TERMS OF SALE
1. Any disputes rising as to any bidding shall be settled by the Auctioneers at their sole discretion and the Auctioneers may, immediately, put the lot in dispute up again for sale. The Auctioneers reserve the right to refuse any bid which they consider to be an insignificant advance over the preceding bid.
2. The Auctioneers reserve the right to refuse any applicant for a bidding card the privilege of bidding at this auction sale and to revoke such privilege at any time.
3. Purchases become the responsibility of and shall be and remain at the risk of the Purchaser immediately upon acceptance of his/her bid. It shall be the responsibility of the Purchaser to insure his/her purchase immediately.
4. All payments must be made to the Auctioneers by cash, VISA, MasterCard, American Express, or pre-approved cheque. All lots must be paid in full when recieved. No purchases may be removed until paid in full.
5. For any major lot as determined by the Auctioneers, the Purchaser shall pay a deposit of the purchase price on acceptance of the bid and the balance of the purchase price within 2 hours of the termination of the auction, unless otherwise specified. In default of the deposit by the Purchaser, the Auctioneers may, immediately, put the lot in default up for sale.
6. All applicable sales taxes will be added to the purchase price of all taxable purchases.
7. The Purchaser shall not be entitled to possession of any of his/her purchases until the total purchase price of all these purchases has been fully paid. In the event the Purchaser fails to pay the full purchase price for any lot within the prescribed time, or fails to comply with any other terms of sale, the Auctioneers shall retain a possessory lien on all lots of the Purchaser, and have the right to resell such lots for and on behalf of the Purchaser by public or private sale without notice of any kind to the Purchaser. Should the Auctioneers resell any lot, the proceeds therefrom (after deducting commission of 30% of any costs) shall be credited to the original Purchaser's account and the original Purchaser shall forthwith upon demand, pay the Auctioneers, as damages, any deficiency arising from the resale.
8. 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 the Purchaser and, in every case, the Purchaser shall use prudence in effecting such removal. The Auctioneers reserve the right to require proof of adequate insurance coverage from any Purchaser of lots requiring dismantling, rigging, or hot cutting. Purchaser agrees to indemnify and save harmless both the Consignor and the Auctioneers against any damage caused by the acts of the Purchaser and/or his/her agents in connection with the dismantling or removal of any lot. If for any reason the Purchaser fails to remove any lot within the time specified, the lot shall be deemed abandoned, and the Auctioneers at their sole discretion may resell per term (7) above, or remove and store the said lot at Purchaser's sole risk and expense. In addition, Purchaser shall be liable for any rent incurred or damages suffered by the Auctioneers because of Purchaser's failure to remove any lot.
9. No sale shall be invalidated by reason of any defect or inaccuracy in any of the lots by reason of their being incorrectly described in this Listing Catalogue or elsewhere and no liability shall be borne by the Auctioneers in respect of any such faults or errors. These Listing Catalogues have been prepared only as a guide based on information from sources generally believed to be reliable from the Consignor but the accuracy thereof cannot be guaranteed or warranted by the Auctioneers. Bidder acknowledges that it is his/her responsibility to inspect all items and to make his/her own inquiries.
10. There shall be no guarantees or warranties, expressed or implied, statutory or otherwise of any nature whatsoever. Each and every lot shall be sold as, where is". Specifically, but not to restrict the generality of the foregoing, the Auctioneers make no representation or warranty that any of the lots the subject of this auction:
(a) conform to any safety or pollution standard or to any other
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.
A Purchaser is deemed to have accepted a lot when he/she makes a bid.
11. If, for any reason whatsoever, the Auctioneers are unable to clear title to any lot, or provide and necessary documentation required in respect of any lot, whether before or after delivery of such lot, the Auctioneers' sole liability, if any, shall be the return of any monies paid on such lot upon return of the particular lot. Any lot the subject of this paragraph shall be returned or surrendered to the Auctioneers forthwith upon demand, such demand to be at the sole option of the Auctioneers .
12. If, for any reason other than those set out in term (11), the Auctioneers are unable to make available or otherwise deliver any lot to a Purchaser, the Auctioneers' sole liability, if any, shall be the return of any monies paid on such lot. Auctioneers shall not be responsible for any loss or damage to any lot.
13. All persons at the Auction Site before, during, and after the auction sale shall be deemed to be there at their own risk with notice of the condition of the premises, the activities on the premises and the conduct of third parties and the Bidder shall so advise his agents and employees. No person shall have any claim against the 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.
14. A Purchaser is deemed to have accepted the terms above when he/she signs for the bidding card.
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