Terms of Sale
1. The highest bidder will be the purchaser and no bidder shall retract their bid(s). ALL SALES ARE FINAL.
2. Any dispute arising as to any bidding will be determined by the auctioneer at his/her sole discretion; and at the auctioneer's discretion, the auctioneer may immediately put the lot in dispute up for sale again.
3.The auctioneers and the auction company reserve the right to refuse any individual a bidding card for the privilege of bidding and/or purchasing at the auction sale. The auctioneers, employees of Ab Carroll Auctions, and the auction company can revoke bidding/purchasing privileges at any time. Any individual that has been refused a bidding card or has had their bidding card revoked cannot purchase under another bidder’s account, such actions can result in both bidders losing their ability to have a bidder’s number and/or an account at Ab Carroll Auctions.
4. Purchases become the responsibility of the purchaser upon award of the bid. It shall become the responsibility of the purchaser to ensure that their purchases are removed immediately. Any auction items that are misplaced, stolen, damaged or missing due to being left behind by the purchaser, will not be replaced, reimbursed or removed from any invoices by Ab Carroll Auctions. Ab Carroll Auctions has procedures in place to protect buyers and their purchases, but Ab Carroll Auctions does not make any guarantees or warranties -implied, expressed or written. Any items not removed from the auction property within the allotted pick-up timeframe will be deemed abandoned. (See Item 9).
5. Complete settlement of all purchases is to be made on the day of sale. All settlements/invoices are to be made by cash, cheque, debit, credit card or wire transfer. Cheques will only be accepted from buyers with an existing account that have paid by a cheque previously (and Ab Carroll Auctions had no issues with cashing the cheque), or by individuals that are approved by Albert (Ab) Carroll of Ab Carroll Auctions. All bidders must provide their driver’s licence or a subsequent form of identification. Cheques will not be accepted without a driver’s licence on file.
6. The purchaser agrees to pay, in addition to the purchase price of the item(s), any and all fees determined by Ab Carroll Auctions, which includes, but is not limited to -
buyers premiums, handling fees, and all government taxes.
Government taxes are not determined by Ab Carroll Auctions. Ab Carroll Auctions will attempt to post all taxable/non-taxable information in the sale catalogue, but it is the responsibility of the buyer to be informed of any applicable government taxes, exchange rates of other currencies, or duties/fees to export any purchases to other countries. Ab Carroll Auctions sells all items in CAD currency. All bidders reserve the right to request from Ab Carroll Auctions whether or not auction items/lots are subject to HST. Bidders cannot revoke bids or refuse payment. Bidders must be aware of additional costs (as mentioned in Item 6) before bidding. If a bidder does not agree with the HST or additional charges, they are still responsible for the payment of their invoice and must still produce payment within the allotted payment time frame. Failure to produce payment will result in interest accruing on the outstanding invoice(s). Interest rates will be determined by Ab Carroll Auctions.
7. The purchaser will not be entitled to possession of any of the sold lot(s) purchased at the sale until the total purchase price of all the lot(s) have been fully paid. Sold lots cannot be removed from the auction premises until the items are paid for in full, and the successful bidder obtains a paid receipt signed by Ab Carroll Auctions’ office staff. In the event the purchaser fails to pay the purchase price for any of the lot(s) within the prescribed time, or fails to comply with any of the 'Terms of Sale', the auctioneer and auction company will retain their possessory lien to the lot(s) and will have the right to dispose of the lot(s) in any manner the auctioneer or auction company, in their discretion, may deem appropriate without notice of any kind to the purchaser. Should the auctioneers or auction company resell any lot(s) the net proceeds there from (after deducting 20% commission and all administrative costs) shall be credited to the original purchasers account and the original purchase shall forthwith pay upon demand to the auctioneers or auction company, as liquidated damages, any deficiency arising from the resale.
8. All costs in relation to removal and trucking of auction items/lots will be the responsibility of the purchaser. If the purchaser requests assistance from the auctioneer(s), Ab Carroll Auctions, auction staff, auction partners, or other individuals not affiliated with Ab Carroll Auctions or any auction partners, to assist in the removal of any item(s) will indemnify and hold the auctioneer(s) and/or auction company and/or their staff harmless from any resulting loss or damage to the item(s) being removed. The purchaser will supply the auctioneers with proof of adequate insurance before the removal of item(s) that require dismantling, rigging or hot cutting. The purchaser agrees to indemnify and save harmless both the seller and/or auctioneers and/or auction company against any damage caused by the acts of the purchaser and/or their agent(s) in connection with the dismantling, loading, or removal of any items/lots.
9. All lot(s) must be removed within the time announced or posted at the sale, at the purchaser's sole cost and risk and only in a manner approved by the auctioneer or auction company. If the purchaser fails to remove the lot(s) within the specified time, the lot(s) shall be deemed abandoned. The auctioneers and the auction company, at their sole discretion, may dispose of the lot(s) without notice or compensation to the purchaser.
10. No sale shall be invalidated by reason of any defect or inaccuracy in any of the lot(s) by reason of their being incorrectly described in the catalogue and no liability shall be borne by the auctioneers or auction company in respect of any such faults or errors. Catalogues have been prepared only as a guide and by making their bid(s), the purchaser shall be deemed to have inspected the merchandise fully and to their entire satisfaction. In particular odometer or hour metre attached to any particular lot(s) may indicate, with any degree of accuracy, the year, actual distance travelled or hours used. All items are sold AS IS, where is with no guarantees or warranties implied, expressed, or written.
11. Except and herein set out, there shall be no guarantee or warranties expressed or implied, statutory or otherwise, of any nature whatsoever. Each and every item is sold on the condition that it may not be fit for use and that certain repairs may need to be done by the purchaser (at the purchaser's expense) to make the lot(s) usable or roadworthy. Specifically, but not the generality of the forgoing, the auctioneers and auction company make no representation that any of the lot(s). the subject of the auction: conform to any safety or pollution standard or requirement of any applicable authority, law or regulation, OR, any particular use, OR, are merchantable or financeable, OR, are of any particular age, year of manufacture, make, model and condition.
12. If, for any reason, the auctioneer(s) or auction company are unable to make available or deliver any purchase of clear title to the same, or documentation required in respect of any purchaser, whether before or after delivery, the auction company's sole liability, if any, shall be returned or surrendered upon demand by the auction company prior to return of payment.
13. Title and vehicle registrations will be delivered to the purchaser within the termination of the auction sale, upon payment of the full purchase price. If paying by cheque or uncertified funds, titles will be held until the cheque clears the bank (ten days after cashing). If paying for a vehicle/trailer (or any item with an ownership) by cheque or non-certified funds, the ownership will not be released until the cheque clears. Ownerships can be made available by pick up at the auction site with an appointment, or it can be mailed to the new owner.
14. The purchaser shall be deemed to have inspected the lot(s) to their full satisfaction before making the bid(s).
15. These 'Terms of the Sale' may not be amended except by agreement in writing signed by the auction company and their respective purchaser.
16. The purchaser and/or their agent(s) or representative(s) acknowledges that an auction site is a potentially dangerous place. Flammable, noxious, corrosive and pressurised substances may be present. Heavy equipment is being operated and electrical circuits may be live. Every person at the auction site, before, during, and after the sale shall be deemed to be at their own risk with notice of condition of the premises, the activities on the premises and the conduct of third parties. No person shall have any claim against the auctioneers, the auction company, their agents, employees or principals for any injuries sustained, nor for damages to, or loss of property which may occur from any cause whatsoever. Children under 18 must be accompanied by an adult. Anyone under 18 years of age cannot bid at the sale for themselves or for other purchasers.
17. Full payment plus all applicable taxes and costs are due in full by the end of the auction and must be verified with identification prior to leaving the premises.
18. Residents of the province of Quebec certify that all purchases made at this sale will be used for the purpose of their trade, commerce or profession.