Auction Terms & Conditions
Information & Special Terms
Internet Buyer's Premium: 15 %
Harmonized Sales Tax: 15% - Tax shall be applied to the total invoice, including Buyer's Premium
Participation Requirements: Valid Credit Card required for bidding approval
Payment Options: Visa, MasterCard, Money Order, Bank Draft and Wire Transfer
Payment Instructions: A valid credit card is required to bid at this auction. All payments must be made within 48 hours of the sale for online bidders or make arrangements with Woody’s Auctions Ltd. If payment is not made within 48 hours the bidders credit card will be charged unless other arrangements have been made with Woody’s Auctions.
***********THIS AUCTION IS IN CND DOLLARS**************
All items in the auction are subject to a 15% internet buyers premium. Direct Deposit, Wire Transfer, Bank Draft, or Certified Cheque. Payments can be made by Cash, Interac, Visa, MasterCard, Bank Draft, Direct Deposit, Wire Transfer, or Certified Cheque.
Currency Type: CAD
Shipping Instructions: All items must be removed from auction premises within 3 business days. $15/day per lot may be charged to those lots not removed within the specified 3 day removal period. Bill must be paid in full before any lots may be loaded or removed from auction premises.
Preview Date & Times: Please contact the auction company for preview dates and times
Checkout Date & Times: Please contact the auction company for checkout dates and times.
Auction Location: 35 Henri Street, Saint Antoine New Brunswick
Special Terms of Sale
**********THIS AUCTION IS IN CND DOLLARS**********
1. All potential Purchasers must register at this auction.
2. The highest bidder will be the Purchaser and no bidder shall retract their bid(s). All sales are final.
3. Any dispute arising as to any bidding will be determined by the Auctioneer at his/her discretion and, at the Auctioneers discretion, the Auctioneer may immediately put the lot in dispute up for sale again.
4. The Auctioneers reserve the right to refuse any applicant a bidding card for the privilege of bidding by number at the auction sale and/or revoke such privileges at any time.
5. Purchases become the responsibility of the Purchaser upon award of the bid. It shall be the responsibility of the Purchaser to insure their purchases immediately; as such purchases remain at the sole risk of the Purchaser.
6. For any lot(s) as determined by the Auctioneers, the Purchaser may be required to pay a deposit of 25% of the purchase price in cash on award of the bid. The balance of the purchase price must be paid on or before the termination of the auction sale, unless otherwise specified. In default of the deposit by the Purchaser, the Auctioneers may, immediately put the lot up for sale again.
7. Complete settlement of all purchases is to be made within 48 hours of the sale. All settlements are to be by cash, certified cheque, bank draft, interac, Visa, MasterCard, cheque if accompanied by a letter of guarantee from either a Canadian Class A bank or a major finance company. Uncertified cheques will be accepted, however, no removal of any purchases will be allowed until the cheque(s) are converted to valid cash. The Purchaser assumes the responsibility of giving the Auctioneers confirmation from their bank that the cheque(s) have been honoured.
8. The Purchaser agrees to pay, in addition to the purchase price of the item(s), buyers premium and all government taxes that are announced or posted by the Auctioneers for this particular auction sale. Such notification of applicable taxes will be made at the commencement of the sale, as part of the catalogue for this particular sale, and/or any combination of the aforementioned as the Auctioneers see fit.
9. The Purchaser will not be entitled to possession of any of the said lot(s) purchased until the total purchase price of all the lot(s) have been fully paid. In the event the Purchaser fails to pay the full purchase price for any lot(s) within the prescribed time, or fails to comply with any of the Terms of Sale, the Auctioneers will retain their possessory lien to the lot(s) and will have the right to dispose of the lot(s) in any manner the Auctioneers, in their discretion, may deem appropriate without not of any kind to the Purchaser. Should the Auctioneers resell any lot(s), the net proceeds there from (after deducting 20% commission and all storage costs) shall be credited to the original Purchasers account and the original Purchaser shall forthwith pay upon demand to the Auctioneers, as liquidated damages, any deficiency arising from the resale.
10. All costs and the responsibility of removal will be borne by the Purchaser. The Purchaser, if asking the Auctioneers to assist in the removal of any item(s) will indemnify and hold the Auctioneers and/or their staff harmless from any resulting loss or damage to the item(s) being removed. The Purchaser will supply the Auctioneers proof of adequate insurance before the removal of item(s) that require dismantling, rigging or hot cutting. The Purchaser agrees to indemnify and save harmless both the Seller and the Auctioneers against any damage caused by the acts of the Purchaser and/or their agent(s) in connection with the dismantling or removal of any lot(s).
11. All lot(s) must be removed within the time announced or posted at the sale, at the Purchasers sole cost and risk and only in a manner approved by the Auctioneers. If the Purchaser fails to remove the lot(s) within the specified time, Woody’s Auctions Ltd. may apply a $15/day per lot charge for storage or the the lot(s) shall be deemed abandoned. The Auctioneers, at their sole discretion, may dispose of the lot(s) without notice or compensation to the Purchaser.
12. No sale shall be invalidated by reason of any defect or inaccuracy in any of the lot(s) by reason of their being incorrectly described in the catalog and no liability shall be borne by the Auctioneers in respect of any such faults or errors. Catalogs have been prepared only as a guide and by making their bid(s), the Purchaser shall be deemed to have inspected the equipment fully and to their entire satisfaction. In particular, the Auctioneers make no representation that any year of manufacture, odometer or hour meter attached to any particular lot(s) may indicate, with any degree of accuracy, the year, actual distances traveled or hours used.
13. Except as herein set out, there shall be no guarantee or warranties expressed or implied, statutory or otherwise of any nature whatsoever. Each and every item is sold on the condition that it may not be fit for use and that certain repairs may be needed to be done by the Purchaser (at the Purchasers expense) to make the item (s) usable or roadworthy. Specifically, but not to restrict the generality of the foregoing, the Auctioneers make no representation that any of the lot(s), the subject of the 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 for any particular usage, or c) are merchantable or financeable, or d) are of any particular age, year of manufacture, make, model or condition.
14. If, for any reason, the Auctioneers are unable to make available or deliver any purchase or clear title to the same, or documentation required in respect of any purchase, whether before or after delivery, the Auctioneers sole liability, if any, shall be the return of monies paid in respect of such purchase. Any delivered purchase shall be returned or surrendered upon demand by the Auctioneers prior to the return of payment.
15. Unless specified, Title and vehicle registrations will be delivered to the Purchaser within (14) banking days of the termination of the auction sale upon payment of the full purchase price set out above in clause 7.
16. The Purchaser shall be deemed to have inspected the lot(s) to their full satisfaction before making their bid(s).
17. These Terms Of Sale may not be amended except by agreement in writing signed by the Auctioneers and the respective Purchaser.
18. The Purchaser and/or their agent(s) or representative(s) acknowledges that an auction site is a potentially dangerous place. Flammable, noxious, corrosive and pressurized substances may be present. Heavy equipment is being operated and electrical circuits may be 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 premises, the activities on the premises and the conduct of third parties. 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.
19. Interest at the rate of 24% per anum will be charged on overdue accounts owing to the Auctioneers. 20 . If the Bidder registered for this Bid Card has registered at this auction under other Bid Cards, all purchases under all Bid Cards shall be considered for the purposes of interpreting the Terms, as if purchased under a single Bid Card. Auctioneers, at any time, and at their sole discretion, without notice or liability to buyer may: (a) withdraw or cancel the sale of any Lot, or (b) offer any Lots in groups or with privilege No person shall bid on any Lot: (a) of which he is the consignor; or (b) as agent, associate, or on behalf of the consignor.
21. EVERY ITEM SOLD AS IS - WHERE IS. NO GUARANTEES OR WARRANTIES WHATSOEVER. PLEASE INSPECT THE EQUIPMENT BEFORE BIDDING. ALL SALES ARE FINAL.
If you agree to the terms and conditions above you may register for this event. Registering for this event means you agree to both the Live Auction World website terms and conditions and also Woody’s Auctions Ltd. terms and conditions for this auction.
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.