Auction Terms & Conditions
SECURITY DEPOSIT: This is an INTERNET ONLY AUCTION! All bidding activity will take place online. PLEASE NOTE: All bidders may 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 provided the purchaser has not successfully won any bids in the subject auction. Credit Cards are for deposits, but may be used for payment as well. 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, wire transfer, e-transfer (please forward to firstname.lastname@example.org), certified cheque or bank draft (payable to Haymach Canada Inc.). Please inquire if you have any questions about any of these options.
REGISTRATION: Bidders must register with third party service providers (Auction Flex and HiBid) 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 will be accepted for registration. You may see at charge from Auction Flex for a nominal amount on your credit card statement. This is to verify that the card used for registration is active. The charge will be reversed and you will never have to pay this charge. You will be required from time to time to up-date your credit card and information on file in order to keep your account current.
INVOICES & PAYMENT: Invoices will be emailed to successful bidders following the close of the auction. Emails will be sent to the email address used at registration. Payment will be accepted on Tues., January 30 from 10:00 AM - 4:00 PM. Payment Instructions will be included. *** VERY IMPORTANT PAYMENT NOTICE, PLEASE READ!!*** 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 17.5% BUYERS PREMIUM & 13% HST WILL BE CHARGED TO THE CREDIT CARD USED FOR REGISTRATION. HAYMACH CANADA OFFICE (519) 659-4644, SALES@HAYMACH.CA, OPEN M/F 9AM - 5PM (EST).
TERMS AND CONDITIONS OF THIS "ONLINE" SALE NOTICE: All bidders and other persons participating in this Internet/Online sale acknowledge that they have read and have full knowledge of the terms and conditions and agree to be bound thereby. Your e-mail address used for registration will automatically be added to our mailing list and you will receive notifications of upcoming auctions and events upon accepting these terms and conditions: 1. IDENTIFICATION - All purchasers are required to give full name, address and valid phone number. 2. REGISTRATION - All purchasers are required to register before each auction. Registration requires purchasers to provide their full name, business name, phone number & $500.00 refundable registration deposit. 3. DEPOSIT - Each purchaser will be charged a deposit of 25% of each item they purchase. The deposit will then be applied to the purchaser's 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. BIDDING & PURCHASING - All bids submitted are final and irrevocable. If you are the highest bidder and the auction house indicates the lot as sold to you, you are the new owner of that item. All sales are final. Every item becomes the responsibility of the new owner as soon as the auction house indicates that an item has been sold. If you are the highest bidder, you are responsible for insuring your purchase immediately. Buyers cannot take possession of or remove their purchases from the auction site until the total purchase price (including buyer's premium and applicable taxes or fees) has been paid in full. 5. TIME OF PAYMENT - Acceptance of payment(s) will begin following the close of the auction. 17.5% BP, 15% for cash, wire transfer, e-transfer, certified cheque or bank draft. Please inquire about any of these options. All bills + BP & H.S.T. must be paid in full by no later than 48 following the close of the auction. ALL BILLS CAN BE PAID AT 2889 Dundas Street, London ON 6. MANNER OF PAYMENT - All payments for successful bids can be made by either, cash, wire transfer, e-transfer (please forward to email@example.com), certified cheque or bank draft. Please inquire about any of these options. All cheques for deposits and balances due shall be payable to the order of HAYMACH CANADA 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 plus Buyer's Premium and HST (13%) must be paid within the time fixed and before removal of any of the goods. ALL PAYMENTS CAN BE MADE AT 2889 Dundas Street, London ON. A Paid Item Receipt will be supplied to the Purchaser and will be required in order to REMOVE Items from the Site. 7. REMOVAL - Tues., January 30 & 31 from 10 AM - 4 PM All Items left after posted, or agreed times, will result in loss of items and NO REFUNDS will be given. No lot can, on any account, may be removed during the sale. Removal shall be at the expense, risk and liability of the purchaser. Purchases will be delivered and/or shipped only upon full payment of bill(s) and a completed and signed shipping agreement(s). 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 paid for and removed within the time afore said. All gas, electrical and plumbing disconnections MUST be done by a licensed professional and all premises left in a condition that has been approved by the landlord. Once on-site; Haymach Canada Inc. and/or the Landlord are not responsible for any accidents; you and your property will have entered the premise at your own risk and will assume your own liability. 8. - CONDITION OF ARTICLES SOLD - The auctioneer shall not be responsible for the correct description, make, model, age, size, provenance, genuineness, authenticity of, defect in or any other determinative factor of 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 sale are sold "as is" and without recourse. In no event shall Haymach Canada Inc. be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. The Bidder shall be the sole judge of value. Online Bidders understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. 9. CLAIMS - No claims will be allowed after removal of goods from premises. 10. RESPONSIBILITY FOR NON-DELIVERY - Auctioneer shall not, in any event, be liable for non-delivery of 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. 11. 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 and 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. 12. RISK TO PERSON AND PROPERTY - Persons attending during exhibition, preview, sale or removal of goods assume all risks of damage or of loss to person and property and specifically release and indemnify the auctioneer, company (Haymach Canada Inc.), Landlord & Seller from liability, to the fullest extent allowed by law, for all claims and costs incurred by Auctioneer or 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. 13. ADDITION TO ADD 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 change any description of an item once posted, 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 and customer will be served, the auctioneer reserves the right to sell all the property listed, in bulk. 14. 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. 15. DISPUTE BETWEEN BIDDERS - If any dispute arises between two or more bidders, the auctioneer may decide, or put the lot up for sale again at once, and resell to the highest bidder. The auctioneer's decision shall be final and absolute. 16. 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. 17.(a) "SUBJECT TO APPROVAL - Any item being sold "Subject To Approval" cannot be concluded, and is not a binding sale until the secured lender or owner approves the sale amount. It is a legal requirement for all leasing companies to follow this simple guideline in order to be able to pursue legal action against the previous debtor for shortfalls and deficiencies. Once approved, the purchaser will be notified by email and the sale can 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. There will be no financial obligation by the high bidder until a sale can be concluded. 18. RECORDS - The record of sale kept by the auctioneer and/or bookkeeper will be taken as final in the event of any dispute. 19. AGENCY The auctioneer is acting as agent only and is not responsible for the acts of its principals. 20. 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. Buyer acknowledges and understands that the Equipment sold may be dangerous if improperly used. Buyer accepts the responsibility to ensure that the equipment they purchase complies with all health and safety requirements, electrical safety standards and all other regulations as imposed by governing laws within the country of intended use for purchased equipment. Buyer acknowledges that they 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. Haymach Canada Inc. will not be responsible for any technical difficulties or errors in online bidding the bidder may experience during the auction. The bidder agrees that everything is sold as is and that they may not return any item they purchase. Haymach Canada Inc. in conjunction with AuctionFlex and HiBid are providing internet bidding as a service to the bidder. The bidder acknowledges and understands that the online service may or may not function correctly. Under no circumstances shall a bidder have any kind of claim against Haymach Canada Inc., HiBid, AuctionFlex or anyone else if the internet service fails to work correctly. Haymach Canada Inc. will not be responsible for any missed bids from any source. All property is sold "AS IS - WHERE IS", and ALL SALES ARE FINAL.
Sebae Data Solutions, Inc.
SERVICE TERMS AND CONDITIONS
ACCEPTANCE OF TERMS
Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap
USE AND REGISTRATION
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
DESCRIPTIONS OF SERVICE
Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections.
HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION
Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions.
The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding.
INTERNET ABSENTEE BIDDING
Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction.
Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction.
Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live".
Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid.
When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels).
The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions.
Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration.
Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer
Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms.
The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal.
Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement.
The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers.
Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers.
THE WINNING BID
The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid.
NOTICE OF END OF SALE, PAYMENT & SHIPPING
After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions.
BUYER'S PREMIUM, TAXES AND DUTIES
If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it.
All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC.
LIMITATION OF LIABILITY
You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you.
You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.