TERMS AND CONDITIONS OF SALE
Persons participating in the auction shall be bound
by ALL of the following terms and conditions, which are subject to
amendments and modifications by the Auctioneer at the time of auction.
(1) This catalogue is meant merely as a guide. The Auctioneer believes
the descriptions contained herein to be correct, but make no warranty in
connection therewith.
(2) Auctioneer reserves the right to sell subject to reserve and to bid
for its own account and for the accounts of others, whether by verbal or
written proxy, all lots are subject to prior sale.
(3) The Auctioneer reserves the right to refuse any applicant the
privilege of bidding or attending at the auction and may revoke such
privilege at any time.
(4) All Articles will be sold to the highest bidder conforming to the
bid process, provided that the Auctioneer reserves the right to sell
articles by individual, group lots and “in bulk,” as he deems
appropriate. The Auctioneer reserves the right to sell on behalf of
third parties, its own account or on the account of others. Should any
dispute arise between two or more bidders or as to any bid, the lot in
question may, at the Auctioneers discretion, be immediately put up again
and resold. The Auctioneer shall regulate all maters relating to the
conduct of the auction and his decision shall be final and binding on
all bidders. The record kept by the clerk of sale, shall in all cases be
accepted by the bidder as final.
(5) All sales shall be concluded as indicated by the Auctioneer and no
Purchaser may thereafter revoke his bid. Title to the lots purchased
shall not pass until payment in full of the purchase price is received.
(6) ALL SALES ARE FINAL, ON AN “AS IS WHERE IS,” “IN PLACE”
“WITH ALL FAULTS” BASIS WITH NO CONDITIONS OR WARRANTIES WHETHER
EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT
LIMITATION, WARRANTIES OR CONDITIONS, AS TO TITLE, DESCRIPTION, FITNESS
FOR PURPOSE, QUANTITY, QUALITY, MERCHANTABILITY, STATE, CONDITION,
LOCATION OR OTHERWISE. NO SALE SHALL BE INVALIDATED AND THE AUCTIONEER
SHALL HAVE NO LIABILITY FOR A MISDESCRIPTION OF ANY ARTICLE OR LOT
WHETHER CONTAINED IN A CATALOGUE, ADVERTISEMENT, OR OTHERWISE.
DESCRIPTIONS HAVE BEEN PREPARED FOR GUIDE PURPOSES ONLY AND SHALL NOT BE
RULED UPON BY THE PURCHASER FOR ACCURACY OR COMPLETENESS. PLEASE INSPECT
ALL ITEMS BEFORE BIDDING. PURCHASERS SHALL BE DEEMED TO HAVE RELIED
ENTIRELY UPON THEIR OWN INSPECTIONS AND INVESTIGATIONS.
(7) A deposit of equal to 25 percent of the purchases shall be made at
the time of sale. The balance of the purchase price must be paid in full
before or immediately after the conclusion of the auction. All payments
shall be made by way of cash, certified cheque or letter of credit
payable to CIACPCC Inc. Deposits on account of
purchases may be made in advance of the auction and the balance thereof
will be refunded immediately after the auction. The Auctioneer reserves
the right to put articles back up for auction if deposit is not received
at or before the time of sale.
(8) No article shall be removed unless paid for in full and articles
purchased shall be removed within the guidelines and terms stipulated.
The Purchaser shall be responsible for all the costs of removal and
shall be liable for all damages, including without limitation, any
environmental damage, caused during or as a result of the removal.
Purchasers shall comply with all environmental laws and regulations
including requirements as to bonding of movers. No claims shall be
allowed after removal of the purchased article.
(9) Where available, documents of transfer, including motor vehicle
ownership documents, which are in possession of the Auctioneer, will be
provided to the Purchaser following the auction or as soon thereafter as
such documents are available.
(10) No purchaser may assign, transfer or dispose of his rights in any
article purchased before he has paid the purchase price in full.
(11) Purchasers shall pay applicable federal and provincial taxes, or
furnish exemption certificates at the time of payment for goods
purchased. All purchases are subject to Federal Goods and Services Tax (G.S.T.)
at all times. No exceptions whatsoever.
(12) Time shall be of the essence. If a Purchaser fails to make payment
of remove goods within the time periods hereinabove provided, the
Auctioneer may resell the article purchased by auction, private contract
or otherwise, as the Auctioneer in his discretion deems advisable, and
the Purchaser shall be liable for the shortfall and all costs expenses,
including but not limited to interest rates (a minimum of 1.5% per month
or 18% per annum), legal fees, moving and storage (a minimum rate of
$2.00/sq.ft. per month) and commissions, incurred such as resale.
(13) The Auctioneer assumes no responsibility or any liability once
title passes, which occurs at time of payment in full. Purchasers are
advised to prearrange for insurance coverage of their purchase. Title
will revert to the seller in the event purchaser does not remove his
purchases by the time specified.
(14) If the Auctioneer is unable to deliver an article sold to a
Purchaser due to fire, theft or any other reason whatsoever, the
Auctioneer shall reimburse the Purchaser for all monies paid to the
Auctioneer in respect of the article and the Auctioneer shall have no
further liability to the Purchaser arising from or relating to such
loss, including without limitation, any damages or loss of profits.
(15) Bidders acknowledge that any auction site is a potentially
dangerous place with noxious, corrosive and pressurized substances being
present, heavy equipment being operated and electric circuits being
live. Every person 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/her agents
and employees. No person shall have any claim against the auctioneer,
his agents, employees or principals for any injuries sustained for
damages to or loss of property which may occur from any cause
whatsoever.
These terms and conditions together with any amendments or modifications
expressly made by the Auctioneer at the time of auction constitute all
the terms and conditions with respect to the sale of articles at this
auction. There are no representations warranties, terms, conditions
undertakings or collateral agreements except as herein provided.
EQUIPMENT REMOVAL PROCEDURES
The following are the applicable procedures and terms and conditions for the removal of equipment or other items purchased at a CIACPCC Inc. sale:
1. All invoices must be paid in full prior to removal of equipment. Each
invoice must be marked “Paid in Full” and initialed by an authorized
CIACPCC Inc. representative.
2. No business cards are to be placed on items purchased until after
they are sold and paid for in full.
3. All buyers are solely responsible for the removal of items purchased
by them.
4. Buyers are responsible for, at their expense:
(a) proper and safe disconnection and termination of
all electrical, gas, water and/or air lines to machines as instructed or
directed by an authorized CIACPCC Inc. representative;
(b) shearing flush to the floor of all anchor bolts or fasteners;
(c) erecting safety barriers around pits and holes in the floor created
by removal of equipment until repaired (see next);
(d) repair, in a first class, proper workmanlike manner, all holes in
the floor or roof created by the removal of items purchased;
(e) removing, off premises, all hazardous materials (including all
contaminants) contained in items purchased;
(f) repairing, in a first class, proper workmanlike manner, all damage
caused to the premises by a buyer, its representative or any other party
hired by a buyer for the removal of items purchased;
(g) leaving the work area in a clean, broom-swept condition;
(h) any other specific terms and conditions communicated by CIACPCC Inc.
before, during or after the auction sale;
(i) removal of items purchased by the time and date set by CIACPCC Inc.
before, during or after the auction sale; and
(j) the safety of all of a buyer’s employees, agents or
representatives including all movers/riggers hired by such buyer.
4. Prior to removal, all buyers, or any movers or
riggers hired by a buyer, much provide to CIACPCC Inc. a certificate of
insurance evidencing at least $1,000,000 in comprehensive liability
insurance coverage (including workers compensation and automobile) per
person, per occurrence.
5. Where applicable, bridge cranes and/or hoists shall only be used by
certified crane operators with insurance coverage satisfactory to
CIACPCC Inc. and only with CIACPCC Inc.’s prior written consent.
6. Prior to removal, an authorized CIACPCC Inc. representative must examine
and approve the removal of all items purchased at the sale. Such
approval shall be indicated by this representative initialing all
invoices.
7. No items shall be removed until after the auction sale.
8. Buyers and their movers/riggers are jointly and severally liable for
all damages, costs and expenses to the premises or any other assets
which were caused by any of them, their employees, agents or
representatives whether through negligence or otherwise. The Buyer
indemnifies and safes CIACPCC Inc. harmless from any and all costs, expenses
and claims suffered or incurred by CIACPCC Inc. as a result of any act or
omission of such buyer and/or any mover or rigger retained by a buyer.
NO ITEMS SHALL LEAVE THE PREMISES UNTIL THE ABOVE
HAS BEEN COMPLIED WITH TO CIACPCC's Inc. SATISFACTION.
NOTE: Buyers, please provide all movers or riggers hired by you with a copy of these procedures/terms and conditions as you will be held liable for their conduct.
