Auction Terms & Conditions Unreserved Railpro Surplus Auction
January 26, 2022 Wednesday 10:00 AM MST
#24, 2nd Street NW, Redcliff, AB
Terms of Sale Agreement
PLEASE NOTE added terms / information on Lot 153 & 154
1. A 15% Buyers fee will be added to your purchases up to a maximum of $500 for the auction
2. All buyers are required to settle their account with Gateway Auction Services Ltd. in full at the end of the auction. All sales are in Canadian Funds. Payments will be accepted by cash, valid cheque, Interac, Etransfer, Visa, Mastercard or Discover Cards. Driver's license or some sort of positive identification will be required for cheques. N.S.F. or stopping payments will not be tolerated.
3. The sales management, auctioneers and employees act as agents for the seller, but assume no liability for either buyer or seller. Any representations made by the sales management are on behalf of the seller.
4. Each lot will be sold by auction to the highest bidder. The auctioneer reserves the right to accept or reject any bid and in all cases of dispute the auctioneer's decision shall be final.
5. All sales are final. Under the 'Public Auctions Act' the buyer enters into a binding contract when the Auctioneer says 'SOLD'. The buyer is financially responsible for payment according to the 'Terms of Sale'. Ownership passes from seller to buyer when the financial matters are completed at the end of the sale. Liability becomes the responsibility of the buyer at this time.
6. All buyers must register for the sale and agree to the terms of sale. Upon which time they will receive a bid card.
7. All items are sold "as is", "where is" and no warranties implied or guaranties expressed or otherwise exists unless announced at the auction. The auction company accepts no responsibility for errors in description; it being the responsibility of the buyer to inspect the goods before the auction and satisfy themselves as to the condition; identity and authenticity. Any known correction will be made at sale time and will take precedence.
8. All arrangements shipping are the responsibility and liability of the buyer.
9. Any person attending this auction does so at their own risk, and no liability, duty, obligation and/or responsibility shall be imposed upon the consignor or any of their agents for any accident, injury, mishap, theft, damage and/or harm regardless of the source of the imposition.
10. All buyers agree to be bound by the above terms of sale agreement.
Webcast Terms and Conditions
Terms and Conditions Governing the use of Gateway Auction Services Ltd. online bidding services.
Gateway Auction Services Ltd. (Hereinafter referred to as GWA) offers customers the opportunity to participate online in live GWA auctions. GWA reserves the right at our sole discretion, to add, delete or change some or all of our online services at any time without notice.
The following Terms and Conditions govern the use of GWA online bid services and must be accepted, without modification, before you may access GWA online bid services.
The GWA online bid services terms and conditions, together with any additional terms and conditions specific to a particular auction, constitute the entire agreement (the "Agreement") between you and GWA for that particular auction.
GWA reserves the right, in our sole discretion, to allow or deny access to GWA online bid services to any party.
Upon acceptance of your registration and application for access to GWA online bid services, your chosen username and password which will identify you, will be activated. You are responsible for all purchases and activities that occur using your GWA online
***NOTE *** A small fee may be charged to your credit card when you register but it will be refunded to you. This is to varify that it is a valid card.
******IMPORTANT NOTICE *****Your card is NOT automatically charged with your purchase at the close of the auction. You MUST make payment arrangements at the close of the auction.
Services bid number.
1. Fees and Service Costs - no fees at this time for this service.
2. General Eligibility for access to and use of GWA online bid services
By accepting these GWA online bid services terms and conditions, you warrant that:
a) You are of legal age and possess the legal capacity to participate in GWA auctions;
b) Upon approved registration your chosen username & password will be activated and will identify you as a bidder.
PROTECT AND KEEP CONFIDENTIAL YOUR USER NAME AND PASSWORD. You will be financially responsible for the use of your online bid number by yourself of any other party using GWA online bid services under your name or account.
3. GWA reserves the right to refuse any person for any auction.
4. Restrictions Governing the use of GWA online bid services
As a condition of your use of GWA online bid services, you warrant you will not:
a) Use GWA online bid services for any purpose that is unlawful or prohibited by this Agreement;
b) Use GWA online bid services in any manner that could damage, disable, overburden, or impair the GWA auction website;
c) Use any device, software or routine to interfere or attempt to interfere with the proper working of GWA online bid services or the GWA website or auction;
d) Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
e) Interfere or disrupt any computer networks involved in the provision of GWA online bid services;
f) Transmit any viruses or other code, files, or programs that may damage, disrupt or interfere;
with GWA online bid services or any other aspect of the website;
g) Interfere with any other party's use of GWA online bid services;
h) Impersonate any other person or entity, or disguise the origin of any bidder information;
i) Use GWA online bid services to upload, post or distribute any advertising or solicitations; or
j) Use GWA online bid services in such a way as to gain unauthorized access to the computer systems of others.
5. Bidder Information
Bidder Information includes any information you provide to GWA when you register to participate and bid in any GWA auction or communicate with GWA by phone, fax or email as part of your use of GWA online bid services. You are solely responsible for the accuracy of your bidder information and you hereby warrant that your bidder information: (a) is true and accurate; (b) is not fraudulent; (c) does not infringe on any third party copyrights, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) does not violate any applicable law, statute, ordinance or regulation; (e) in not defamatory, obscene or libelous; and (f) does not contain any viruses, code, files, or programs that may damage, disrupt, or interfere with data or personal information. You agree to indemnify and hold GWA harmless from and against loss, cost, expense or damage arising out of a breach of any of the foregoing representations and warranties. GWA reserves the right to take any action with respect to bidder information if GWA reasonably believes such information to breach any of the foregoing representations or warranties or to be restricted or prohibited by law.
6. Using GWA online bid services during an auction: Bids for a particular item may be made on a live basis when using GWA online bid services. BIDS PLACED VIA ONLINE BID SERVICES ARE FIRM COMMITMENTS TO PURCHASE AND MAY NOT BE CANCELLED OR RETRACTED FOR ANY REASON. GWA CANNOT AND DOES NOT GUARANTEE THAT BIDS PLACED VIA GWA ONLINE BID SERVICES WILL BE TRANSMITTED TO OR RECEIVED BY THE AUCTIONEER IN A TIMELY FASHION. FURTHER, THE AUCTIONEER HAS THE SOLE DESCRETION TO ACCEPT OR REFUSE ANY BID.
The official clerking is done in house. If you do not received an email or phone call confirmirming your winning bid, you may not have won the bid.
All bids must be in Canadian funds. Bids do not include any applicable taxes, buyers premiums, customs duties, registration fees, shipping rigging, or other preparation and transportation costs and insurance. Bids for an item do not apply to subsequent offerings of identical or similar items. Bidders placing winning GWA online bids will be notified by e-mail. All forms of shill bidding, including collusion, bid manipulation and bidding on lots that you, or a party that is affiliated with you, have consigned to the auction is strictly forbidden. You may not make a bid under a false name or as agent for a person who would himself be prohibited by these GWA online bid terms and conditions from placing a bid on a particular lot. GWA reserves the right to reject any bid which we deem to not have been made in good faith, or which is restricted or prohibited by law. The winning bidder for a particular lot (the "Purchaser") shall have purchased that lot as the accepted bid amount.
All sales are final. Upon your becoming the Purchaser of a lot, that lot shall immediately become your responsibility and be at your risk. GWA shall not be responsible for loss or damage to any lot once it has been purchased.
8. Payment, Settlement and Removal
The purchaser of a lot shall make payment as follows:
You will be notified of the purchase price, plus any applicable taxes and other charges. Payment must be made by Visa, Mastercard or Discover Card or by wire transfer to the bank account identified in an email sent to you - PAYMENT MUST BE MADE NO LATER THAN THE FIRST BANKING DAY
FOLLOWING THE EMAIL NOTIFICATION YOU RECEIVE. All payments must be in Canadian funds. You agree to pay interest on overdue accounts at a rate of 18% per annum or at such other maximum rate as allowed by law, together with any legal or collection costs, including attorney`s fees, incurred by GWA. You are responsible for transporting purchased lots to your desired location. At no time will any purchased lot be released to you until payment in full for all lots purchased by you has been received by GWA.
9. Auction Data
You may not record, store, duplicate, re-broadcast or otherwise exploit any data or audio/video content transmitted to you as part of the GWA online bid services during a live auction(collectively, "Auction data). GWA owns all right, title and interest in and to all Auction data, including all intellectual property rights therein and thereto.
10. No Warranty, No Professional advice
The descriptions of items appearing in advertising or any information prior to or during the auction are believed to be correct. However, neither those descriptions nor any information supplied by any employee or agent of GWA, in any form whatsoever, shall be construed as a warranty, either expressed or implied. Any descriptions and information supplied by any means is intended solely as general guidance for the purpose of buying and selling lots at GWA auctions. All lots are sold as is where is and bidders are strongly encouraged to inspect the lots before placing bids.
11. Governing Law
The GWA online bid services terms and conditions shall be governed by and interpreted under the laws of, and any auction hereunder against GWA shall be commenced in the Province, or State and Country in which the relevant auctions occurs.
12. The above Terms and Conditions must be agreed to before a bid number will be issued
Seller User Terms
Bidder User Terms