Auction Terms & Conditions
15% Buyers Premium plus HST
Auction Location - 100 Kellogg Lane, London (The items are located on 100 Kellogg Lane, London)
Bidding opens Thursday November 1st
Online Only Auction - Bidding will start to close Thursday November 8th @ 6 PM (**All items must be paid for by 3 pm on Friday November 9th
Removal: Friday November 9th (10 am - 5 pm)
ALL ITEMS MUST BE REMOVED BY FRIDAY NOVEMBER 9TH BEFORE 5 PM
(We will dispose of any items remaining 1 week after the auction if not picked up during the specified pick up time.)
REGULAR PICK UP SCHEDULE AT 100 KELLOGG LANE
MONDAY - PICK UP 10 AM - 5 PM
TUESDAY - PICK UP 10 AM - 5 PM
WEDNESDAY - CLOSED
THURSDAY - VIEWING ONLY (NO PICK UP) (12 PM - 5 PM)
FRIDAY - PICK UP 10 AM - 5 PM
IF YOU ARE A SUCCESSFUL BIDDER, WE WILL ASSUME YOU ARE PAYING BY CREDIT CARD AND CHARGE YOUR CREDIT CARD THE TOTAL INVOICE ***(UNLESS YOU PUT IN THE AUCTIONEER NOTES WHEN YOU REGISTER THAT YOU ARE PAYING CASH, DEBIT OR ETRANSFER)
YOU WILL RECEIVE AN UNPAID INVOICE BY EMAIL AFTER THE SALE CLOSES OR A PAID RECEIPT DEPENDING ON HOW YOU LET US KNOW YOU WERE PAYING
WE CANNOT TAKE PAYMENT AT AUCTION SITE - THE INVOICE MUST BE PAID BY 3 PM ON FRIDAY NOVEMBER 9TH - 1881 SCANLAN ST. LONDON (CASH, DEBIT, E-TRANSFER TO DARREN@MCKENZIEAUCTION.COM, VISA, MASTERCARD. IF WE HAVE NOT HEARD FROM YOU AT 3 PM ON FRIDAY NOVEMBER 9TH, WE WILL ASSUME THAT YOU WILL BE PAYING BY THE CREDIT CARD ON FILE.
YOUR CREDIT CARD WILL BE CHARGED THE AMOUNT OF THE INVOICE. IF YOU WOULD LIKE TO PAY BY CASH, DEBIT OR ETRANSFER, PLEASE NOTIFY MCKENZIES WHEN YOU REGISTER FOR THE AUCTION IN THE AUCTIONEER NOTES.
ALL ITEMS MUST BE PAID FOR AT OUR LOCATION 1881 SCANLAN ST, LONDON BEFORE THE ITEMS CAN BE REMOVED AT THE SALE LOCATION (100 KELLOGG LANE, LONDON) WE CANNOT TAKE PAYMENT AT THE SALE LOCATION.
BIDDERS ARE REPONSIBLE FOR PAYING FOR THEIR PURCHASES, IF A BIDDER DOES NOT PAY FOR THEIR ITEMS THEY BID ON, THE BIDDER WILL BE BLOCKED FROM BIDDING IN THE FUTURE. THE OUTSTANDING INVOICE WILL ALSO BE SENT TO A COLLECTIONS DEPARTMENT FOR THE LOSS OF COMMISSION AND LOSS OF BUYERS FEE OF THE ITEMS.
Removal: FRIDAY NOVEMBER 9TH (10 AM - 5 PM)
ALL ITEMS MUST BE REMOVED BY FRIDAY NOVEMBER 9TH @ 5 PM
**ALL ITEMS ARE NOT INSPECTED AND ARE RETURNED MERCHANDISE AND SOLD "AS IS" WITHOUT WARRANTY OR GUARANTY. ANY ISSUES OF THE PRODUCTS NOT BEING REPRESENTED MUST BE REPORTED IMMEDIATELY. ANY ITEM NOT REMOVED WITHIN 7 DAYS WILL BE DISPOSED OF. ITEMS WITH A SALE PRICE UNDER $20.00 BEFORE BUYERS FEE AND TAXES WILL NOT BE CONSIDERED FOR REVIEW.**
BUYER IS RESPONSIBLE FOR REMOVAL OF ITEMS. PLEASE REMEMBER WE ARE ASSISTING IN RETRIEVING YOUR ITEMS IN THE BUILDING. WE CANNOT HELP LOAD YOUR VEHICLE, PLEASE BRING EXTRA PEOPLE WITH YOU IF YOU NEED HELP LOADING YOUR VEHICLE. PLEASE MAKE SURE YOU HAVE ALL YOUR ITEMS BEFORE YOU LEAVE.
WE OFFER SHIPPING IN CANADA AT BUYER'S EXPENSE.
All items sold As Is Where Is, No Warranty, No Guaranty. Though all description and commentary are believed to be correct, neither Auctioneer nor Consignor makes any warranties or representations of any kind with respect to the property, and in no event shall be held responsible for having made or implied any warranty of description, genuiness, authorship, attribution, provenance, period, culture, source, origin, condition, etc.
The winning bidder is responsible for arranging shipping and removal of the items. You may pick up your items with a paid receipt at (100 Kellogg Lane, London Ontario). Items cannot be picked up until your invoice is paid.
All items must be removed by 5 PM ON FRIDAY NOVEMBER 9TH. Removal shall be at the expense, liability, and risk of the purchaser.
Shipping in Canada Available for this auction at buyers expense.
Shipping for Items located at 100 Kellogg Lane (Returned Merchandise Auctions)
Please keep in mind this is a Returned Merchandise Auction. Items could be missing parts, damaged, not the item in the box or nothing wrong at all.
We cannot inspect the items and have not inspected the items. All items are sold "AS IS" and are FINAL SALE. NO REFUNDS.
In each auction when you register, you must put under "Notes for Auctioneer"- "Shipping Required". We have over 300 people buying in every auction and cannot look for the 100 plus people who we ship for. If you do not list "Shipping Required" we will not know we have to ship to you. We will not assume shipping is required, unless we are told to ship the items.
Important - please make sure your address on the receipt is the address we are shipping to, we are shipping to the address on your receipt and are not responsible if the items go to the wrong address. We ship to 100 plus people and cannot remember everyone's different address.
***New*** - We will now just charge your credit card the costs for shipping. We will not send you a price ahead of time for shipping. If your credit card does not go through, your items will not go out in that shipment. (We ship once a week)
We cannot give you a quote ahead of time as we don't know what you will buy and the size of the box needed to ship the items.
Guideline of picking up items - For example, if you have mentioned for Mon Nov 6 Auction or Thurs Nov 9 Auction that shipping was required, we would pick up those items on Monday Nov 13, we get them ready to be sent out and they would go out either Wed Nov 15 or Thurs Nov 16. (This is a guideline only but we will try to follow this schedule)
**Please remember - we dispose of items 1 week after the auction, if you have not told us that your items need to be shipped, they will be disposed of 1 week after the auction.
Please note we cannot hold items for multiple auctions to ship due to space. However using our example above, if you bought items on Nov 6 and Nov 9, we would try to send them out together to save costs.
We use Canpar only, we do not use Canada Post or UPS Etc…..
The minimum charge for shipping is $20 plus HST and goes up depending on the dimensions of the box / package, weight and location of where the items are going. Shipping is at your expense, we charge you what canpar charges us plus an admin fee for getting your items ready to be shipped (we do not have a set admin fee, it depends on the work involved for each shipment.) The shipping that we charge is what canpar charges us plus our admin fee plus HST. We cannot charge you less than what Canpar charges us, shipping is at your expense. (Shipping Example - If your items cost approx. $5, it will cost an additional $20 plus HST to ship those items)
Remember it is expensive to send large or heavy items please keep that in mind when placing your bids. The shipping costs could easily be $100 or more to ship large or heavy items.
If items are returned to us from Canpar for unknown reasons, your credit card will be charged again to send the items out again.
McKenzie's Associated Auctioneers
The property in today's sale will be offered by Auctioneer as agent for the Consignor according to the following terms and conditions:
1. Indemnification - All purchasers are required to have a Bidder Number to bid giving full name and address.
2. All property is sold "as is", and ALL SALES FINAL. Property is open to thorough public inspection, and it is the bidder's responsibility to determine condition, etc.
3. Though all description and commentary are believed to be correct, neither Auctioneer nor Consignor makes any warranties or representations of any kind with respect to the property, and in no event shall be held responsible for having made or implied any warranty of description, genuiness, authorship, attribution, provenance, period, culture, source, origin, condition, etc.
4. A bid by any person shall be conclusive proof that the person has made himself acquainted with these conditions of sale and has agreed to be bound by them.
5. The buyer shall be the highest bidder. Should a tie or dispute arise between two bidders, the auctioneer may, at his discretion, re-open the bidding between the high bidders until property is sold.
6. To maintain the continuity of the sale, it shall be the duty of the auctioneer to advance the bidding at his own discretion, and may reject a normal or fractional advance, should it, in his estimation, prove injurious to the sale.
7. In the case upon which there may be a reserve price, the auctioneer shall have the right to bid on behalf of Consignor, or Consignor may wish to bid personally, or by Agent However, in all cases, full commissions are due and payable to Auctioneer without distinction or preference shown to such Consignor or Agent should he become the successful bidder.
8. Time of payment - All bills must be paid in full before leaving the premises on the day of sale.
9. Prior to removal of purchases, payment must be made in cash, or by other means as announced by the auctioneer before the sale. Unless exempt by law, the purchaser shall pay any and all applicable taxes.
10. Upon the fall of the auctioneer's hammer, and/or when the Auctioneer says "sold", title on the property shall pass to the highest bidder, who thereupon assumes full risk and responsibility. All property shall be removed from the premises by the purchaser at his own risk anil expense within the time period announced by the auctioneer and if not so removed, may be sent by Auctioneer to a storage facility, for the account, risk, and expense of the purchaser.
11. Auctioneer shall, as a courtesy, undertake to make execution bills for responsible parties in their absence, yet reserves the right to decline to do so, and in no case shall be responsible for failure to do so. Please leave payment in amount of bid with accompanying name and address. The difference between the sale price and the bill, or the whole payment, if the bid fails will be returned at once. Removal of merchandise shall be in accordance with other conditions listed herein.
12. Auctioneer reserves the right to withdraw any item before or during the sale.
13. Neither Auctioneer nor Consignor shall be liable for any personal injury on the premises where sale shall be held.
14. If the foregoing conditions or any other applicable conditions herein are not complied with, in addition to other remedies available to Auctioneer and the Consignor by law, including, without limitation, the right to hold the purchaser liable for the bid price, the Auctioneer, at his option, may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser or (b) re-sell the property publicly or privately, and in such event the purchaser shall be liable for the payment of any deficiency plus all costs, including storage, the expenses of both sales, Auctioneer commission at its regular rate and all other charges due hereunder, and incidental damages.
15. Removal - Removal shall be at the expense, liability, and risk of the purchaser. Purchases will he delivered only on the presentation of a paid bill. Auctioneer shall not be responsible for goods not removed within the time specified, and shall have the option of removing and storing at the expense and risk of the purchaser any article purchased, but not paid for and removed within the specified time. Non-delivery responsibility - Auctioneer shall not in any event, be liable for non-delivery or for any other matter or thing, to any purchaser of any lot, other than for the return to the purchaser or the deposit or sum paid on said lot, should the purchaser be entitled to it.
16. Claims - No claims will be allowed after goods are removed from the premises.
17. All verbal announcements take precedence at time of sale.
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.