Terms of Sale
1. The highest bidder will be the purchaser and no bidder shall retract thier bid(s). ALL SALES ARE FINAL
2.Any dispute arising as to any bidding will be determined by the auctioneer at his/her sole discretions, and at the auctioneer's discretion, the auctioneer may immediately put the lot in dispute up for sale again.
3.The auctioneer's and the auction company reserve the right to refuse any applicant, a bidding card for the privilege of bidding by number at the auction sale and/or revoke such privilege at any time.
4. Purchases become the responsibility of the purchaser upon award of the bid. It shall become the responsibility of the purchaser to insure their purchases immediately, as such purchases remain the sold risk of the purchaser.
5. Complete settlement of all purchases is to be made on the day of sale OR the next business day. All settlements are to be made by cash, check, debit, credit card or wire transfer.
6. The purchaser agrees to pay, in addition to the purchase price of the item(s), buyers premiums and all governement taxes that are announced or posted by the auctioneers or auction company for this particular sale. Such notification of applicable taxes will be made at the commencement of the sale, as part of this catalogue for this particular sale, by posted notice at the auction site and/or any combination of the aforementioned as the auctioneer and auction company see fit.
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. 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 the 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 creditied 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 and the responsibility of the removal will be borne by the purchaser. The purchaser, is asking the auctioneers to assist in the removal of any item(s) will indemnify and hold the auctioneers 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 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 or removal of any lots.
9. All lot(s) must be removed within the time announced or posted at the sale, at the purchasers 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.
11. Except a herein set out, there shall be no guarantee or warrantees 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 be needed to be done by the purchaser (at the purchasers 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 or auction company are unable to make available or deilver any purchase of clear title to the same, or documentation required in respect of any purchaser, whether before or after delivery, the auction compny'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 uncertfied funds, titles will be held until the cheque clears the bank.
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 respecive 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 pressured 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 actvities on the premises and the conduct of third parties. No person shall have any claim against the auctioneers, the auction company, their agents, emloyees or principals for any injuries sustained, nor for damages to, or loss of property which may occur from any cause whatsoever.
17. Full payment plus all applicable taxes and costs are due in full by the end of the auction or the next business day and must be verififed 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 urpose of their trade, commerce or profession.
19. 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.
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