding results shall be published on the website along with notifications via email and SMS to the successful bidder.
- Xamle shall reserve the right, in its sole discretion, to correct any errors or omissions in any portion of the Online Bidding service and to make any changes to the features, functionality or content of the Online Bidding service at any time.
- Bidder agrees to make the entire rental payment to Xamle within 1 business day from the completion of bidding hours on the day winner is announced and in the event that a Bidder’s payment is dishonoured/failed, Xamle shall have a right to withdraw or make second next higher bidder as the winner the bid and also have right to take legal actions against such defaulting Bidder.
- Xamle shall endeavour to deliver the bid product at bidder place after proper due diligence and his/her rental period will start only upon delivery of product.
- Bidder agrees that, upon the expiry of rental period, Bidder shall dispatch the product in good condition to the actual owner/Xamle of the property as agreed with Xamle Bid Manager
- Xamle does not provide any warranties to Bidders, whether expressed or implied, beyond those expressly provided in these Terms and Conditions. By way of illustrations, Xamle does not make any representation or warranty, expressed or implied, condition of the bid property, correctness of description, origin, measurement, quality, rarity, importance, exhibition, relevance, attribution, source, provenance, date, authorship, condition, culture, genuineness, value, or period of the property.
- In the event that Xamle after announcing the Bid, is prevented for any reason from delivering any property to Bidder, the liability, if any, of Xamle, shall be limited to, and shall not exceed, the amount actually paid for the property by Bidder. In no event shall Xamle will be liable for incidental, special, indirect, exemplary or consequential damages of any kind, including but not limited to loss of profits, harassments of all kinds, value of investment or opportunity cost.
- If any section of these Terms and Conditions or any term or provision of any section is held to be invalid, void, or unenforceable by any court of competent jurisdiction, the remaining sections or terms and provisions of a section shall continue in full force and effect without being impaired or invalidated in any way.
- The Parties agree that any agreements between the Parties including but not limited to these Conditions of Sale are entered into in Hyderabad, India, no matter where Bidder is situated and no matter by what means or where Bidder was informed of the Auction and regardless of whether Bid Property, or other communications were received by Bidder in another location.
- Any disputes relating to the validity, interpretation, construction, performance and enforcement of this Terms and Conditions (“Dispute”) shall be referred to arbitration. Such arbitration shall be governed by provisions of the Arbitration and Conciliation Act, 1996, as may be amended from time to time or its re-enactment and the proceedings shall be held in Hyderabad, Telangana. The Dispute shall be referred to a sole arbitrator, selected by mutual agreement of the parties.
- The bid asset will be dispatch only in states of Telengana and Andra Pradesh. The POA to be provided has to be from either Telengana or Andra Pradesh.