Summary:
Buy & Sell, Trucks, Cars, Heavy Equipment, Tools, Parts and more.(Alberta)
Description:
Note that some jurisdictions prohibit modifications to factory-installed emission systems,
purchasers must ensure before the sale that the lots to which
they choose to bid comply with the standards of the jurisdiction they operate.
**** Everything is sold 'as is, where is' Registered bidders declare that they are professionals or businesses.GIQ Auction does not allow consumers to bid on this auction****
Terms And Conditions
:
SCHEDULE B - THE BIDDER CONTRACT AND ONLINE SALES TERMS
BETWEEN: GIQ Auction AB Inc. a corporation duly incorporated whose head office is located at 2363, 2 Avenue, Dunmore, Alberta, T1B 0K3 with a
business telephone number of 1-888-676-6364;
(Hereinafter called the “AUCTIONEER”)
AND:
; (hereinafter called the “BIDDER”)
THE AUCTIONEER AND THE BIDDER BEING HEREINAFTER COLLECTIVELY CALLED THE “PARTIES”.
PREAMBLE
A) WHEREAS the Auctioneer conducts online auction sales of vehicles and automotive equipment acting as an agent of their owners.
B) AND WHEREAS the Bidder, as part of his business wishes to take part in online auction sales in view of eventually buying automotive equipment.
C) AND WHEREAS the Auctioneer and the Bidder have agreed that the Bidder may participate in one of the Auctioneer’s online auction sales as per
the conditions mentioned hereinafter.
Accordingly, the Parties agree as follows:
1. DEFINITIONS
The following words and expressions, wherever they appear in the Contract shall be understood, unless an implicit or explicit exemption appears in
the text, according to the definitions hereunder.
1.1 Auction
means the online auction sale of vehicles and automotive equipment conducted by the Auctioneer on his website commencing on__11/04_and ending on_14/04_. In accordance with the terms and conditions of the Contract, as well as the online sale terms and conditions outlined in
this Schedule B.
1.2 Auction Bill of Sale
means the list of Automotive Equipment items acquired by a buyer, and on which the auction price and expenses are specified; this Auction Bill of
Sale serves as a proof of purchase once the ownership of the Automotive Equipment has been transferred.
1.3 Automotive Equipment
means the vehicles and/or automotive equipment that are put on sale at the Auction and, as the case may be, the Purchase Option attached thereto.
1.4 Bid
refers to a bid in an amount higher than the auction starting price or higher than the previous bids placed during the Auction.
1.5 Contract
means the present Contract including its preamble and, if applicable, schedules which form an integral part thereof, as well as all written amendments
that can be made from time to time by the Parties.
1.6 False Bidding
means a Bid made by a person who is unable to pay it in full.
1.7 Opening Bid
means the selling price announced on the Website at which amount the bidding on the Automotive Equipment may start.
1.8 Purchase Option
means the possibility for the Bidder and the other bidders registered at the Auction to buy, during a Pre-Auction Selling Option specified on the
Website, and at an already fixed selling price, some Automotive Equipment to be put on the Auction sale.
1.9 Reserve Price
means the minimum confidential price fixed by the owner of the Automotive Equipment below which the Automotive Equipment cannot be bought
during the Auction.
1.10 Site
means the location at 2363, 2 Avenue, Dunmore, Alberta, T1B 0K3.
1.11 Taxes
means the 5 % Goods and Services Tax (GST).
1.12 Website
means either the encangig.com and/or gigauction.com websites
2. PURPOSE OF THE CONTRACT
2.1 The Auctioneer shall grant the Bidder the right to use the bidder number appearing at the bottom of the Contract (hereinafter the “Number”) in view
of his participation in the Auction and exercising the Purchase Option when an Automotive Equipment is registered thereto, according to the terms
and conditions of the Contract. The Bidder shall be at all times liable to the use and control of the Number and bound by any Auction or Purchase
Option acquisition made using the Number.
2.2 The Auctioneer may, at his sole discretion, revoke the Bidder’s right to use the Number at any time and without notice, if he finds or suspects that the
Bidder violates or intends to contravene the terms of this Contract.
3. ADMINISTRATIVE CHARGES AND TERMS OF PAYMENT OF THE ACQUIRED AUTOMOTIVE EQUIPMENT
3.1 For any sale of the Automotive Equipment made in the Auction or through the Purchase Option, the Bidder shall pay the Auctioneer, for each lot of
Equipment acquired, administrative charges of:
a) 10% of the purchase price of the lot, applied to the portion of this purchase price that is less than or equal to $5,000 before taxes; and
b) 3.5% of the purchase price of the lot, applied to the portion of this purchase price that is greater than $5,000 before taxes; and
all titled vehicles have a 65$ fixed fee.
3.2 Any Automotive Equipment lot acquired by the Bidder, during the Auction or through the Purchase Option, for less than $10,000 before Taxes, must
be paid by the Bidder on the same day the acquisition was made. For any Automotive Equipment lot acquired by the Bidder for $10,000 or more
before Taxes, the Bidder shall pay at least 25% of the total amount due on the same day of the acquisition and the remaining amount shall be payable
within seven (7) days following the acquisition. If a successful Bidder fails to meet the deadlines set out in this sub-section 3.2, the Auctioneer may
determine, without providing notice to the Bidder, that the Bid placed by the Bidder which permitted him to acquire the Automotive Equipment lot
during the Auction had never taken place and/or that he has never exercised the Purchase Option and that, in either of these situations, the sale is
automatically cancelled.
3.3 The Bidder may pay the amounts owed in cash, by debit card, bank transfer, certified check, bank draft or regular check with an irrevocable bank
guarantee considered acceptable by the Auctioneer, or by credit card. A 3% fee will be applied on any amount paid by credit card since it is processed
by a third-party enterprise.
3.4 Any amount of money owed by the Bidder to the Auctioneer shall bear interest at the annual rate of fifteen percent (15%) after the expiry of a period
of thirty (30) days from the date such amount is due.
3.5 The Parties agree that the transfer of property of the Automotive Equipment acquired during the Auction or through a Purchase Option
shall only take place once the Bidder has remitted to the Auctioneer the entire amount of the purchase price for the Automotive Equipment,
as well as the administrative costs, the Taxes and any other amount that may be payable under this Contract.
4. TERM OF THE PURCHASE OPTION
4.1 The Bidder may use his Number to acquire, in advance and for a specified price, the Automotive Equipment to be put on sale at the Auction if the
owner of the Automotive Equipment has chosen to offer the Automotive Equipment, or any part thereof, to the bidders in this way. It is understood
that the rules concerning the Number and other Auction obligations under the Contract are applicable to the Purchase Option.
5. TERMS OF THE AUCTION
5.1 The Auction is carried out on the Website, according to the Auctioneers’ methods and know-how, offering the Automotive Equipment in lots or groups
of lots. It is understood that the Auctioneer may at all times, including during the Auction, without notice to the Bidder and without being in any way
liable to the Bidder, and without resulting in the termination of the Contract or in the reduction of the obligations that are subscribed by the Parties:
a) modify the conditions of sale of the Automotive Equipment, particularly as to the choice of the Site, the dates and times of the Auction and/or of
the Purchase Option, the offers to sale, the minimum bid increments, the grouping and/or division of the lots, as well as the order of their
presentation;
b) remove the Automotive Equipment or part thereof from the Auction and/or the Purchase Option; and
c) refuse any Bid, in particular when he judges that the Bid is negligible compared to the previous Bid or when the Bidder violates or has contravened
the Contract.
5.2 The Bidder that offers, within the Auction sale period intended for the Automotive Equipment lots, the highest Bid accepted by the Auctioneer will be
considered as being the acquirer of the Automotive Equipment lot, subject to payments to be made pursuant to sub-sections 3.1 and 3.2 of the
Contract. It is understood that no Bidder can remove his Bid once it has been placed.
5.3 The Bidder undertakes not to use any other Number than the one he was given under the Contract and he may, under no circumstances, personally
or otherwise, place a Bid on Automotive Equipment or any part thereof of which he is the owner or co-owner, nor on any other Automotive Equipment,
the owner of which he is directly or indirectly associated to as an agent, partner or otherwise.
5.4 The offer for sale of an Automotive Equipment lot, that may be subject to a Reserve Price, shall be done at the Auctioneer’s discretion with or without
an Opening Bid and following the increment amounts he solely determines.
5.5 Auctions are possible until expiry of the period set for the sale of an Automotive Equipment lot, concerning which it is understood that:
a) any Bid received during the last minute of the period set for the sale of a lot will extend this period by one additional minute, which may be
extended one or more times if other Bids continue to be received; and
b)
if, at the end of the period set for bidding on a given lot, the Bidder’s Bid has not reached that lot’s Reserve Price, a “Pending” notice will be
displayed for a period of one minute, in order for the owner of such lot to have time to accept or refuse the Bid. If the owner has not accepted
the Bid for this lot, this Bid will be refused and the sale of the lot shall not be concluded.
6. OBLIGATION AND DECLERATIONS OF THE BIDDER
6.1 The Bidder shall, at his own expense, during the Auctioneer’s business hours and as directed or as may be specified by the Auctioneer’s agents or
employees, remove from the Site the Automotive Equipment acquired during an Auction no later than seven (7) days after the date of transfer of
ownership of such Automotive Equipment, concerning which it is agreed that:
a) after that period, the Bidder shall pay the Auctioneer the sum of $20 per day for each of the Automotive Equipment lots that have not been
removed; and
b) the Bidder is liable to, and undertakes to indemnify for, any damage he may have caused when removing the Automotive Equipment.
6.2 The Bidder must, no later than the date of transfer of ownership of the Automotive Equipment acquired during an Auction, carry insurance on such
Automotive Equipment for its full insurable value, particularly against theft and against any damage that it may cause or that may be caused to it. The
total or partial loss of the Automotive Equipment, as well as any damages that may be caused to it, do not have the effect of terminating or limiting in
any way the Bidder’s obligations under this Contract toward the Auctioneer, who is entitled to require proof of such insurance and to consider that
there is no such insurance if it does not adequately cover an Automotive Equipment requiring dismantling, assembly or hot cutting.
6.3 The Bidder also agrees to repair at his own expense any Automotive Equipment lot that was acquired during the Auction or through the Purchase
Option so that it be in a safe operating condition and meet particular standards and requirements under any applicable laws and regulations, as well
as the requirements of the relevant authorities, including those relating to the use to which the Automotive Equipment lot may be destined.
6.4 The Bidder declares:
a) that he is acting as a merchant and/or contractor and accepts that the information provided in the Contract shall remain confidential in accordance
with the Website privacy statement;
b) that he accepts that the Auctioneer carry out a credit check on him;
c)
that he is aware that some Automotive Equipment originating from outside the province of Alberta may be subject to inspections before they can
be registered;
d) that he agrees that the Automotive Equipment may be inspected before the Auction or the Purchase Option period and that he is under the
responsibility to conduct his own inspections;
e) that there are no warranties, expressed or implied, of any kind whatsoever with respect to the condition of the Automotive Equipment, and that
he will satisfy himself that the equipment meets the applicable standards concerning safety, pollution and/or hazardous materials and any other
applicable standard required by the relevant authorities or the applicable laws and regulations;
f)
that he understands that all Automotive Equipment sales are final;
g) that he undertakes to only use his Number and to comply with the obligations set out in sub-section 5.3, as well as all other conditions and
requirements of the Contract;
h) that he allows the Auctioneer a chattel mortgage on the entire Automotive Equipment to secure payment of all sums that he owes to the
Auctioneer under the Contract;
i)
that he releases the Auctioneer from any liability and agrees to indemnify the Auctioneer in respect of any suit, claim, cost or expense arising
out of the Contract, including a breach of obligations by the Bidder under the Contract and/or the inaccuracy or falsity of his statements; and
j)
that entering the Site can be dangerous and the Bidder agrees to notify any person to which he is connected of such danger, including that
flammable, harmful, corrosive and pressurized substances may be present, heavy machinery is used and electrical circuits may be powered.
The Bidder renounces any claim against the Auctioneer, its officers, employees, agents and/or principals for injuries sustained by the Bidder on
the Site or for damages or loss of property that may occur, regardless of the cause.
7. OBLIGATIONS AND DECLARATIONS OF THE AUCTIONEER
7.1 The Auctioneer undertakes, as notified to the Bidder or as set out on the Website, to provide access to the Automotive Equipment during its public
exhibition and/or demonstration.
7.2 Within seven (7) days after payment by the Bidder of all amounts due under Section 3 of the Contract and any other amounts due under
the Contract, the Auctioneer shall provide the Bidder with the Auction Bill of Sale.
8. DECLARATION BY THE PARTIES
8.1 The Parties agree that in no event shall the Auctioneer, on his own or through any other person and/or by any means including by printed statement
or Website posting, make a statement to the Bidder on the Automotive Equipment, nor grant any warranty that the Automotive Equipment lots are
intended for a particular purpose, are of merchantable quality or may be eligible to financing, have a specific manufacture date, model or brand or
are in a particular condition, nor that they meet the standards and requirements of the relevant authorities and of the applicable laws and regulations.
8.2 The Parties agree that the Auctioneer may exercise a right of retention on the Automotive Equipment lots purchased by the Bidder at the Auction or
through the Purchase Option, to protect all of his rights under the Contract and ensure the fulfilment of all the obligations to which the Bidder has
subscribed.
8.3 The Auctioneer is not required to provide a service under the Contract so long as the Bidder has failed to perform any of the obligations to which he
has subscribed, regardless of their nature or magnitude.
8.4 The Parties expressly agree that the Automotive Equipment is acquired without warranty of any kind and that it is sold “as is”. In any case, the
Auctioneer shall not be held liable for defects or faults or malfunction of the Automotive Equipment.
8.5 If, for any reason whatsoever, except in the case of a default by the Bidder, the Auctioneer is unable to make the acquired Automotive Equipment
available to the Bidder or provide the Bidder with a clear title, the only responsibility of the Auctioneer, if any, shall be to reimburse the sums paid by
the Bidder for that Automotive Equipment.
8.6 Once the Contract is signed, the Bidder shall under no circumstances, without the prior written approval of the Auctioneer, sell, assign or otherwise
transfer the rights of the Contract in any way whatsoever.
9. TERMINATION OF THE CONTRACT
9.1 The Auctioneer may terminate the Contract upon simple notice to the Bidder, without indemnity or compensation, and without prejudice to other
remedies, in the event that:
a) the Bidder fails to comply with any of the obligations under the Contract and has not remedied such failure following reception of the Auctioneer’s
notice to that effect;
b) the Bidder has made or makes false statements and/or representations and/or placed a false bid; or
c)
the Bidder becomes insolvent or bankrupt or makes an assignment in bankruptcy.
Upon termination by the Auctioneer for any of the above causes, the Auctioneer may consider the sale of the Automotive Equipment resolved by right
and the Bidder shall pay as a penalty and in addition to the other amounts payable under the Contract, such as administrative costs, the largest
amount of the sum of $500 or 25% of the amount of the Automotive Equipment remaining unpaid by the Bidder.
10. VARIOUS STIPULATIONS
10.1 The Parties declare that the Contract was freely negotiated, that it constitutes the complete and entire agreement between them and that it can only
be amended by a written instrument signed by the Parties.
10.2 All monetary amounts under the Contract refer to Canadian currency.
10.3 If any provision of this Contract is or shall become invalid or unenforceable, that provision is severed and the remainder of this Contract shall be
unaffected. If conflicts arise between provisions in this Contract and any other agreements between the parties, this Contract shall prevail.
10.4 Any notice required by the Contract is sufficient if it is put in writing and sent through a mode of communication permitting the sender to prove that
the notice was actually delivered.
10.5 Neither Party hereto shall be considered in default of the performance of their obligations under the Contract, if such performance is delayed,
prevented or hindered due to force majeure. Force majeure is any reason beyond the control of the Parties they could not reasonably have foreseen
and against which they could not protect themselves. For purposes of clarification, the Parties expressly agree that a computer bug or a malfunctioning
of the www.giqauction.com Website constitute a case of force majeure.
10.6 All times periods specified in the Contract are compulsory and time shall be of the essence of this Contract.
10.7 In this Contract words in the singular include the plural and vice-versa, and words in one gender include all genders.
10.8 This Contract shall be construed and enforced in accordance with, and the rights of the parties shall be governed by, the laws of the Province of
Alberta where this Contract has been entered into. The Auctioneer and Owner hereby irrevocably attorn to the jurisdiction of the Courts of the Province
of Alberta.
10.9 The Parties recognize that they are acting as independent contractors and that the Contract does not have the effect of creating a partnership or
relationship between them;
10.10 Les Parties conviennent que ce Contrat soit rédigé en anglais. The Parties agree that this Agreement be drafted in English Language;
Buyer's Fees
:
BUYER'S FEES
Here are some of the fee's you will be charged.;
3.1 ADMINISTRATIVE CHARGES AND TERMS OF PAYMENT OF THE ACQUIRED AUTOMOTIVE EQUIPMENT 3.1 For any sale of the Automotive Equipment made in the Auction or through the Purchase Option, the Bidder shall pay the Auctioneer, for each lot of Equipment acquired, administrative charges of:
a) 10% of the purchase price of the lot, applied to the portion of this purchase price that is less than or equal to $5,000 before taxes; and
b) 3.5% of the purchase price of the lot, applied to the portion of this purchase price that is greater than $5,000 before taxes; and
all titled vehicles have a 65$ fixed fee.
3.2 Any Equipment lot acquired by the Bidder, during the Auction or through the Purchase Option, for less than $10,000 before Taxes, must be paid by the Bidder on the same day the acquisition was made.For any Equipment lot acquired by the Bidder for $10,000 or more before Taxes, the Bidder will have to pay at least 25% of the total amount due on the same day of the acquisition and the remaining amount shall be payable within the following seven (7) days. Failing to meet these deadlines, the Auctioneer may consider, without having to notify the Bidder, that the Bid placed by the Bidder which permitted him to acquire the Equipment lots during the Auction has never taken place and/or that he has never exercised the Purchase Option and that, in either of these situations, the sale is automatically cancelled. 3.3 The Bidder may pay the amounts owed in cash, by debit card, bank transfer, certified cheque, bank draft or regular cheque with an irrevocable bank guarantee considered acceptable by the Auctioneer, or by credit card. A 3% fee will be applied on any amount paid by credit card since it is processed by a third party enterprise; 3.4 Any amount of money owed by the Bidder to the Auctioneer shall bear interest at the annual rate of fifteen percent (15%) after the expiry of a period of thirty (30) days from the date such amount is due 3.5 The Parties agree to a retention of the title to the effect that the transfer of property of the Equipment lots acquired during the Auction or through a Purchase Option shall only take place once the Bidder has remitted to the Auctioneer the entire amount of the purchase price as well as the administrative costs, the Taxes and any other amount that may be payable under the Contract.
IN ALBERTA