AUCTION TERMS AND CONDITIONS **Please Read Before Bidding** Once you have placed a bid you have agreed to our terms and conditions and your bid is a binding agreement with Nova Auction Moncton Inc. Once a bid has been placed it cannot be removed - you will need to be outbid. REGISTERING All Bidders must first register and complete the new bidder information form as provided through the HiBid auction platform. All Bidders are required to provide valid credit card information to register for this auction. **Please note that your credit card WILL NOT be charged unless you are the successful bidder. There is however a 'pre-authorization' done from time to time to validate the credit card - this is not a charge. You are responsible for maintaining the confidentiality of your account and password and restricting access to your computer and you agree to accept responsibility for all activities that occur under your account and password. By signing to bid at our auctions your email will be entered into our database for promotional emails. You can unsubscribe at anytime by clicking on the unsubscribe link at the bottom of the email. BIDDING AND PAYMENT You are purchasing retailer returns, overstock items, shelf pulls, undeliverable shipments from major retailers and from time-to-time consignments - these items may not be in perfect retail condition. Some may not be in original packaging, missing screws/nuts bolts, have slight dings, minor scuffs etc. While we will make every attempt to note such defects you should be aware of what you are purchasing. All descriptions are believed to be accurate based on a visual inspection, but Nova Auction Moncton Inc. does not warrant that the lot description is error free, accurate or complete. Our descriptions are not what you would expect from an online retailer description. We encourage our customers to do their own research of items prior to placing a bid to ensure that the item is suitable for its intended use. Our items are sold at several retailers, we will post where these items have come from, we again encourage you to do your own research. We are not an authorized dealer of any branded products and therefore manufacturer warranties do not apply. " By placing a bid, the bidder is satisfied with the description of items. " The bidder understands that a 15% Buyers Premium and a 15% GST/HST Tax will be added to their final invoice. " Nova Auction Moncton Inc. will automatically process the credit card provided by the user in their HiBid account following the auction closing. All items purchased by the user online must be paid in full within TWO (2) business days of auction close date. Failure to do so could result in your account being placed on hold with Nova Auction Moncton Inc. and you will be unable to bid in future auctions with us. Items will be re-posted in a future auction. " All invoices are emailed to winning bidders after the auction's close with the details of pickup location, and hours. " Pickup and returns both local and shipped (if applicable) of all items are the full responsibility of the buyer including all associated costs. " Bidders have the option of setting a maximum bid amount allowing the auction software system to automatically bid on their behalf to the next highest bid increment. " Soft Close: If a bid is placed on an item in the final minute of the auction sale, the auction for that item will automatically be extended and remain open for an additional 1 minute. This will continue until all bidding has ceased. PICKUP " Pickup dates are specific to the auction who have bid in, please ensure you can pickup during the dates/times specified (this is always within 7 days of the auction close date). We recommend booking an appointment though the link on our website, so your auction items are picked and ready for your arrival. This means less wait times for you. If you do not book an appointment, you may be asked to return to retrieve your items later as those who have booked a pickup time will be served first. " Purchasers are responsible to bring any necessary tools, packing material or additional labour to remove purchased items. All items must be removed from our premises the week following the auction end date. Any items not retrieved within FOURTEEN (14) days will be considered abandoned and Nova Auction Moncton Inc. reserves the right to re-sell the items on another auction. Any items that have not been removed from our premises within the timeframe noted above will be treated in the following manner: " Item(s) will be subject to a weekly $5 per item storage fee if not picked up " Item(s) that are not picked up during the specified pickup time (this is the week directly following the auction close) items are not eligible for refund and will become the property of Nova Auction Moncton Inc and they will be re-sold on the house's account with no refund to the original buyer. SHIPPING We do NOT offering shipping at this time. All shipping is at buyers cost including any potential returns RETURNS Nova Auction Moncton Inc. offers a FOURTEEN (14) day return period from the auction close date on defective items that are unable to be used as intended that are NOT being sold "AS IS". Pallet Lots are sold AS IS, Box Lots are sold AS IS. "AS IS" items are sold without warranty and will not be accepted for return under any circumstances. We do not accept returns for missing screws/nuts or bolts that are readily available at the local hardware store. We also do not accept returns for items with slight flaws that do not pose an issue with the items intended use. **Always be sure to read lot descriptions carefully** You are purchasing RETAIL RETURNS from Major Online Retailers and items may not be in perfect condition and may have minor scratches, dings etc that may or may not be noted in the item description. All items require approval to be returned - please email info@novaauctinmoncton.com or call in to discuss if you are experiencing an issue with your purchased item. " Items must be returned in the original packaging " Items must be returned unused and in the same condition received We will not consider a return after the FOURTEEN (14) day return period - no exceptions. You further understand that if you pick up items after the noted return period you have waived your right to return for defective items or items not as described. All items are to be returned in the original packaging for consideration. Nova Auction Moncton Inc. reserves the right to refuse any items for returns as we see fit and restocking fees may apply. Returns when items have been approved and authorized for refund are processed within FIVE (5) business days to the method of payment on file. OTHER These terms and conditions may be updated or changed by us at any time please be sure to review prior to biding on our online auctions. We reserve the right to cancel, block or refuse any bidder or registration at any time with or without cause. Due to the nature of technology Nova Auction House Ltd reserves the right to pause, cancel or restart the bidding of any auction if our system is experiencing errors or connectivity issues CONTACT For additional questions regarding our auction please contact info@novaauctionmoncton.com --------------------------------------------------------------------------------------- Sebae Data Solutions, Inc. SERVICE TERMS AND CONDITIONS ACCEPTANCE OF TERMS Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap USE AND REGISTRATION Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC. REGISTRATION OBLIGATIONS In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). DESCRIPTIONS OF SERVICE Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections. HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions. The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding. INTERNET ABSENTEE BIDDING Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction. INTERNET-ONLY AUCTIONS Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction. WEBCAST AUCTIONS Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live". Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid. When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels). The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions. Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration. Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms. BIDDING The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal. Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement. The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers. Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers. THE WINNING BID The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid. NOTICE OF END OF SALE, PAYMENT & SHIPPING After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions. BUYER'S PREMIUM, TAXES AND DUTIES If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it. PRIVACY We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. COPYRIGHT All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose. SPECIAL ADMONITIONS FOR INTERNATIONAL USE Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. DISCLAIMER OF WARRANTIES You expressly understand and agree that: a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected. c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC. LIMITATION OF LIABILITY You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. EXCLUSIONS AND LIMITATIONS Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you. INDEMNITY You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. LEGAL COMPLIANCE You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items. GENERAL INFORMATION The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.