Lot

102

BIONX SeaScape 12-Pedal electric paddle boat (in crate)

In BionX Canada Inc.

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1/7
Auctioneer has chosen not to publish the price of this lot
Aurora , Ontario
13.00%
18.00%

Capital Recovery Group / C3-Crescent Commercial Corporation

BIONX SeaScape 12-Pedal electric paddle boat (in crate)

Auctioneer:

Capital Recovery Group / C3-Crescent Commercial Corporation

BIONX SeaScape 12-Pedal electric paddle boat (in crate)

BionX Canada Inc.

Ends from
Venue Address
455 Magna Drive
Aurora
Ontario
L4G 7L6
Canada

We are making things easier for you, auction specific shipping information coming soon. For now, please visit the Important Information / Terms & Conditions tab [next tab to the right] for auction specific removal dates, preferred vendors and more.

For general shipping information from the auctioneer please see below:

General delivery information available from the auctioneer

Local Shippers/Riggers:

General Items:

Navis Pack & Ship of Toronto

10-910 Rowntree Dairy Road

Office:      (416) 201-4441

Toll Free: 1-877-264-5984

Email:  cn1005@gonavis.com

 

Industrial Movers:

KMJ Industrial Contractors Inc.

180 Trowers Road, Unit 24

Vaughan, Ontario, Canada, L4L 8A6 

 Office:  905-850-7100

Mobile: 416-702-6477

Email: gward@kmjici.com

 

Pallet Racking:

Top Rack Installations Inc.

Kevin Ausman

(416) 738 0263

info@toprack.ca

 

CANCAN Installations Inc.
6315 Shawson Drive
Suite # 9
Mississuaga ON.
L5T 1J2 Canada

Phone: 905-696-7471
Email: info@cancaninstallations.com

Important Information

Sale Date: Online Only Bidding Begins Closing on Wednesday, August 15, 2018 at 10am EDT 

Inspection Date: August 13 & 14, 2018 from 9:00 AM to 5:00 PM EDT

ALL PURCHASES MUST BE PAID BY FRIDAY AUGUST 17 AT 1PM

Removal of Items: Thursday August 16 at 12pm until Friday August 24,2018 (Business Days)

Battery and Motor Assembly Equipment undefined Wheel Lacing and Truing Line undefined Machine Tools and Accessories undefined Test and Measurement Equipment undefined Assembly Benches, Tool Chests, and Parts Cabinets undefined Air Compressors and Dryers undefined Warehouse Racking undefined Prototype Bicycles, Peddle Boats, Bicycle Repair Equipment, and Tools undefinedHigh Line Office Furniture & Fixtures

 

Local Shippers/Riggers:

General Items:

Navis Pack & Ship of Toronto

10-910 Rowntree Dairy Road

Office:      (416) 201-4441

Toll Free: 1-877-264-5984

Email:  cn1005@gonavis.com

 

Industrial Movers:

KMJ Industrial Contractors Inc.

180 Trowers Road, Unit 24

Vaughan, Ontario, Canada, L4L 8A6 

 Office:  905-850-7100

Mobile: 416-702-6477

Email: gward@kmjici.com

 

Pallet Racking:

Top Rack Installations Inc.

Kevin Ausman

(416) 738 0263

info@toprack.ca

 

CANCAN Installations Inc.
6315 Shawson Drive
Suite # 9
Mississuaga ON.
L5T 1J2 Canada

Phone: 905-696-7471
Email: info@cancaninstallations.com

Terms and Conditions

These are the complete and only terms and conditions on which all property is offered for sale. By bidding in this auction, prospective bidders agree to be bound by the following:

 

AUCTION WILL BE CONDUCTED IN U.S. FUNDS


Registration

All prospective bidders must provide accurate and complete personal information prior to the auction, including name, company name, mailing address and phone number, and credit card information (for internet bidders). First time internet bidders must first register on-line with Bidspotter at bidspotter.com and then register on-line for the specific Crescent Commercial Corporation (“C3”) \ Capital Recovery Group, LLC (“CRG”)  auction. Internet bidders that have already registered with Bidspotter can register directly for the specific C3 & CRG auction.


Deposit

To register online for any auction, C3 & CRG reserves the right to require a deposit upon registration including credit card deposits and holds on the credit card for a minimum of $500.00 USD. All deposits are refundable. C3 & CRG reserves the right to charge any buyers credit card for purchases made at the sale including all fees associated therewith if there is no communication between buyer and C3 & CRG. We will make multiple attempts to contact buyer prior to charging the credit card associated with the account. If Buyer is the successful bidder of the Purchased Items which shall be paid at the time Buyer becomes the winning bidder of the Purchased Items. If Buyer is the winning bidder for the Purchased Items, the refundable deposit set forth in the first sentence of this Section shall become non-refundable and such amount together with the increased deposit shall be applied toward payment of the Purchase Price


Terms of Sale

By using or accessing any C3 & CRG (including internet services), you agree that you have read and understood these terms and conditions and are bound by them. You may not use or access any C3 & CRG services if you do not agree to these terms and conditions. If you do not understand any terms and conditions, contact Crescent 514-739-3355 ext 211.

 


Buyer's Premium

C3 & CRG will charge and retain a non-negotiable buyer's commission ("Buyer's Premium") on the proceeds of any sale based on the final and accepted bid for the Purchased Items. The Buyer's Premium will be 18%.


Taxes

All applicable sales taxes apply. Buyer is responsible for providing a bill of lading that the merchandise is leaving the country to be exempt in paying the sales tax.


Payment

If Buyer is the winning bidder for the Purchased Items, full payment of the purchase price for the Purchased Items due to C3 & CRG (the “Purchase Price”), must be made in United States Dollars, and must be made on the day of sale as set forth in the invoice sent to Buyer at the end of the auction (the “Invoice”). Payment is due and payable in cash, by cashier’s check, wire transfer or when applicable, VISA, MasterCard, or American Express credit card payable to Crescent Commercial Corporation. All payments made by credit card will be subject to a 3.5% Service Fee. Buyer shall pay C3 & CRG a late penalty on all amounts over 30 days past due computed at the greater of (i) 18% per annum, and (ii) the maximum rate permitted by applicable Connecticut law. If Buyer fails to pay the Purchase Price in accordance with these Sale Terms, Buyer agrees that it remains responsible for payment of the Purchase Price and C3 & CRG shall have the right to commence all legal 

actions against Buyer for collection of the entire Purchase Price amount. Buyer shall also be liable for any and all costs and expenses incurred by C3 & CRG arising out of or in connection with C3 & CRG efforts to collect any unpaid amounts hereunder including, without limitation, attorney or collection agency fees and expenses. No forbearance, indulgence, or delay by C3 & CRG in taking any action hereunder shall be deemed a waiver of any rights of C3 & CRG hereunder. Until C3 & CRG has received payment in full of the Purchase Price, the Rigger Equipment Removal and Site Access Agreement executed by the rigger named therein, C3 & CRG, the owner of the Real Property and Buyer (the “Rigger Removal Agreement”), if applicable, and any other documents required by C3 & CRG, Buyer shall have no right to dismantle or remove any of the Purchased Items from the real property located at the auction site (the “Real Property”).


Catalog Descriptions

Neither C3 & CRG nor the Owner make any representations, warranties or guarantees, expressed or implied, as to the genuineness, authenticity, quantity, quality, condition, usability, salability, weight, measure, count, make, model, year, age, mechanical condition, performance, description, or other specifications of any items upon which Buyer will be bidding or in any lot(s). Neither C3 & CRG nor the Owner shall be liable for any fault or defect in any lot(s). C3 & CRG shall not be held liable for any inaccurate, incomplete or incorrect description, of any items or lot(s) upon which Buyer will be bidding, or in any media pertaining to the auction, whether in a catalog, advertisement, website listing, or otherwise. Descriptions of items are prepared FOR GUIDE PURPOSES ONLY and shall not be relied upon by the Buyer for accuracy or completeness. BUYER ACKNOWLEDGES THAT NO REPRESENTATIVE OF C3 & CRG HAS AUTHORITY TO MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE PURCHASED ITEMS. THE PURCHASED ITEMS SOLD BY CRG HEREUNDER ARE SOLD “AS IS”, “WHERE IS”, AND WITHOUT REPRESENTATION, WARRANTY OR RECOURSE OF ANY KIND OR NATURE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL IMPLIED OR EXPRESS WARRANTIES ARISING UNDER THE UNIFORM COMMERCIAL CODE OR UNDER ANY OTHER APPLICABLE LAW INCLUDING THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY CRG AND OWNER IN THEIR ENTIRETY. IN ADDITION, CRG AND OWNER MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE TITLE, POSSESSION, QUIET ENJOYMENT, LOCATION OR COMPLETENESS OF THE PURCHASED ITEMS.

 

How do I bid on the internet? 

C3 & CRG will accept bids from Buyers who wish to bid, but cannot attend the auction. The bids must be placed online at www.Bidspotter.com. All bids will be recorded and synced with those bids received onsite in real time, with the highest bid price, winning the item(s), regardless of being placed online or onsite. Any taxes and/or Buyer’s Premium will be added to the winning bid price. Buyers who choose to bid at any auction online using Bidspotter.com shall do so at their own risk. C3 & CRG’s cannot guarantee the transmission of online bids when situations or circumstances beyond C3 & CRG’s control interfere with the normal operation of Bidspotter.com. C3 & CRG’s have no responsibility or liability for items lost at auction due to any system malfunction of Bidspotter.com. It is the responsibility of the Buyer to follow instructions of Bidspotter.com to properly operate the online bidding system.


After the Auction

Title shall pass to Buyer upon the satisfactory completion of all of the following: (i) C3 & CRG’s receipt of full payment for the Purchased Items in accordance with these Sale Terms; (ii) the Purchased Items have been removed from the Real Property in compliance with the Rigger Removal Agreement, if applicable; (iii) all damage, if any, to the Real Property and to any other personal property located at the Real Property caused by removing the Purchased Items has been repaired to the satisfaction of C3 & CRG and the owner of the Real Property; (iv) Buyer shall not be in breach of any of items set forth in these Sale Terms.


Shipping

Buyer or its authorized agent is responsible for removal of equipment by the Removal Deadline in accordance with all applicable terms and conditions.


Removal

Purchased Items can only be removed from the Real Property within the removal time as announced at the sale and as indicated on the Invoice (the “Removal Deadline”). No Purchased Items can be removed, segregated, or dismantled by Buyer before the conclusion of the auction. Prior to removal of any Purchased Items, the entire Invoice for all Purchased Items must be paid in full in order to gain access to the Real Property. Buyer must present a representative of Crescent Commercial Corporation with an original Invoice marked “PAID” and a fully executed Rigger Removal Agreement, if applicable.


Removal Hours and Dates

Removal hours, dates and deadlines will be posted and/or announced for each sale and will be strictly adhered to. All purchases must be completely removed no later than the date specified. NO MERCHANDISE WILL BE RELEASED DURING THE AUCTION SALE OR WITHOUT PAYMENT IN FULL. Buyer is responsible for arranging for packing and shipping of all lots purchased and paying for all shipping and handling charges. Buyer expressly assumes all responsibility to secure all safety equipment and to meet all applicable local, state and governmental safety standards in using or removing any items purchased. REMOVAL DATE STARTS AUGUST 16 AT 12PM and ENDS AUGUST 24 AT 4PM (BUSINESS DAYS) These dates and times are strictly adhered to.


Riggers and Movers

All contracted riggers and movers must have an insurance certificate on file with C3 & CRG with a minimum of $2,000,000 in comprehensive liability insurance written by an insurance carrier of national standing in form, scope and content acceptable to C3 & CRG in its sole discretion and which names C3 & CRG and, if applicable, Consignor, as additional insured(s) and lists as the location the auction location, before any item may be removed. Insurance certificates should be emailed to pat@c3.com prior to any handling or removal of items.


Removal Procedures

Pay your invoice in full. You will then be given 2 copies of your invoice. Return to the auction site during the removal hours with the pick-up copy of your invoice. The C3 representative will allow you to remove all of the items you purchased at the auction. If you are unable to remove all of your items in one day, bring the original pick-up copy of your invoice when you return. This is the only way for C3 to be sure of which items you have already removed. Payment Deadline: Within one (1) business day after invoice date.


Additional Check-Out Procedures

TERMS AND CONDITIONS OF SALE These Terms and Conditions of Sale (“Sale Terms”) govern all items which are offered for sale by C3 & CRG and any of its employees, agents, designees, affiliates, joint venture partners, and co-auctioneers to a buyer (the “Buyer”) of any machinery, equipment or other personal property items offered by C3 & CRG and purchased by Buyer (collectively, the “Purchased Items”).  The owner of the items upon which Buyer will be bidding may be owned either by C3 & CRG or by another entity who has retained C3 & CRG to sell such items (the “Owner”).  C3 & CRG reserves the right to modify these Sale Terms at any time and any such modification shall become part of these Sale Terms.  By registering at the auction, onsite or online, the Buyer agrees that it has read and fully understands these Sale Terms and agrees to be bound by these Sale Terms.

1. Payment.  If Buyer is the winning bidder for the Purchased Items, full payment of the purchase price for the Purchased Items due to C3 & CRG (the “Purchase Price”), must be made in United States Dollars, and must be made on the day of sale as set forth in the invoice sent to Buyer at the end of the auction (the “Invoice”).  Payment is due and payable in cash, by cashier’s check, wire transfer, or when applicable, VISA, MasterCard, or American Express credit card payable to Crescent.  Buyer shall pay Crescent a late penalty on all amounts over 30 days past due computed at the greater of (i) 18% per annum, and (ii) the maximum rate permitted by applicable Connecticut law.  If Buyer fails to pay the Purchase Price in accordance with these Sale Terms, Buyer agrees that it remains responsible for payment of the Purchase Price and C3 & CRG shall have the right to commence all legal actions against Buyer for collection of the entire Purchase Price amount.  Buyer shall also be liable for any and all costs and expenses incurred by C3 & CRG arising out of or in connection with C3 & CRG’s efforts to collect any unpaid amounts hereunder including, without limitation, attorney or collection agency fees and expenses.  No forbearance, indulgence, or delay by C3 & CRG in taking any action hereunder shall be deemed a waiver of any rights of C3 & CRG hereunder.  Until C3 & CRG has received payment in full of the Purchase Price, the Rigger Equipment Removal and Site Access Agreement executed by the rigger named therein, C3 & CRG, the owner of the Real Property and Buyer (the “Rigger Removal Agreement”), if applicable, and any other documents required by CRG, Buyer shall have no right to dismantle or remove any of the Purchased Items from the real property located at the auction site (the “Real Property”).

2. Taxes.  Prices do not include any federal, state or local taxes, which are in addition to the Purchase Price and must be paid by Buyer where applicable and may be added by C3 & CRG to the Invoice unless Buyer furnishes C3 & CRG with a bill of Lading that the merchandise is leaving the country.  In addition, any and all foreign duties and taxes are also the responsibility of Buyer and Buyer hereby indemnifies and holds C3 & CRG harmless from any and all claims, costs, expenses and liability incurred by C3 & CRG resulting from Buyer’s failure to pay any foreign duties and taxes.  The failure of C3 & CRG to include any such federal, state or local taxes does not excuse the Buyer from responsibility for paying any such taxes and Buyer hereby indemnifies and holds C3 & CRG harmless from any and all claims, costs, expenses and liability incurred by C3 & CRG resulting from Buyer’s failure to pay any federal, state or local taxes.

3. Buyer’s Premium.  C3 & CRG will charge and retain a non-negotiable buyer's commission ("Buyer's Premium") on the proceeds of any sale based on the final and accepted bid for the Purchased Items.  The Buyer's Premium will be 18% for purchases made through online bidding.  

4. Title.  Title shall pass to Buyer upon the satisfactory completion of all of the following:  (i) CRG’s receipt of full payment for the Purchased Items in accordance with these Sale Terms; (ii) the Purchased Items have been removed from the Real Property in compliance with the Rigger Removal Agreement, if applicable; (iii) all damage, if any, to the Real Property and to any other personal property located at the Real Property caused by removing the Purchased Items has been repaired to the satisfaction of C3 & CRG and the owner of the Real Property; (iv) Buyer shall not be in breach of any of items set forth in these Sale Terms. 

5. INSPECTION.  BUYER SHALL BE DEEMED TO HAVE RELIED ENTIRELY UPON ITS OWN INSPECTIONS AND INVESTIGATIONS OF ALL OF THE ITEMS UPON WHICH BUYER WILL BE BIDDING AND/OR PURCHASING.  BUYER HEREBY ACKNOWLEDGES THAT BUYER AND BUYER’S AGENTS OR REPRESENTATIVES HAVE HAD THE OPPORTUNITY TO INSPECT, OR HAVE INSPECTED, ALL OF THE ITEMS UPON WHICH BUYER WILL BE BIDDING AND/OR PURCHASING.  BUYER AGREES THAT BY SUBMITTING A BID FOR ANY ITEM, BUYER SHALL BE DEEMED TO HAVE INSPECTED ALL OF THE ITEMS UPON WHICH BUYER WILL BE BIDDING AND/OR PURCHASING.  AFTER A SALE OF PURCHASED ITEMS HAS BEEN CONFIRMED, THE BUYER SHALL BE DEEMED TO HAVE INSPECTED ALL PURCHASED ITEMS AT THE TIME OF SALE CONFIRMATION. 

6. Acceptance by Buyer.  Buyer agrees that its acceptance of the Purchased Items shall constitute an acknowledgment by Buyer that the Purchased Items satisfies any and all obligations of C3 & CRG hereunder.  Buyer may not revoke its acceptance for any reason whatsoever. 

7. Safety Standards.  Buyer expressly assumes all responsibility to obtain all safety equipment and to meet all applicable local, state and federal laws, regulations and standards in removing any of the Purchased Items.  Buyer further agrees to comply with the Rigger Removal Agreement, if applicable. 

8. Removal of Purchased Items.  Purchased Items can only be removed from the Real Property within the removal time as announced at the sale and as indicated on the Invoice (the “Removal Deadline”).  No Purchased Items can be removed, segregated, or dismantled by Buyer before the conclusion of the auction.  Prior to removal of any Purchased Items, the entire Invoice for all Purchased Items must be paid in full in order to gain access to the Real Property.  Buyer must present a representative of Crescent with an original Invoice marked “PAID” and a fully executed Rigger Removal Agreement, if applicable. 

9. Failure to Remove Purchased Items/Bankruptcy.  If Purchased Items are not removed by the Removal Deadline (i) such Purchased Items will be deemed abandoned by the Buyer, (ii) Buyer shall forfeit all monies paid to C3 & CRG for such Purchased Items, and (iii) Buyer shall forfeit any rights to such Purchased Items.  In addition, Buyer shall be responsible for all damages suffered by C3 & CRG, including, but not limited to, any dismantling, transportation, storage or other costs, including attorneys’ fees and expenses incurred by C3 & CRG as a consequence of Buyer’s failure to remove such Purchased Items.  Buyer hereby grants to C3 & CRG a security interest in the Purchased Items to 

secure Buyer’s obligation to remove the Purchased Items from the Real Property not later than the Removal Deadline and in compliance with the terms of the Rigger Removal Agreement, if applicable.  Buyer hereby authorizes C3 & CRG the right to file and/or record such documents and financing statements as are necessary or useful to perfect such security interest in the Purchased Items as provided in this Section 9, and Buyer shall execute and deliver to C3 & CRG such documents as requested in connection therewith.  In the event Buyer fails to remove the Purchased Items on or before the Removal Deadline, C3 & CRG shall have the right to foreclose its security interest in the Purchased Items by a public or private sale in accordance with applicable law.  In addition, in the event any one or more of the following shall occur, any and all obligations of C3 & CRG hereunder, including without limitation, any obligations to Buyer in respect of the Purchased Items shall immediately terminate and without further action by C3 & CRG:  (a) Buyer files a voluntary petition in bankruptcy or a bankruptcy petition is filed against Buyer; (b) Buyer becomes insolvent or makes an assignment for the benefit of its creditors; or (c) Buyer discontinues its business or a receiver is appointed for Buyer or its business. 

10. Integration; Modifications.  Buyer acknowledges that these Sale Terms, the Invoice, the Rigger Removal Agreement, if applicable, a bill of sale, if applicable, and all attachments and exhibits hereto and thereto, (a) are the only terms and conditions of sale for the Purchased Items, (b) are intended by the parties as a complete and exclusive statement of the terms of their agreement in respect of the Purchased Items, and (c) supersede all prior agreements, written or oral in respect of the auction and Purchased Items, except for any and all announcements made by the auctioneer on the day of the auction concerning the Sale Terms, which Buyer acknowledges and agrees to be bound.  Any variation from the terms hereof contained in the Buyer’s acceptance of the Purchased Items is hereby rejected. To register for the online component of any live auction conducted by Bidspotter™ bidders will be required to submit a valid VISA, MasterCard, or American Express credit card and complete the online registration information.  The credit card will not be charged except in the event of failure to pay. 

11. Online Bids.  C3 & CRG will accept bids from Buyers who wish to bid, but cannot attend the auction.  The bids must be placed online at www.Bidspotter.com.  All bids will be recorded and synced with those bids received onsite in real time, with the highest bid price, winning the item(s), regardless of being placed online or onsite.  Any taxes and/or Buyer’s Premium will be added to the winning bid price.  Buyers who choose to bid at any auction online using Bidspotter.com shall do so at their own risk.  C3 & CRG cannot guarantee the transmission of online bids when situations or circumstances beyond C3 & CRG’s control interfere with the normal operation of Bidspotter.com.  C3 & CRG has no responsibility or liability for items lost at auction due to any system malfunction of Bidspotter.com.  It is the responsibility of the Buyer to follow instructions of Bidspotter.com to properly operate the online bidding system.

12. Bidding.  If any dispute arises between two or more bidders, the auctioneer has the right in its sole and absolute discretion to determine the winning bidder or to re-offer and resell the item or lot in dispute.  C3 & CRG shall have no liability arising from any dispute between two bidders.  C3 & CRG reserves the right to group one or more lots into one or more selling items or lots, or to add to or delete items or lots at its sole discretion.  C3 & CRG reserves the right to set the bidding increments.  C3 & CRG also reserves the right to reject any bid which is only a fractional advance over the preceding bid.  C3 & CRG, or the owners, reserves the right to set and/or to modify a minimum price. 

13. Hazardous Materials.  Buyer acknowledges that Purchased Items may contain Hazardous Materials.   BUYER HEREBY INDEMNIFIES, DEFENDS, PROTECTS AND HOLDS HARMLESS, THE INDEMNIFIED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, ACTIONS, CAUSES OF ACTION, COSTS AND JUDGMENTS, INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES, ARISING FROM OR RELATING TO ANY RELEASE OF ASBESTOS, PCBS OR OTHER HAZARDOUS MATERIALS IN CONNECTION WITH THE REMOVAL AND TRANSPORTATION OF THE PURCHASED ITEMS FROM THE REAL PROPERTY.  As used in these Sale Terms “Hazardous Materials” means (a) substances that are defined or listed in, or otherwise classified pursuant to, any applicable laws or regulations as “hazardous substances,” “hazardous materials,” “hazardous wastes,” “toxic substances,” or any other formulation intended to define, list, or classify substances by reason of deleterious properties such as ignitability, corrosivity, reactivity, carcinogenicity, reproductive toxicity, or “EP toxicity,” (b) oil, petroleum, or petroleum derived substances, natural gas, natural gas liquids, synthetic gas, drilling fluids, produced waters, and other wastes associated with the exploration, development, or production of crude oil, natural gas, or geothermal resources, (c) any flammable substances or explosives or any radioactive materials, and (d) asbestos in any form or electrical equipment that contains any oil or dielectric fluid containing levels of polychlorinated biphenyls in excess of 50 parts per million.  As used in these Sale Terms, “Indemnified Parties” means collectively C3 & CRG, the owner of the Real Property, the Owner and their respective managers, officers, directors, shareholders, members, agents, attorneys, employees, successors and assigns. 

14. Buyer’s Responsibility and Indemnity.  Buyer acknowledges the Real Property where items upon which Buyer may be bidding are located, held or presented for inspection, may be potentially dangerous places which may include noxious, corrosive and pressurized substances being present, heavy equipment being operated, and live electric circuits.  Buyer and its agents and representatives present at the Real Property before, during or after an auction shall be deemed to be present at their own risk.  Buyer further acknowledges that C3 & CRG shall have no liability for any injuries sustained to Buyer and its agents and representatives, nor damages to or loss of property which may occur from any cause whatsoever.  Removal of Purchased Items shall be at the sole expense, risk and liability of the Buyer.  In addition, all freight and insurance charges are the responsibility of Buyer unless otherwise agreed by C3 & CRG and Buyer in writing.  Buyer shall be responsible for and pay all expenses, losses and damages that may arise from the removal and transportation of the Purchased Items from the Real Property, and all losses, damages, debts and liabilities incurred by Buyer in connection with Buyer’s purchase and removal of the Purchased Items and all other expenses relating or incidental thereto.  BUYER HEREBY INDEMNIFIES, DEFENDS, PROTECTS AND HOLDS HARMLESS, THE INDEMNIFIED PARTIES FROM AND AGAINST ALL SUITS, CLAIMS, COSTS, DAMAGES AND EXPENSES, INJURIES TO ANY PROPERTY OR PERSONS (INCLUDING DEATH) INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES, ARISING OUT OF OR IN CONNECTION WITH BUYER’S ATTENDANCE AT THE AUCTION, VISITS TO THE REAL PROPERTY, PURCHASE, OWNERSHIP, DISMANTLING, REMOVAL FROM THE REAL PROPERTY, TRANSPORTATION, REASSEMBLY, USE AND/OR RESALE OF THE PURCHASED ITEMS, OR THE PERFORMANCE OF ANY OF THE OBLIGATIONS OF BUYER. 

15. No Warranties.  Neither C3 & CRG nor the Owner make any representations, warranties or guarantees, expressed or implied, as to the genuineness, authenticity, quantity, quality, condition, usability, salability, weight, measure, count, make, model, year, age, mechanical condition, performance, description, or other specifications of any items upon which Buyer will be bidding or in any lot(s).  Neither C3 & CRG nor the Owner shall be liable for any fault or defect in any lot(s).  C3 & CRG shall not be held liable for any inaccurate, incomplete or incorrect description, of any items or lot(s) upon which Buyer will be bidding, or in any media pertaining to the auction, whether in a catalog, advertisement, website listing, or otherwise.  Descriptions of items are prepared FOR GUIDE PURPOSES ONLY and shall not be relied upon by the Buyer for accuracy or completeness. BUYER ACKNOWLEDGES THAT NO REPRESENTATIVE OF CRG HAS AUTHORITY TO MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE PURCHASED ITEMS. THE PURCHASED ITEMS SOLD BY CRG HEREUNDER ARE SOLD “AS IS”, “WHERE IS”, AND WITHOUT REPRESENTATION, WARRANTY OR RECOURSE OF ANY KIND OR NATURE.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL IMPLIED OR EXPRESS WARRANTIES ARISING UNDER THE UNIFORM COMMERCIAL CODE OR UNDER ANY OTHER APPLICABLE LAW INCLUDING THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY C3 & CRG AND OWNER IN THEIR ENTIRETY.  IN ADDITION, CRG AND OWNER MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE TITLE, POSSESSION, QUIET ENJOYMENT, LOCATION OR COMPLETENESS OF THE PURCHASED ITEMS. 

16. Default/Non-Compliance.  In addition to the matters set forth in Section 1 above, if Buyer fails to pay the Purchase Price for any of the Purchased Items, C3 & CRG may resell such items at a public or private sale without further notice.  If, at such a sale, such item(s) is sold for a lesser price; the defaulting Buyer will be responsible to pay for the difference together with all charges, fees and/or expenses, including but not limited to, the cost of removal and resale of the abandoned item(s), commissions, and legal fees incurred by CRG as a result of resale.

17. Limitation of C3 & CRG’s Liability.  C3 & CRG shall not be liable to Buyer for any damages, including, without limitation, incidental, consequential, exemplary, treble or special damages or damages for breach of contract, tort (including negligence), strict liability, patent infringement or otherwise arising out of or in any way related to the (i) auction, (ii) Purchased Items or any act or omission of C3 & CRG concerning the Purchased Items, (iii) removal and/or delivery of any Purchased Items from the Real Property, or (iv) dismantling, removal, transport, reassembly, use, operation, maintenance, or repurchase and/or resale of the Purchased Items by any person. 

18. Acts of Others. C3 & CRG is not responsible for the acts or omissions of (i) of any party who provided any items to the auctioneer for sale, (ii) owner or lessor of the Real Property, or (iii) any party who provides services to the auctioneer and/or Buyer, including, but not limited to telecommunication, internet bidding services, removal, rigging, or shipping, of Purchased Items.

19. Headings.  The section headings in these Sale Terms are inserted for convenience only and are not intended to modify or define any term or provision of these Sale Terms. 

20. Governing Law; Jurisdiction.  THESE SALE TERMS SHALL BE DETERMINED UNDER, GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF CANADA.  EACH OF THE PARTIES HERETO AGREES THAT ALL ACTIONS OR PROCEEDINGS ARISING IN CONNECTION WITH THESE SALE TERMS SHALL BE TRIED AND LITIGATED ONLY IN THE FEDERAL COURTS LOCATED IN CANADA.  

21. Severability.  If any provision of these Sale Terms is deemed illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining parts, shall not be affected.

 

See Full Terms and Conditions