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Terms and Conditions

This document defines the Terms of Use which are a contractual agreement between you and Drillquest Engineering GmbH ("us", "we", "Drillquest"), regarding the use of our web site Drilling Equipment Auction (http://www.drillingequipmentauction.com) as well as our services in compliance with the mentioned web site.

General Terms

Acceptance of Terms

All users of the web site and its services are required to agree to the Terms of Use. This web site is a trading platform, in which trade in general takes place in form of an auction. Each user can use the web site as provider of items they own ("Seller") or as potential purchaser ("Buyer", "Bidder") of provided items. Upon providing items inside an auction the Seller confirms that he owns the provided item and is willing to reserve for sale using this web site. Upon placing a bid the Buyer confirms that he is capable of paying the announced amount in US Dollars (USD). The opening of a new auction as well as the placing of a bid are both legally binding contracts. Drillquest has the right to remove the accounts of any user who doesn't comply with any terms mentioned in this document and the right to block these users from further usage of this web site.

By registering on this web site the you agree to the Terms of Use. In particular with the auction fees and the transaction methods used on this site. If you do not accept the all terms and conditions mentioned in this document, you are not authorized to use this site or any services in compliance with it.

Change of terms

We may extend and adjust these terms at any time without notice. Upon major changes we shall however inform our users of changes in the Terms of Use. We therefore reserve the right, to send such updates as well as further information to the email addresses provided by our users. We may add, modify and remove any of the services on this site at our discretion, at any time. Any changes in the Terms of Use are only valid when written by an employee of Drillquest. These terms were last modified on 03rd July 2009.

Registration and User Accounts

Registering

In order to be able to use the site, a registration is necessary. Only users who agree to all Terms of Use are allowed to register on this web site. Upon registration an activation is required, only users who have activated accounts may use the web site. The activation can be done by clicking on the link, provided to you by email upon registration. Accounts that have not been activated shall be deleted after a short period of time. As a registered user you are held responsible for all actions taken place with your account, including actions performed by third-party users or programs using your account.

User Id and Password

It is your own responsibility to safeguard your login details ("User Id" and "Password") for the web site. In general your User Id is the email address provided by you and your password is either a random generated sequence provided by the web site or a self chosen phrase. For your own safety we urge you to use passwords containing more than 8 characters, using lower AND upper case letters as well as numbers. We are not responsible for actions taken by third party users or programs that have in some way guessed or stolen your login details, you are however responsible for any legal binding contract that takes place, such as the placing of bids or auctions on the site.

Unregistered access

We shall make certain services, such as the viewing of auctions, available also to unregistered users. We may decide which services unregistered users may use and how they shall be limited.

Abuse of the web site and its user accounts

The web site is designed solely for the trade of drilling equipment and similar items. Depending on the form of intended false usage of the web site, Drillquest will delete or block your account, block your general access to the site or even start a court case against you. Actions particularly not welcomed are: Hacking attempts, creation of multiple accounts, creation of messages or auctions containing political, sexual, racial, advertisement or similar content and any other possible forms of abuse of the web site.

Anonymity

In general the names of Buyers as well as Sellers shall remain hidden until a purchase takes place. Drillquest shall exchange the contact details as soon as needed, even thought the trades take place using our services and also paying our fees, Drillquest remains a third-party service in the contract between Buyer and Seller. Drillquest can, but must not provide services allowing Buyer and Seller to communicate before and after the ending of an auction. Also Drillquest has the right to offer services, that allow Buyers and Sellers to rate each other on their quality. With these means it may be possible to identify a user prior to the exchange of contact details through Drillquest. Drillquest does therefore not guarantee anonymity.

Auctions

Seller's duties

Upon placing an auction a Seller must fully own the displayed item and also reserve it for the auction until the placed auction ends. The Seller may not place a second auction for the same item, until the already placed auction has ended. The Seller must organize or allow the transportation of the item as soon as requested by Drillquest. The Seller may not place bids on his own item, nor use other accounts or manipulative methods to place further bids on his items.

Cancellation of auctions

Upon creating an auction, the Seller has the possibility to cancel the auction. This possibility is however only available until a Buyer has placed a bid on the auction, at this point a legally binding contract is created between the Seller and the future winner of the auction. Upon the first placed bid the cancellation option is removed from the auction and cannot be retrieved.

Transaction details

Upon the ending of a successful auction, Drillquest shall contact the Seller and Buyer in order to organize the transaction. Drillquest will act as third-party in the deal between Seller and Buyer. The Buyer may decide if he would like to organize a transportation for the Item himself or if he wished the Seller to do so. Either way the Seller must accept the buyer's decision on the transportation of the goods. If the Buyer does not organize the transportation himself, the cost of transportation shall be added to the final auction price. The Buyer shall transfer the final auction price to Drillquest. As soon as Drillquest confirms the arrival of the payment, the Seller is obliged to send the item to the Buyer using the transportation option chosen by the buyer. Once the arrival of the item has been confirmed, Drillquest shall transfer the payed amount to the Seller, deducting the auction fee.

Payment details

The price achieved on the auction is all exclusive. Transportation, taxes, insurance and any other additional costs must be included separately to the final auction price. The auction fee of shall be deducted from any amount held back by Drillquest during the transaction. We therefore recommend the Seller to include the auction fee's percentage to the transportation and similar costs that are payed to us in advance. The auction price itself must however already includes the auction fee, which cannot be charged to the Buyer as additional cost. It is also possible for the Seller to organize the transportation directly with the Buyer, avoiding additional auction fees, the delivery address however shall only be handed out upon receiving the payment for the auction item itself. In such cases Drillquest does not hold any responsibility for whatever happens to these payments.

Failed transactions

If a transaction fails, meaning the Buyer cannot or refuses to fully pay the final auction price within 30 days of notification by Drillquest, the Buyer with the next highest bid shall be questioned if he is still interested in buying the item to the price of his highest bid. Upon refusal the Buyer with the following highest bid shall be respected. If there are no further Buyers the auction is canceled. Until cancellation the Seller is legally bound to selling the item via our services.

Auction Fees

Upon receiving the payment from the Buyer, Drillquest will deduct the auction fee of 10% of the totally received payment. It is the Seller's duty to calculate this percentage into any additional costs such as transportation before mentioning the final price (including all transportation, tax and similar fees). Auctions that end without any bids shall not be charged. Any auction ended can be relaunched. If the transaction of a successfully finished auction fails, meaning neither the auction winner nor any of the remaining Buyers who have bid on the auction pay for the item, the auction is also closed without any charges towards the Seller.

Penalties

If in any case the Seller refuses to fulfill his duties, Drillquest maintains the right to ban or remove the user from the web site or to give the Buyer the possibility to create a bad rating for the Seller.

Bidding on auctions

Buyer's duties

By placing a bid on an auction item on the web site, the Buyer confirms that he wishes to purchase the mentioned item and that he has sufficient available cash to pay for it. The Buyer is obliged to pay the full mentioned price. Additionally the Buyer must pay any further costs, such as transport fees, taxes, that occur in order to bring the item to the Buyer. The Buyer may decide if he would like to organize transportation this himself or if he would like the Seller to organize this. All purchases must be payed in US Dollars (USD).

Cancellation of bids

A bid on an auction item is considered as binding contract as long as no higher bid is placed on that particular auction. A cancellation of a placed bid is not possible.

Liability on goods

All items placed up for auction are placed by Sellers who have the possibility to make accurate descriptions. The items are for sale as they are, where they are and with all faults they have. Drillquest is not responsible for these goods and does not offer any refunds, guarantees or warranties. Any complaints on the goods must be dealt with the Seller directly.

Bidding process

Each registered user has the ability to bid on the running auctions placed by other users. Upon viewing the auction an input form for this purpose shall be displayed. A bid can only be placed if the bidding amount is higher than that of the previous bid. A bid is only considered higher if it is at least 1 USD higher than the previous bid. After the closing time of the bid is reached, no further bids shall be accepted. Drillquest is not responsible for any technical problems that could occur during your bidding process, no matter if the fault is caused by your internet connection, our site or any other kind of disturbance.

The last Buyer who placed a bid before the closing of the auction is the winning bidder and is obliged to purchase the item from the Seller. Upon winning an auction the Buyer must pay the full amount of the final price in US Dollars, plus any other agreed costs such as transportation fees, into a bank account provided by Drillquest. The payed amount shall be held there until the purchased item has arrived at the Buyers destination. Upon arrival of the goods the amount shall be transferred to the Seller, deducting the auction fees.

Failed delivery of the goods

If after the payment of the Buyer the transaction of the item won in the auction does not take place and the Seller cannot prove that the item has arrived at the Buyer's destination, then the auction is considered failed. In this case the amount payed by the Buyer to Drillquest shall be refunded, with a deduction of the bank fees as well as a small fee from Drillquest for the Service provided.

Refund Fees

Drillquest reserves the right to claim up to 2% of the payed amount as service costs on failed auctions, where the goods weren't delivered. The remaining amount shall be transferred back to the bidder's bank account. Drillquest can provide the Buyer the possibility to gibe the Seller a bad rating and has the option to ban the Seller from the site.

Penalties for Buyer's

A Buyer who refuses to pay for his purchases or attempts to bid on his own auctions using a second account can be banned from the site. At all times Drillquest has the right to allow Seller's to create ratings on the Buyer.

Special Exceptions

Reserves

The term Reserve describes a minimum price a Seller sets on an auction item. This price shall not be shown on the Site, interested users may only see if the Reserve price still lower than the current bid or not. A Reserve allows the Seller to start his auction on a low price without the risk of selling it to a price lower than the Reserve. If an auction ends with a current bid amount lower than the Reserve, the Seller may decide if he wants to sell his item or not. If however the last bid is higher or equal to the Reserve, the auction becomes a binding sales contract, just like any auction that has not had a Reserve set.

BuyNow Prices

A BuyNow price refers to a price that allows an immediate sale of the auction item. If a bid is placed equal or higher than the BuyNow price the auction is automatically ended at the BuyNow price (even if the last bid was higher). While a Reserve refers to a minimal price for the auction to end on, the BuyNow price refers to a maximal price.

Covenant of users

Qualities of Seller's items

All sold items come as they are, where they are and with all faults they have. No guarantees, warranties are included. It is the buyer's obligation to inspect the items on quality and faults. Neither Drillquest nor the Seller are responsible for an error or damage that occurs on usage of the items. If the Buyer is not happy with the purchased item, Drillquest can provide the Seller's contact details. Drillquest will not take part in any court cases and holds absolutely no responsibility on any item.

Labeling of the Items

The Seller must provide a description as accurate as possible on the items he sells. He is expected to insert model and serial numbers, as well as manufacturer names in all cases possible. It is also expected, that the Seller includes at least one picture of the item. The Seller warrants that his information is correct.

User's data

Each user, meaning Seller, Buyer or just inactive registered user, is responsible to deliver us correct contact information. It is also your responsibility to keep this information up to date. Drillquest is not responsible for any problems occurring from false or outdated information. Upon suspicion of false data, Drillquest can delete your account without notification.
Your data may infringe any copyright, patents, trademarks, trade secrets or any other proprietary or contract rights or rights of publicity or privacy.
Your data may not violate any law, statute, ordinance or regulation.
Drillquest will not tolerate any form of bad behavior by usage of your data, auctions, ratings or any other possibility on the site. Examples of bad behavior include: Advertisement, sexual harassment or content, racial discrimination, political information or propaganda, hatred, unfair competition, hacking attempts, exchange of contact information prior to auction end, insertion of hyperlinks, distribution of harmful code (malware, viruses, trojan horses, rootkits etc.) and any other unwanted form of misuse.
You may in no way use the web site to sell counterfeit or stolen goods.
You may not share your login details (user and password) with other people, it is also your responsibility that your login details cannot be stolen or guessed by third parties. Any action taken by your account is upon your liability.
Drillquest has the right to monitor any information added by you to our website (including personal data, ratings, auction details and pictures or any other form of communication on the site) and may alter or remove any data that does not comply with our regulations. Drillquest may use your data for it's own marketing purposes, such as our newsletter and other email related services.

Liability on technical faults

Drillquest is putting its best efforts in creating and maintaining a secure and stable plattform for Drilling Equipment Auction. Just as any other site on the internet, we can however not guarantee 100% safety and stability. We are therefor not liable for any technical faults, especially for loss of data, data inconsistancy, technical problems due to programming errors, server down times. We are also not liable for problems due to manipulation attempts from third-parties, especially data loss or manipulation after hacking attempts, data theft through any form of intrusion, damage caused by viruses, trojan horses, rootkits, keyloggers or any other kind of malware injected to our site by third parties or any other unwanted effects. In any case of data loss we shall put our best effort into restoring the data (up to our last backup) and the removal of the problem.

Third party disclaimer

This web site may contain links and pointers to other web sites by third parties. Drillquest is in no way responsible for the content of these web sites and cannot control any changes on these sites. Third party links are solely for informal purposes and do not reflect any views of Drillquest. Drillquest cannot guarantee the authenticity of any of these web sites and cannot guarantee that these sites are safe to use. Hyperlinks are to used at your own risk.

This web site opens possibilities to users to write content on it, Drillquest cannot guarantee that this content is always correct, but shall monitor any posted data reported and remove any content that seems inappropriate.

Copyrights

This web site is copyright protected whereas Drillquest has the right to fully use it for it's purposes. You agree not to remove or copy any copyright, trademark or intellectual property from this site. You are granted a limited license to use this site as long as you agree and act on behalf of the Terms of Use. You agree that you will not republish, reproduce or distribute any of the information or services found on this web site.



Hünenberg, Switzerland, 03rd July 2009





















































































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