Auction Terms & Conditions AGREEMENT is defined as this & MIRACOM SYSTEMS MARKETING GROUP INC.
BIDDER’S BINDING AGREEMENT.
AUCTIONEER is defined as MIRACOM SYSTEMS MARKETING GROUP INC. DBA RESTAURANTLIQUIDATIONS.COM acting as the auctioneer of LOTS, Seller of LOTS, and who may from time to time be the legal owner of LOTS.
BIDDER is defined as the individual, sole proprietor, limited partnership, partnership, limited liability company, corporation, trust, administrator, agent, executor, legal representative, assignee, successor in interest, trustee, trustor, officer, director, manager, or any and all other types or forms of business entities not specifically identified herein as well as the authorized signor on behalf of the business entity that enters into this AGREEMENT by REGISTERING TO BID. BIDDER by complying with the terms of this AGREEMENT shall be authorized by AUCTIONEER, at AUCTIONEER’S sole discretion, to bid on LOTS.
BUYER PREMIUM is defined as a percentage of the final bid that is added to the bid price. Example with 18% Buyers Premium: Bidder bids $100.00. Bidder is invoiced $118.00 plus applicable sales tax.
LOTS are defined as any items, of any type whatsoever, offered by AUCTIONEER to be bid upon by BIDDERS at the time of any auction or other sale conducted by AUCTIONEER.
OWNER is defined as any person or entity, of any type whatsoever, who is the legal owner of any items at the time that AUCTIONEER places said items into LOTS to be bid upon by BIDDERS.
THIS AUCTION WILL BE CONDUCTED PER THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT AND SUPERSEDED BY ALL OTHER PROVISIONS, AMENDMENTS, MODIFICATIONS AND ANNOUNCEMENTS ADDED BY AUCTIONEER AT ANYTIME PRIOR TO OR DURING THE AUCTION SALE AND/OR AS POSTED ON RESTAURANTLIQUIDATIONS.COM
BIDDER HEREBY AGREES AND ACKNOWLEDGES AUCTIONEER IS NOT RESPONSIBLE OR LIABLE FOR BIDDER’S ACKNOWLEDGMENT OF ANY SUCH ANNOUNCEMENTS AND BIDDER ASSUMES ALL RISKS AND LIABILITIES ONCE IT BIDS.
SPECIFIC TERMS & CONDITIONS
If this is an INTERNET ONLY AUCTION all bidding activity will take place online.
PLEASE NOTE- Security Deposit: All bidders will be required to pay a Credit Card (CC) Security Deposit of $500.00 in order to be a “qualified” bidder. The deposit shall be completely refundable in the instance the bidder has not successfully won any bids in the subject auction.
Credit Cards will be accepted for bidder deposit, and may be used for payment as well up to $500.
When a bidder has successfully bid on items, once they are paid for in full, the deposit will be reversed, and made void. All payments for successful bids can be made by either, cash, Interac transfer, certified cheque, bank draft, or wire transfer.
Registration: Bidders must register prior to bidding. All bidders must complete the registration form provided including name, company (if applicable), mailing address, and phone number. Bidders are also required to provide a valid email address. Credit card info is required at the time of registration. Visa or MasterCard credit cards will be accepted for registration.
Invoices: Invoices will be emailed/provided to successful bidders following the close of the auction. Payment Instructions will be included.
IT IS THE RESPONSIBILITY OF THE BUYER TO MAKE PAYMENT OR PAYMENT ARRANGEMENTS WITH OUR OFFICE WITHIN 24 AFTER THE AUCTION ENDS. SHOULD YOU FAIL TO DO SO, YOUR FULL INVOICE AMOUNT PLUS 18% BUYERS PREMUM WILL BE CHARGED TO THE CREDIT CARD USED FOR REGISTRATION. YOU CAN REACH THGE RESTAURANT LIQUIDATIONS OFFICE AT (416) 798-4398 EXT 350, OPEN M/F 9AM – 5PM (EST) OR VIA EMAIL AT CHECKOUT@RESTAURANTLIQUIDATIONS.COM
NOTICE: All bidders and other persons participating in this SALE/AUCTION acknowledge that they have read and have full knowledge of all terms and conditions and agree to be bound thereby.
1. IDENTIFICATION – All purchasers are required to give full name and address.
2. REGISTRATION – All Bidders are required to register before each auction. At the time of registration, we collect information about you to verify who you are before you can bid. We collect credit card information to ensure that you are a qualified buyer. All bidders must be of legal age to bid. In the event that you are not comfortable (or can’t ie. no credit card) with registering online you may leave a $500 deposit via etransfer to bid. By registering you agree to receive emails sent to registered bidders for the auction you register for and any 2nd, 3rd parts etc. Registered bidders are not able to opt out of these emails but you will only receive emails for the auction you registered for or any related auctions. You may opt out of general emails by clicking on the “Unsubscribe” link found at the bottom of the email. If the link is not at the bottom, it is an email you cannot unsubscribe from. You give your consent to receive these particular emails by registering.
3. DEPOSIT – Each purchaser will be charged a deposit of 25% of each item they purchase. The deposit will then be applied to the purchasers final invoice as a deposit towards the total owing amount, unless the purchaser chooses to pay through another method in which case the charges will be refunded upon completion of payment.
4. TIME OF PAYMENT – Acceptance of payment(s) will begin following the close of the auction. An 18% Buyers Premium will be added to purchase totals paid by credit card / 15% Buyers Premium will be added to purchase totals paid by Cash, Certified Cheque, Bank Draft, Interac or Wire Transfer. All bills must be paid in full within 24 hours of an Auction’s Ending. ALL BILLS CAN BE PAID ONLINE OR AT THE AUCTION SITE.
4a. LOAD-OUT FEES – Each lot description will detail the associated LOAD-OUT FEE for each specific lot. The LOAD-OUT FEES will be added to the purchase totals and represent the fees to transport lots to the loading dock for pickup. Where applicable utility disconnect fees will be incorporated into the LOAD-OUT FEES and will also be detailed in the lot description. NOTE – In the instance a LOAD-OUT FEE is not detailed in the lot description all rigging and site removal for items not detailed with load-out fees is the responsibility of the buyer. All riggers or buyers who will be removing items requiring rigging and/or utility disconnects will need to provide a certificate of insurance that is acceptable to Restaurant Liquidations. Removal will begin when the auction sale has been completed and payment in full has been received.
*** IF PAYING AT THE AUCTION SITE … WE ACCEPT CASH, CERTIFIED CHEQUES, & BANK DRAFTS
5. REMOVAL – FROM RESTAURANT LIQUIDATIONS, 181 Bay Street, TORONTO, ON, or any other auction location WILL BE BY APPOINTMENT ONLY, AS POSTED.
All Items left after posted, or agreed pickup times, will result in loss of items and NO REFUNDS will be given. No purchased lot can, on any account, be removed during the sale. Removal shall be at the expense, risk and liability of the purchaser. Purchases will be delivered to the loading dock/pickup area only on presentation of paid bill. Auctioneer shall not be responsible for goods not removed within the time allowed, but shall have the option to remove and store at the expense and risk of the purchaser any article purchased, but not removed within the time aforesaid.
6. MANNER OF PAYMENT – Certified Cheque, Money Order, Cash, Wire Transfer or E-Transfer. All cheques for deposits and balances due shall be payable to the order of MIRACOM SYSTEMS MARKETING GROUP INC. All bills must be paid to representatives of the auctioneer unless otherwise announced. The full purchase price on all lots sold to the same buyer must be paid within the time fixed and before removal of any of the goods. ALL PAYMENTS CAN BE ONLINE OR AT THE AUCTION SITE AT 181 Bay Street, TORONTO, ONTARIO, CANADA. In order to participate in the auction, all BIDDERS must provide AUCTIONEER a 25% deposit in cash, cashier’s check, INTERAC transfer, wire transfer or bank draft. Credit cards are not acceptable form of payment and will not be accepted for invoice totals greater that $500. The final payment in full of BIDDER’S invoice must be received by AUCTIONEER within the first banking day 24 hours after the auction or BIDDER will be in default of the BIDDER TERMS AND CONDITIONS. AUCTIONEER will charge BIDDERS a taxable surcharge BUYERS PREMIUM on AUCTIONEER’S invoice to BIDDER. BIDDER shall provide proof satisfactory to AUCTIONEER of BIDDER’S entitlement to claim exemption from sales tax. BIDDER’S proof of any claimed tax exemption must be representative of the same industry as the LOTS purchased. In the absence of proof satisfactory to AUCTIONEER, BIDDER shall pay all taxes. AUCTIONEER is not responsible for any government fees, taxes, registration, licensing, penalties, or any other fees. AUCTIONEER is not responsible for any inaccuracies regarding LOTS of any kind INCLUDING THE DESCRIPTIONS ON THE FINAL INVOICE..
7. CONDITION OF ARTICLES SOLD – The auctioneer shall not be responsible for the correct description, genuineness, authenticity of, or defect in any lot, and makes no warranty in connection therewith. No sale will be set aside nor allowance made on account of any incorrectness, error in cataloguing, or any imperfection not noted. No deduction is allowed on damaged articles, all goods being exposed for public exhibition, and sold “as is where is” and without recourse. ALL LOTS ARE SOLD WITH ALL FAULTS WITHOUT EXCEPTION AND WITH REMOVAL FROM THE AUCTION PREMISES OR STORAGE SITE AT BIDDER’S SOLE RISK AND EXPENSE. AUCTIONEER MAKESNO REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE NATURE, QUALITY, DURABILITY, CAPABILITY, FUNCTION, PERFORMANCE, VALUE, FITNESS FOR A PARTICULAR PURPOSE, OR CONDITION OF THE LOTS BEING AUCTIONED OR THE LOTS SUITABILITY FOR ANY USE, PURPOSE, OR OTHERWISE. AUCTIONEER EXPRESSLY AND SPECIFICALLY DISCLAIMS, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE LOTS.AUCTIONEER makes no representations, warranties, promises, covenants or guarantees, expressed or implied, as to defects in, fitness for a specific purpose, or the completeness or accuracy of the description in any advertising of any LOTS being auctioned and is not responsible for any advertising discrepancies, descriptions, nomenclature or inaccuracies of any kind including but not limited to descriptions, age, year of manufacturer, model, make or otherwise INCLUDING THE DESCRIPTION CONTAINED IN FINAL INVOICE. AUCTIONEER shall not knowingly misrepresent the nature of any LOTS or LOTS to be sold at auction, including, but not limited to, age, authenticity, value, condition, or origin INCLUDING THE DESCRIPTION CONTAINED IN THE FINAL INVOICE.All descriptions, photographs, slide shows, advertising, lot catalogs, or any other source of information (oral or written) concerning the LOTS provided by AUCTIONEER or otherwise obtained by a BIDDER from a source other than AUCTIONEER are subject to additions deletions, changes, and modifications at any time prior to AUCTIONEER knocking down the LOTS or declaring the LOTS sold to BIDDER INCLUDING THE DESCRIPTION CONTAINED IN THE FINAL INVOICE.BIDDER expressly acknowledges and agrees that no sale of any LOTS may be invalidated by a BIDDER because of an unintentional error, inaccuracy, or other fault in any of the above described information INCLUDING DESCRIPTION CONTAINED IN THE FINAL INVOICE.BIDDER hereby expressly acknowledges and agrees that the above described information has been prepared for informational purposes only and shall not and may not be relied upon by BIDDER for any purpose, including (without limitation) accuracy, fitness for a specific purpose, or completeness INCLUDING THE DESCRIPTION CONTAINED IN THE FINAL INVOICE. By bidding, BIDDER represents, warrants, covenants and agrees that BIDDER is relying upon BIDDER’S own investigation, inspection, research, and analysis of the LOTS for which a bid has been submitted and is not in any way relying upon any of the above information provided by AUCTIONEER or any other third party INCLUDING THE DESCRIPTION CONTAINED IN THE FINAL INVOICE. THE AUCTIONEER HAS NO OBLIGATION TO PROVIDE ANY PASSWORD, LICENSE, TECHNICAL SUPPORT, OR OTHER TECHNOLOGY-RELATED SERVICE, PRODUCT, OR THING ASSOCIATED WITH ANY LOT OR ITEM. AUCTIONEER encourages BIDDER to avail itself of the opportunity to make inspections prior to bidding and/or purchasing any LOTS. BIDDER hereby acknowledges that it has inspected, had the opportunity to inspect, and/or voluntarily waived the opportunity to inspect all of the LOTS upon which it will be bidding and/or purchases INCLUDING THE DESCRIPTION CONTAINED IN THE FINAL INVOICE. Once AUCTIONEER knocks down the item or declares it sold to BIDDER, there are no credits, returns, exchanges, refunds or rebidding. No claim will be considered for allowance or rescission of any sales based upon failure of the LOTS to correspond with any standard expected by BIDDER INCLUDING THE DESCRIPTION CONTAINED IN THE FINAL INVOICE.
8. CLAIMS – No claims will be allowed after removal of goods from premises.
9. RESPONSIBILITY FOR NON-DELIVERY – Auctioneer shall not, in any event, be liable for non-delivery or for any other matter or thing, to any purchaser of any lot, other than for the return to the purchaser of the deposit or sum paid on said lot, should the purchaser be entitled thereto.
10. COMPLIANCE WITH TERMS OF SALE – In default of payment of bills in full within the time therein specified, the auctioneer, in addition to all other remedies allowed by law, may retain all monies received as deposit or otherwise, as liquidated damages. Lots not paid for or removed within the time allowed herein may be resold at public or private sale without further notice, and any deficiency, together with all expenses and charges of re-sale, will be charged to the defaulting purchaser.
11. RISK TO PERSON AND PROPERTY – Persons attending during exhibition, sale or removal of goods assume all risks of damage or of loss to person and property and specifically release and indemnify the auctioneer & Seller from liability, to the fullest extent allowed by law, for all claims and costs incurred by Seller in connection with any loss, damage or injury to person or property arising in connection with the equipment sold hereunder. Neither the auctioneer nor his principal shall be liable by reason of any defect in or condition of the premises on which the sale is held.
12. ADDITION TO OR WITHDRAWAL FROM SALE – The auctioneer reserves the right to withdraw from sale any of the property listed or to sell at this sale property not listed, and also reserves the right to group one or more lots into one or more selling lots or to subdivide into two or more selling lots. Whenever the best interest of the Seller will be served, the auctioneer reserves the right to sell all the property listed, in bulk.
13. SALE BY ESTIMATED WEIGHT, COUNT OR MEASURE – Where items are sold by estimated weight, count or measure, the purchaser will be billed for and required to pay for the estimated weight, count or measure. If, upon delivery, any shortage exists, the purchaser will receive a refund at the rate of purchase. If there be an excess, the purchaser will be required to take and pay for such excess, at the rate of purchase.
14. RESERVE – The auctioneer reserves the right to reject any and all bids. On lots upon which there is a reserve, the auctioneer shall have the right to bid on behalf of the seller.
14.(a) “SUBJECT TO APPROVAL”” – Any sale for any item being sold “Subject To Approval” is not considered concluded, and does not represent a binding sale on the part of the Restaurant Liquidations until such time as the consignor and/or Restaurant Liquidations approves the high bid and/or sale amount.
The sell through/approval rate for assets sold on a “Subject To Approval” basis is typically over 90%. Typically approvals processing is concluded within 24-48 hours from the close of auction. Once approved, the purchaser will be notified by Restaurant Liquidations and the sale will be concluded. If not approved, the high bidder will have the opportunity to increase their bid, if they wish to do so, until an agreement can reached. The only binding financial obligation on the part of the high bidder for an item detailed as “Subject to Approval” is represented by their high bid amount and only if approved.
15. RECORDS – The record of sale kept by the auctioneer and/or bookkeeper will be taken as final in the event of any dispute.
16. AGENCY – The auctioneer is acting as agent only and is not responsible for the acts of its principals.
17. ADDITIONAL TERMS AND CONDITIONS – The auctioneer may add other terms and conditions of sale, such additional terms and conditions to be announced prior to the auction.
18. Buyers acknowledges and understands that the Equipment sold may be dangerous if improperly used. Buyer acknowledges that it must contact the original manufacturer to obtain up-to-date instructions and operation manuals and other information to insure the safe operation of equipment. Auctioneer and Seller will not be responsible for any loss or injury resulting from defects or alleged defects in the Equipment or from the subsequent use of the items.
19. AUCTIONEER at its sole discretion may deny entry, registration or bidding at any time to any person or entity. BIDDER paddles and invoices are nontransferable. All bids made by the holder of the bid paddle are the responsibility of the BIDDER. All sales are final and there are no refunds, returns, credits, exchanges or rebids once AUCTIONEER knocks down the LOTS or declares LOTS sold to BIDDER.
BIDDER is defined as the individual, sole proprietor, limited partnership, partnership, limited liability company, corporation, trust, administrator, agent, executor, legal representative, assignee, successor in interest, trustee, trustor, officer, director, manager, or any and all other types or forms of business entities not specifically identified herein as well as the authorized signor on behalf of a business entity that agrees to all Terms and Conditions detailed herein by registering as a Bidder.A Bidder, by complying with the Terms and Conditions of the Auctioneer shall be authorized by AUCTIONEER, at AUCTIONEER’S sole discretion, to bid on LOTS.
BUYER PREMIUM is defined as a percentage of the final bid that is added to the bid price. Example with 18% Buyers Premium: Bidder bids $100.00. Bidder is invoiced $118.00 plus applicable sales tax.
LOAD-OUT FEE is defined as a handling fee that is added to the bid price of each lot.
LOTS are defined as any items, of any type whatsoever, offered by AUCTIONEER to be bid upon by BIDDERS at the time of any auction or other sale conducted by AUCTIONEER.
SELLER is defined as any person or entity, of any type whatsoever, who is the legal owner of any items at the time that AUCTIONEER places said items into LOTS to be bid upon by BIDDERS.
THIS AUCTION WILL BE CONDUCTED PER THE TERMS AND CONDITIONS SET FORTH HEREIN AND SUPERSEDED BY ALL OTHER PROVISIONS, AMENDMENTS, MODIFICATIONS AND ANNOUNCEMENTS ADDED BY AUCTIONEER AT ANYTIME PRIOR TO OR DURING THE AUCTION SALE AND/OR AS POSTED ON RESTAURANTLIQUIDATIONS.COM BIDDER HEREBY AGREES AND ACKNOWLEDGES AUCTIONEER IS NOT RESPONSIBLE OR LIABLE FOR BIDDER’S ACKNOWLEDGMENT OF ANY SUCH ANNOUNCEMENTS AND BIDDER ASSUMES ALL RISKS AND LIABILITIES ONCE IT BIDS.
BIDDER agrees a successful bid at auction constitutes a legally binding contract of sale and AGREEMENT is binding upon BIDDER for all amounts due and owing at the conclusion of bidding and/or time of invoice.
BIDDER AND BIDDER ALONE ACKNOWLEDGES THAT BIDDER IS RESPONSIBLE FOR INSPECTING LOTS TO SATISFY BIDDER AS TO LOTS CONDITION, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR FOR ANY OTHER REASON BEFORE A BID IS MADE ON ANY LOTS BY BIDDER. INSPECTIONS ARE AVAILABLE PRIOR TO THE AUCTION END BY APPOINTMENT AND CAN BE BOOKED ONLINE AT RESTAURANTLIQUIDATIONS.COM OR VIA EMAIL TO RESPONSETEAM@RESTAURANTLIQUIDATIONS.COM
BIDDER hereby waives, releases, remises, acquits and forever discharges AUCTIONEER, and its respective employees, agents, or any other person acting on behalf of AUCTIONEER, of and from, any claims, actions, causes of action, demands, rights, damages, costs, expenses or compensation whatsoever, direct or indirect, known or unknown, foreseen or unforeseen, which BIDDER now has or which may arise in the future on account of or in any way arising out of or connected with any defects, latent or otherwise, the physical condition of any LOTS purchased, or any law, statute, or regulation applicable thereto.BIDDER shall indemnify and hold AUCTIONEER, and its respective employees, agents, or other persons acting on behalf of AUCTIONEER against any claims, actions, causes of action, demands, rights, damages, costs, expenses or compensation whatsoever, direct or indirect, known or unknown, foreseen or unforeseen, which the undersigned now has or which may arise in the future on the account of or in any way arising out of or connected with any defects, latent or otherwise, or the physical condition of any LOTS purchased or any law or regulation applicable thereto.
LOTS are subject to cancellation and withdrawal from the auction without prior notice. AUCTIONEER reserves the right to augment this auction with LOTS from additional sellers. These additional LOTS may be interspersed and not specifically identified throughout the auction. AUCTIONEER shall regulate all matters relating to the conduct of the auction and AUCTIONEER’S decisions shall be final and binding on all BIDDERS. AUCTIONEER reserves the right to group, regroup, reduce, add to or delete LOTS as well as accept or reject any or all bids at AUCTIONEER’S sole and absolute discretion. AUCTIONEER reserves the right to offer any or all LOTS in bulk at any time during the auction at AUCTIONEER’S sole and absolute discretion. AUCTIONEER shall determine the bidding increments and AUCTIONEER reserves the right to bid on any LOTS at AUCTIONEER’S sole and absolute discretion.
Changes in Circumstance: All aspects of this auction are subject to change without notice. The AUCTIONEER reserves the right to – at any time and in the AUCTIONEER’S sole and absolute discretion – (a) add or remove items from the auction, (b) split or combine lots, (c) add minimum bids or reserve prices, (d) cancel, suspend, extend, or reschedule the sale of an individual item, lot, auction, and/or auction event, (e) make changes to the auction’s closing, inspection, or removal times, or (f) take any other action the AUCTIONEER deems necessary to effect the fair conduct of this sale or protection of buyers’, sellers’, or other parties’ interests. In the event a seller withdraws an item from this auction prior to the close of the auction, the AUCTIONEER may leave the item on the catalog and buy the item back on behalf of the seller to establish the AUCTIONEER’S earned commission and the buyer’s premium due to the AUCTIONEER’S from the seller.
Immediately upon AUCTIONEER announcing sold or knock down by AUCTIONEER, BIDDER shall be the purchaser of the LOTS and thereafter the LOTS shall become the sole and absolute responsibility of BIDDER. BIDDER shall thereupon and thereafter assume all risk of loss (including but not limited to loss by way of theft or damage) and liability relating to the LOTS. BIDDER is advised to pre-arrange insurance coverage for BIDDER’S purchases as there will be no refunds for missing, lost, damaged or stolen LOTS unless and only at AUCTIONEER’S sole discretion. AUCTIONEER shall in no event be liable to BIDDER for any damages, costs, or fees associated with the non-delivery of any LOTS except for the return to BIDDER of the deposit or other sums paid for such non-delivered LOTS. The non-delivery period extends from the AUCTIONEER’S knock down until the conclusion of time allotted for BIDDER’S removal of LOTS. In no event shall the AUCTIONEER’S liability to BIDDER exceed the amount actually paid by BIDDER for the LOTS.
BIDDER HEREBY ACKNOWLEDGES AND AGREES THAT AUCTIONEER SHALL NOT BE LIABLE FOR SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES.
Title to and possession of LOTS shall not pass to BIDDER until AUCTIONEER has received payment in full for all LOTS purchased by BIDDER. All LOTS and the entirety of BIDDER’S invoice require payment in full prior to AUCTIONEER releasing any LOTS. If all LOTS are not paid in full by BIDDER for any reason, and BIDDER has provided AUCTIONEER any monetary consideration, AUCTIONEER will retain all LOTS and any and all monetary consideration paid by BIDDER to mitigate AUCTIONEER’S financial damages caused by BIDDER. If after the subsequent mitigation amounts (if any) received by AUCTIONEER exceed the amount of BIDDER’S invoice and costs incurred by AUCTIONEER fees, AUCTIONEER will refund such amounts to BIDDER once determined by AUCTIONEER in AUCTIONEER’S sole discretion. BIDDER hereby agrees LOTS purchased at this auction will be invoiced in totality, although in some cases separately priced on the invoice, the total amount due AUCTIONEER of BIDDER’S invoice is deemed a single AGREEMENT in the event of a legal dispute.
If for any reason BIDDER fails to pay the full amount of BIDDER’S invoice within the first banking day (24 hours after the auction), and/or fails to remove all of BIDDER’S LOTS on or before the date posted on BIDDER’S invoice or otherwise booked and confirmed by Restaurant Liquidations staff, and/or fails to comply with any other terms and conditions of this AGREEMENT, all LOTS on the BIDDER’S invoice will be considered abandoned and AUCTIONEER in AUCTIONEER’S sole discretion and without further notice to BIDDER may remove, dispose of, scrap, resell at public or private sale, any or all LOTS . BIDDER agrees to pay AUCTIONEER, as applicable, any monetary mitigation deficiency and costs as a result thereof, including all removal, rent, lay and hold over fees, and any other fees or costs associated with AUCTIONEER’S loss. BIDDER understands and acknowledges that there is sufficient consideration by both parties to perform, and that if payment in full is not made within the specific time outlined in this AGREEMENT, BIDDER agrees to be bound by a “consent judgment” and is in violation and in default of this AGREEMENT. By signing below BIDDER consents to the terms of a judgment entered against BIDDER and hereby waives BIDDER’S rights to any court proceeding. In addition, relating to such disposition of LOTS, together with all charges, including attorney’s fees, arbitration fees, interest and any and all other expenses in connection with such disposition, plus a $500.00 per diem administrative fee per LOTS until such LOTS are removed. Bidder agrees that AUCTIONEER may retain all deposits previously received and apply all such deposits to any deficiency without further notice to BIDDER. BIDDER agrees that “TIME IS OF THE ESSENCE” in regards to AGREEMENT regarding payment of BIDDER’S invoice and removal of BIDDER’S LOTS. For purposes of clarity, BIDDER further acknowledges and agrees AUCTIONEER will be monetarily damaged for the subsequent disposal of any LOTS for any reason and that BIDDER is responsible to pay AUCTIONEER for all of the above costs, damages, fees, any other such monetary mitigation deficits, damages known and unknown, and any and all other monies expended by AUCTIONEER to collect and enforce this AGREEMENT. Any and all monetary damages caused by BIDDER’S actions or lack of action regarding LOTS AUCTIONEER become the debt of BIDDER.
AUCTIONEER DOES NOT WARRANT AND HEREBY DISCLAIMS THAT THE FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE ONLINE OR WEBCAST BIDDING PLATFORM OR SOFTWARE, INCLUDING ANY THIRD-PARTY SOFTWARE, PRODUCTS OR OTHER MATERIALS USED IN CONNECTION WITH THE WEBSITE OR BIDDING WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. AUCTIONEER RESERVES THE RIGHT TO ACCEPT AND OR REJECT AND OR REMOVE ANY ELECTRONIC BIDS FOR ANY REASON AT ANY TIME IN AUCTIONEER’S ABSOLUTE AND SOLE DISCRETION. BIDDER AGREES ALL OF BIDDER’S ELECTRONIC BIDS ARE BINDING REGARDLESS OF ORDER AND OR TIME IN WHICH THE BIDS ARE ACCEPTED OR REJECTED.
No Liability for Site Malfunction: You understand that this auction is online-only, and so relies on devices, software, and programs that may malfunction without warning.? You agree that the Auctioneer will not be liable for any error or inconvenience that may be the result of such a malfunction.? You further understand and agree that the Auctioneer may void or suspend any sale, or resell any item if the Auctioneer determines a transaction to have been affected by any site malfunction or human error relating to the site. In no event will the Auction Host have any duty or responsibility to the bidder not directly related to the function of the site. Auctioneer does not promise that the website, or any content, service, or feature of the website and/or any software or application of the website (collectively “Services”) will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Services will provide specific results. Auctioneer cannot guarantee the continuous operation of or access to its Services. Bid update and other notification functionality on the website may not occur in real time and is subject to delays beyond Auctioneer’s control. You understand and agree that you are making use of the Services at your own risk and that the Services are delivered on an “as-is” and “as-available” basis. Accordingly, to the extent permitted by applicable law, Auctioneer disclaims all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. To the extent permitted by applicable law, Auctioneer is not liable, and you agree not to hold Auctioneer responsible, for any damages or losses (including but not limited to any special, indirect, incidental, or consequential damages), resulting directly or indirectly from: (i) the content you provide (directly or indirectly) using the Services; (ii) your use of or your inability to use the Services; (iii) delays or disruptions in Services; (iv) viruses or other malicious software obtained by accessing or linking to Services; (v) glitches, bugs, errors, or inaccuracies of any kind in Services; and (vi) damage to your hardware device from the use of any Service. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. You assume total responsibility for your use of the website, and your sole remedy against Auctioneer for dissatisfaction with the Services is to stop using the website or any such Services. Regardless of the previous paragraphs, if Auctioneer is found to be liable, Auctioneer’s liability to you or to any third party is limited to the refund of your purchase price.
TERMS AND CONDITIONS FOR DISCONNECT AND REMOVAL
AUCTIONEER WILL DETAIL THE COST OF DISCONNECT AND REMOVAL TO SITE LOADING DOCK FOR EACH LOT WITHIN THE LOT DESCRIPTION AND IT SHALL BE DETAILED AS THE “LOAD-OUT FEE”
For items without a load-out fee detailed within the lot description, wherein the Auctioneer is not offering disconnect or removal services, the Auctioneer may, as a courtesy only, provide contact information for riggers, machinery movers or other service providers. AUCTIONEER is not affiliated with, nor shall AUCTIONEER be responsible or liable for the action of, any rigger, machinery mover or other service provider utilized by a BIDDER or BIDDER’S authorized representative. AUCTIONEER may require the use of one or more specific riggers, machinery movers or other service providers at the premises at which LOTS are located. Such a requirement does not constitute a guarantee or endorsement by AUCTIONEER.
All electrical disconnect, liquid removal, rigging, loading, broom cleaning, trash & debris removal, floor stud removal and transportation are the sole and absolute responsibility of BIDDER. BIDDER agrees to remove all of BIDDER’S purchased LOTS in full, with no abandonment privileges from the premises on or before the date on the BIDDER’S invoice.
No LOTS, no matter how small, may be removed while the auction is in progress.
BIDDER must present AUCTIONEER’S personnel with proof of valid worker’s compensation insurance and a commercial general liability insurance certificate in a minimum amount of $2,000,000.00 combined single limit per occurrence coverage naming AUCTIONEER, Landlord, and/or Property Owner as additional insured and provide proof of auto liability coverage prior to removing lots.
Should any pits, floor bolts or hazards of any type exist after removal of equipment, it is BIDDER’S responsibility, at BIDDER’S cost, to reasonably safe guard these areas using generally accepted safety practices, such as safety tapes, pipes or bars welded in place or suitable safety barriers acceptable to AUCTIONEER. All floor bolts and/or anchoring fasteners are to be cut flush to the floor and the area left broom clean and all debris removed. It is the responsibility of BIDDER to be sure that power to the LOTS is off and then to safely disconnect all electrical wiring and utility piping from the LOTS and to cap at the first electrical or air junction of the LOTS.
LOTS are to be staged for loading in the area assigned by AUCTIONEER’S personnel.
It is BIDDER’S responsibility to secure all safety equipment to meet all applicable government safety standards in using or removing any LOTS purchased. Certain LOTS may contain residual chemicals and/or hazardous materials. Bidder hereby agrees to indemnify and hold harmless AUCTIONEER, Landlord, and/or Property Owner from any and all damages, claims, liabilities from any injuries to persons, or damage to property of any type whatsoever caused by BIDDER, its agents, employees, or contractors during the sale, during the removal, use, or operation of the LOTS purchased. Any hydraulic fluid removal and/or oil leaks are BIDDER’S responsibility to remove and clean up. BIDDER takes full responsibility for compliance with all applicable Provincial, Federal, and Local environmental laws, statutes, regulations, rules, and/or ordinances and shall exercise reasonable care to ensure that there is no release to the environment of any hazardous wastes or substances as defined in applicable Provincial, Federal, and Local laws, statues, regulations, rules, and/or ordinances.
BIDDER shall not allow any trucks to be left running in an enclosed building or structure.
AUCTIONEER is not liable for BIDDER’S personal belongings left on premises.
Any surface or structural damage to the premises including but not limited to the walls, ceilings, floors, overhead doors, gates and/or any other item(s), etc. are the BIDDER’S sole responsibility. BIDDER will not be permitted to leave with LOTS until all repairs are made to the premises.
Theft will not be tolerated, and AUCTIONEER reserves the right to inspect all trucks, toolboxes, rigger cases, and any and all other vessels within which LOTS could be placed prior to leaving the premises. Instances of theft will result in immediate termination of auction privileges, removal from the premises, and AUCTIONEER shall file the appropriate report with local law officials and seek prosecution thereof. BIDDER shall check all LOTS quantities prior to removal from the premises. No adjustments will be made after LOTS assets have been removed from the auction premises.
These terms and conditions together with any amendments or modifications, expressly made by AUCTIONEER at the time of the auction constitute all the terms and conditions with respect to the sale of items at this auction. There are no representations, warranties, terms, conditions, undertakings or collateral agreements accept as herein-above provided. The LOTS specific Seller is a third-party beneficiary to the terms and conditions of this AGREEMENT and is entitled to the rights and benefits hereunder, and may enforce the provisions hereof as if it were a signatory hereto.
Severability – If any provision of this AGREEMENT as applied to either party or to any circumstance shall be adjudged by a court to be void and unenforceable, the same shall in no way affect:
A. Any other provision of this Agreement
B. The application of such provision in any other circumstances
C. The validity or enforceability of this AGREEMENT as a whole.
Binding on Successors – This AGREEMENT and the covenants and conditions contained herein shall apply to, be binding upon and inure to the administrators, executors, relatives of the parties, assignees, successors, agents and assigns of the parties hereto.
Construction – This AGREEMENT shall not be construed against the party preparing it, but shall be construed as if both parties jointly prepared this AGREEMENT and any uncertainty and ambiguity shall not be interpreted against any one party.This AGREEMENT is to be performed in the Province of Ontario and is to be interpreted, enforced and governed by and under the laws of the Province of Ontario.
Time is of the Essence – Time is of the essence for the performance of each and every covenant and the satisfaction of each and every condition contained in this AGREEMENT.
Further Documents – The parties shall execute and deliver all documents and perform all further acts that may be reasonably necessary to effectuate any of the provisions within this AGREEMENT.
Suspension of BIDDER Privileges: You understand and agree that any violation of these Terms and Conditions of this AGREEMENT may result in the AUCTIONEER suspending your online bidding privileges indefinitely. Nothing in this paragraph will limit the AUCTIONEER’S right to any other remedies at law or in equity.
BIDDER, by registering to bid, hereby expressly represents, warrants, covenants and agrees that BIDDER has received, read, fully understands, accepts and hereby acknowledges and agrees to be legally bound by all of the Terms & Conditions of this AGREEMENT as stated above and shall be bound by and comply in all respects with and shall be liable for breaches of the forgoing terms and conditions and further hereby agrees to abide by any and all posted notices and announcements made hereafter pertaining to the terms and conditions of this auction sale whether present or not by BIDDER’S ELECTRONIC ACCEPTANCE by registering to bid.
Seller User Terms
Bidder User Terms