Terms and Conditions

Thank you for taking the time to actually read these terms and conditions. The use of this web site is a privilege and honestly, these terms and conditions have been written to protect the web site owners and their consignors.

BC Surplus and its consignors reserve the right to modify, add, adjust and change these terms and conditions without notice. Members, customers and clients that are using this web site should frequently read and inspect these terms and conditions. Use of this web site is conditional upon acceptance of these terms and conditions.

This web-site is intended to be a friendly, enjoyable and useful experience, but as with anything concerning any kind of retail or commercial transactions, there are risks involved and we strongly advise you to understand all of these terms before using this website.

Membership:

Membership and users of this web-site is only available to those who can form a legally binding contract. This web-site does not permit minors (under 18) to register without written consent of their legal guardian. If any user completes the registration form and provides an incorrect birth date, then the account of that user will be immediately terminated and that user will possibly face a permanent ban and/or financial penalty payable to the website, its owners or the consignors. Any registered user that allows underage participation on this web-site shall be held responsible and liable for any purchases made by the person using their registration information and login credentials. We HIGHLY recommend keeping your login information secret.

Deposit Requirements:

If a buyers total invoice at the end of the auction is greater than $10,000 - that buyer MUST place a deposit with our office within twenty-four hours (24 hours) of the auction close. The deposit can be made using a credit card; by wire transfer; eTransfer or cash. The deposit will be applied towards your total invoice.

- Total invoice INCLUDES the 15% buyers fee and applicable taxes -

- eTransfer payments can be sent to accounting@allcityauctioneers.com -

- Credit Card payment & wire transfer information is available by calling our office (604-514-0194) -

- Cash payments can be made at our office -

Payment and Removal of Items

(i) All items MUST be paid in full within five (3) business days of auction end.

(ii) All items MUST be removed within seven (7) days of auction end or five (5) business days.

NOTE: Some auction events will have specified removal dates and times LESS than what is indicated - please read each lot description

(iii) Penalties may apply if these terms are not met or adhered to. Penalties shall be determined by the website, auction company or consignment manager and may include late payment charges, Fraudulent Use penalties, Default Penalties, forfeiture of all purchases, removal of bidding privileges or a combination of any/all of the above.

(iv) Extensions to these deadlines can only be attained in writing. All written communication must be done using the contact us feature of the website or by email.

(v) A buyers fee of 15% (fifteen percent) applies to all items purchased on this website.

(vi) Bidders should take extreme care while inspecting items. All City Auctioneers Ltd and its affiliates; suppliers; consignors; landlords; tenants shall not be held liable for injury while on auction premise.

(vii) Buyers and their agents should take extreme care during removal and loading. Auction locations may be dangerous and the removal of auction purchases might cause injury. Buyers and their agents agree that All City Auctioneers Ltd and its affiliates; suppliers; consignors; landlords; tenants shall not be held liable for injury or damages while on auction premise.

(viii) A bidding deposit may be required either before the auction items close or after the auction bidding has ended. If a deposit is required, the amount will be applied towards your total invoice and if you were not successful in winning any auction items, then it will be refunded. Please verify if a bidding deposit is required by the auction company hosting the items being sold.

(viii) Fraudulent Use: Fraudulent use is defined as “a bidder, user or member of the auction site who actively bids on multiple items and then fails to communicate or pay for those items after the auction has ended within the stated deadlines.” A Fraudulent User can also be an agent acting on behalf of a bidder, user or member of the auction site. The management of BC Surplus or All City Auctioneers Ltd and/or the item(s) consignor shall be the only designate allowed to determine if a user has committed Fraudulent Use and shall serve notice to the User that their use of the website has contravened the posted Terms and Conditions and their decision shall be final unless overturned within a court a law. Fraudulent Use penalties have been included within these Terms and Conditions.

(ix) Fraudulent Use Penalties: The base penalty for Fraudulent Use shall be fifty thousand dollars ($50,000.00) in Canadian funds. This base penalty shall apply to the Fraudulent Use user. The Fraudulent Use user shall also be liable for an additional penalty of five thousand dollars ($5,000.00) in Canadian funds for each item included on their unpaid invoice from the same auction event. (For Example: A user is the Highest Bidder or Winner of six (6) items at the auction and the user does not pay for those items within the stated time frame. The management determines that the user was Fraudulent and so an additional penalty of thirty-thousand dollars (6 x $5,000.00 = $30,000.00) shall be added to the base penalty amount – a total in this example of eighty thousand dollars Canadian ($80,000.00). Additional Default Penalties as outlined within these Terms and Conditions will also apply to the Fraudulent User and the Fraudulent User understands that the management of BC Surplus; All City Auctioneers Ltd; the Web Site Operator; Owner; Consignor(s); shall not be liable for any legal costs associated with disputing any penalties applied to the user through these Terms and Conditions. The Fraudulent User may also be held liable for all legal costs associated with the Fraudulent Use event.

(x) All Users; Members; Bidders understand that these penalties for Fraudulent Use and Default are extreme but have been put in place to ensure that each auction event is conducted in a fair manner for all bidders. If the management of the auction or website determines that the User is Fraudulent then ALL penalties listed within these Terms and Conditions shall apply and that User shall only dispute these penalties within a court of law in British Columbia. The website, its owners and operators may start payment and collection proceedings within twenty-four hours (24 hours) upon notice being provided to the Fraudulent User of their actions.

1. The highest bidder shall be the purchaser unless the final bid amount does not meet the auction reserve. Items may or may not have reserves listed or posted.

2. No bidder shall retract his bid and all sales are final.

3. All buyers must register in order to participate in the auction.

4. Any dispute arising as to any bidding shall have the resolution determined ONLY by the agent of the selling party (BC Surplus; All City Auctioneers Ltd; Others) at their sole discretion and, at their sole discretion, the item under dispute could be; entirely removed from the sale; made available to be purchased again; made available for additional bidding only between the parties involved in the dispute. The auctioneer’s decision shall be final.

5. Items become the responsibility of the buyer immediately upon award of the bid. It shall be the responsibility of the buyer to insure his purchases immediately against loss or damage.

6. All sales are final and all items are sold on an “As-Is, Where-is, No Guarantee” basis, with no express of implied warranty as to the fitness for any specific use. All items should be considered previously used and the bidders shall take into consideration that all items might require maintenance and repairs prior to their intended use.

7. All applicable sales or excise taxes will be added to the purchase price of all taxable items unless the buyer files with the auctioneer at the auctioneer’s office proof of exemption from any/all such taxes in a form satisfactory to the auctioneer. The purchase price of an item will be calculated to include the buyer’s fees that are to be charged at the time of the sale.

8. It is the bidder/buyer’s responsibility to inspect all items included within all auction lots to ensure their condition, usability, defects and if they are suitable for their original manufactured use.

9. No sale shall be invalidated by reason of any defect or inaccuracy in any of the lots by reason of their being incorrectly described in the catalogue or lot listing. No liability shall be borne by the online auction site, the auctioneer, its selling agents and its consignors in respect to any such faults or errors. All lists, catalogues and lot descriptions have been prepared only for use as a guide and in order to ensure accuracy, buyers should inspect all items.

10. In case of inability to deliver any lot because of fire, or any other reason whatsoever, the liability of the auctioneer, Auction Company and its consignors shall be limited only to the selling price of the item at the auction at which it was just sold. No other liability can be assigned or assumed by the auctioneer or the auction company.

11. All auction items must be paid in full prior to removal.

12. All items must be removed within the stated time frame for the auction. If an item is not removed within the allotted time, the buyer shall be liable to pay all trucking, storage and handling costs in order to have those items removed. These additional charges must be paid prior to taking possession of the items. Interest charges shall apply. These charges shall also include additional charges for processing and handling.

13. Payment for auction purchases shall be made in cash, bank draft, certified cheque or interac debit. Arrangements can be made for wire transfer and Interac eTransfer.

14. Payments made using Visa and Mastercard may be subject to a 3% handling charge.

15. Rights To Suspend or Terminate.

You agree that this web-site, in its own discretion, may terminate any listing, user account or the actual use of the service immediately and without notice if

(a) We believe that you are not abiding by the general rules of this web-site

(b) You have repeatedly broken any of the posted terms and conditions

16. By using this web site, you also agree that:

(a) You are solely responsible for all actions that happen within your user account.

(b) You are required to change the password on your user account frequently in order to maintain site integrity and the security of your user account

(c) You must operate within the laws of British Columbia or Canada and abide by all regulations, including these terms and conditions.

(d) You must NOT transmit through this website or service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material.

(e) You must also not transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation.

17. Item ownership shall be immediately forfeited if any of the sale terms have not been met, at the discretion of the auction company, website or consignor. Notice of forfeiture to the buyer or user is NOT required by the auction company , website or consignor.

18. No Liability for Site Malfunction: Bidders and buyers understand that this auction is online only and so relies on devices and programs that may malfunction without warning. Bidders and Buyers agree that the auctioneer and this website will not be liable for any error or inconvenience that may be the result of such a malfunction. Bidders and buyers further understand and agree that the auctioneer or this web site may void or suspend any sale, or resell any item if the auctioneer determines a transaction to have been affected by any site malfunction.

19. Limits of Liability: Bidders, buyers and their agents should take extreme care while attending the auction location. All City Auctioneers Ltd, BC Surplus and their affiliates/suppliers/consignors/landlords/tenants shall not be held liable for ANY injury or damages while attending the auction location. Loading and removal equipment is offered for assistance only and all persons attending the auction agree that they are attending the auction location at their own risk. The buyer hereby agrees to indemnify and hold harmless All City Auctioneers Ltd; BC Surplus; their consignors/affiliates/suppliers/landlords/tenants against any and all liability, loss, costs, damages and other expenses arising from the loading out of auction items at the auction location on the buyers behalf.

20. General Terms.

This site acts as the window for sellers to post listings and for buyers to bid/purchase on sellers' listings. BC Surplus and this website are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items listed or the accuracy of the listing descriptions. This website has no control over the ability of sellers to sell items or the ability of buyers to buy items. We cannot and do not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchase of items they have bid on/purchased.

21. NOTE to ALL USERS.

The web site operator, owner and consignors reserve the right to share a users private information should that user not abide by the terms and conditions of sale. This information may be shared either privately or publically; through social media, with other auction companies and online auction sites or credit reporting agencies. The decision to share a user's private information shall be at the sole discretion of the website, its' owners or consignors and the user shall be provided written notice at least 24 (twenty four) hours in advance in order to allow the user to rectify and correct the situation with their user account - allowing them to abide by the terms and conditions as outlined above.

22. DEFAULT PENALTY

If a bidder is successful in winning an auction item and does NOT complete the sale process by either failing to pay for that item in full or failing to remove the item by the indicated deadline then that bidder shall be liable for a DEFAULT PENALTY of ten times (10X) the selling price of the item. In addition to the default penalty, the bidder shall also be liable for all costs and charges associated in collecting the default penalty, if any. Costs and charges may include legal fees, bailiff fees court fees, accounting fees, storage fees and any other related fees as indicated by the auction company or auction website. [For example, if a bidder purchases an item or group of items and the selling value or auction value is five hundred dollars ($500.00) before taxes and fees, then the “DEFAULT PENALTY” would be ten times the selling value or in this example, five thousand dollars ($5,000.00) before taxes, fees and associated costs.]

This Web-site shall not be responsible for any items sold through it or for any damage to items during transit, nor for misrepresentations and/or breaches of contract by either buyer and/or seller. This web-site shall not be responsible for the cost of procurement of substitute goods or any losses resulting from any goods purchased or obtained. This web-site assumes no liability for the content of the listings.

If you are not willing to accept these terms and conditions, then DO NOT PARTICIPATE.

Laws.

These Terms of Service shall be governed by and constructed in accordance with the laws of British Columbia and Canada. Disputes that arise from the use of this website must be decided only by the Courts of British Columbia based on the Terms and Conditions as listed or posted above.