Auction Terms & Conditions for Frank McInenly Auction Ltd. The Auctioneer reserves the right to periodically modify the Terms and Conditions and it is the responsibility of the bidder to review and accep the Terms and Conditions prior to each auction registration.
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 VEIWED PRIOR TO AUCTION.
TERMS & CONDITIONS
1. Bidders are required to creat an account on the Site and register to partifcipate in any Auction. All Bidder information must be current and complete.
2. Registering for this event, means you agree Frank McInenly Auctions Ltd. Terms and conditions for this auction. Bidder Acknowledges he or she has received, read and understands these terms as listed and agrees to comply with and be bound by such.
3. Bidder is solely responsiblye for the security of the username and password on their bidding account is responsible for all bids placed on their account.
4. 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. Bidder accepts a lot when he or she makes a bid. All Sales are Final. Bidder Agrees to Pay the Purchase Price Plus Applicable Taxes & Buyers Premium of 4% to a Maximum of $1000/Item and taxes on top of the purchase price.
5. The Bidder, whether acting as principal, agent, office or direction of a company or otherwise, in any capacity whatsoever, and the company he/she represents, both jointly and severally agree to indemnify and save harmless Auctioneers, and the Seller(s) against any and all liability, from any and all actions, causes of actions, suits, loss, costs, damages and other expenses arising from the attendance or participation of bidder, his or her agents or employees, at the auction sale and/or on the auction site before, during or after the auction sale including loading of items; and the bidder to be responsible for the payment of the purchase price and taxes due on all Bidder's purchases.
6. All Lot (Lots) are sold "AS IS" and ALL SALES ARE FINAL. Property is open to thorough public inspection. It is the Bidder's responsibility to determine, condition, age genuineness, value or any other determinative factor. Frank McInenly Auctions Ltd. May attempt to describe the merchandise in advertising, on the Internet, Catalogue, and at the auction but makes no representations. In no event shall Frank McInenly Auctions Ltd. Be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose, Bidder shall be the sole judge of value. We believe the lot information to be accurate but strongly encourage you as the buyer to due your due diligence in researching the item. We provide serial numbers for you to be able to search as you feel fit.
7. Some items in this Auction may be subject to a reserve unless otherwise stated.
8. The Bidder grants the Auctioneers a security interest in the Purchases, to secure payment of the purchase price. In the even of non-payment, the Auctioneers may proceed to file the Bidder Registration Agreement as a financing statement for security interest granted by this Security Agreement.
9. 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.
10. The Auctioneers reserved the right to refusals (approval to bid) anyone deemed to be a potential detriment to the conduct of the auction.
11. All articles of merchandise are offered "As Is and Where Is" in units of measure as announced at the time of sale. The Catalogue has been prepared as a guide only, based on information from sources believed to be reliable and from the Seller; however, it's accuracy cannot be guaranteed or warranted. No sale shall be invalidated, nor shall Auctioneers be liable as a result of defects or inaccuracies in the Catalogue. Bidder Acknowledges that all Lots were available for inspection prior to the Auction and that it is his/her responsibility to inspect all equipment and to make his/her own inquiries prior to bidding.
12. 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.
13. All sales are final. Acceptance of a final bid the by the Auctioneer constitutes a legal, biding sales contract, pursuant to the terms and conditions as stated. Auctioned items are purchased as is with no return option.
14. It shall be the responsibility of the Bidder to insure his purchases immediately. Purchases become the responsibility of and shall be at the risk of the Bidder upon acceptance of his/her bid. Auctioneers shall not be responsible for loss or damage to any purchases.
15. No lots may be removed until full payment is received by Frank McInenly Auctions Ltd. 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. If for any reason, the buyer fails to remove any lots within the time specified, the lots shall be deemed abandoned and the auctioneer may re-sale, or remove from the auction site and/or store the said lots at the Bidders sole risk and expense. In addition, Bidder shall be liable for any rent incurred or damages suffered by the Auctioneer because of the Bidders failure to timely remove any lot. Prior to the commencement of dismantling, rigging or cutting or any operation affecting buildings or land, Bidder shall furnish certificates satisfactory to Auctioneer, holding Auctioneer and Seller harmless for any claims concerning damage or injury to persons or property arising out of any such acts. All equipment used in connection with removal shall itself be removed with purchased lots.
16. All rights, privileges and powers reserved or granted to Auctioneer in the Terms of Sale shall be deemed reserved and granted to auctioneer's employees, advertising representatives, and all owners for whom the lots are being sold.
17. If for any reason whatsoever the auctioneer fails to deliver an awarded lot, the auctioneer's sole liability shall be the return of any deposit or monies paid for such non-delivered lot; this does not include lost or stolen items.
18. Under no circumstances shall bidder have any kind of claim against Frank McInenly Auctions Ltd or anyone else if the Internet service fails to work correctly before or during the Auction.
19. The Credit Card Number used for Verification is Only For Verficiation Purposes - Frank McInenly Auctions Ltd. does not receive the Credit Card Number and it is not on file - payment arrangements must be made through Frank McInenly Auctions.
20. Through the bidding platform you may see a bid that says "floor bid" - this is the technology for those who are unable to use the platform due to Internet Service or Computer Confidence and we have allowed them to register on Site at the viewing location and given us an Absentee Bid. The Computer System is bidding on behalf of the Registered Buyer. All Buyers who use this service agree to a 4% Buyers premium capped at $1000/Item - same fees apply as online bidders.
21. If payments/arrangements are not made within 24hrs of Sale Closing, the Credit Card used when registering will be charged for the full amount and the 3% Credit card Fee will be at the Buyers Expense.
22. 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.
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