WE STRONGLY ENCOURAGE ITEMS TO BE VIEWED. ALL ITEMS IN THIS AUCTION ARE AS IS, WE WILL NOT WARRANTY NOR GIVE REFUNDS OR RETURNS ON ANY ITEMS THAT ARE NOT OR THAT ARE VEIWED PRIOR TO AUCTION. THE INFORMATION PROVIDED IS A GUIDE AND ONLY A GUIDE - ITS IS THE BIDDERS/BUYERS RESPONSIBILITY TO DETERMINE THE VALUE.
Auction Terms & Conditions
1. Frank McInenly Auctions Ltd (Auctioneer) Hereby grants the online account holder or party whose signature appears on the Bidders Registration Agreement (Bidder), the right to use the number shown hereby for the purpose of bidding at an auction sale to be conducted by Auctioneers.
2. Bidder Acknowledges he/she has read and completely understands these terms and agrees to comply with and be bound by such.
3. Bidder agrees when you click the "bid" button on the page you are entering into a legal binding contract with Frank McInenly Auctions in which you agree to abide by this agreement in all aspects of your use of the auction site.
4. All Items are sold "AS IS WHERE IS" without warranty and are the buyer's risk as soon as they are sold. ALL SALES ARE FINAL.
5. Any and all information provided by the Auctioneer is mean as a guide only. All buyers shall inspect each item and satisfy themselves as to the condition, fitness, soundness, location and/or to the measurements of the item before bidding. The inability or failure to do so will in no way relinquish the buyer from being bound by any of the terms of this auction. Any descriptions or information in any for whatsoever, whether oral, written or otherwise howsoever, shall not be construed as a representation or a warranty, express or implied by Frank McInenly Auctions Ltd its representatives or brokerages. The buyer acknowledges that any purchase made is based solely on the bidder's inspection of the goods as to their nature, quality, condition, quantity, size and fitness for the purchase that the buyer intends to use the purchased item (s).
6. The Auctioneer reserves the right to group, modify, increase, diminish or delete lots at his sole and absolute discretion. The Auctioneer makes no representation that any of the Lots conform to any stand in respect of safety, pollution or hazardous material or to any standard or requirement of any applicable authority, law or regulation.
7. Some items in this Auction may be subject to a reserve unless otherwise stated.
8. Auctioneers may, at any time, at their sole discretion and without notice or liability to the Bidder withdraw or cancel the sale of any Lot or offer any Lots in groups or with privilege. Frank McInenly Auctions Ltd. reserves the right to withdraw or re-catalog items in the auction.
9. The Auction will be conducted by offer in the terms by Lot (Lots ) either individually or in groups. The Bidder offering the highest bid accepted by the Auctioneers shall be the purchase price offered by the Bidder.
10. The Bidder/Buyer Acknowledges that the auctioneer cannot guarantee the continuous or secure operation or access to any "online" technologies. All technologies are subject to, but not limited to, failure, outages, and or delays. The Auctioneer will not be held liable for any claims or alleged losses related to use of technologies or processes used in the Auction
11. A Bidder who bids acknowledges and agrees that bidding at this auction is the legal equivalent of a firm commitment and irrevocable offer to purchase. Once the "Bidder" has placed a bid and the bid is accepted by the auctioneer you are obligate to complete the transaction. "Bidder" has now become the "Buyer"
12. Frank McInenly Auctions (Auctioneer) acts as agent of the seller only and not as owner. The actual contract of sale is directly between the sellers and buyers.
13. The bid price DOES NOT Include any applicable taxes or auction fees including, not limited to, GST, other taxes and auction fees. All Items will be applicable to the Buyers Fee & GST Unless otherwise stated.
14. Online Fees - Fees Applying on online Auctions are posted online. Online/Timed Auction Buyers fee 4% to a maximum of $1,000/Lot. Real Estate Auctions Posted Online. 4H Auctions there will be NO Buyers Fee.
15. Payment - All Payments Must be made within 24 hours of the Auction Closing by Cash, Certifiable Cheque, Electronic Transfer, Bank Draft, Direct Deposit or Debit Card. Visa and Mastercard are accepted but there will be a 3% surcharge on top of the purchase to pay with Visa and Mastercard.
16. All lots must be removed within the time announced or posted at the sale at buyer's sole cost and risk, and only in a manner approved by auctioneers
17. The buyer agrees that all items are to be removed as per the individual Auction information provided. Failure to do so may result in storage fees, and/or relocation of the items at the buyers expense. If items are not removed within the specified time frame items will be deemed "Abandoned" and disposed of by the auctioneer at its sole discretion with no compensation for the buyer whatsoever.
18. The Auctioneer reserves the right to accept or void any bid, whether winning or not, and in case of dispute the auctioneer's decision shall be final. All buyers agree to be bound by the terms of this agreement as well as any other conditions announced or advertised by the auctioneer. In registering for this auction each buyer agrees to be responsible for all charges to them and that if any form of expected payment is accepted Frank McInenly Auctions Ltd that it will be honored when presented for payment. If the payment is dishonored, then to secure payment the buyer hereby grants Frank McInenly Auctions security interest in all present and after acquired property of the buyer and the buyer authorizes Frank McInenly Auctions by its duly appointed employee to act as the buyer's agent in executing a general security agreement in favor of Frank McInenly Auctions in the current form of a general security agreement. The buyer consents to Frank McInenly Auctions filing a financing statement at Personal Property Registry in relation to the aforesaid general security agreement and the buyer waives any right to obtain a copy of the said general security agreement. Any and all legal fees incurred by Frank McInenly Auctions Ltd in recovering all amounts due to them from the buyer shall be paid by the buyer on the scale as between solicitor and his own client on a full indemnity basis. Late Payments shall bear interest at the rate of 15% per annum.
19. This Agreement shall be interpreted in accordance with the laws in force in the Province of Alberta
20. The failure of Frank McInenly Auctions Ltd to enforce any terms of this agreement in whole or in part to respond to a breach by the buyer shall not in any way constitute a waiver of Frank McInenly Auctions Ltd rights to enforce subsequently any term or condition of this agreement or to act with respect to similar breaches.
21. You the Bidder/Buyer agree that any information posted and/or supplied by, including but not limited to, images, results, customer information by the auctioneer, is for the sole purpose of the Bidder/Buyer participating in this auction. The information is the sole intellectual property of the auctioneer, and may not, without the written permission of the auctioneer, directly or indirectly, through any means whatsoever be used or shared for any other reason.
22. The Bidder/Buyer acknowledges that an auction site is a potentially dangerous place where flammable, noxious, corrosive and pressurized substances may be present, heavy equipment is being operated and electric circuits may be live. Every person at the auction site at any time, shall be there at his own risk with notice of the condition of the premises and the activities thereon and buyer shall so advise his agents and employees. No person shall have any claim against Frank McInenly Auctions Ltd, the Auctioneers, their agents, employees or principals for any injuries sustained nor for any damages to or loss of property which may occur from any cause whatsoever.
23. Payments must be made within 24 hours of Auction closing, if the Auctioneer is unable to contact the bidder/buyer, we will charge the credit card used for verification for the invoice price plus 3% admin fee. If payments are unsuccessful the Auctioneer will revoke future bidding, and report on bidder profile.
24. You the buyer and your signatories are duly authorized to enter into this agreement.
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