TERMS OF SALE

EXCEPT WHERE STATED ELSEWHERE, IN WRITING, ALL LOTS ARE SOLD ON AN “AS IS, WHERE IS” BASIS. AUCTIONEERS MAKE NO WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED ABOUT ANY ITEM OR LOT.  SPECIFICALLY, AUCTIONEERS MAKE NO WARRANTY THAT LOTS ARE:

(i)   OF ANY PARTICULAR YEAR OR MANUFACTURER, MODEL, MAKE OR CONDITION;

(ii)   FIT FOR ANY PARTICULAR PURPOSE;

(iii)   MERCANTABLE OR FINANCEABLE;

(iv)   CONFORM TO ANY OTHER SAFETY OR POLLUTION STANDARD OR COMPLY WITH ANY OTHER STANDARD OR REQUIREMENT OF ANY AUTHORITY, LAW OR REGULATION.

INFORMATION HAS BEEN PROVIDED ABOUT LOTS FROM THE CONSIGNOR OF THE LOT AND FROM SOURCES GENERALLY BELIEVED TO BE RELIABLE, HOWEVER THE ACCURACY OF INFORMATION CANNOT BE GUARANTEED BY THE AUCTIONEERS. LOTS ARE AVAILABLE FOR INSPECTION BEFORE EACH SALE AND IT IS THE PURCHASER’S RESPONSIBILITY TO INSPECT ALL LOTS AND MAKE HIS/HER OWN INQUIRIES AS TO THE MAKE, MODEL, YEAR, CONDITION OR ANY OTHER PARTICULARS.

1.  Once a successful bid has been accepted by the auctioneers, the lot becomes the purchaser’s responsibility and the purchaser accepts all risk associated with the lot.  It is the purchaser’s responsibility to arrange for insurance immediately.

2.  All registered bidders are held personally liable and financially responsible for any and all bids placed with their respective "Bidding Number".  By virtue of accepting Terms and Conditions of Sale, you are agreeing to pay the winning bid amount, in addition to the Buyer’s FEE and GST (HST where applicable), within the timeline dictated by the Auctioneer.  Bid amounts do not include tax.

3.  The purchaser agrees that he/she has no right to possession of any lot until payment has been made in full and which must be fully paid by end of day on which the sale closes. Terms of payment are CASH, DEBIT CARD, WIRE TRANSFER, EMAIL TRANSFER, VISA OR MASTERCARD.

4.  Purchases through online auction will be subject to a buyer’s fee in the amount noted in the sale description. 

5.  A valid credit card may be required to register for online bidding. A preauthorized hold may be placed to ensure validity of the credit card; however no charges will be applied until the sale closes with a winning bid.

6.  The purchaser is responsible for removing all items in the ‘lot’ from the auction sale site within the timeframe identified in the sale description, at his/her own cost, responsibility and risk.  If the purchaser does not remove ALL items in their lot(s) by this deadline, the purchaser agrees that either:

A)  a charge of $50.00 per item ‘removal fee’ may be applied to the purchasers account, and furthermore the purchaser gives his/her express permission for all unclaimed goods to be disposed of and/or sold at the discretion of Regal Auctions Ltd. with no refund due to the purchaser(s).

B) storage fees of $25.00 per item, per day, may be applied to the purchasers account and furthermore the purchaser gives his/her express permission for all unclaimed goods to be disposed of and/or sold at the discretion of Regal Auctions Ltd. with no refund due to the purchaser(s).

7.  If the purchaser fails to make payment in full within the required time, or fails to comply with any payment term of this sale, the auctioneers shall have the right to take legal action against the purchaser and nevertheless, the purchaser will provide full reimbursement to the auctioneer for the ‘removal fee’ defined in #6 herein, any recovery fees and/or any other expense associated with the collection of payment due to the auctioneer.

8.  The listing catalogue and lot descriptions have been prepared as a guide only, based on the information from sources believed to be reliable, and from the consignor, however its accuracy cannot be guaranteed or warranted.  No sale shall be invalidated; nor shall the auctioneers be liable as a result of defects or inaccuracies in the catalogue or descriptions.  Purchaser acknowledges that all lots were made available for inspection prior to the auction and this it is his/her responsibility to inspect all merchandise and to have satisfied themselves as to all aspects of the merchandise prior to bidding.

9.  Any dispute arising as to any bidding shall be settled by the auctioneers, at their sole discretion.  Auctioneers reserve the right to accept or reject any bid.

10.  If the auctioneers are unable to deliver any lot; provide clear title to any lot; or provide any necessary documentation for any lot; the auctioneers’ liability shall be limited to return of any moneys paid for that lot upon return of the lot by the purchaser to the auctioneers.  The auctioneer may choose to demand the return of a lot from the purchaser for any reason listed in this section and the purchaser agrees to return the lot at the auctioneer’s request.  In no circumstance will the auctioneers be liable for any consequential loss or damages arising from such return.

11.  Timed online auctions will indicate the remaining time to bid on individual lots.  These auctions may include a “soft close,” in which the remaining time to bid is extended when a new high bid is placed as ending time approaches.  Sale descriptions will identify when a sale includes a “soft close.”

12.  Upon close of any lot, the winning bidder agrees to have entered into a binding contract with Regal Auctions Ltd. for the purchase of the specific lot(s).

13.  Bills of sale for lots purchased will be produced in the name of the registered online bidder.

14.  No bidder shall be permitted bid on any lot for which they are the consignor or acting as an agent or representative of the consignor.

15.  Bidding in timed online auctions may include an automatic bidding service called “proxy bidding.”  Bidders enter the maximum amount willing to be paid for a lot and the system bids on their behalf.  This maximum bid amount is kept confidential from other bidders.  The Service will automatically place bids only as required in the specified increment, using only as much of the maximum bid as is necessary to maintain high bidder position. The auctioneer cannot guarantee that the exact amount of the maximum bid will be utilized, but the bid amount will not exceed the maximum amount identified by the registered bidder.  The resulting high bid upon close of the auction will identified as the winner of the lot.

16.  Regal Auctions makes audio, photographic and video recordings of our auction sales, online auction sales, telephone calls, and of events that occur on our property. We make and retain these recordings for training, quality assurance, promotional and security purposes. From time to time we make these recordings available to the public and to other parties. By being on our premises or interacting with us you consent to having your image, voice and actions recorded and broadcast.

17.  The provisions of this Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta and the courts therein unless otherwise noted. Any legal actions or proceedings with respect to this Agreement shall be brought in the courts of the Province of Alberta. Each Party hereby attorns to and accepts the jurisdiction of such courts.

18.  Ownership does not transfer to the purchaser until the lot is paid for in full. Lots may be removed from sale by the Calgary Parking Authority without notice. Contracts to purchase lots may be voided by the Calgary Parking Authority without notice at any time prior to the lot being paid for in full with no recourse to the purchaser. Any partial payment or deposit paid by the purchase will be refunded in the event that a purchase contract is voided by the Calgary Parking Authority.