Century Auction Terms and Conditions

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. YOU shall not bid on any Lot of which YOU are the owner or consignor or on behalf of any other owner or consignor.
  6. 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.
  7. 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.
  8. The Auction period shall be determined by Century and will end at a time to be determined by Century, in its sole discretion.
  9. Century reserves the right to postpone or cancel any Auction, or any sale resulting therefrom, in its sole discretion, and without notice to YOU.
  10. Century, in its sole discretion may withdraw any Lot from an Auction, or extend or abridge the Auction period without notice to YOU.
  11. 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.
  12. 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.
  13. 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.
  14. 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.
  15. 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".
  16. 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.
  17. 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.
  18. No sale shall be invalidated by reason of any inaccuracy in a Description.
  19. All references in these Terms and all bidding and invoicing is in the Canadian currency unless otherwise notified by Century.
  20. 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.
  21. 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.
  22. 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.
  23. 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. 
  24. 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.
  25. 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.
  26. 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.
  27. 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.
  28. 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.
  29. 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.
  30. YOU are responsible for all costs related to transporting Lots from the posted Auction location, including, any legal requirements to transport the property.
  31. 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.
  32. 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.
  33. 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.
  34. 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.
  35. 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.
  36. 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.