TERMS AND CONDITION

Welcome to the Auction Portal www.escrapalia.com. The present document is providing the General Conditions of Use of the website published at URL www.escrapalia.com property of SURUS INVERSA SLU. , as well as regulating the General Conditions of Contract offered by SURUS INVERSA SLU. in accordance with the provisions of Law 34/2002 of 11th July covering E-commerce and Information Society Service.

The service provider is the Spanish company SURUS INVERSA SLU., Company Tax Code (NIF) B86058567 which is inscribed in the Madrid Commercial Registry in volume 28465, sheet 1, 8th section, page number M-512492.

By accessing the services provided by this auction portal, registering or participating in sales events, regardless of your present location, it is implied:

1. That you have read these Terms and Conditions.
2. That you understood these Terms and Conditions.
3. That you are bound by this Terms and Conditions in the use of the services provided by the auction portal www.escrapalia.com.

SURUS reserves the right, at any time, to modify, alter or update these General Terms. The user will be deemed to have accepted the new Terms and Conditions by continuing to use the Website after it has been modified.

This Terms and Conditions, along with any supplemental or specific Terms and Conditions which may be referenced within the lot description of a particular lot or lots being offered for sale, comprise the entire agreement between you and SURUS INVERSA, SLU.

The present General Conditions of Contract regulate the participation, through our website, www.escrapalia.com of Users, products and services offered through this website.

The present General Conditions of Contract, along with any supplemental Terms and Conditions, will regulate the relationship between SURUS INVERSA SLU. and the Users.

This General Conditions have been drawn up in accordance with the provisions of Law 34/2002 covering E-commerce and Information Society Services, Law 59/2003 of 19th December covering e-signatures, Royal Legislative Decree 1/2007, dated 16th November, that approves the revised text of the General Act for the Defense of Consumers and Users, and other complementary laws, Royal Decree 1906/1999, of 17 December, which regulates telephonic or electronic contracting with general conditions developing from article 5.3 of Law 7/1998, the General Law 26/1984 concerning the Defense of Consumers and Users, Law 7/1996 relating to the Organization of Retail Trade and such legal dispositions resulting from its application.

Browsing and using the services of the website implies the acceptance as a User without any reservation whatsoever, of all the General Conditions of Contract, the website's General Conditions of Use as well as any others conditions that may exist in relation to the provision of services.

SURUS INVERSA, SLU. informs that the procedures to carry out the purchase of assets offered are those described in these conditions and those that are indicated on the screen and the User declaring that he/she is aware of and accepts these procedures as being necessary for the provision of the corresponding products and services.

Any amendment and/or correction of the data provided by the Users during browsing will be made according to the instructions included in the Website.

Our entity is a member of Confianza Online (non-profit association), registered in the National Registry of Associations Group 1, Section 1, national number 594400, CIF G85804011, Carrera de San Jerónimo, 18, 4º 1, 28014 Madrid (Spain). For more information: www.confianzaonline.es.

These general conditions are ruled by the Spanish Law. Likewise, in compliance with the provisions of the Law on Alternative Dispute Resolution, we inform consumers that, as an adhered entity and in the terms of the Code of Conduct, users may go to Confianza Online for the alternative resolution of eventual controversies (https://www.confianzaonline.es/como-reclamar/formulario-de-reclamaciones/). If these refer to electronic transactions with consumers, or data protection when they are related to this area, the claims will be resolved by the Confidence Online Mediation Committee, accredited for the alternative resolution of consumer disputes. If the claims deal with digital advertising, or data protection related to this area, they will be submitted to the AUTOCONTROL Advertising Jury. We also remind you that you can access the European Union's online dispute resolution platform by following this link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.

1. SURUS INVERSA SLU. is the company established to administer the sale of useable surplus and scrap material on their own behalf or on behalf of other individuals or organizations who sell their own property. Throughout these Terms and Conditions, SURUS INVERSA, SLU. is also called ESCRAPALIA.
2. The website www.escrapalia.com is an auction web portal property of SURUS INVERSA SLU. where auctions will be published and on-line auctions of useable, surplus and scrap material will be carried out.
3. The terms "you" and "your", unless specifically indicated otherwise, refers to users, either a Seller or someone attempting purchase property listed on www.escrapalia.com. Sellers and Buyers, along with any other person who uses or attempts to use the website, www.escrapalia.com, are "users". The terms "we", "us", "Company", "ESCRAPALIA" refer to SURUS INVERSA, SLU. References to the singular include the plural and vice versa. References to the masculine include the feminine and vice versa.
4. A "Term Contract" is an Agreement between ESCRAPALIA and a user. Term Contracts are governed by terms and conditions in the present general conditions and the specific conditions applied in some auctions.
5. "Useable" property is property sold for its originally intended purpose, or a reasonable alternative purpose, which may require substantial repair, refurbishment or replacement of parts or components, or modification, but is nonetheless sold for some purpose other than the value of its material.
6. "Scrap" material is property sold for its material content value, and for which it is not intended that the property or any of its parts or components be used for its originally intended purpose. Most scrap material is sold by weight; however, some scrap material is sold by unit. In some cases, mutilation of scrap material may be required before collection.

1. In order to participate in sales events and gain access to ESCRAPALIA services, you must register for an account on the website: www.escrapalia.com. By doing so, you agree to be bound by the terms and conditions of the User Agreement. In order to participate, you must:
1. Be above legal age and able to be legally bonded by this agreement.
2. Agree to these Terms and Conditions, and thus, the Agreement by clicking on the appropriate button provided at the bottom of these Terms and Conditions.
3. Agree that there are no contingencies to these sales other than those stated by us in the Terms and Conditions or in the lot description at the time of sale.
4. Agree to pay for any bids placed using your website username and password.
5. Agree to remove the property from the facility where it is located within the required time frame.
6. Be free from any previous financial obligations owed to us.
7. Be a person or business entity, with a verifiable address, telephone number and email address.
8. Agree to deal with us in good faith, and not attempt to defraud, cheat or wrong current legislation
9. Agree to abide by any existing security regulations at any facility from which you purchase property or at which you wish to inspect property prior to placing a bid.
10. Agree that by waiving the opportunity to physically inspect the property prior to bidding, you are limiting your rights under this Agreement. We strongly encourage you to inspect property or contact us if you have any concerns or questions about the property's condition, operability, fitness for a particular purpose or merchantability.
11. To participate in limited auctions (those that require a deposit), it will be essential to pay the deposit indicated in the lot (by credit card or transfer) prior to participation, the subsequent return of which the participant may request through Escrapalia.
12. Non-refundable single payment for participation in limited auctions

    • 12.1. Definition and purpose

      In certain auction events, especially those classified as limited auctions, Escrapalia may require interested users to make a non-refundable single payment as a prerequisite for enabling their participation through bids.

      This payment is a participation fee and does not constitute a deposit or imply in any way the award of lots, the creation of any rights over them, or the refund of the amount, regardless of the user's activity or result in the auction.

    • 12.2. Conditions of application

      The single payment will only be required in events that expressly indicate this in their description.

      The amount will be visible before payment is made and must be accepted by ticking the mandatory checkbox during the process.

      Payment will be made exclusively by credit or debit card through the Redsys payment gateway.

      Once the payment has been completed and confirmed, the user will be able to access the bidding process for the corresponding event.

    • 12.3. Non-refundable nature

      The amount paid will not be refunded under any circumstances, except in cases of technical error attributable to Escrapalia or its payment gateway, duly justified and reviewed.

      The effective non-participation of the user (due to not bidding, bidding unsuccessfully, or errors on their part) does not imply a refund.

      This condition is an integral part of the electronic contract for the service and must be expressly accepted before completing the payment.

    • 12.4. Justification of the model

      The purpose of this model is to ensure the seriousness of participants, limit speculative bids, and cover the costs of preparing, managing, and publishing the event.

    • 12.5. Applicable legislation

      This system is protected by the framework of electronic commerce and distance contracting, in accordance with the provisions of Law 34/2002 (LSSI) and the regulations on consumers and users (Legislative Royal Decree 1/2007), without prejudice to the provisions of the regulations applicable to official auctions by public entities.

2. Before selling property or placing a bid on property offered on www.escrapalia.com, you must establish an account with us. Establishing an account is free, but requires you to submit personal information, which we will verify before allowing you to place bids. We do not share personal information provided by you with third parties, except under very limited circumstances, when the user will be informed prior to the cession. For more information about our privacy policy, please here. Your User account and password are personal to you and cannot be transferred. The password must contain at least 8 characters, including a capital letter, a number, and a non-alphanumeric element. The user is responsible of protecting their confidentiality, diligent use and integrity. The user is the sole responsible of user account/password choice, loss, theft or unauthorized use and any consequences that may result from it.
3. We require you to provide us with an accurate mailing address, telephone number, and email address, so that we can communicate with you regarding your account, purchases and payments. We may request additional personal information from you in order to verify your identity and to protect you and to protect us from false bids, identity theft, and to ensure that government items are not sold to people who have been prohibited to do so. Your agreement to these terms and conditions constitutes express consent to the verification of your identity.
4. If you are registering as a business entity, you must have the authority to bind the entity to these Terms and Conditions. A limit of one registration per business or individual will be enforced. Duplicate registrations will be de-activated.
5. We reserve the right to refuse any user access to our sales events.
6. Escrapalia reserves its right to accept or refuse any application for registration from our website www.escrapalia.com.
7. Users are bounded to complete any transaction under their account with their user name and password, regardless of whether they are authorized by them or not.

Users who use www.escrapalia.com to sell assets or merchandise agree that:

1. Sellers shall submit all information available about assets or merchandise in order to be sold through our auction portal. All relevant information regarding the merchandise that will be necessary to sell must be posted in its respective lot (e.g. description, price, quantity, lot size, shipping information, etc.). The information may be reviewed to ensure its veracity, consistency and accuracy and posted in its respective lot upon agreement of our Sales Team in order to maximize your returns. Prior to any auction activation, the Seller must have signed an Asset Sales Agreement plus an appendix for each inventory of assets provided to Escrapalia for sale.
2. The information included in those assets for sale that contain the guarantee seal "Escrapalia quality" has been verified by ESCRAPALIA; Those assets that lack the indicated guarantee seal, the information included has been provided directly by the sellers, and since it has not been verified by ESCRAPALIA, the sellers themselves will be responsible for their content and accuracy. Notwithstanding the foregoing, and having the purchasers the possibility of personally examining the traded assets, it is recommended that they make use of this power, in order to directly verify the content of said information. Sellers who provide information to Escrapalia regarding property for sale in Escrapalia, guarantee that they are the true owners of the assets described or that they act on behalf of and with the authorization of the true legal owner of said assets. The sellers agree that Escrapalia may take any action it deems to review, edit or delete any information regarding the assets provided by the seller for sale. Assets must be available for collection 3-5 business days after sale close. Those that are not available within this period may incur additional costs and damages at the seller's expense.
3. Sellers agree that they will not sell any illegal or restricted assets of any kind through Escrapalia. Escrapalia reserves the right to reject, in its sole discretion, the sale of products that deems to be unlawful, restricted or hazardous. Restricted assets are those that require a special license or permit by a governmental agency or authority in order to sell. The Seller exonerates Escrapalia of any liability derived from the failure to fulfill the present clause.
4. Seller warrants and agrees that, upon completion of an auction and once the asset is sold to any Buyer who satisfies the requirements of the auction, it is irrevocably offering to sell the listed assets, once terms of payment and asset removal are satisfied. Failure of a Seller to complete the sale of an asset because of non-delivery or misrepresentation of the merchandise could result in damages payable to Escrapalia. Furthermore, Seller agrees to pay for additional costs related to asset merchantability or any other incurred costs attributable to the asset lot, including compensations for damages that could be derived from it.
5. Seller warrants that it has good and marketable title to the offered assets listed through Escrapalia. That assets are free and clear of any lien from a third party and that no listed asset infringes or violates any right for the sale, intellectual property, copyright, trademark, trade secret or any third party's ownership right.
6. During the period that the Seller has listed assets for sale with Escrapalia, and until the auction is terminated, the Seller has granted Escrapalia an exclusive right to sell the specified products. If Seller sold the asset after signing the Asset Sales Agreement and before the auction is consummated, this will result in a commission paid to Escrapalia as per agreement conditions.
7. The act of bidding on your own property, either directly or indirectly, in an effort to artificially raise the price at which your property will eventually sell, is forbidden. This will result in cancellation of auction and payment of related expenses as well as damages caused to Escrapalia.
8. Upon the closing of a transaction, Sellers agree to pay Escrapalia an agreed transaction fee for the marketing of their assets, integrated services and identification of qualified Buyers. The amount of this fee will vary based on the size and product type of the transaction and shall be communicated to and agreed by the Seller prior to listing the merchandise and will be contained in the Asset Sales Agreement.
9. Buyer's fee. Escrapalia reserves the right to collect and retain a Buyer's fee from its customers in order to cover costs specific to any auction.
10. All fees shall be paid in Euros and are deducted from the proceeds of the sales. Other eventual debts related to services apart from merchantability and sales are due within 10 business days of invoice.
11. Escrapalia does not provide any guarantees that Buyers will pay Sellers on their agreed payment conditions.

1. Users who use the auction portal www.escrapalia.com to bid on and purchase Listed assets of any kind ("Buyer" or "Buyers") deliberately accept that:
1. Buyer, by bidding on any property, is demonstrating Buyer's financial capability to purchase the property. Upon the placing of a bid, the Buyer may not retract, amend or modify their bid in any case.
2. At the close of an auction in which Buyer has a winning bid, Buyer agrees to make payment within 7 business days for the total amount of the transaction, any other additional costs and all taxes due if applicable, using payment methods provided by Escrapalia. If Escrapalia does not receive payment within the period mentioned above, Buyer will be considered in default of bidding contract and will be responsible for liquidated damages as established in clause 8 point 5 of the present Terms and Conditions.
3. Escrapalia reserves the right to cancel an account and forbid bidding to those buyers who breach these Terms and Conditions.
2. RESTRICTIONS
1. The Buyer acknowledges and agrees that certain goods listed on Escrapalia's website may be subject to the export control laws and regulations of Spain, the United States, or any other country. The Buyer agrees to comply with all applicable export laws and regulations.
2. Certain goods listed on Escrapalia's website come from the United States and you might not be able to export or purchase them without prior U.S. Government authorization.
3. We do not sell military property to persons or business from the countries that are prohibited from receiving transfers of military equipment or technology. Buyers are advised that purchasing from us and then reselling to these countries is prohibited and the will be held responsible in case they fail to comply with applicable regulations.
4. If you purchase property that will be exported outside of Spain, you might need to obtain proper export licenses. The Buyer will be responsible of obtaining any required export licenses or permits.
5. END USE CERTIFICATE (EUC). Certain goods come from the United States (Demil B or Q) and require an EUC approved by the U.S. Departments of State. When an EUC is required to complete the transaction, no property will be released or removed until EUC is filed and its authenticity and validity is duly verified. At the close of an auction in which Buyer has a winning bid, Buyer will have 7 business days from the sale closing date to submit a completed EUC (DLA Form-1822). If Buyer fails to comply with this condition, the auction will be voided and Buyer will be charged with liquidated damages.
6. If an EUC is required, Buyer will be informed. Escrapalia does not control the amount of time required for obtaining the EUC and the Buyer will be responsible of applying for and filing the EUC before the release of the property.
3. THE PROPERTY
1. The information and descriptions found in the advertising materials for specific sales are deemed as reliable but not guaranteed. We neither assume responsibility nor make any warranty regarding the sale's contents. It is the Buyer's responsibility to verify an item's information, including but not limited to product condition, estimated weight, count, measure or other factors that determine the bid price.
2. The placement of a bid on the property constitutes acceptance of the property "AS IS" and "WHERE IS". By purchase of the property, you will be deemed to have examined, or had the opportunity to examine, the property and agreed that the conditions and characteristics of the property fit for the particular purpose you require. We disclaim all warranties, express and implied, with respect to the property, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, or that the property is free from latent defects.
3. Certain items offered for sale as "scrap" require mutilation or demilitarization as a condition of sale. These items must be totally destroyed prior to re-sale and must be rendered useless beyond the possibility of restoration. Certain items offered require mutilation, demilitarization or destruction following Escrapalia's regulations or any other regulations required by a competent authority in order to transfer the property. The Buyer agrees to allow Escrapalia and/or Seller personnel access to your facility to witness such mutilation as is required. Escrapalia or any person or institution authorized by Escrapalia shall determine whether or not mutilation has been accomplished in accordance with these Terms and Conditions.
4. Bidding on scrap items is based on a lot price. However, when the lot is advertised with a weight quantity, the actual amount due will be determined based on the actual weight removed multiplied by agreed price per unit of measure. This price per unit of measure (kilo or ton) will be calculated by taking the total price of the winning bid divided by the estimated weight of the lot.
5. Certain items or elements as pallets, spools, drums, etc. may be included in total weight unless it is specified in lot description. No allowance or removal of these items will be permitted in calculating the total weight of the lot purchased.
6. When our representative is unavailable to weigh out your truck, weight tickets from a licensed or certified public scale will be required. Failure to provide weight tickets will result in pricing at 3 times the maximum legal load capacity of the container or vehicle used to remove the property. Falsification of weight tickets will result in your immediate banning from future bidding, and referral to appropriate law enforcement authorities.
7. The Buyer agrees that it will not purchase any property sold by Escrapalia for military use. The Buyer agrees that the items will not be resold or exported for military use.
8. Certain property may have components, parts, or ingredients that may be corrosive, reactive, and ignitable or exhibit other hazardous or toxic properties. The Buyer is responsible to use, handle and ultimately dispose of any hazardous property according to all applicable laws and regulations in a manner safe for the public and the environment.
9. Certain property may contain residual chemicals, friable asbestos, petroleum products and ozone depleting substances or other hazards. The Buyer acknowledges and agrees that Escrapalia is not responsible for providing documentation or certification regarding the identification or status of these substances.

1. Unless property is being sold with a requirement like demilitarization, mutilation, destruction, etc. title will transfer to you upon removal of the entire lot from the appropriate facilities. Property that is paid for, but not removed within a timely manner, as defined by the removal instructions provided, will be considered abandoned, and Escrapalia will resell the property. Escrapalia will retain paid price as liquidated damages paid by the Buyer for property that is abandoned for failure to remove in a timely manner.
2. Title to property that requires demilitarization or destruction as a condition of sale will not pass to the Buyer until the demilitarization or destructive scrapping has been completed and evidence of completion has been provided to Escrapalia and the destroyed property has been removed from its location by the Buyer.
3. Under no circumstances will title to any property pass to the Buyer until payment in full has been made to Escrapalia and the destroyed property has been removed from its location by the Buyer.

1. Upon completion of the auction, Escrapalia will issue an Order of Payment for the full amount of the winning bid, plus any cost derived from the asset (if any), plus buyer's fee and all taxes applicable by current regulations.
2. Upon completion of the auction, the winning buyer must make the payment within 72 business hours though any method stated by Escrapalia. The date of issue of the Order of Payment will not be included in the mentioned period.
3. Winning bid prices will not be adjusted after award due to an error in bidding or any other discrepancy regarding description, estimated weight, count, measure or other factors that may influence the final bid price of a lot.
4. Escrapalia charges a sales fee or buyer’s premium that varies between a 0% and a 10% of the final bid amount on all purchases. Buyer's fee are standard in the auction industry, and should be factored into your bidding strategy. This fee is specified in each lot.
5. If the winner of the lot fails to fulfill the conditions and terms of payment of a lot, he/she will need to pay a daily penalty. Penalties are defined in the following table:
   

   Price of the lot	Failure to fulfill	Delay in payment (*)
   1€ to 2.000€	400€	10
   2.001€ to 8.000€	1.200€	25€
   8.001€ to 20.000€	2.000€	50€
   20.001€ to 40.000€	3.000€	100€
   40.001€ to 80.000€	4.000€	250€
   More than 80.000€	5.000€	250€

   (*) This shows the amount per day of delay in payment.

6. If a user fails to fulfill his obligations as winner, Escrapalia reserves the right to unsubscribe the user to not participate in the auctions in order to protect the other users.
7. SURUS INVERSA reserves the right to include the user in the ASNEF slow payers file until the fulfillment of its obligation to pay the lots acquired in Escrapalia as well as the associated penalty for non-compliance with payment or collection.
8. After the period of 72 hours of delay in the payment of the lot by the Buyer, SURUS INVERSA –without any requirement- will proceed to claim the penalty cost, without prejudice of awarding the lot to the next bidder or bidders and/or setting a new auction, at their discretion.
9. If the winner of a lot did not meet his obligation in the payment in the established time of 72 hours, he will be blocked in Escrapalia so that he cannot bid again and said lot will be offered to the second best bidder provided that he has exceeded the reserve price. If the second bidder waives the award of the lot within 24 hours, it will be offered to the rest of the bidders who have exceeded the reserve price by giving them 48 hours to answer. In this case, the first of these users to accept the lot will be the new winner.
10. In the event that the Buyer has not collected the asset after the established period of time, SURUS INVERSA reserves the right to award the asset to another buyer and/or set a new auction, considering that the first Buyer has desisted their purchase. SURUS INVERSA will not give the payment back to the Buyer in order to cover the penalties for breaking to fulfill and delay, as well as the fee and the costs related to the repetition of the auction.
11. Escrapalia reserves the right to require a deposit of money before or during the bidding of certain lots, in order to guarantee the participation of users and/or to avoid fraudulent or speculative behaviour. The deposit must be paid before any bid is placed and may be paid using the payment methods provided for this purpose. The deposits of the winning bidders will not be returned until the correct removal and execution of the project has been completed and, where applicable, (i) a certificate or accrediting documentation has been issued by whoever is responsible, regarding the fact that no damage or harm has been caused to personnel, machinery or the installation where they were located and (2) all the environmental or legally required documentation (where applicable) has been handed over. Once the entire process has been completed and, where appropriate, adjustments have been made to the material removed, the deposit will be returned in full.
    The deposits of non-winning bidders will be returned within 5 working days of the user's request in the ‘deposit management’ section of their profile. The refund will be made by the same system by which the deposit was made. Deposits not returned may be reallocated to another auction or project, always with the user's prior request or authorisation.
12. SURUS shall not be obliged to return the deposit in those cases in which the user has contracted a debt with SURUS as a consequence of his participation in any other auction. In such cases, SURUS shall be entitled to retain the amount of the deposit or, where applicable, to use it to offset the possible debt owed to the user.
13. If there is a proxy in a lot with a reserve price and this proxy does not exceed it, the amount of the proxy will be sent to the seller client and not the maximum bid that could have been reached in the auction. The client will make the decision to award or not the lot for the amount of the proxy.
14. In the event that a proxy exceeds the reserve price of a lot, the lot will be awarded to the user who has bid through that proxy for the exact reserve price, not having to reach the maximum amount of the proxy.
15. FORMS OF PAYMENT. Acceptable forms of payment include bank transfer, bank deposit or credit card.
16. You must make payment in full within 72 business hours from the moment that the awarded lot auction has finished.
17. If you choose to pay through bank transfer, the concept of the transfer must contain the number of the Order of Payment.
18. All payments must come from the registrant. We will not accept third party payments for any reason.
19. TAXES. VAT tax will be applied if applicable on final sale price along with any other tax or fee applicable according to current regulations. It is the Buyer's responsibility to provide the required documentation to claim an exemption of indirect taxes. Submission of all appropriate tax exemption forms must be received by us before scheduled closing date and time of the auction. We are not obligated to refund sales tax due to late submission of sales tax exemption documentation.
20. Once the payment obligations detailed in the previous points have been fulfilled, Escrapalia will formalise the purchase and sale by issuing the final invoice. The invoice can be requested to be sent to you in electronic format with the user's written consent or in paper format to contabilidad@surusin.com and you will receive it free of charge. To download your invoices you can go to the Escrapalia user area: https://www.escrapalia.com/en/profile-invoices/paid
21. The owner of the invoice will be the winner user, physical or legal person that has filled the registry form.

1. The Buyer will remove the property from the facilities where it is placed within the mentioned period established by the sale conditions.
2. Buyer is responsible for rigging, loading, securing and transporting purchased property, including all costs and risks associated with removal. Buyer agrees to release, hold us harmless and waive any and all claims of any kind or nature. Please note that Escrapalia does not package items prior to pickup.
3. Escrapalia will indicate where the property must be loaded by the Buyer. Buyer must provide all material handling equipment and properly trained and certified operators to operate said equipment. Buyer must have adequate general liability insurance to carry out the handling and transporting of property and comply with any safety requirement within the specific facilities, environmental and safety and hygiene at the workplace regulations while handling the equipment at the facilities.
4. In the case of disposal of recoverable material (non-hazardous waste), mainly metals, the buyer shall be responsible for the entire quantity to be removed from the project. The quantities shown in the auction are calculated by approximation/estimate, although the customer can check the material at any time by visiting the auction site beforehand. In this case, the quantity of material may vary upwards or downwards, making a proportional adjustment to the result obtained at auction. The buyer will not be able to withdraw material without having previously paid the corresponding amounts.
   The deposit/guarantee deposit may not be used as part of the payment of the material, nor to compensate or cover the final price of said withdrawal, being formalised in a separate payment.
   In the event of not proceeding with the complete withdrawal of the purchased material, SURUS INVERSA is authorised to retain all or part of the deposit paid by the purchaser and charge it to compensate for the costs of the auction, penalties, the cost of withdrawal and/or the damages caused.
5. Unless stated otherwise, lots may include dunnage (cartons, pallets, shrink-wrap, bands, crates, etc.), and Buyer must remove the entire lot.
6. Buyer is responsible for any damages to property, including spills or releases of hazardous substances, which might occur during the removal process. Buyer or its representative must clean up any releases or repair any damages. Failure to do so may result in your being banned from future participation in Escrapalia sales.
7. Either the Buyer or their agent will be required to sign for all material in the presence of an Escrapalia representative prior to removing property.
8. The Buyer is responsible for property count and verification of lots purchased at the time of removal. If the property is not acceptable for any reason, do not handle or remove it.
9. A schedule for removal of property will be established for each sale. If for any reason removal cannot be completed within the time period, it is your responsibility to arrange for an extension of time. Escrapalia is not responsible for property that is not removed within the time allotted. If property is not removed within the specified removal or extended period, you will have abandoned all right in the property including the purchase price of the property. Escrapalia is not required to send abandonment or late removal letters to you prior to exercising this right.
10. It is mandatory to pick up the material on the date and time indicated both in the auction and in this collection order.
    To schedule another pick up date, you must contact the person responsible for the auction and pay the amount of € 250 for expenses for this new trip.
    If you do not withdraw on the planned days and no response is obtained about the withdrawal by you, we will consider the lot abandoned within the next 10 days.

1. In the event of a tie during a bid sale, the lot will be awarded to the Bidder whose bid was first received. If it is not possible to prove this, you grant Escrapalia the sole and exclusive authority to resolve and make all final determinations with respect to those bids.
2. Any item that is not paid for within appropriate period may be resold without further notice. In the event the successful bidder for any item fails to complete the purchase for any reason, we reserve the right to accept the next highest bid or to re-offer the property at a later time.

1. Lot closing times will be advertised prior to the opening of the Internet auction. Posted closing times are approximate. We reserve the right to close early or extend Internet auctions at our discretion.
2. In case there are bids during the last 3 minutes to the end of the auction, the bid increases the available time for bidding in another 3 minutes. This situation will happen again until there is no more bids in the last 3 minutes.
3. In case of private auctions, deadline time for bidding will be stated in the terms of sale, as well as opening time for bidding and results. In the terms of sale it will be described how to send sealed bids. Escrapalia is not responsible for bids that are not received, processed, illegible or not accepted due to technical difficulties.

1. The parties submit for the resolution of conflicts and waiving any other jurisdiction, to the courts and tribunals of the user's domicile. Likewise, Our entity is a member of Confianza Online (non-profit association), registered in the National Registry of Associations Group 1, Section 1, national number 594400, CIF G85804011, Carrera de San Jerónimo, 18, 4º 1, 28014 Madrid (Spain). For more information: www.confianzaonline.es. These general conditions are ruled by the Spanish Law. Likewise, in compliance with the provisions of the Law on Alternative Dispute Resolution, we inform consumers that, as an adhered entity and in the terms of the Code of Conduct, users may go to Confianza Online for the alternative resolution of eventual controversies (https://www.confianzaonline.es/como-reclamar/formulario-de-reclamaciones/). If these refer to electronic transactions with consumers, or data protection when they are related to this area, the claims will be resolved by the Confidence Online Mediation Committee, accredited for the alternative resolution of consumer disputes. If the claims deal with digital advertising, or data protection related to this area, they will be submitted to the AUTOCONTROL Advertising Jury. We also remind you that you can access the European Union's online dispute resolution platform by following this link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.
2. All claims or dispute requests must be submitted via email to subastas@escrapalia.com, Subject: CLAIMS. Escrapalia will not recognize claims related to property condition, unit of measure or minor count discrepancies or your failure to inspect the merchandise prior to bidding or removal.
3. Users agree that in the event that Escrapalia is unable to deliver the item or items for which you were deemed the high bidder, that the sole remedy available to you will be the reimbursement of monies paid for the item(s) not delivered.
4. Users agree to waive from any kind of claims against SURUS INVERSA, SLU. for damages, losses, costs, injuries or sanctions that are not caused directly for the use of this website, as well as any damages, costs, claims or liability for any injuries to persons or property of any type, occurring during your inspection of property, your presence at the facility where it is placed or resulting from the sale, removal, use or operations of the purchased property.
5. The consumer or user has recognized the right of withdrawal in the terms and conditions provided in Royal Legislative Decree 1/2007 of November 16, a right that may be exercised within a period of 14 calendar days from the withdrawal of the asset.
   To cancel your purchase, you must inform ESCRAPALIA by e-mail at the address subastas@escrapalia.com, indicating, in addition to your unequivocal intention to exercise the right of withdrawal, the reference of the good acquired, your personal data. In response to your e-mail, the steps to follow will be indicated. You can use the following form: Link to the form
   The refund of the price paid will be made through the same means of payment used for the purchase.

1. Escrapalia will only take responsibility for damages that users can suffer as a result of utilization of this website and when these damages were attributable to fraudulent action of the company.
   User admits and accepts that utilization of this website, as well as purchase of offered goods is carried out on his own risk and responsibility.
2. Escrapalia is not responsible for any damage that may result from the following circumstances, including but not limited to:
1. Of the concurrence of causes of force majeure and / or interference of third parties that cause interruptions of the service, computer viruses, breakdowns and / or disconnections in the operational functioning of the computer system of ESCRAPALIA and / or the buyer. We do not guarantee or promise that our system for bidding and searching for property will be available without interruption, error-free or free from other defects. We are not liable to any claim or allegation that the prospective buyer's bid was not received, properly and effectively processed or accepted due to technical errors or problems with the internet auction system of this website.
2. Delays or obstructions in the use caused by defects or overload on the Internet or in other electronic systems.
3. The differences of the information, documentation or other contents of the Portal that may exist between the electronic version and the printed version.
4. From the impossibility of providing the service or allow access for reasons not attributable to Escrapalia, due to User, to third parties, or cases of force majeure.
5. Third parties that may prompt illegitimate interference and that which is beyond the website's control without being attributed to Escrapalia.
3. Escrapalia does not control, generally, the use the Users make of this website. In particular, Escrapalia under no circumstance guarantees that users use the Service in accordance with the law, the General Conditions, morality and generally accepted principles of morality and public order, nor do so in a diligent and prudent.

1. All trademarks, trade names, logos, domains, texts and visual elements (design, source code, images, buttons, color combination and any other element that constitutes an intellectual creation) as well as their appearance, structure, arrangement, configuration and assembly featured on this website are the property of SURUS INVERSA, SLU. No display or use of such marks may be made without the express written permission of the owner.
2. Under no circumstances shall it be deemed that any right or license has been granted or that a waiver, transfer or total or partial assignment of the aforementioned intellectual and industrial property rights has been carried out or that any right or expectation of right has been conferred, and, in particular, no permission is granted, under any circumstances, to alter, develop, reproduce, distribute, transmit or transform the contents contained on the Portal without the prior express written permission of SURUS INVERSA, SLU.

Escrapalia will transmit notices by e-mail, fax, text messages or phone to the email address, fax and phone numbers provided by you during registration. We are not responsible for your errors in conveying your contact information.

YOU UNDERSTAND THAT BY PARTICIPATING IN AN ESCRAPALIA LIQUIDATION OR SALES EVENT THAT YOU ARE BOUND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

ESCRAPALIA, SURUS INVERSA SLU.'s auctions portal. Revised on 04.03.2019

Revised on 20.06.22

Identification Details

In accordance with the duty to provide information reflected in article 10 of the Information Society and Electronic Commerce (Services) Act (Law 34 dated July 11th, 2002), the following details are given:

• The owner of the website is SURUS INVERSA SLU.
• Registered in: Camino de las Huertas, 18, 2nd Pl. 28223 Pozuelo de Alarcón (Madrid).
• C.I.F: B86058567.
• Entered in the Registry of Companies in Madrid at Volume 28465, Section 1, Sheet 8, Page 512492.
• Contact e-mail address: info@escrapalia.com

Escrapalia is a trademark and www.escrapalia.com is a Surus Inversa SLU. registered domain.

General conditions for use of Escrapalia’s portal

SURUS INVERSA SLU. informs you that accessing and using the website www.escrapalia.com and all its domains and directories included, as well as the services or contents that can be obtained through it, are subject to the terms described in this Legal Notice, notwithstanding any other additional General Conditions that can be specified after accessing a particular service or content.

Therefore, if you do not agree with the contents described in this Legal Notice, we ask you not to make use of the portal, since any use of it or the services and contents provided will imply the acceptance of the legal terms described herein. Please, be informed that Surus Inversa SLU. complies with the following international certificates for user and internal security:

• ISO 27001 for Information Security.
• ISO 37001 for Anti-Bribery.
• UNE 19601 for Criminal Compliance.

The conditions and terms described in this Legal Notice may vary, therefore we recommend you to review these terms every time you access the Portal.

Use of Website and Acceptance

Accessing and/or using www.escrapalia.com portal gives the status of USERS, who accept, by means of such access and/or use, the General Terms and Conditions for Use reflected herein. The said Terms and Conditions shall be applicable regardless of any General Terms and Conditions for Contracting that it may in each case be compulsory to comply with.

Conditions of Use

www.escrapalia.com provides access to a lot of information, services, sales, auctions or data on the Internet belonging to SURUS INVERSA SLU. or its licensors to which the USER can access. The USER assumes responsibility for the use of the portal. This responsibility extends to the necessary registration to access certain services or contents. In this registration the USER will be responsible of providing true and lawful information. As result of this registration, the USER can be provided with a password that will be responsible of, pledging to make diligent and confidential use of it. The USER undertakes to make appropriate use of the contents and services that SURUS INVERSA SLU., who reserves the right to remove any comments and contributions that violate the respect for human dignity, which are discriminatory, xenophobic, racist, pornographic, that threaten youth or childhood, the order or public safety or that, in their opinion, are not suitable for publication. In any case, SURUS INVERSA S.L will not be responsible for the opinions expressed by users through forums, chats or other participation tools.

Intellectual and Industrial Property

SURUS INVERSA SLU. owns all rights to intellectual and industrial property of its website as well as of the elements contained therein (by way of example, pictures, brands, trademarks, distinctive signs, services, contents or information...).

Under the provisions of Articles 8 and 32.1, second paragraph, of the Intellectual Property Law, the reproduction, distribution and public communication, transformation or any other similar activity, including any means of making available all or part of the contents of this website, are expressly prohibited without the authorization of SURUS INVERSA SLU.

The USER undertakes to respect the rights of the Industrial and Intellectual Property owned by SURUS INVERSA SLU. The USER must not remove, alter, evade or manipulate any protection device or security system that was installed on the pages of SURUS INVERSA SLU.

Warrantee and Responsibility Exclusion

SURUS INVERSA SLU. is not responsible, in any case, of the damages and harms of any kind which may cause, by way of example: errors or omissions in the content, lack of availability of the website or transmission of viruses or malicious or harmful programs in the content, despite having taken all the necessary technological measures to prevent it.

Modifications

SURUS INVERSA SLU. reserves the right to make unannounced changes that considers appropriate in its website, being able to change, delete or add content and also services provided through it as well as the way in which they are presented or located on its website.

Links

In the event that on behalf of the domain, links or hyperlinks are placed which direct to other Internet sites, SURUS INVERSA SLU. will not exercise any control over such sites and content. In any case SURUS INVERSA SLU. will assume any responsibility for the contents of any link belonging to another website, nor guarantee the technical availability, quality, reliability, accuracy, comprehensiveness, validity and constitutionality of any material or information contained in any such hyperlinks or other Internet sites. Also the inclusion of these external connections will not imply any type of association, merger or partnership with the connected entities.

Right of Exclusion

SURUS INVERSA SLU. reserves the right to decline or withdraw access to the web and / or services offered without previous notice, on its own decision or a third party’s, to those users who violate these General Conditions for Use.

General Issues

SURUS INVERSA SLU. will pursue the breach of these conditions and any misuse of its portal, exercising all civil and penalty actions that can be supported by law.

Modification of the Conditions and Duration

SURUS INVERSA SLU. may change at any time the conditions specified here, being duly published herein, therefore the USER is responsible of reading carefully this Legal Notice each time the website is accessed. The validity of these conditions will be according to their exposure and will be valid until they are modified by others duly published.

Governing Law and Jurisdiction

The relationship between SURUS INVERSA SLU. and the USER will be governed by current Spanish regulations and any controversy between SURUS INVERSA and the users will be submitted to the courts and tribunals of the consumer's domicile; When the buyer is not loyally consumer or user, any claim or dispute between the parties will be submitted to the Courts and Tribunals of the city of Madrid with the buyer expressly waiving any other jurisdiction that may correspond to him.

Revised on 20.06.22

SURUS INVERSA SLU., is a private company specialized in recapturing value through reverse logistics and the sale of obsolete material, stock surplus, end-of-life products and scrap to secondary markets with the aim of maximizing returns for their clients. We are determined to extract value from unused waste from any origin, including waste generated from the dismantling of a ship, and to make sure that waste is properly managed. We know how wrongful waste management can impact the environment.

A key part of our business strategy is the commitment with the protection of the environment, taking every necessary action to minimize impacts, prevent pollution, and enforce safety and health measures for our workers. Furthermore, we have developed an Anti-bribery and Compliance Model, determining an ethical and behavioral code, mandatory for all employees of our company and other companies working for or in name of SURUS INVERSA SLU. The goal is to prevent any act against the law, including briberies and other similar acts. It is carried out with security guarantees of the information and the data that SURUS INVERSA SLU. works with.

In this context, the company is committed to:

• Understand the needs of our clients and to satisfy them.
• Comply and ensure compliance with all laws and regulations applicable for the different activities developed by the company, as well as any other requirement from our clients or from the inside of the company.
• Anticipate to any health damage by establishing a safety in the workplace system based on prevention and/or removal of risks in all work positions.
• Determine a commitment to provide safe and healthy working conditions for the prevention of injuries and deterioration of health related to the job of our workers.
• Identify hazards and reduce risks for Safety and Health at Work, eliminating the danger whenever possible, substituting processes, operations, materials or equipment for less dangerous ones whenever possible, providing the appropriate personal protective equipment to our workers.
• Workers will be duly informed and instructed on the rules and preventive measures in force for their work, and will participate in all matters that affect safety and health at work.
• Protect the company’s information resources and the processing technology from external or internal, meant or unmeant threats in order to ensure the compliance of clauses of nondisclosure, authenticity, traceability, availability, legality and reliability of information.
• Commitment that both the Management and its staff must apply the established information security measures and establish the control and monitoring mechanisms thereof. For this, the company has implemented a set of objectives, measures, controls, procedures and actions aimed at protecting all assets, including both the information, the processes, the systems and the networks that support it. Our entire information security management system is based on continuous improvement.
• Keep continuous improvement in all processes, developing corrective and proactive measures to prevent error recurrence.
• Promote training and awareness actions for employees in order to improve their performance within the company and ensure the achievement of goals and milestones.
• Identify activities where crimes can be committed in the Guidelines for the Prevention of Criminal Offenses.
• Determine general policies, procedures, and mandatory regulations regarding information safety, correct management and anti-bribery, which will be spread to all employees at the company and all stakeholders.
• Forbid any behavior in conflict with the General Anti-bribery and Compliance Regulations. Disciplinary, corrective or penalty measures according to current work laws will be applied if necessary.
• Develop a channel to lodge a complaint for all employees within the organization and any external person that must share any piece of information, doubt or suspicion about a behavior that goes against our ethical code or the law. The email address buzoncompliance@surusin.com has been enabled for this or by post to Camino de las Huertas 18, 2º Pl. (28223 Pozuelo de Alarcón). In any event, retaliation of any kind against a reporter in good faith is prohibited.
• Employees at Surus are never allowed to promise, offer or give a bribe.
• Employees at Surus are never allowed to ask for or accept a bribe.
• Establish a Compliance committee, independent from any business decision, whose goal will be to monitor and control the Anti-bribery and Compliance Model, as well as to report about and manage any issue related to the Model.
• Determine ways for the notification, management and registry of incidences related to any of the management systems implemented in the organization.
• Manage all systems according to the principles of risk management, focusing on preventive measures over corrective actions.
• Consider management planning as an integral part in all processes within the organization, determining regular programs, goals and objectives to guarantee the compliance of the Policy and the continuous improvement of the integral management system.

Management extends this commitment to all employees and any person that acts on behalf of SURUS INVERSA SLU., who shall comply with this policy guidelines, which will be revised regularly in order to ensure they are appropriate for the activities of the organization.

Madrid, March 03th 2021.

Surus Inversa SLU.