current bid on this item. The bidding increment
is determined by the amount of the current bid.
The table below explains how bid increments
are calculated.
| Low | High | Increment |
|---|---|---|
| $0.00 | $10.00 | $0.50 |
| $10.01 | $100.00 | $1.00 |
| $100.01 | $250.00 | $5.00 |
| $250.01 | $1,000.00 | $10.00 |
| $1,000.01 | $2,500.00 | $25.00 |
| $2,500.01 | $5,000.00 | $50.00 |
| $5,000.01 | $100,000,000.00 | $100.00 |
High River, AB - February 25, 2020 - Calgary Regional Auction Centre - Absolute Public Industrial Online Auction - Consignment Sale - Ring 1 - Rolling Stock/Major Assets
Listing your Bids
VIEWING
Available Monday - Friday 8 AM - 5 PM
Saturday February 22nd 9 AM to 4 PM
PAYMENT DUE SALE DAY -
Outstanding invoices will be automatically charged on your credit card Feb. 28, 2020 3:00PM.
To pay your invoice, please click "My Account"
Once on your Account page click the "Invoices" tab.
With the "Invoice Tab" open click the "view/pay" link to the right of the invoice.
Once the invoice opens, a Pay link is located at the top of the page. You can choose to pay with the credit card you registered on ClubBid, (or add a new one if needed) and submit the payment.
PAYMENT METHODS
We accept cash to a max of $9,999, debit, credit cards(Visa & Mastercard) to a max of $25,000. We accept certified cheques, bank drafts and wire transfers (See Instructions Below);
Invoices OVER $25,000 can be paid with Certified Cheques, Wire Transfers or Bank Drafts.
Payment is to be made out to Century Services Corp. Please reference your invoice number when paying by wire.
PLEASE NOTE OUR NEW BANKING INFORMATION
WIRE INSTRUCTIONS
TD Canada Trust
55 King Street West
Toronto, ON M5H 1H1
FOR WIRES
Bank #004
Transit #10202
Trust CAD Account # 1020 5515266
TD Bank Swift Code TDOMCATTTOR
FOR DIRECT DEPOSIT
Please ask Century Administration for the Deposit Form needed to do Direct Deposit. When depositing funds, please reference your Buyer Number from your invoice.
Our company name & address must also appear on all wire instructions.
Our company name & address must also appear on all wire instructions.
**PAID COPY OF INVOICE NEEDED FOR REMOVAL OF GOODS**
REMOVAL
REMOVAL
Open Saturday February 29 9:00 am to 4:00 pm.
All items must be removed no later than March 06, 2020.
BUYERS ARE RESPONSIBLE FOR DISMANTLING AND REMOVAL OF ITEMS PURCHASED AT AUCTION.
CENTURY AUCTIONS WHERE AVAILABLE WILL ASSIST IN LOADING SMALLER ITEMS PURCHASED AT THE AUCTION WITH THE BIDDER UNDERSTANDING AND AGREEING THAT CENTURY TAKES ZERO LIABILITY FOR ANY DAMAGE TO ITEMS AS A RESULT OF OUR ASSISTANCE. PURCHASERS ALSO HAVE THE RIGHT TO REFUSE OUR ASSISTANCE.
***IT IS ULTIMATELY THE BUYERS RESPONSIBILITY TO ARRANGE FOR AND REMOVE ALL PURCHASED ITEMS***
DISCLAIMERS
All items are sold "as-is" and "where-is" with no warranties expressed or implied. Century does not warrant the description to be complete, accurate or correct and is a guide only. Please inspect items prior to bidding. There are no refunds or exchanges. Buyers are responsible for the security of items in which they are high bidder. Please bid accordingly.
All persons acknowledge that an auction site is a potentially dangerous place and is under video surveillance. Flammable, noxious, corrosive, hazardous, toxic and/or pressurized substances are present; heavy equipment is operated and electrical circuits may be live or exposed. Every person at the auction site before, during and after the auction acknowledges that they are and deemed to be at the site at their own risk with notice of the condition, the activities, and the conduct of third parties and by entering onto site consents to such conditions, activities and conduct.
IN NO EVENT SHALL CENTURY BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR LOSSES, LOSS OF PRODUCT, LOSS OF REVENUE, LOSS OF PROFIT, LOSS OF BUSINESS, ECONOMIC LOSS, LOSS OF OPPORTUNITY, LOSS OF REPUTATION, LOSS OF USE, ENVIRONMENTAL DAMAGE AFTER TRANSFER OF TITLE OR CARE, CUSTODY AND CONTROL, OR ANTICIPATED SAVINGS ON COSTS OR EXPENSES, REGARDLESS OF WHETHER SUCH CONSEQUENTIAL DAMAGES ARE CONSIDERED DIRECT, INDIRECT OR CONSEQUENTIAL WHETHER IN CONTRACT TORT, STATUTE, OR ANY OTHER LEGAL THEORY OR PRINCIPLE.
Bidder/Buyers agree to indemnify, defend and hold harmless Century and Century’s affiliates and each of their agents, representatives, employees, principals, successors, officers, directors, consignors and assigns from and against any and all claims, demands, losses, damages, liability, cost and expenses (including solicitor-client fees) arising out of, resulting from or relating to any injuries or death or for any damages to or loss of any lot or property which may occur regardless of the cause whatsoever.
Buyers are responsible for dismantling and removal of all items purchased at auction. Electrical and Plumbing disconnects required must be done by qualified personal only.
By pressing the “OK” button prior to submitting your first bid at this auction, you acknowledge that you have read, understand and agree to the terms above in addition to the User Agreement and the Live Auction Terms and Conditions (available via the link at the bottom of this page), which jointly apply to and govern this auction and your bid. Please take the time to fully understand all terms before you place your bid.
- These terms and conditions (“Terms”) apply to all transactions conducted by Century Services Corp. ("Century") including, without limitation, public auctions, live auctions, online auctions and “buy now” sales conducted on Century’s website ClubBidTM (the “Website”) (collectively, “Auctions”). References to Century in these Terms is deemed to include any seller or consignor of goods, and any of Century’s affiliates, subsidiaries, agents, employees, officers or directors.
- Before commencement of bidding, all prospective bidders (each a "Bidder") must register on-line via the Website or in-person at the Auction location and agree to these Terms.
- In these Terms, "YOU" or "YOUR" refers to all or any of you, your employers, employees, agents, contractors, and any other person or entity on whose behalf you are acting, in the capacity as a Bidder. These Terms are entered into by and between Century and YOU, and by registering as a Bidder, YOU agree to be bound by these Terms, and represent and warrant YOU have the requisite authority to do so on behalf of others. For certainty, if you are acting on behalf of an entity of which you are a director, officer or shareholder, you will be deemed to be acting as principal and will be personally liable for the obligations of the Bidder entity on whose behalf you are acting.
- By submitting a bid on any auction item(s) (“Lot”), YOU represent and warrant to Century that YOU have immediately available funds to complete the purchase of the Lot and YOUR bid is not subject to any financing condition or requirement. YOU agree to provide Century evidence of funds or creditworthiness on request of Century.
- YOU shall not bid on any Lot of which YOU are the owner or consignor or on behalf of any other owner or consignor.
- Century reserves the right to amend, modify, or waive any or all of the Terms upon announcement at the time of the Auction or on any listing relating to a particular Lot. All terms announced on the Auction day take precedence over these Terms, but only where applicable.
- Century reserves the right and in its sole and absolute discretion to (i) sell on behalf of itself or others; (ii) sell subject to minimum reserve prices; (iii) bid for its own account (whether directly or through an agent) and for the account of others, where a written proxy has been submitted prior to the Auction; (iv) refuse any person the privilege of bidding, or revoke such privilege at any time; and (v) without notice, withdraw, consolidate, or split any Lot.
- The Auction period shall be determined by Century and will end at a time to be determined by Century, in its sole discretion.
- Century reserves the right to postpone or cancel any Auction, or any sale resulting therefrom, in its sole discretion, and without notice to YOU.
- Century, in its sole discretion may withdraw any Lot from an Auction, or extend or abridge the Auction period without notice to YOU.
- In the case of an unreserved Auction, each Lot shall be sold to the highest Bidder. In the case of a Lot with a minimum reserve price, the Lot shall be sold to the highest Bidder meeting or exceeding the reserve price. In the case of a “buy now” sale, the Lot is available for immediate purchase. In the case of a “buy now sale” all sales are subject to Century’s final acceptance at or prior to delivery of the subject Lot. In all cases, the highest Bidder becomes the successful Bidder.
- Century reserves, in its absolute discretion, the right to reject or void accepted bids, whether winning or not, including where (i) it believes have not been made in good faith;(ii) it believes that the Bidder is not able or willing to complete the bid; (iii) are intended to manipulate the Auction process, (iv) are prohibited by law; or (v) where there are substantial errors in the Auction process.
- Century has the sole discretion to determine winning bids, but Century shall not be liable for any errors or omissions relating to such determination, whether by Century or any third party on its behalf.
- Immediately upon acceptance by Century of the bid or offer as applicable, the Bid is irrevocable and YOUR sale is final, and YOU become a successful Bidder.
- Century makes no express or implied representations or warranties of any kind on any Lot and each Lot is sold "as-is", "where-is", and "with all faults".
- Century may provide information on a Lot on the Website or any other website or in any other marketing materials (the "Descriptions"). The Descriptions are approximations only and subject to variation without notice. Century does not warrant or guarantee the accuracy of Descriptions.
- YOU have a responsibility to verify the accuracy of any Description prior to any Bid and determine the nature and scope of all risk related to any Lot. YOU acknowledge and agree that it is YOUR sole responsibility to conduct all legal, factual and other audits, enquiries, evaluations, inspections, and investigations of any Lot as YOU consider necessary prior to bidding on any Lot. Upon submitting a bid, YOU are deemed to have relied solely and entirely on YOUR own audits, enquiries, evaluations, inspections, and investigations of any Lot.
- No sale shall be invalidated by reason of any inaccuracy in a Description.
- All references in these Terms and all bidding and invoicing is in the Canadian currency unless otherwise notified by Century.
- Any and all applicable federal, provincial, or municipal taxes, including Goods and Services tax must be paid by the Bidder in addition to the purchase price. Each Bidder shall indemnify Century against any tax, cost or expense relating to the failure of the Bidder to satisfy any tax liability.
- The successful Bidder may be charged a buyer’s premium in accordance with the terms relating to the specific Auction (the "Buyer's Premium"). Purchases may be subject to additional fees as outlined in the bidding instructions or rules in respect of a specific Auction.
- All sales under $10,000 must be paid in full on the Auction day. For sales over $10,000, Century may require the successful Bidder to pay a deposit of 25% purchase price upon acceptance of the bid and the balance of the purchase price within seven (7) days after the Auction day, unless otherwise specified. The successful Bidder is responsible for interest on any outstanding balance, compounded monthly, from the date the amount is owing to payment, at an interest rate of 24% per annum.
- The successful Bidder must pay either by (i) cash, (ii) debit card, (iii) credit card, (iv) a verified certified cheque/bank draft, or (v) wire transfer, in immediately available funds. By registering for the Website and providing the Bidder’s credit card details, the Bidder is expressly authorizing Century to charge the credit card a deposit in connection with a bid.
- Successful Bidders may not take possession of any Lot until Bidder pays the entire purchase price, applicable fees and any other taxes, and final acceptance is confirmed by Century.
- If for any reason Century cannot deliver any Lot to a successful Bidder, including the necessary documentation required by law or to provide clear title to a Lot, Century’s liability is limited to a refund of the purchase price.
- In the event a Bidder fails to pay any or all of the purchase price for any Lot within the prescribed time or fails to comply with any other term or condition of sale, all deposits and partial payments shall be forfeited and credited against the Liquidated Damages (as defined below). Successful Bidders who do not pay for a Lot are liable, for immediate payment to Century, and at Century’s election, to either (i) twenty (20%) of the purchase price plus any applicable Buyer’s Premium (the "Liquidated Damages") or (ii) the actual calculated damages for any price deficiency and costs and fees associated with the resale of a Lot. The Liquidated Damages are a good faith, reasonable and genuine pre-estimate of Century’s damages resulting from a successful Buyer's payment default.
- A Lot paid in full must be removed from the Auction site within the time announced or posted, unless otherwise agreed to by Century. If YOU fail to remove any Lot within the prescribed time such Lot shall be deemed abandoned and Century at its sole discretion may (i) resell the Lot in accordance with Section 26, with any surplus above the Bidder’s bid amount less any Storage Fee (defined below) credited to Bidder’s account; or (ii) store the Lot at Buyer's sole risk and expense at the greater of $25.00 per day or 2% of the purchase price per month ("Storage Fee"), whichever is higher.
- All costs, responsibility and risk of removal of a Lot including, but not limited to, dismantling, loading and transportation is the successful Buyer's responsibility. In every case, the successful Bidder shall use due care at the Auction premises in effecting removal and comply with all laws and regulations. YOU are liable where damage has occurred to a removal of a Lot. Century reserves the right to require a refundable deposit to cover any property damage that may occur in the removal of a Lot.
- At YOUR request, Century may provide assistance in loading a Lot at an Auction site in which case, Century shall bear no responsibility or liability for any property damage or for any personal injury or death, regardless of the fault or negligence of Century.
- YOU are responsible for all costs related to transporting Lots from the posted Auction location, including, any legal requirements to transport the property.
- YOU are solely responsible for determining the nature and scope of all risk of any Lot, including the presence of hazardous substances, and without limitation assume all responsibility and liability in connection with such Lot. Century shall assume no risk nor any liability which may arise from the presence of any risk associated with any Lots or any legal requirement associated with such risks.
- YOU acknowledge that an Auction site is a potentially dangerous place and is under video surveillance. Flammable, noxious, corrosive, hazardous, toxic and/or pressurized substances are present; heavy equipment is operated and electrical circuits may be live or exposed. Every person at the Auction site before, during and after the Auction acknowledges that they are and deemed to be at the site at their own risk with notice of the condition, the activities, and the conduct of third parties and by entering onto site consents to such conditions, activities and conduct.
- You hereby release and indemnify and hold harmless Century from any claim arising directly or indirectly from any Bid, including but not limited to:
- any aspect of the accuracy of a Lot Description;
- existence of any hazardous conditions in relation to a Lot including hazardous substances or pressurized conditions;
- claims arising from attendance at any Auction site, before, during or after an Auction including claims for personal injury or property damage; and
- Century will have no liability to YOU as a result the withdrawal, cancellation or postponement of Auctions or sales.
- In no event shall Century shall be liable for any indirect, special, punitive, exemplary or consequential damages, including, but not limited to, loss of revenue, loss of profit, loss of business, economic loss, loss of opportunity, loss of reputation, loss or use, environmental damage after transfer or anticipates savings on costs or expenses, regardless of whether such damages are considered direct, indirect, consequential, whether in contract, tort, statute, or any other legal theory or principle. In no event will Century’s liability for any damages in respect of an Auction or a Lot exceed the purchase price paid by the Bidder.
- These Terms shall be governed by and interpreted pursuant to the laws of the Province of Alberta. The United Nations Convention on the International Sale of Goods does not apply.
- YOU acknowledge and agree that if any dispute or claim arises relating to an Auction and/or to the application, interpretation, implementation or validity of these Terms, then Century in its sole and unfettered discretion can elect to either: (i) resolve the dispute by arbitration using the Canadian Arbitration Association Expedited Arbitration Rules, or (ii) commence an action in the Alberta Court having jurisdiction over the subject matter. In the event that Century elects arbitration, the arbitration shall be held in Calgary, Alberta or virtually and shall proceed in accordance with the provisions of the Arbitration Act (Alberta). Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
1. ACCEPTANCE OF TERMS OF USE FOR THE WEBSITE
YOU MUST READ THESE CENTURY SERVICES CORP. (“CENTURY SERVICES” OR “WE”) TERMS AND CONDITIONS ("TERMS") CAREFULLY.
CENTURY SERVICES PROVIDES THE CLUBBIDTM WEBSITE TO YOU, YOUR EMPLOYEES, AGENTS, CONTRACTORS, AND ANY OTHER ENTITY ON WHOSE BEHALF YOU ARE ACTING (COLLECTIVELY "YOU" OR "YOUR"), SUBJECT TO THESE TERMS. THESE TERMS ARE ENTERED INTO BY AND BETWEEN CENTURY SERVICES AND YOU, AND YOU AGREE TO BE BOUND BY THEM BY: (A) PLACING A BID, AN ORDER OR MAKING A LISTING THROUGH THE WEBSITE; (B) USING THE WEBSITE IN ANY OTHER MANNER; AND/OR (C) ACKNOWLEDGING AGREEMENT WITH THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE WEBSITE. IN CONSIDERATION OF YOUR USE OF THE WEBSITE, YOU REPRESENT THAT YOU ARE NOT A MINOR IN ANY JURISDICTION, YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT AND ARE NOT A PERSON BARRED FROM RECEIVING SERVICES UNDER THE LAWS OF CANADA OR OTHER APPLICABLE JURISDICTION. YOU HEREBY REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND ACCEPT THE TERMS AND ALL AGREEMENTS INCORPORATED BY REFERENCE.
These Terms may be updated by us from time to time without notice to You. You can review the most current version of the Terms at any time at bid.clubbid.com. These Terms were last revised on December 19th, 2022. If You have any questions these Terms, please contact Century Services at 877-294-9488.
2. ACCESS TO WEBSITE MATERIALS AND SERVICES
The Century Services website ("Website") includes, without limitation, all information, documents, communications, files, text, graphics, software and products available through the Website (collectively, "Materials") and all services, including auction services ("Auctions") operated by Century Services and third parties through the Website (collectively, the "Services"). Century Services controls and operates the Website from various locations and makes no representation that the Website is appropriate or available for use in all locations. Century Service’s Materials and Services may not be available in Your location, and deliverables may vary among locations. If You are using the Website on behalf of Your employer, You represent and warrant that You are authorized to accept these Terms on Your employer's behalf, and that Your employer agrees to indemnify Century Services for violations of these Terms. The Services, including Auctions for equipment, goods and other items (collectively, "Items" or "Auction Items") are provided by Century Services to You subject to these Terms. When using particular Century Services owned or operated Services, You and Century Services shall be subject to any posted guidelines or rules applicable to such Services, which may be posted from time to time on the Website.
3. YOUR OBLIGATIONS AND CONDUCT
In consideration of Your use of the Website, You agree to: (a) provide accurate, current, and complete information about You as may be prompted by a registration form on the Website (the "Registration Data"); (b) maintain the security of Your password and identification; (c) maintain and promptly update the Registration Data, and any information You provide to Century Services, to keep it accurate, current and complete; (d) accept all risks of unauthorized access to information and Registration Data. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Website; (e) notify Century Services immediately of any unauthorized use of Your username and password or any other breach of security regarding the Services; and (f) allow Century Services to send notifications to your registration email address notifying you about Auctions that are similar to ones on which you have already bid.
Century Services cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section.
When Century Services has notified users that their registration has been approved, such user shall become a "Registered User." Only Registered Users are eligible to participate in Century Services Auctions. Century Services reserves the right to disapprove, suspend or terminate Your registration for any reason, at its sole discretion, and to prohibit You from participating in the Services.
4. INDEPENDENT CONTRACTORS
You and Century Services are independent contractors. Neither party is an agent, representative, broker, employee, partner or joint venturer of the other party. These Terms shall not be interpreted or construed to create an association, joint venture, agency, franchise or partnership between the parties or to impose any partnership obligation or liability upon either party. Century Services is not a party to, nor involved in, the transactions between buyers and sellers. Century Services has no control over the sellers, buyers or any aspect of the transactions. Notwithstanding the above, from time-to-time Century Services may have title to or possess Auction Items listed on the Website; nevertheless, Century Services is not a party to any transactions related to such Items.
5. INTELLECTUAL PROPERTY RIGHTS
The Materials and Services on the Website, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials or Services on the Website may violate such laws and these Terms. Except as expressly provided herein, Century Services does not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Website, its Materials, or its Services or their selection and arrangement, except as expressly authorized by Century Services. "CENTURY SERVICES" is a trademark of Century Services. All other trademarks are the property of their respective owners.
The trademarks, trade names and all material contained on the Website, including all portions of the Website, content, Website design, text, graphics, and all intellectual property rights thereto are the sole and exclusive property of Century Services or its licensors. The use of any such property for any other reason, on any other website, or the modification, distribution or republication of this material without the prior written permission from Century Services is strictly prohibited.
6. USE OF SOFTWARE
Any software that is made available to use (or download) from the Century Services Website ("Software") is the copyrighted work of Century Services and/or its licensors. Use of the Software is subject to the terms and conditions of the license agreement, which accompanies or is included with the Software or other applicable license agreement between You and Century Services ("License Agreement"). You must read and accept such License Agreement before You use the Software. Any use, reproduction or distribution of the Software that is not in accordance with the License Agreement is expressly prohibited.
7. USE OF CONTENT ON THE CENTURY SERVICES WEBSITE
Limited Right to Use, Print and Distribute Content: Except as expressly stated otherwise, You are authorized to view, copy, print and distribute the content of the Website subject to the following conditions: (i) use must be for informational, non-commercial purposes only; (ii) any copy or portion thereof must include the Century Services' copyright notice "© 2022 Century Services All Rights Reserved"; and (iii) no modifications shall be made to such content. Century Services reserves the right to revoke such authorization at any time, and any such use shall be discontinued upon written notice from Century Services.
8. LINKS TO THIRD PARTY WEBSITES OR SERVICES
The Services and the Website may provide links to the websites or services of others, including shipping, rigging and other services ("Third-Party Services"). Links to such Third-Party Services, or any explanation or statement regarding those Third-Party Services, do not constitute an endorsement or guarantee by Century Services of such Third-Party Services, or the products, content, materials or information presented or made available by such Third-Party Services. You acknowledge and agree that Century Services is not responsible and shall not be liable for any damages or losses caused or alleged to have been caused by any Third Party or the use of any Third-Party Services, or from the products, content, material, services or information presented by or made available through such Third-Party Services.
9.TREATMENT OF FEEDBACK AND RESPONSES PROVIDED TO CENTURY SERVICES
Any comments or materials sent to Century Services, including feedback, such as questions, comments, suggestions and any other response shall be deemed to be non-confidential. Century Services shall have no obligation of any kind with respect to such response, and Century Services shall be free to use, reproduce, distribute and publicly display such comments and materials without limitation. Century Services shall also be free to use any ideas, concepts, know-how or techniques contained in such response for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such ideas, concepts or techniques.
10. AUCTIONS
Information Control and Item Descriptions: Information about Auction Items is posted by Century Services on behalf of sellers. Users may find Item information to be inaccurate or lacking in detail. Century Services makes no representations or warranties with respect to such information or Auction Items, all of which are provided "as is". Century Services strongly advise that You make use of any available inspection period to personally inspect Items so that You can make the best bidding and buying decision possible. Please use caution and common sense when using the Website. Century Services has no control over the quality, safety or legality of the Auction Items listed, the truth or accuracy of the listings or any other information provided by Sellers about the Items.
Auction Terms and Conditions: You acknowledge and agree on Your behalf and on behalf of Your employees, agents, contractors and any other entity on behalf you are acting, that you have read and agreed to be bound the Auction Terms and Conditions available at bid.clubbid.com/auction terms and conditions (the “Auction Terms and Conditions”).
12 Disclaimer, Indemnity, Limitation of Liability
Full Release:In the event that You have a dispute with a seller or other user(s), You release Century Services, its affiliates and their respective officers, directors, agents and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
YOU CONFIRM THAT YOU HAVE CAREFULLY READ THESE TERMS AND FULLY UNDERSTAND THEIR CONTENTS. YOU FURTHER CONFIRM THAT YOU ARE AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN YOU AND CENTURY SERVICES YOU AND ENTER INTO IT OF YOUR OWN FREE WILL
Indemnification: You agree to defend, indemnify and hold harmless Century Services and its affiliates and their respective officers, directors, agents and employees from claims, demands and damages, actual and consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, to the extent arising out of or in any way connected with any breach or violation by You of these Terms, any use by You of the Website or any disputes or damages arising out of Your use of or contracts formed with You through the Website.
Disclaimer of Warranties: THE SERVICES AND THE WEBSITE, INCLUDING ALL AUCTION ITEMS LISTED FOR SALE, CONTENT, FUNCTIONS, MATERIALS, SERVICES AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES OR THE WEBSITE, ARE PROVIDED ON AN "AS IS", "WHERE IS","AS AVAILABLE" BASIS "WITH ALL FAULTS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CENTURY SERVICES DOES NOT WARRANT THAT THE SERVICES OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED, MADE AVAILABLE ON OR ACCESSED THROUGH SERVICES OR THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY SOFTWARE, PRODUCTS OR OTHER MATERIALS USED IN CONNECTION WITH THE SERVICES OR THE WEBSITE, WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. CENTURY SERVICES MAKES NO WARRANTY THAT THE WEBSITE OR THE SERVICES WILL MEET USERS' REQUIREMENTS, AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT ANY AUCTION ITEMS THROUGH THE SERVICES OR THE WEBSITE WILL BE SOLD. IF USER IS DISSATISFIED WITH THE SERVICES OR THE WEBSITE, USER'S SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES AND THE WEBSITE. CENTURY SERVICES MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY AUCTION ITEMS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE WEBSITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES OF THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM CENTURY SERVICES OR THROUGH THE SERVICES OR THE WEBSITE SHALL CREATE ANY WARRANTY. CENTURY SERVICES EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY USER.
Without limiting the foregoing, Century Services shall not be liable for any act done or omitted under these Terms while acting in good faith and in the exercise of reasonable judgment. Century Services is authorized to comply with and obey orders, awards, judgments or decrees of any court of law or arbitration tribunal, notwithstanding any notices, warnings or other communications from any party or any other person to the contrary. In case Century Services obeys or complies with any such order, judgment or decree of any court or arbitration tribunal, Century Services shall not be liable to any of the parties hereto or to any other person by reason of such compliance, notwithstanding any such order, judgment or decree being subsequently reversed, modified, annulled, set aside, vacated or found to have been entered without jurisdiction. Century Services shall not incur any such liability for any action taken or omitted in reliance upon any instrument, including any electronic transmission (such as an email) written statement or affidavit that Century Services shall in good faith believe to be genuine, nor will Century Services be liable or responsible if acting in good faith for forgeries, fraud, impersonations, or determining the scope of any representative authority
Limitation of Liability: IN NO EVENT SHALL CENTURY SERVICES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICE, THE WEBSITE OR ITS CONTENT INCLUDING WITHOUT LIMITATION MATERIALS AND FUNCTIONS RELATED THERETO . IN ADDITION AND FOR FURTHER CERTAINTY, IN NO EVENT SHALL CENTURY SERVICES BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICE, THE WEBSITE OR ITS CONTENT INCLUDING WITHOUT LIMITATION MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF CENTURY SERVICES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TOTAL LIABILITY OF CENTURY SERVICES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) ARISING FROM THESE TERMS OR YOUR USE OF THE WEBSITE AND THE SERVICES EXCEED, IN THE AGGREGATE, ONE HUNDRED CANADIAN DOLLARS (CAD $100.00). THE FOREGOING LIMITATION SHALL APPLY AND SURVIVE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
13. ELECTRONIC COMMUNICATIONS
When You visit the Website or send emails to Century Services, You are communicating with Century Services electronically. You consent to receive communications from Century Services electronically. Century Services will communicate with You by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.
14. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
To the extent that You post reviews, comments, communications or any other content, submit suggestions, ideas, comments, questions, or other information, the content shall not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and must not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. Century Services reserves the right (but does not undertake the obligation) to remove or edit such content, but does not regularly review posted content.
If You do post content or submit material, unless we indicate otherwise, You grant Century Services and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Century Services and its affiliates and sublicensees the right to use the name that You submit in connection with such content, if they choose. You represent and warrant that You own or otherwise control all of the rights to the content that You post; that the content is accurate; that use of the content You supply does not violate these Terms and will not cause injury to any person or entity; and that You will indemnify Century Services or its affiliates for all claims resulting from content You supply. Century Services has the right but not the obligation to monitor and edit or remove any activity or content. Century Services takes no responsibility and assumes no liability for any content posted by You or any third party.
15. GENERAL PROVISIONS
Modification and Availability: Century Services may, at any time, delete, modify or supplement the content of the Website without prior notice. Century Services reserves the right, for any reason, at its sole discretion, to terminate, change, suspend or discontinue any aspect of the Website or the Service, including, but not limited to, content, features or hours of availability. Century Services may also impose limits on certain features of the Services or restrict Your access to part or all of the Website or the Services without notice or penalty.
Monitoring: You agree that Century Services has the right, but not the obligation, to monitor at any time, for any reason, at its sole discretion, all material and content on the Website and the Services. Century Services reserves the right at all times to edit, disclose or refuse to post any material or information or request for removal of any material or information from the Website.
Access and Interference: You agree that You will not use any automatic device or manual process to monitor or copy Century Services web pages or the content contained herein. You agree that You will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website.
Service Integrity: Century Services will use reasonable commercial efforts to make its Services and Website available at all times. However, Century Services is not responsible for any service interruptions, including, but not limited to, interruptions that may affect the receipt, processing and acceptance of bids or other aspects of an Auction.
Governing Law and Venue: These Terms, and all questions with respect to the interpretation of these Terms, shall be governed by and construed in accordance with the laws of the Province of Alberta, without regard for conflict of laws provisions. You expressly consents to personal and exclusive jurisdiction in the courts of the Province of Alberta.
Notices to Century Services: To be valid, notices must be sent through the contact page and by certified mail, return receipt requested, to Century Services Attention: Legal; 700 999 8th Street S.W., Calgary, Alberta T2R 1J5, or to such other address as may be designated from time to time.
Notices to User: Notices to User will be sent by email at the email address reflected in User's registration information. Notices to User shall be deemed to have been received 24 hours after the email is sent. Notices to Century Services shall be deemed to have been given three days after the date of mailing by certified mail, return receipt requested.
Termination: These Terms constitute a legally binding agreement between You and Century Services until terminated by You or Century Services, which Century Services may do at any time, without notice, at our sole discretion. If You become dissatisfied with the Service or the Website, in any way, Your only recourse is to immediately discontinue use of the Service.
Severability, Waiver and Survival: If any provision of these Terms are held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect. The failure by either You or Century Services to exercise or enforce any rights or provisions of these Terms shall not constitute a waiver of such right or provision. All provisions in these Terms regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of these Terms.
Export Control Laws: Materials and Services derived or obtained from theWebsite may be subject to the Canadian export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, shall: (a) obtain any export, re-export, or import authorizations required by Canada or Your local laws; (b) not use Materials or Services to design, develop or produce missile, chemical/biological, or nuclear weaponry; and (c) not provide Materials or Services to prohibited countries and entities identified in the Canadian export regulations. By accepting these Terms, You confirm that You are not a resident or citizen of any country currently embargoed by Canada.
Entire Agreement: These Terms, along with the Auction Terms and Conditions, comprise the entire agreement between You and Century Services and supersedes all prior agreements between the parties, regarding the subject matter contained herein. No other terms, whether expressed or implied, shall apply unless specifically incorporated by reference herein.
Waiver and Severability of Terms: The failure of Century Services to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
On-site Video Footage from High River, AB - February 25, 2020 - Calgary Regional Auction Centre - Absolute Public Industrial Online Auction - Consignment Sale - Ring 1 - Rolling Stock/Major Assets
