TERMS & CONDITIONS
Buyer Terms & Conditions
All Bidders will be required to enter a credit card for a $1000 pre-authorization deposit. If no purchases are made, the deposit will be released within 2 business days. If items are purchased and not paid in full, the deposit will be non-refundable.
The Bidder, whether acting as principal, agent, officer or director of a company or otherwise, in any capacity whatsoever, and the company they represent, both jointly and severally agree:
- To indemnify save harmless Auctioneers and its consignors (“Consignors”) from any and all actions, causes of action, suits, damages, costs and losses of any nature, arising from the attendance or participation of Bidder, their agents or employees, at the auction sale and/or on the auction site whether before, during or after the auction sale;
- To be responsible for the payment of the purchase price and taxes plus applicable fees due on all Bidder’s Purchases;
- Not to be bidding on lots or purchasing any lot on behalf of any Consignor of items in the auction sale.
Payment Types
- Bank Draft, Certified Cheque, Wire Transfer, E-Transfer, Cash, Direct Deposit.
- Credit Cards (MC & Visa) up to a max of $1000 for total invoice.
- Payment in full is due 2 business days following the auction
Administration Fees (Subject to Change Based on Auction Type)
Live Auction - Trucks, Equipment & Trailers 10% on all lots selling for $12,500.00 or less and 1% on balance over $12,500.00 if applicable. Maximum fee $3,000.00 per lot Example Fee - Purchase price $75,000.00 - admin fee $1875.00 ($1250.00 + $625.00)
Timed Auction - Non-Operable, Trailers, & Miscellaneous 12% on all lots selling for $10,000.00 or less and 1% on balance over $10,000 if applicable. Maximum fee $3,000 per lot
Live Auction (Saturday) - Light Automotive & RV's 12% Max $600.00 per lot
Administration fees are subject to change based on the auction type, please be sure to read the Terms & Conditions and Administration Fees within the auction to ensure the correct information.
All purchase prices plus administration fees are subject to 5% GST
Arbitration Policy (Based on Auction Type)
- Any vehicle sold in our 3 Day Unreserved - AS IS Auction is not eligible for arbitration.
- Any vehicle sold in our Timed Auction declared “Unreserved AS IS” is not eligible for arbitration.
- Arbitration is limited to Light Vehicles & RV’s only
- Arbitration is limited to Engines, Transmissions & Transfer Cases only
- Any vehicle with a declaration made regarding Engines / Transmissions / Transfer Cases are not eligible for arbitration (including check engine lights)
- For a vehicle to be eligible for arbitration, a post sale inspection must be conducted prior to leaving the auction site by a third party mechanic within 1 week following the auction date
- Post sale inspection will be at a cost of $135 + GST to be paid by the purchaser and must be requested by the purchaser to a Michener Allen representative
The terms shall be governed by and interpreted under the laws of, and any action hereunder against Auctioneers shall be commenced in, the Province and Country in which the auction occurs.
The Bidder grants to the Auctioneers a Security interest in the Purchases, to secure payment of the purchased price. In the event of Non-payment, the Auctioneers may proceed to file the Bidder Registration Agreement as a Financing statement to protect the security interest granted by this Security Agreement including applicable fees.
The Bidder acknowledges that an auction site is a potentially dangerous place. Flammable, noxious, corrosive and pressurized substances are present, heavy equipment is being operated and electric circuits may be live. Every person at the auction site at any time, shall be there at his own risk with notice of the condition of the premises and the activities thereon and Bidder shall so advise his agents and employees. No person shall have any claim against Auctioneers, their agents, employees, or principals for any injuries sustained, nor for damages to or loss of property which may occur from any cause whatsoever.
All items Purchased become the responsibility of, and shall be at the risk of, Purchaser upon acceptance of their bid. It shall be the responsibility of the purchaser to insure their purchases immediately. The Auctioneer shall not be responsible for loss or damage to any Purchase. Items not picked up will be reconsigned to the next auction. Storage and commission will be charged.
The Listing Catalogue has been prepared as a guide only, based on information from sources believed to be reliable and from the Consignor; however, its accuracy cannot be guaranteed or warranted. No sale shall be invalidated; nor shall Auctioneers be liable as a result of defects or inaccuracies in the Listing Catalogue.
Bidder acknowledges that all Auction Lots were available for inspection prior to the auction and that it is their responsibility to inspect all equipment and to make their own inquiries prior to bidding.
All items become the sole responsibility of the purchaser immediately upon sale. Michener Allen will be responsible for security of miscellaneous items sale day only. Any and all miscellaneous items left beyond 7 days will be sold in the next auction less commission and charges.
If, for any reason, Auctioneers are unable to make available or deliver any Purchase or clear title to the same, or documentation required in respect of any Purchase, whether before or after delivery, Auctioneers’ sole liability, if any, shall be the return of monies paid in respect of such Purchase price only, upon its return by Purchaser. After 7 days a 5% per month depreciation will be deducted from original purchase price.
Please attend the auction site to preview and inspect items prior to bidding on any item either on the auction site sale day or prior to bidding on any lot via the internet