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Online Auction Terms of Sale

 

Terms and Conditions: The bidders(s) and the Auctioneer(s) agree that the terms listed below shall govern each and every auction sale. All registration information the Bidder provides to the Auctioneer shall be current, complete, and accurate. All bidders must be 18 years of age or older. The bidder agrees to not use any device, software or routine to interfere or attempt to interfere with the proper working of any transaction being conducted on and during any auction sale.

1. Photos with lot descriptions are to be used to act as part of the item description. We make all efforts to note any defects prior to the auction close. Please view all photos for each item before you bid and bid accordingly.

2. Settlement for payment for purchases can be made by cash, interac/debit, Visa or Mastercard. All sales are subject to 13% HST (Harmonized Sales Tax). All sales are subject to a 10% Buyer's Premium of the Purchase Price and payable by the Buyers. Full settlement to be made at the conclusion of the sale. Nothing is removed until paid in full, and invoice received.

3. Buyer acknowledges and agrees not to retract their bids. The Highest Bidder shall be the Buyer, and if any dispute arises during the Sale, then the Auctioneer, may at his discretion, put the Lot up again. The Auctioneer's decision is final. The Auctioneer reserves the right to accept or reject any bid and shall control the bidding at all times.

4. Buyer shall be responsible for making all arrangements for merchandise pick-up and /or removal per specific terms or conditions listed for auction. Please note that some removal times are short, be aware of removal times when you bid. Removal times will be posted - buyer must adhere to these times. Buyer must provide all packing materials necessary to remove all items purchased. (ie: packing paper, boxes, packing tape, moving dolly, etc as the Auctioneer does not provide any of these items).

5. The items have been displayed and each Buyer shall be held to have satisfied himself as to the condition, identity and authenticity, and shall not be permitted to make any objections after the sale on any grounds whatsoever. Neither the Auctioneer nor the Owner is responsible for any error on conditions of items.

6. All items are sold "AS IS, WHERE IS". Once the item is sold, the Buyer shall assume full risk and responsibility for the item.

7. Despite efforts to avoid withdrawal of item/lots from the sale after they are listed it may sometimes be necessary. Auctioneer and the Owner/Seller reserve the right to do so at any time before or during the sale. The Owner/Sellers of property sold through this Site reserve the right to reject any and all bids in their sole discretion. If there is a reserve on a lot, the Auctioneer and/or the Seller have the right to bid on behalf of the Seller.

8. Merchandise becomes the full responsibility of the Buyer at time of PAYMENT. Any Buyer having someone, other than himself, pick-up his purchases must notify the Auctioneer. Buyer shall be at his own risk and liability at the Owners' property for pick ups, and shall hold the Owner/Seller and the Auctioneer harmless for the Buyer's negligence. Buyer shall also be held responsible for any damage to the Owner's property, caused by the Buyer. After final removal date, unless previous arrangements have been made, there will be a per day, per item/lot storage fee charged to the Buyer. Buyer's that fail to pick up their items shall be billed for disposal fees of mininum $10.00CAD per lot.

9. Auctioneer reserves the right to resell any property not paid for in full with all funds received by Auctioneer within two days on the online auction item/lots closing date. Failure to pay for item/lots won on this online auction may result in legal action against Buyer.

10. Auctioneer cannot, and will not, be held responsible for any interruption in service, errors and/or omissions, caused by any means and does not guarantee continual, uninterrupted or error free service or use of the Site. Bidder acknowledges that this auction is conducted electronically and relies on hardware and software that may malfunction without warning. The Auctioneer, in its sole discretion, may void a sale, temporarily suspend bidding and re-sell any items/lots that were affected by any malfunction. The decision of the Auctioneer is final.

11. Auctioneer gathers information about Bidders and Owners/Sellers for the purposes of conducting online auctions only. Auctioneer does not, and will not, sell or rent this information.

12. Auctioneer uses email mailing lists to notify its customers about online and live auctions. If you are receiving a particular mailing and wish to discontinue receiving future mailings, simply forward the received email to Auctioneer to have your name removed from our list.

13. As a Bidder you are responsible for any bids placed under your bidding number and password. The security of your Bidder information is your sole responsibility as you, the Bidder, will be responsible for any and all bids placed under your number. If at any time you feel that your Bidder number and password have been compromised due to lack of security on your part you must notify Auctioneer immediately.

14. By using this site, you, the Bidder, agree in advance to accept all rules, terms, and conditions, and any such possible changes thereto.

15. Phoenix Auctions and Appraisals is acting as Agent for the Seller.

16. What does "SOFT CLOSE" mean? Items close every second. Any bids placed in the last minute of the auction will cause the auction item to stay open for an additional 3 minutes. This will continue until all bidding has ceased.
 
17. What is "MAXIMUM BIDDING"? Bidders may place a maximum bid on each item. Your initial bid will increase automatically, each time you are outbid, up to your maximum bid. If a competing bid is above your maximum bid, you will be required to bid online again, if you want to be the successful bidder.

18. Any items purchased and not picked up within 30 days will be considered deemed and abandoned and will be disposed of at the Auctioneers discretion.

19. Auctioneer has set pick up times. No exceptions. Furthermore, regardless of circumstances, limitations or lack of pick up for any reason resulting in the buyer not receiving paid for items is not, nor will it be the responsibility of Phoenix Auctions and Appraisals.

20. When picking up your items, please check and review your statement at that time. It is the customers responsibility to check and ensure that they have all items paid for. Phoenix Auctions and Appraisals is not liable for any misplaced or unpacked/not taken items. Your use of this auction site marks your acceptance in full these Terms and Conditions.

PICKUP: If you are a successful bidder, you will receive an UNPAID invoice by email after the sale closes, when you arrive to pickup your items you have your choice of payment - cash, debit, Visa or Mastercard.

Pickup will be scheduled as outlined in the auction and on the website. Terms and conditions apply.

INVOICES NOT PAID BY 8PM SATURDAY, WILL BE PROCESSED ON THE REGISTERED CREDIT CARD ON FILE! Items cannot be held after the pickup time. If you do not pick up your item(s), your credit card will be processed and a disposal or storage fee of $10 per item for small items and $25 per item for large items per day will apply. disposal or storage is entirely at the discretion of the auction house/auctioneer.

Please consider these additional charges when you see a large item selling in the final moments of the auction for $1 - you will need to pick up your item as we do not have disposal available and it's unfair to leave these items for the sellers to dispose of. You will have fees added on if you do not pick up.