Auction Terms and Conditions of Sale

  1. Century Services Corp. ("Century") reserves the right to amend, modify, or waive any or all of the terms and conditions upon announcement at the time of the auction. All announcements made on auction day shall take precedent over previously circulated information and documentation.
  2. Before commencement of bidding, all prospective buyers (the "Bidder") must register on-line or in person, as the forum dictates. Upon registration Bidder shall receive a bid book including a bid number for Bidder's sole use and responsibility during the auction.
  3. Century reserves the right and in its sole and absolute discretion to (i) sell on behalf of third parties, its own account or on the account of others; (ii) sell subject to reserve; (iii) bid for its own account (whether directly or through an agent) and for the account of others, whereby written proxy has been submitted prior to sale; (iv) refuse any person for a bidding card, the privilege of bidding, or revoke such privilege at any time; and (v) without notice withdraw any lot or consolidate any lots and offer them as a single lot.
  4. No person shall bid on any lot (i) of which he/she is the owner; or (ii) on behalf of any other person who is the owner of the same.
  5. Any dispute arising from any bidding shall be resolved by Century in its sole and absolute discretion.
  6. In the case of an unreserved public auction the lot shall be sold to the highest Bidder. In the case of a reserved or 'with reserve' public auction the lot shall be sold to the Bidder meeting or exceeding the reserve price (in either case, the "Buyer").
  7. Hereinafter, "YOU" or "YOUR" refers to you in the capacity as a Bidder or a Buyer, or both.
  8. Each lot is sold “as-is”, “where-is”, and “with all faults” and YOU specifically agree that the Seller and Century make no representations or warranties of any kind whatsoever, expressed or implied, to YOU.
  9. Century has made every effort to set-up, market, catalogue, and describe correctly and completely the dimensions, descriptions, features, measurements, specifications, in any material, on any website or any other marketing materials (the "descriptions"). The descriptions are approximations only based on the information available and are subject to variation. The descriptions are to be used as a guide only. Century does not warrant or guarantee the descriptions are complete, accurate or correct. Seller and Century are not liable for any error, omission, defect, inaccuracy or incorrectness in the descriptions. No sale shall be invalidated, no deposit shall be returned to Buyer, and no liability borne by Seller or Century, by reason of any error, omission, defect, inaccuracy or incorrect description.
  10. It is YOUR responsibility to verify any and all information to YOUR own satisfaction prior to any sale 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.
  11. YOU hereby warrant and represent that YOU have had the opportunity to and have satisfied yourself as to (i) all descriptions with respect to any lot; (ii) the value, condition, fitness, or fit for any purpose of any lot, environmental or otherwise; and (iii) the existence or non-existence of any pollutants, contaminants or hazardous and without limitation assume all responsibility and liability in connection with any lot. Without limitation YOU assume all responsibility and liability in connection with any lot.
  12. All bidding and invoicing will be in the currency announced by Century.
  13. The following forms of payment are accepted: Cash, Debit Card, Certified Cheque/Bank Draft, Wire Transfer, and Personal Cheques (at the discretion of Century).
  14. Any and all applicable federal, provincial, or municipal taxes, including Goods and Services tax (GST) must be paid by the Buyer in addition to the purchase price. The Buyer is responsible for any exemptions with the applicable authority.
  15. Buyer shall be charged a Buyer’s premium on the purchase price of any lot in accordance with the auction materials (the "Buyer's Premium").
  16. Immediately upon acceptance by Century of the bid, Buyer cannot retract or revoke its bid. ALL SALES ARE FINAL.
  17. All sales under $10,000CDN must be paid in full on auction day, unless otherwise specified. For sales over $10,000CDN, Century may require the Buyer to pay a deposit of 25% of the purchase price upon acceptance of the bid and the balance of the purchase price within 7 days after the auction day, unless otherwise specified. Buyer 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. Purchases may be subject to additional fees as outlined in the bid book.
  18. Buyer is not entitled to possession of any lot until Buyer pays the entire purchase price. All payments must be made prior to any lot being released and removed from auction site and no lot is removed without presentation of the paid auction bill. Buyer may not assign, transfer or dispose of its rights in any lot before the entire purchase price is paid. Title passes upon payment of entire purchase price and Century is not responsible for any lost or stolen lot and assumes no responsibility for any damage to such lot once title passes to Buyer.
  19. In the event the Buyer 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 any additional partial payments shall be forfeited to Century. Century shall retain a possessory lien on any and all lots of the Buyer and shall have the right to resell any lot immediately by public or private sale without notice to Buyer. At the sole discretion of Century, Buyer shall either be responsible for (i) twenty (20%) of the purchase price plus any applicable Buyer's Premium (the "Liquidated Damages") and such amount shall be paid by Buyer to Century immediately upon notice; or (ii) the actual calculated damages for the costs and fees associated with resale plus any deficiency between the purchase price and the resale price, whichever is higher. Forfeited deposits and partial payments are non-refundable and shall be netted out of any Liquidated Damages. Liquidated Damages are a good faith, reasonable and genuine pre-estimate of damages resulting from the Buyer's failure to pay the purchase price and costs and fees associated with the resale of such lot.
  20. A lot paid in full must be removed from the auction site within the time announced or posted, unless otherwise agreed to by Century, in its sole discretion. If for any reason the Buyer fails to remove any lot within the prescribed time such lot shall be deemed abandoned and Century at its sole discretion may (i) resell such lot in accordance with Clause 19, with any surplus credited to Buyer’s account; or (ii) store such lot at Buyer's sole risk and expense at the cost of $25.00CDN per day or 2% of the purchase price per month ("Storage Fee"), whichever is higher. Payment of the purchase price from Buyer shall be set off against the Storage Fees payable and any surplus shall be credited to Buyer's account. Storage Fees are a good faith, reasonable and genuine pre-estimate of damages resulting from the Buyer's failure to remove the lot within the prescribed time.
  21. Century shall be entitled to set off any amount owing from the Buyer hereunder against any other amount owing to Century by the Buyer or owed to the Buyer by Century under any agreement between such parties. Century's failure to set off shall not affect Buyer's obligations to Century or prejudice any of Century's rights and remedies hereunder or under law or at equity.
  22. All costs, responsibility and risk of removal of a lot including but not limited to dismantling, loading and moving is the Buyer's responsibility. In every case Buyer shall use prudence in effecting removal and comply with all laws and regulations. Where damage has occurred due to removal, Buyer must restore all property and lots to the state prior to damage.
  23. Buyer is responsible to insure the lot immediately. Century reserves the right to require proof of adequate insurance in a reasonable amount having regard to the nature of the lot.
  24. All necessary documents, which are in the possession of Century will be delivered to Buyer within 10 days from payment of the entire purchase price. Documents provided will be effective only in the province in which the auction is being conducted.
  25. If for any reason whatsoever, Century is unable to effect delivery of a lot, the necessary documentation or clear title to a lot, Century’s sole liability shall be the return of any monies paid and cleared for such lot after its return to Century.
  26. Hazardous and/or toxic substances may be or have been contained in any or all lots. The Buyer is solely responsible for determining the nature and scope of all risk of any lot and without limitation assumes all responsibility and liability in connection with such lot.
  27. 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.
  28. YOU SHALL BE LIABLE FOR AND HEREBY RELEASE AND INDEMNIFY, DEFEND AND HOLD HARMLESS SELLER, CENTURY AND CENTURY’S AFFILIATES AND EACH OF THEIR AGENTS, REPRESENTATIVES, EMPLOYEES, PRINCIPALS, SUCCESSORS, OFFICERS, DIRECTORS, AND ASSIGNS (EACH AN “INDEMNIFIED PARTY”), FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES, LIABILITIES, ACTIONS AND PROCEEDINGS (IN EACH CASE WHETHER THREATENED OR ACTUAL), INJURIES, DEATH OR DAMAGES, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION ALL LEGAL FEES ON A SOLICITOR-CLIENT BASIS) (EACH A “CLAIM”), THAT MAY BE INCURRED BY AN INDEMNIFIED PARTY ARISING OUT OF, IN CONNECTION WITH, RELATING TO OR RESULTING FROM (I) ANY ERROR, OMISSION, DEFECT, INACCURACY, OR INCORRECTNESS WITH RESPECT TO ANY DESCRIPTION OF A LOT OR ANY OF THEM; (II) USE OR FAILURE TO USE ANY MEDIA, FORUM OR VENUE IN CONNECTION WITH THE SALE OF A LOT; (III) IMPROVIDENT REALIZATION; AND/OR (IV) ABANDONMENT OF A LOT; (IV) BREACH OF ANY APPLICABLE ENVIRONMENTAL AND/OR SAFETY LAWS, RULES OR REGULATIONS; (V) THE EXISTENCE OR NON-EXISTENCE OF ANY POLLUTANTS, CONTAMINANTS, HAZARDOUS WASTE, OR CORROSIVE, FLAMMABLE, TOXIC AND/OR PRESSURIZED SUBSTANCES ASSOCIATED WITH A LOT, OR ANY CONTAMINATION RESULTING FROM ANY LEAKS OR SPILLS; (VI) BREACH OF ANY TERM, CONDITION, OBLIGATION, COVENANT, WARRANTY OR REPRESENTATION HEREUNDER OR IN THE ENFORCEMENT OF CENTURY’S RIGHTS UNDER THIS AGREEMENT; AND/OR (VII) UNLAWFUL ACT, OMISSION, NEGLIGENCE OR WILLFUL MISCONDUCT BY YOU OR YOUR AGENTS, REPRESENTATIVES, EMPLOYEES, AND PRINCIPALS; REGARDLESS OF THE CAUSE WHATSOEVER.
  29. IN NO EVENT SHALL CENTURY BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR LOSSES, 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 DAMAGES ARE CONSIDERED DIRECT, INDIRECT OR CONSEQUENTIAL WHETHER IN CONTRACT TORT, STATUTE, OR ANY OTHER LEGAL THEORY OR PRINCIPLE.
  30. All rights and remedies of Century under this Agreement are cumulative and in addition to all other rights or remedies available to Century under law or at equity.
  31. These terms and conditions shall be governed by and interpreted pursuant to the laws of the Province of Alberta without regard to its rules on conflict of laws. The United Nations Convention on the International Sale of Goods shall not apply. The parties hereby agree that any dispute, action or proceeding hereunder shall be brought in the courts of the Province of Alberta and the parties consent and submit to the jurisdiction of the courts of the Province of Alberta.

ALL PERSONS PARTICIPATING IN THE AUCTION SHALL BE BOUND BY THE TERMS AND CONDITIONS AND ALL BIDDERS/BUYERS SHALL ADVISE YOUR AGENTS, REPRESENTATIVES, EMPLOYEES, AND PRINCIPALS OF THESE TERMS AND CONDITIONS AND BE RESPONSIBLE FOR YOUR AGENTS, REPRESENTATIVES, EMPLOYEES, AND PRINCIPALS.