Benefit Auctions may amend these Terms and Conditions at any time and continued use of the Service constitutes your acceptance of the amended Terms and Conditions.
User Registration Use of the Service is limited to persons who lawfully enter into and form contracts under the laws of British Columbia. Without limiting the generality of the foregoing, the Service is not available to persons under the age of 19 or to persons whose use of the Website has been terminated. You are responsible for ensuring that your registration information is complete and accurate, and is kept current. You may not register or make bids under a false name or using false information. Any false, inaccurate or misleading information in your registration will be considered a breach of these Terms and Conditions. You are responsible for keeping your chosen password secret. You are also responsible for all the activities which are undertaken using your registration information. Irrevocable Bids Bids are not revocable. Once a bid is placed, it cannot be removed. Proxy Bids a) The Service includes a process called “Proxy Bidding”, which you may elect to use when entering a bid. Proxy bidding is an automatic bidding system. When you place a proxy bid, you enter the maximum amount you would be willing to pay for the item. Your maximum amount is kept confidential from other bidders. The Service via our software automatilly compares your bid to those of the other bidders and automatically places bids on your behalf based on the minimum bid increments specified for the Good, and using only as much of your bid as is necessary to maintain your high bid position. The Service will continue to automatically bid up to your maximum amount. If another bidder bids a dollar amount that is higher than your maximum amount, you will be outbid and notified via email, but only until the live auction begins. The live auction is a timed auction with each lot getting approximately 30 seconds, and continuing past the 30 seconds if there is continued bidding. There are no email notifications during this final, timed, live auction conclusion. If no other bidder submits a higher bid than your maximum amount at the time of closing, the item will be sold to you. b) When you place Proxy Bids on auction items with a Reserve bid, in the event your maximum proxy bid meets or exceeds the auction reserve amount, the reserve amount will be met immediately and bypass the increment process. Once the reserve price is met, the bidding will resume to the increment process. Copyright Benefit Auctions retains the copyright in the Website, its logos and design marks, and all documents made available to you through your use of the Service and the Website. Reliance on Service You should not rely on the Service as your exclusive method of learning about goods sold by Benefit Auctions. We do our best to be scrupulously honest and accurate about describing items but we are not liable for any errors. Please do your own due diligance. No Warranties on Service The Service is provided “as is” without warranty of any kind, including warranty of fitness for a particular purpose. Benefit Auctions does does not warrant the accuracy or the completeness of the Service, or that the Service will function without error, failure or interruption. Limitation of Liability No action may be brought by any person against Benefit Auctions for any loss or damage of any kind caused by any reason or purpose including, without limitation, reliance on the functioning of Service. Discontinuance of Service Benefit Auctions may discontinue the Service at any time without giving you notice. Withdrawal of Registration You may withdraw your registration as a user of the Service at any time by sending a request via email to paul@benefitauctions.ca Remedies Available to Benefit Auctions If you breach any of these Terms and Conditions, Benefit Auctions, in its sole discretion, may take any steps that it determines are necessary in its sole discretion, including but not limited to a warning, removal of your bids, and termination of your use of the Service. Purpose of Service The Service is provided only for the purposes of viewing and bidding on goods offered on the Website and cannot be used for any other purpose. Obligation to Complete Transaction You are obligated to complete the transaction if you are the Purchaser of the Goods at the close of the Auction. Condition of Goods The Goods are offered for sale “as is”. The description of the Goods is based on the information supplied to Benefit Auctions, or from whatever information we are able to gather. However, Benefit Auctions makes no representations or warranties, expressed or implied, as to the quantity, kind, character, quality, weight, size or description of the Goods, or the condition, performance, merchantability or fitness for any use or purpose. It is the Purchaser’s responsibility to make all necessary inquiries regarding the Goods. The Purchaser is deemed to have relied entirely on the Purchaser’s own evaluation. Title and Ownership Unless otherwise noted in these Conditions of Sale, title to and ownership of the Goods sold will transfer to the Purchaser as and when payment is received and the Goods are removed. Agreement This “Conditions of Sale” document, together with the Benefit Auctions Sales Receipt, constitutes the entire agreement with respect to the Goods purchased between the Purchaser and Benefit Auctions. Time will be deemed to be of the essence in all respects. Adjustments and Withdrawals Benefit Auctions reserves the right to withdraw from sale any Goods which have not yet been removed by the Purchaser without incurring any liability except as provided in this paragraph. If, through withdrawal, loss or error, the Goods cannot be transferred to the Purchaser, Benefit Auction’s liability will be limited to a refund of the purchase price. Payment a) The Purchaser shall make all payments as set out in the Auction and in accordance with these Conditions of Sale. When a date of payment has not been specified within the description of the Goods as set out in the Auction, then payment shall be required within three (3) business days, as stated in the email notification be sent to a Purchaser on acceptance of the offer by Benefit Auctions and prior to any removal of any Goods. Payment shall be in the form of electronic payment using Visa, MasterCard, and American Express or as otherwise set out in the Auction. All payments must be in Canadian funds. b) Payments over $9,999.99 are subject to payment in full by Bank Draft in Canadian funds, or as otherwise set out in auction details. All sales will be subject to the Goods and Services Tax and Provincial Sales Tax as applicable at the time of the sale in accordance with the Excise Tax Act. Failure to Remit Payment If the Purchaser’s offer is accepted by Asset Investment Recovery, and for whatever reason the Purchaser fails to remit payment in accordance with these Conditions of Sale, Asset Investment Recovery may cancel the sale and resell the Goods. The bidder: (a) forfeits the Goods and any money paid to Benefit Auctions; and (b) is responsible for any deficiency and all costs (including advertising, handling and storage) associated with re-selling the Goods. In addition, Asset Investment Recovery retains the right to remove the Purchaser’s name from the bidders list and refuse any further bids on the Website from the Purchaser. Removal Unless otherwise provided in the description of the Goods in the Auction, the Purchaser, upon acceptance of the Purchaser’s offer by Benefit Auctions will at Purchaser’s expense, pack, load, and remove the Goods within five (5) business days after receiving notice that the Goods are ready for removal. Failure to Remove Should the Purchaser fail to remove the Goods in accordance with these Conditions of Sale, in addition to any other remedies, Asset Investment Recovery may cancel the sale, resell the Goods and the bidder: (a) forfeits the Goods and any money paid to Asset Investment Recovery; and (b) is responsible for any deficiency and all costs (including advertising, handling and storage) associated with re-selling the Goods. In addition, Asset Investment Recovery retains the right to remove the Purchaser’s name from the bidders list and refuse any further bids on the Website from the Purchaser. Identification In order to pick up a Benefit Auctions item the Purchaser must present the Online Auction Sales Receipt along with: One piece of Government issued ID that shows the Purchaser’s picture, name, address and signature together (examples: Valid Driver’s License, Passport. Please note, at time of pick up, the Purchaser may be asked to provide the credit card used to remit the online payment. Where the results of an auction present as irregular, in the sole judgment of the Benefit Auctions, goods will not be shipped nor released for pickup until such time as the Purchaser provides identification and evidence of proper authorization to use the method of payment that was used to remit payment for the auction. In the event that the purchaser cannot provide evidence of identity or authorization, the auction will be nullified, and payment refunded by the same process in which payment was remitted. Acceptable forms of identification are those pieces of identification that are issued under government authority, and show a picture, name, address and signature together. Damage to Property The Purchaser will be responsible for any damage to property resulting from the removal of the Goods sold. Limitation of Liability Benefit Auctions is not responsible for any claims, demands or actions of any nature that may be suffered by the Purchaser, the Purchaser ‘s employees, subcontractors or agents, in relation to the Goods including the sale, handling, removal, use, dismantling, decontamination or destruction of the Goods. The Purchaser agrees to hold Benefit Auctions and its employees, subcontractors and agents for any and all claims, demands and actions, in relation to the Goods, for which the bidder is legally responsible, including those arising out of the negligence or willful harm of the Purchaser, the Purchaser’s employees, subcontractors or agents. Shipping No Shipping is currently available. All items must be picked up. |