Auction Terms & Conditions
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.
4. Bryan's will accept Visa and Mastercard, chip cards only. A 3% DISCOUNT to the buyer's premium will apply for those invoice(s) paid in full by Debit, Wire Transfer, E-transfer, Company Cheque with prior approval from Bryan's, Bank Draft, w/ issuing Bank's verbal approval.
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 item that is purchased and paid for at auction but not claimed within fourteen (14) days of the auction, will be deemed abandoned by the buyer. Bryan's will exercise its right to resell the item for storage/administrative fees. No compensation will be due the buyer in this circumstance. Bryan's will provide one formal notification to the buyer for a remove by date. The email/telephone number provided at the last auction will be used by Bryan's for this notification.
7. Please inspect your purchase prior to buying it. The purchaser shall be deemed to have inspected the equipment and/or lot(s) and have carefully read the description of the respective equipment and/or lot(s) to their full satisfaction before making their bid(s).
8. 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.
9. 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).
10. 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.
11. 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 auction extension.
12. 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.
13. 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.
14. In the event the Buyer pays for their entire purchase after the date set by the Auctioneer, a late fee of $75.00 will be applied to the outstanding balance.
15. Should the debt remain unpaid Bryan's reserves the right to use paralegal and/or lawyer assistance to take action to remedy its situation. This may include referral of the file to a collection agency which will reflect on the Buyer's credit standing. You understand and agree that failure to pay the invoice issued to you by Bryan's Auction Services may result in the notification of the Credit Bureau. Claims against the buyer will include but not be limited to: any deficiency in the reselling price of the item; daily storage fees; reinstatement fees and any legal fees incurred by the Auctioneer.
16. 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).
17. All used vehicles will need work for safety certificates and or mechanical fitness. Buyers are strongly encouraged to inspect the equipment and vehicles to their own satisfaction before bidding.
.18. 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.
19. Ownerships will be transferred into the registered buyer's name, once the item is paid in full. The transfer will be completed within 6 business days of payment. Temporary permits may be available for vehicles. Please discuss this with the Office Manager.
20. 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 fork lift or heavy lifting assistance. All other items must be loaded by the buyer.
21. No person shall bid on any lot for which they are the consignor or an agent or associate of the consignor.
22. 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.
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.