1. Graham Auctions (Auctioneers) hereby grants to the party whose signature apprears on the Bidder's Registration Agreement (Bidder), the right to use the number shown hereby for the purpose of bidding at an auction sale to be conducted by Auctioneers. Such right is granted at the Auctioneer's sole discretion and may be revoked at any time.
2. Bidder acknowledges he has received, read and understands these terms printed on the inside back cover of the Listing Catalogue or presented in our other notices and agrees to comply with and be bound by such.
3. The Auction will be conducted by offering in the terms by lot (Lot), either individually or in groups. The bidder offering the highest bid accepted by the Auctioneers shall be the purchaser (Purchaser) of the offered lot. Purchaser accepts a lot when he makes a bid. All sales are final.
4. Bidder, wheteher acting as principal, agent, officer or director of a company of otherwise, in any capacity whatsoever, and the company he represents, both jointly and severally agree:
(a) to indemnify and save harmless Auctioneers and its consignors from any and all actions, causes of action, suits, damages, costs and losses of any nature, arising from the attendance or participation of Bidder, his agents or employees, at the auction sale and/or on the auction site whether before, during or after the auction sale.
(b) to be responsible for the payment of the purchase price and taxes due on all Bidder's purchases.
5. Some items in this Auction may be subject to a reserve.
6. The bidder grants to the Auctioneers a security interest in the Purchases, to secure payment of the purchase price. In the event of non-payment, the Auctioneers may proceed to file the Bidder Registration Agreement as a financing statement to perfect the security interest granted by this Security Agreement.
7. There shall be no guarantees or warranties, expressed or implied, statutory or otherwise of any nature whatsoever in respect of the Lots offered at the auction. Each and every Lot will be sold "as is where is". Specifically, but without limitation, Auctioneers make no representation or warranty that any of the Lots:
(a) Conform to any standard in repect of safety, pollution or hazardous material or to any standard or requirement of any applicable authority, law or regulation, or
(b) are fit for any particular purpose,
(c) are mechantable or financeable, or
(d) are of any particular age, year of manufacture, model, make or condition.
Bidder agrees he has saisfied himself and is not relying on Auctioneers, nor are Auctioneers liable, for any matter in respect of the above. Bidder further agrees to repaie at his cost, any lot purchased at the auction to a safe operating condition and, without limitation, to a condition which meets any standard or requirement of any applicable authority, law or regulation including those concerning any use to which the lot may be put.
8. Bidder acknowledges that an auction site is a potentially dangerour place. Flammable, noxious, corrosive, and pressurized substances are present, heavy equipment is being operated an electric may be live. Every person at the auction site at any time, shall be there at his own risk with notice of the condition of the premises and the activities thereon and Bidder shall so advise his agents and employees. No person shall have any claim against Auctioneers, their agents and employees, or Principals for any injuries sustatined, nor for damages to or loss of property which may occur from any cause whatsoever.
9. Auctioneers may, at anytime, at their sole discretion and without notice or liablitiy to Bidder:
(a) withdraw or cancel the sale of any Lot, or
(b) offer any Lots in groups or with privilege.
10. Any dispute arising as to any bidding shall be settled by Auctioneers at their sold discretion and Auctioneers may put the Lot in dispute up for sale again. Auctioneers reserve the right to refuse any bid which they consider to be an insignificant advance over the preceding bid.
11. Purchases become the responsibility of and shall be at the risk of Purchaser upon acceptance of his bid. It shall be the responsibility of Purchaser to insurehis purchases immediately, Auctioneers shall not be responsible for loss or damage to any Purchase.
12. All payments must be made to Auctioneers by cash, certified cheque or regular cheque accompanied by a bank gurantee acceptable to Auctioneers. Lots under $10,000 must be paid in full on day of the auction. For Lots over $10,000 Purchaser price, must be paid in full within 2 business days of the auciton.
13. Purchaser shall not be entitled to possession of any of his Purchases until the total purchase price of all his Purchases invluding all applicable goods, sales or use taxes, has been fully paid. In the even Purchaser fails to comly with any Terms , Auctioneers at their sole discretion have the right to resell such Purchases by pulic or private sale without notice to Purchaser. Should Auctioneers resell any Purchase, the net proceeds therefrom (after deducting commissions of 14% any any costs) shall be credited to the original Purchasers account and the original Purchaser shall forthwith upon demand pay Auctioneers, as damages, any deficiency arising from the resale.
14. All purchases must be removed from the auction site within the time announced or posted at the auction site an all costs, responsibilty and risk of such removal shall be borne by Purchaser. Purchaser shall use prudence in effecting such removal. Auctioneers reserve the right to require proof of adequate insurace coverage from any Purchaser for Purchases requiring dismantling, rigging or hot cutting. Purchaser agrees to indemnigy and save harmless both consignor and Auctioneers against any damage caused by the act of Purchaser and/or his agents in connection with the dismantling or removal of any Purchase. If for any reason Purchaser fails to remove and store the said Prucahse at Purchasers sole risk and expense. Purchase shall be liable for any rent incurred or damages suffered by Auctioneers beacuse of Purchasers failure to remove any Purchase.
15. The Listing Catalogue has been prepared as a guide only, based on information from sources believed to be reliable and from the Consignor; however, its accuracy cannot be guaranteed or warranted. No sale shall be invalidated; nor shall Auctioneers be liable as a result of defects or inaccuracies in the Listing Catalogue. Bidder ackowledges that all Lots were available for inspection prior to the Auction and that it is his reponsibility to inspect all equipment and to make his own inquiries prior to bidding.
16. If, for any reason, Auctioneers are unable to make available or deliver any Purchase or clear title to the same, or documentation required in respect of any Pircjase, wheter before or after deliver, Auctioneers sole liablity, if any shall be the return of monies paid in respect of such purchase upon its return by Purchaser. Any such Purchase shall be returned or surrendered upon demand by Auctioneers.
17. Interest on overdue amounts will be paid by Purchaser at a rate of 18% per annum or at such other maximum rate as allowed by law, together with any legal or collection costs incurred by Auctioneers.
18. Upon Purchases arranging for and assuming all risk and costs associated therewith to Auctioneers satisfaction, Auctioneers will ship Purchases to, and give physical possession at a destination specified by Purchaser.
19. These are the complete Terms and may not be ameded except by agreement in writing signed by the Auctioneers and the respective Purchaser.
20. All bidders are subject to pay a Buyer's Premium as follows:
(a) 10% for our regular Miscellaneous Auctions
(b) 10% on the first $5000 and 2.5% on the balance to a maximum of $1000, per item, for our Heavy Equipment and Industrial Sales.
(c) Vehicles Buyer's Fee Schedule per vehicle:
(i) Purchase Price between $0-999 is a $60 fee.
(ii) Purchase Price between $1000-1999 is a $100 fee.
(iii) Purchase Price between $2000-2999 is a $140 fee.
(iv) Purchase Price between $3000-3999 is a $180 fee.
(i) Purchase Price between $4000-4999 is a $220 fee.
(vi) Purchase Price between $5000 and over is a $260 fee.
(d) All internet bidders will be subject to an additional 2% fee in addition to the above described Buyers Premiums.