TERMS AND CONDITIONS OF AUCTION SALE
It is your responsibility to know exactly how this online auction works and to ensure that the items that you bid on will meet your needs. Bryan's does not provide warranties, guarantees or exchange privileges. All items are sold in an "As-is Where-is" basis.
As a condition of registration, all prospective bidders agree that they have the capacity to independently contract with Bryan's on any purchases made. This will require each registrant to have reached the age of majority and acknowledge that they are at least eighteen years of age.
PLEASE ENSURE THAT YOU READ THE VIEWING, LOAD-OUT AND LAST DAY FOR PAYMENT BEFORE LATE FEES APPLY, TIMES POSTED ONLINE FOR EACH AUCTION
1. Remember that when you register for a Bryan's Timed Online Auction your registration name will appear on the invoice if you make a purchase. REGISTER in the name that is to appear on your invoice. ALL SALES ARE FINAL AND AS SUCH ALL INVOICES ARE FINAL. NO INVOICE or BIDDER REGISTRATION will be changed or altered after the fact, in any way. Once the bidder registration form has been completed online in full and submitted, and you have been approved to bid by Bryans, you will then have confirmed and agreed to the following Terms and Conditions of Sale. Bryan's Auction Services Ltd. (as the Auctioneers) reserve the right to approve a registration, refuse a registration for bidding and/or revoke the respective registration at any time.
2. Your password, along with your email address or user name will allow you to log into our auction and bid.
3. A twelve percent (12%) buyer's premium is in effect on all items at every Bryan's auction sale. Please note that the buyer's premium is a taxable service.
4. Bryan's will accept Visa and Mastercard payments via our self serve portal, etransfer, or wire transfer & direct deposit payments only. No in person payments will be accepted.
5. All registered bidders are held personally liable and financially responsible for any and all bids placed with their respective "Bidding Number". By virtue of you accepting Bryan's Terms and Conditions of Sale, you are agreeing to pay the bid amount, in addition to the Buyer's Premium and Harmonized Sales Tax ("HST"), within the timeline dictated by the Auctioneer. Bidders may be exempt from certain taxes, only on condition that they can provide appropriate proof to Bryan's that they have an exception status for that item. This may take the form of a status card or bill of lading.
6. Any catalogue description of equipment and/or lot(s) is merely a guide and may contain errors or incorrect information. The Auctioneers make NO representation whatsoever with respect to any degree of accuracy as it pertains to the year of manufacture, odometer and/or hour meter that may be indicated on any lot. NO sale shall be invalidated by reason of any defect or inaccuracy in any of the lots. Bryan's maintains the right to add or delete any lots during the Auction.
7. When the auction of the item that you are bidding on closes, you agree that you have entered into a binding contract with Bryan's Auction Services Ltd. for the purchase of the specific lot(s).
8. Each item in this online auction has a specific time when the bidding will close. Please ensure that you check the closing times on the items you wish to bid on. You will not be able to bid from your watchlist during the final 2 minutes of an item. Please ensure during closing you are bidding from the live catalogue.
9. If a buyer enters a bid at the last minute of the auction, the ending time of the auction will automatically be extended by one minute until one bidder remains. This is referred to as a "soft close" or bid extension.
10. All sales are final and all purchased equipment and/or lot(s) must be paid in full to Bryan's Auction Services Ltd. The buyer agrees that all items offered at auction are strictly sold on an "AS IS" basis. Bryan's Auction Services Ltd. will not warranty or guarantee any item in the sale. All items purchased must be removed by the date and time stated by the Auctioneer. No item will be removed by the buyer without full payment being made and an appropriate release is obtained by the buyer. Any items not removed from the property within 14 days of payment will be deemed abandoned, and considered forfeited to Bryan's Auction Services Ltd. To dispose of as necessary.
11. All Buyers agree to insure their purchased equipment as against any and all losses subsequent from the auction date until the removal of the equipment and/or lot(s) from the auction sale site.
12. All Vehicles are sold "As Is". An "As Is" vehicle is by definition not in a roadworthy condition, mechanically sound or maintained at any guaranteed level of quality. The vehicle may not be fit for use as a means of transportation and may require repairs at the buyer's expense. It may not be possible to register the vehicle to be driven in its current condition. All bidders must inspect the vehicles and equipment to their own satisfaction before bidding. All vehicles are sold without warranty or guarantee and with all defects as presented to the buyer. All risk associated with the purchase lies with the buyer. The Auctioneer will not be held accountable for any discovered defect unless the item was misrepresented. The Auctioneer will be guided by the rules and governance of the Ontario Motor Vehicle Industry Council (OMVIC).
13. All used vehicles will need work for safety certificates and or mechanical fitness. Bryan's does not have a mechanic who performs inspections.
14. Temporary permits to allow a vehicle to be driven for up to 10-days MUST be obtained by Bryan's. Customers cannot obtain these permits on their own. Service Ontario will issue temporary permits for vehicle ownerships that are in a "Fit" status. A Service Ontario fee of $80.00 will be collected by Bryan's for this service. All vehicles with ownerships in "Unfit" status must be towed from Bryan's property. Bryan's will not allow an "unfit" vehicle to be driven off its property.
15. Trailer plates to allow a trailer to be towed from the Bryan's yard must be requested at the time of payment. A Service Ontario fee of $45.00 will be collected by Bryan's for this service. A trailer plate will be obtained in the registered buyers name at the time of ownership transfer.
16. Ownerships will only be transferred into the registered buyer's name, once the item is paid in full. The transfer will be completed within 14 business days of payment. Temporary permits & trailer plates may be available for certain lots, these must be requested at time of payment. All ownerships will be mailed to the registered buyer, unless a plate has been requested.
17. All items purchased by the buyer are the responsibility of the buyer and must be removed by the buyer. Bryan's Auction Services Ltd. will assist with the loading of certain pieces requiring forklift or heavy machine loading. All other items must be loaded by the buyer. If you do not bring adequate assistance for loading your purchases you will be required to reschedule your pick up appointment.
18. No person shall bid on any lot for which they are the consignor or an agent or associate of the consignor.
19. The catalogue is purely a guide. It is based on information from sources believed to be reliable and from the consignor; however, its accuracy cannot be guaranteed by Bryan's. No refunds or returns will be offered at this time. All purchases are as is, and final sale.
20. All Lumber is sold in as is condition. Strapping and wrapping is not removed to verify quality of the lumber consigned. Bryan's takes all measures possible to ensure quality of consigned lumber, however any condition issues arising from pieces within a lift/bundle will not be deemed reason for refund or discount of purchase price. All measurements are standard milled lumber dimensions unless otherwise stated.
21. Any item described as "Demo Model" may have some minor damages, fluids in the engine block (i.e., gas, oil, etc...), grass clippings, missing parts, or usage markings suggesting they were used to demonstrate. Any condition issues arising from pieces detailed as "Demo Model" are not subject to refund and are sold "as-is".
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