Bidding Terms & Conditions
Terms 1 through 5 are intended to duplicate the Terms and Conditions on the Bidder’s Contract, in the event of a discrepancy between the two the Bidder’s Contract will prevail.
|1. AllStar Auctions Inc. (“Auctioneers”) hereby grants to the party whose signature appears on the Bidder’s Contract (“Bidder”), the right to use the Bidder Number shown hereon for the purpose of bidding at an auction sale to be conducted by Auctioneers. Such right is granted at the Auctioneer’s sole discretion and may be revoked at any time.|
2. The Auction will be conducted by offering the items by Lot (“Lot”), either individually or in groups. The Bidder offering the highest bid accepted by the Auctioneers shall be the Buyer (“Buyer”) of the offered Lot (“Purchase”). All sales are final and deemed made upon acceptance of bid.
3. Bidder, whether acting as principal, agent, officer, or director of a company or otherwise, in any capacity whatsoever, and the company he represents, both jointly and severally agree:
a. to indemnify and save harmless Auctioneers and its consignors (“Consignors”) from any and all actions, causes of action, suits, damages, costs and losses of any nature, arising from the Purchase or use of any item, or the attendance or participation of Bidder, his agents or employees, at the auction sale and/or on the auction site whether before, during or after the auction sale;
b.to be responsible for the payment of the purchase price, applicable fees and taxes due on all Purchases using the Bidder Number regardless of whether it is in the Bidder’s possession or not;
c. that all rights and defenses available to Auctioneers hereunder shall extend to the Consignor.
4. There shall be no guarantees or warranties, expressed or implied, statutory or otherwise of any nature whatsoever in respect of the Lots offered at the auction. Each and every Lot will be sold ‘as is, where is’. Specifically, but not without limitation, Auctioneers make no representation or warranty that any of the Lots;
a. Conform to any standard in respect of safety, pollution or hazardous material or to any standard or requirement of any applicable authority, law or regulation, or
b. Are fit for any particular purpose, or
c. Are merchantable or financeable, or
d. Are of any particular age, year of manufacture, model, make or condition.
Bidder agrees he has satisfied himself and is not relying on Auctioneers, nor are Auctioneers liable for any matter in respect to the above. Bidder further agrees to repair at his cost any Lot purchased at the auction to a safe operating condition and, without limitation, to a condition which meets any standard or requirement of an applicable authority, law or regulation including those concerning any use to which the Lot may be put.
5. If the bidder registered for this Bid card has registered at this auction under other Bid Cards, all Purchases under all Bid Cards shall be considered for the purposes of interpretation of the Terms as if purchased under a single Bid Card.
6. Auctioneers, at any time, and at their sole discretion, without notice or liability to buyer may: (a) withdraw or cancel the sale of any Lot; or (b) offer any Lots in groups or with privilege.
7. No person shall bid on any Lot: (a) of which he is the consignor; or (b) as agent, associate, or on behalf of the consignor.
8. Any dispute arising as to any bidding shall be settled by Auctioneers at their sole discretion and auctioneers may put the Lot in dispute up for sale again, Auctioneers reserve the right to refuse any bid which they consider to be an insignificant advance over the preceding bid.
9. (a) All Payments must be made by cash, bank draft, major credit card or Company cheque accompanied by a Bank letter of Guarantee acceptable to Auctioneers. Uncertified cheque will be accepted, however, no removal of any Purchase will be allowed until the cheque(s) are converted to valid cash. The Buyer assumes the responsibility of giving the Auctioneer’s confirmation from their bank that the cheque(s) have been honoured. On Auction Day: (i) Lots under $ 5,000.00 must be paid in full: (ii) for Lots over $5,000.00 an amount equal to or greater than 10% of the purchase price shall be paid and the balance due within seven (7) days of the auction date: (b) Payments received on account of this or any other auction may, at the auctioneers’ discretion, be applied to prior outstanding accounts first. Purchases will not be released until all accounts are paid.
|10. Purchases become the responsibility of and shall be at the risk of Buyer upon acceptance of his bid. It shall be the responsibility of the Buyer to insure his Purchases immediately. Auctioneers shall not be responsible for loss or damage to any Purchase|
11. Buyers shall not be entitled to possession of any of his Purchases until the total purchase price of all his Purchases, including all applicable goods, sales or use taxes, has been fully paid. In the event Buyer fails to pay the amount due within the prescribed time, or fails to comply with any terms , Auctioneers shall retain a possessory lien on all Purchases of Buyer and at Auctioneers’ sole discretion have the right to resell any Purchase, the net proceeds thereform (after deducting commission of 15% and any costs)shall be credited to the original Buyer’s account and the original Buyer shall forthwith upon demand pay Auctioneers, as damages, any deficiency arising for the resale.
12. All Purchases must be removed from the auction site within the time announced or posted at the auction site and all costs, responsibility and risk of such removal shall be borne by Buyer. The Buyer, if asking the Auctioneers to assist in the removal of any item(s) will indemnify and hold the Auctioneers and/or their staff, harmless from any resulting loss or damage to the item(s) being removed. The Buyer will supply the auctioneer proof of adequate insurance coverage for Purchases requiring dismantling, rigging or hot cutting.
13. If for any reason Buyer fails to remove any Purchase with the time specified by the Auctioneer, the Purchase shall be subject to storage charges at $40/day or as reasonably determined by the Auctioneers, and may be deemed abandoned by the Buyer. In such an event, Auctioneers, at their sole discretion, may resell per term (11) above, or remove and store the said Purchase at Buyers sole risk and expense. Buyer shall be liable for any rent incurred or damages suffered by Auctioneers because Buyer’s failure to remove any Purchase.
14. The Listing catalogue has been prepared as a guide only, based on information from sources believed to be reliable and from the consignor: however its 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 listing catalogue. Bidder acknowledges that all Lots were available for inspection prior to the auction and that it is his responsibility to inspect all equipment and to make his own inquiries prior to bidding.
15. If, for any reason, Auctioneers are unable to make available or deliver any Purchase or clear title to the same, or documentation required in respect of any Purchase, whether before or after delivery, Auctioneers’ sole liability, if any, shall be the return of monies paid in respect of such Purchase upon its return by Buyer. Any such Purchase, for which clear title cannot be provided, shall be returned and surrendered to the Auctioneers upon demand. Title and vehicle registrations will be delivered to the Buyer within (14) banking days of the termination of the sale upon payment of the full purchase price, or so soon thereafter as may be reasonably possible, it being a condition hereof that the provision of such documentation depends on their availability from the former owner
16. Buyer agrees to indemnify and save harmless the Auctioneer from any claim demand, action or suit for loss, damage or injury to a third party after the time of Purchase and before title documents have been delivered to the Buyer.
17. Bidder acknowledges that an auction site is a potentially dangerous place. Flammable, noxious, corrosive and pressurized substances are 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 Bidder shall so advise his agents and employees, No person shall have any claim against Auctioneers, their agents, employees, or principals for any injuries sustained, nor for damages to or loss of property which may occur from any cause whatsoever.
18. The bidder consents to the auctioneers using the information provided in the Bidder Contract for internal marketing purposes and to assist the auctioneers in refining and improving its services
19. These are the complete Terms and may not be amended except by agreement in writing signed by Auctioneers and the respective Buyer.