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Terms and Conditions

Persons participating in an auction shall be bound by ALL of the following terms and conditions, which are subject to amendments and modifications by the Auctioneer at the time of auction.

  1. This catalogue is meant merely as a guide. The Auctioneer believes the descriptions contained herein to be correct, but make no warranty in connection therewith.
  2. Auctioneer reserves the right to sell subject to reserve and to bid for its own account and for the accounts of others, whether by verbal or written proxy, all lots are subject to prior sale.
  3. The Auctioneer reserves the right to refuse any applicant the privilege of bidding or attending at the auction and may revoke such privilege at any time.
  4. All Articles will be sold to the highest bidder conforming to the bid process, provided that the Auctioneer reserves the right to sell articles by individual, group lots and "In Bulk," as he deems appropriate. The Auctioneer reserves the right to sell on behalf of third parties, its own account or on the account of others. Should any dispute arise between two or more bidders or as to any bid, the lot in question may, at the Auctioneers discretion, be immediately put up again and resold. The Auctioneer shall regulate all matters relating to the conduct of the auction and his decision shall be final and binding on all bidders. The record kept by the clerk of sale, shall in all cases be accepted by the bidder as final.
  5. All sales shall be concluded as indicated by the Auctioneer and no Purchaser may thereafter revoke his bid. Title to the lots purchased shall not pass until payment in full of the purchase price is received.
  6. ALL SALES ARE FINAL, ON AN "AS IS WHERE IS," "IN PLACE" "WITH ALL FAULTS" BASIS WITH NO CONDITIONS OR WARRANTIES WHETHER EXPRESSED OR IMPLIED, STATUTORYOR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS, AS TO TITLE, DESCRIPTION, FITNESS FOR PURPOSE, QUANTITY, QUALITY, MERCHANTABILITY, STATE, CONDITION, LOCATION OR OTHERWISE. NO SALE SHALL BE INVALIDATED AND THE AUCTIONEER SHALL HAVE NO LIABILITY FOR A MISDESCRIPTION OF ANY ARTICLE OR LOT WHETHER CONTAINED IN A CATALOGUE, ADVERTISEMENT, OR OTHERWISE. DESCRIPTIONS HAVE BEEN PREPARED FOR GUIDE PURPOSES ONLY AND SHALL NOT BE RULED UPON BY THE PURCHASER FOR ACCURACY OR COMPLETENESS. PLEASE INSPECT ALL ITEMS BEFORE BIDDING. PURCHASERS SHALL BE DEEMED TO HAVE RELIED ENTIRELY UPON THEIR OWN INSPECTIONS AND INVESTIGATIONS.
  7. A deposit of equal to 25% of the purchases shall be made at the time of sale. The balance of the purchase price must be paid in full before or immediately after the conclusion of the auction. All payments must be in Cash, Certified Funds, Visa, MasterCard or Debt Interac, Wire Transfers or Company Cheque must be accompanied with a bank letter guaranteeing irrevocable payment to Infinity Asset Solutions Inc. Deposits on account of purchases may be made in advance of the auction and the balance thereof will be refunded immediately after the auction. The Auctioneer reserves the right to put articles back up for auction if deposit is not received at or before the time of sale.
  8. No article shall be removed unless paid for in full and articles purchased shall be removed within the guidelines and terms stipulated. The Purchaser shall be responsible for all the costs of removal and shall be liable for all damages, including without limitation, any environmental damage, caused during or as a result of the removal. Purchasers shall comply with all environmental laws and regulations including requirements as to bonding of movers. No claims shall be allowed after removal of the purchased article.
  9. Where available, documents of transfer, including motor vehicle ownership documents, which are in possession of the Auctioneer, will be provided to the Purchaser following the auction or as soon thereafter as such documents are available.
  10. No purchaser may assign, transfer or dispose of his rights in any article purchased before he has paid the purchase price in full.
  11. Purchasers shall pay applicable federal and provincial taxes, or furnish exemption certificates at the time of payment for goods purchased. All purchases are subject to Federal Harmonized Sales Tax (H.S.T.) at all times (including Buyer's Premium). No exceptions whatsoever.
  12. Time shall be of the essence. If a Purchaser fails to make payment or remove goods within the time periods hereinabove provided, the Auctioneer may resell the article purchased by auction, private contract or otherwise, as the Auctioneer in his discretion deems advisable, and the Purchaser shall be liable for the shortfall and all costs expenses, including but not limited to interest rates (a minimum of 1.5% per month or 18% per annum), legal fees, moving and storage (a minimum rate of $2.00 sq./ft. per month) and commissions, incurred such as resale.
  13. The Auctioneer assumes no responsibility or any liability once title passes, which occurs at time of payment in full. Purchasers are advised to prearrange for insurance coverage of their purchase. Title will revert to the seller in the event purchaser does not remove his purchases by the time specified.
  14. If the Auctioneer is unable to deliver an article sold to a Purchaser due to fire, theft or any other reason whatsoever, the Auctioneer shall reimburse the Purchaser for all monies paid to the Auctioneer in respect of the article and the Auctioneer shall have no further liability to the Purchaser arising from or relating to such loss, including without limitation, any damages or loss of profits.
  15. Bidders acknowledge that any auction site is a potentially dangerous place with noxious, corrosive and pressurized substances being present, heavy equipment being operated and electric circuits being live. Every person at the Auction Site before, during and after the auction sale shall be deemed to be there at their own risk with notice of the condition of the premises, the activities on the premises and the conduct of third parties, and the Bidder shall so advise his/her agents and employees. No person shall have any claim against the auctioneer, his agents, employees or principals for any injuries sustained for damages to or loss of property which may occur from any cause whatsoever.

 

EQUIPMENT REMOVAL PROCEDURES TERMS & CONDITIONS

The following are the standard procedures and terms and conditions for the removal of equipment or other items purchased at an Infinity Asset Solutions Inc. (“Infinity”) sale:

  1. All invoices must be paid in full prior to removal of equipment/ Each invoice must be marked “Paid in Full” and initialed by an authorized Infinity representative.
  2. All buyers are solely responsible for coordinating the removal of items purchased at the Auction and all associated costs.
  3. Buyers are responsible for, at their expense:
    1. Proper and safe disconnection and termination of all electrical, gas, water and/or air lines to machines conforming to all governing building codes;
    2. Shearing flush to the floor of all anchor bolts or fasteners;
    3. Erecting safety barriers around pits and holes in the floor created by removal of equipment until repaired;
    4. Repair all holes in the floor, walls or roof created by the removal of items purchased conforming to all governing building codes;
    5. Removing, off premises, machine oils and all hazardous materials (including all contaminants) contained in items purchased;
    6. Repairing all damage cased to the premises by a buyer, its representative or any other party hired by a buyer for the removal of items purchased;
    7. Leaving the work area in a clean, broom-swept condition conforming to all governing building codes;
    8. Any other specific terms and conditions communicated by Infinity before, during or after the auction sale;
    9. Removal of items purchased by the time and date set by Infinity before, during or after the auction sale; and
    10. The safety of all of a buyer’s employees, agents or representatives including all movers/riggers hired by such buyer.
  4. Prior to removal, all buyers, or any movers or riggers hired by a buyer, must provide to Infinity a satisfactory certificate of insurance evidencing at least $5,000,000 in comprehensive liability insurance coverage (including workers compensation and automobile) per person, per occurrence.
  5. Prior to removal, an authorized Infinity representative must examine and approve the removal of all items purchased at the sale. Such approval shall be indicated by this representative initialing all invoices.
  6. No items shall be removed until after the auction sale. Removal hours are weekdays only between 8:00 a.m. and 4:00 p.m. unless otherwise specified.
  7. Buyers and their movers/riggers are jointly and severally liable for all damages, costs and expenses to the premises or any other assets which were cased by any of them, their employees, agents or representatives whether through negligence or otherwise. The Buyer indemnifies and saves Infinity harmless from any and all costs, expenses and claims suffered or incurred by Infinity as a result of any act or omission of such buyer and/or any mover or rigger retained by a buyer.

NO ITEMS SHALL LEAVE THE PREMISES UNTIL THE ABOVE HAS BEEN COMPLIED WITH TO INFINITY’S SATISFACTION.

NOTE: Buyers, please provide all movers or riggers hired by you with a copy of these procedures/terms and conditions as you will be held liable for their conduct.


Industry Affiliations

Auctioneers Association of Canada
Auctioneers Association of Ontario
Canadian Personal Property Appraisal Group
National Auctioneer’s Association
Industrial Auctioneer’s Association
Turnaround Management Association
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