TERMS AND CONDITIONS
Sale of all merchandise by Mariner Auctions & Liquidations Ltd. ("Seller") is expressly conditioned upon and is subject to the following Terms and Conditions, all of which are acknowledged and hereby accepted by the buyer ("Buyer") of any of Seller's merchandise ("Goods").
1. Buyer acknowledges and agrees that Goods are sold on an "as is, where is" basis, without representations or warranties of any kind, regardless of any statements made by anyone, including an auctioneer. Seller expressly disclaims any implied warranty of merchantability and/or fitness for a particular purpose with respect to any Goods sold to Buyer. Buyer is advised that most or all of the Goods offered by Seller have been received as salvage from a company for sale and resale.
2. The Goods have not been tested to determine working condition and have not been inspected to determine if they are in compliance with any applicable laws, regulations, and standards or whether the Good meet the specifications of the manufacturer or designer thereof. All descriptions are believed to be accurate but are not guaranteed.
3. Buyer is solely responsible to determine whether the Goods offered for sale from the Seller are safe and free from defects and are otherwise suitable for Buyer's intended use. Buyer agrees to indemnify and hold Seller harmless from any and all claims or legal proceedings (including, but not limited to, expenses and reasonable attorneys' fees incurred in connection therewith) which may be brought in connection with damage or personal injury arising out of the quality, safety, use or misuse of the Goods by anyone.
4. The auctioneer's call is considered final. The auctioneer reserves the right to accept bids in any increment they feel is in the best interest Seller. If online bidding is used during the auction, online bidding will interact in real time with floor bidding. By placing a bid, Buyer signifies that they have examined the Goods to their satisfaction or that they have chosen not to personally examine the Goods. Auctioneer reserves the right to reject the bidding to any person whose conduct or actions, in the opinion of the auctioneer, are not in the best interest of the Seller. Buyer is responsible for knowing which lot they are bidding on, as bids cannot be retracted.
5. A winning bid signifies a binding legal agreement between the Buyer and Seller in which the Buyer is expected to pay for all winning auctions in which they are evidenced to be the winning bidder. Immediately following the winning bid, the Buyer becomes solely responsible for all Goods purchased and bears all risk of loss in relation to the Goods. Title of the Goods shall transfer to the Buyer upon complete payment and when the Buyer picks up the Goods.
6. PAYMENT: Buyer must pay for their purchase within 2 days following the auction. Harmonized Sales Tax ("HST") applies on all sales. A fifteen percent (15%) buyer's premium applies to all purchases. All purchases are considered FINAL SALE and there will be no returns, refunds, exchanges or credits. By Default The Credit Card on file for Online Buyers will be charged immediately following the sale unless alternate arrangements have been approved by the Seller. Payments are accepted In Person or Phone using Cash, Credit (Visa, MasterCard or American Express only), Interac Debit or Certified Cheque.
7. PICKUP: Buyer is required to pick up the Goods within 3 days following the auction. Any Goods left at the facility 72 hours following the auction, will incur a $25.00 per day holding fee (including holidays and weekends, no pick-ups on Saturday or Sunday). Any merchandise left on the premises for more than five (5) consecutive days (including weekends and holidays) will be considered abandoned. Buyer of the Goods deemed abandoned thereby forfeits their purchase price paid to Seller, and Seller owes no further duty to the Buyer. The abandoned Goods may then be resold at the next available auction with the proceeds being the exclusive property of Seller. Any Buyer who is deemed to have abandoned their Goods may be banned from participating in future auctions.
8. NOTICE: Proof of payment in full is required in order to pick up the Goods. Dock and ground level loading is available. Seller personnel will be on hand to assist with loading; provided, however, that if Seller personnel or Seller equipment is used to assist the Buyer in loading, buyer will be charged a loading fee.
9. Buyer acknowledges receipt of the Auction and Wholesale Buyer Terms and Conditions and agrees to be bound hereby. If Buyer violates any of the above Terms and Conditions, in addition to other legal remedies available, Buyer's participation in any future auctions, wholesale purchases or access to Seller's premises may be terminated at Seller's option.
10. Bidding is open to all Canadian and US businesses. US buyers please note there will be duties, taxes and import fees in addition to 15% Buyer's Fee and HST when purchasing through Mariner Auctions & Liquidations Ltd. Those costs are solely the responsibility of the buyer.
BY REGISTERING TO PARTICIPATE IN THE AUCTION, BUYER CERTIFIES THAT HE/SHE HAS READ,
UNDERSTOOD AND AGREES TO ALL THE TERMS AND CONDITIONS PROVIDED.