Auction Terms & Conditions
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Pyne Wholesale Auction Terms & Conditions
- Subject to the Vendor having the right to bid the highest bidder shall be the Purchaser, and in the event of any dispute arising the lot in dispute shall be put up again and the Auctioneer's decision shall be final.
- Unless otherwise specifically stated by the Auctioneer each bid shall be at least twenty-five per cent in advance of the previous one and no party will be allowed to retract his or her bid after once taken.
- The Auctioneer reserves the right to accept or refuse any bid or bids without having to state any reason or reasons therefor.
- On the fall of the hammer the Purchaser shall give his or her name and place of abode and shall (if so required) immediately pay down twenty cents in the dollar in part payment of the purchase money and/or complete the Memorandum of Purchase Form; in default the lot or lots so purchased may at the Auctioneer's absolute discretion be immediately put up again and resold.
- The Purchaser shall be deemed to be the Principal unless prior to the sale he has disclosed to the Company that he will be bidding on behalf of a Principal whose name and address shall be disclosed to the Auctioneer.
- The Purchaser and Vendor authorise the Auctioneer and/or the Auctioneer's clerk to sign on their behalf the sale book which with these conditions shall, except as otherwise provided by State or Federal law, constitute the whole contract between the Vendor and the Purchaser to the exclusion of everything else.
- On the fall of the hammer each lot shall be at the Purchaser's risk and expense and except as hereinbefore provided the same shall be paid for in cash immediately on conclusion of the sale, and prior to delivery, but in the event of delivery being made, or possession obtained by the Purchaser or his representative, prior to payment of the purchase money, then until payment in full of the purchase money or any cheques given on account of same, the property in the lot shall not pass to the Purchaser.
- Except as otherwise provided by State or Federal law, no condition or warranty is given or implied by the Auctioneer with any lot offered. As all lots are open for inspection prior to the commencement of the sale, it is assumed that the goods have been inspected and are sold with all faults, if any. Except as otherwise provided by State or Federal law, no compensation shall be made in respect of any fault or error of description of any lots sold.
- Any statement as to the quantity of goods is approximate only and is as represented to this Company. The Company gives no warranty that quantities as stated are correct. In addition to any other rights the purchaser may have, compensation for shortages in quantity shall be given if demanded in writing before delivery of the goods. In the event of any dispute as to compensation, the dispute shall be settled by an arbitrator who shall be a person mutually agreed upon by the parties.
- To prevent inaccuracy in delivery and inconvenience in the settlement of the purchases, no lot can be removed on any account during the time of the sale, however all lots sold must be removed within two (2) days of the completion of the sale or as specified at the time of sale.
- If any Purchaser shall fail to comply with these conditions or any of them or if any cheque given on account of his purchase is dishonoured, any monies which such Purchaser shall have paid to the Auctioneer's (Pyne Wholesale) on account of his purchase or purchases shall be absolutely forfeited to the Vendors and the Vendors of the Auctioneers shall be at liberty to sue such Purchaser for damages, or at their option to resell the lot in any manner upon such terms and conditions as they may think proper.
- All losses and expenses incurred by the Vendor or Pyne Wholesale resulting from any resale pursuant to Clause 11 hereof and all damages which the Vendor or Pyne Wholesale may sustain hereby shall be recoverable from the Purchaser as liquidated damages and the Vendor or Pyne Wholesale shall not be obliged to give any notice of such resale. Without limiting the generality of the foregoing Pyne Wholesale shall be entitled in the event of such resale to:
- The amount of any commission lost on a purchase as the result of the Purchaser not proceeding with the purchase.
- The costs of advertising in respect of any such purchase.
- Where delivery is arranged by the Auctioneer the Following conditions apply
- Time for deliveries are approximate only
- Delivery site must be reasonably accessible to delivery vehicle.
- Unloading will be generally by crane on truck to most convenient point
- Purchaser indemnifies the Auctioneer and its agents for any damage to the goods or to the delivery point or route incurred in making the delivery.
- If the delivery vehicle is delayed at the delivery point for more that 30 minutes, the purchaser shall pay waiting time at the rate of $20.00 per 15 minutes or part thereof.
- The Purchaser acknowledges that working with the products sold may be hazardous to health including exposure to wood dust and indemnifies the Auctioneer and Vendor from any damage or injury arising therefrom
- All items to be paid in full by Tuesday 4 pm.
- All payments by cash, credit card or by arrangement company cheque.
- 10% Buyers Premium will be charged on Invoice total exclusive of freight.
- 10% G.S.T. will be charged on invoice total.