Registration Terms and Conditions
The selling of all auction lots is subject to final approval from the owner. The approval process takes up to 15 days. Sold, as is where is. No warranties are implied. All units must be paid in full before being released.
WARNING: HAZARDOUS OR TOXIC SUBSTANCES MAY BE OR MAY HAVE BEEN CONTAINED IN THE EQUIPMENT, TANKS OR VESSELS THAT CONSTITUTE OR ARE INCLUDED IN THE GOODS. PURCHASER IS RESPONSIBLE FOR DETERMINING THE NATURE AND SCOPE OF ALL RESULTING RISKS, AND WITHOUT LIMITATION, ASSUMES ALL RESPONSIBILITY AND LIABILITY IN CONNECTION THEREWITH. 1. ENTIRETY AND ACCEPTANCE: Upon the Seller’s acceptance of buyer’s offer, all the terms and conditions herein constitute the entire contract for the sale and purchase of the Goods, and no other provisions have any application unless in writing, signed by the Seller and Purchaser. 2. DISCLAIMER OF WARRANTY: Purchaser purchases the Goods “AS IS, WHERE IS”. Seller has expended reasonable efforts to determine that the specifications, quantities, and condition of the Goods on the face of this Agreement and Bill of Sale are accurate but makes no warranty that the Goods conform therewith. Seller warrants only that it has good title to the Goods, that Goods are free from all liens, claims or encumbrances, and that Seller is entitled to transfer the title therein to Purchaser. Seller does not assume any liability for product defects nor provide any warranty, expressed or implied, as to the quality, kind, merchantability, fitness or condition of the Goods nor its fitness for a particular purpose. 3. PRICE, PAYMENT, AND TITLE: (a) Purchaser at its sole cost shall be responsible for, and shall pay, all taxes imposed by law and duties and other governmental levies of whatever kind imposed or levied on the sale of the Goods by Seller. (b) Purchaser may not take delivery of any of the Goods until Purchaser has paid the Seller the Total Price and applicable taxes in full. (c) Title to and risk of the Goods shall pass to Purchaser on payment to the Seller in full of the Total Price and applicable taxes, provided that if any payment amendment allows for payment terms, credit or installment payments, then unless otherwise provided in the payment amendment, title to and risk of the Goods shall pass to Purchaser on delivery of Goods to Purchaser. 4. DELIVERY: Purchaser shall take delivery of, load and remove the Goods at Purchaser’s sole cost and risk. Removal of Goods in agreed time frame is the sole responsibility of Purchaser. Seller will not provide disassembly, loading or transportation of Goods nor will Seller provide tools or shop building facilities. Purchaser agrees to comply with all Seller safety and site regulations, and all applicable requirements and will, if required by Seller, provide evidence of insurance in accordance with the requirements of Seller. 5. PURCHASER’S DEFAULTS: (a) If Purchaser fails to pay the Seller the Total Price plus all applicable taxes in full on or before the removal/delivery date specified on the face hereof (subject to any contrary arrangements in a payment amendment agreement). Purchaser shall be deemed conclusively in default, and this Contract shall terminate at 23:59 hours of the removal/delivery date. Seller shall thereafter be relieved of all obligations to Purchaser. Seller may sell the Goods to any other party at any time following termination, and if the price paid to the Seller by that party is less than the Total Price, Purchaser shall pay the Seller the amount of the difference promptly on receipt of the Seller’s demand. Termination of this Agreement and Bill of Sale as provided in this Clause 5(a) shall not prejudice any of Seller’s rights or remedies against Purchaser in respect of Purchaser’s default. (b) If after payment for the Goods, Purchaser fails to remove Goods from Seller’s premises by the removal/delivery date, Seller may store the Goods or have them removed to Purchaser’s premises, all at Purchaser’s sole cost. Seller shall have no responsibility or liability to Purchaser for damage to the Goods, however incurred, as the result of the Seller taking such action. Purchaser shall reimburse Seller promptly for all costs and expenses Seller incurs in taking such action. 6. BROKERAGE: Any brokerage fees levied or incurred in any manner in respect of this sale and purchase of Goods shall be exclusively for Purchaser’s account, and Seller shall have no responsibility or liability whatever in respect thereof. 7. INDEMNITY: (a) Purchaser shall: (i) be liable, and shall reimburse Seller promptly, for all loss, costs, damage, and expenses Seller may incur or pay; and (ii) indemnify and hold Seller harmless against all liability, claims and causes of action whatsoever asserted or brought against Seller, for or in respect of injury to or the death of any persons, or damage to or loss or destruction of property (including that of Seller, its employees, agents and contractors) arising in any manner whatever out of either this sale of Goods or any use, handling, transportation or storage of the Goods and whatever hazardous or toxic substances or chemicals they may contain. (b) The provisions of this clause 7 shall survive the closing or termination of this Agreement and Bill of Sale. 8. MISCELLANEOUS: (a) This Agreement and Bill of Sale is governed by the laws of the Province of Alberta. (b) Time is of the essence hereof. (c) Seller’s right to require strict compliance or performance shall not be affected by any previous waiver or course of dealing.
