© Copyright 2000
Great Plains Auctioneers
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Consulting Services
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Terms
and Conditions Between
Great Plains Auctioneers and
all Buyers and Sellers
FOR
BUYERS (PURCHASERS)
1). No merchandise is to be moved until complete settlement has been
made. Full settlement MUST be made on the day of the auction.
2). Terms are cash, certified cheque, bank draft, or private and company
cheques with proper identification.
3). Anyone issuing an N.S.F. cheque will be liable for inconvenience
and legal fees.
4). All merchandise will be sold on an "as is" basis.
5). Upon purchase of the merchandise, it becomes the responsibility
of the buyer.
6). All merchandise must be removed within fourteen days of the Auction.
7). Please inspect all merchandise before bidding.
8). Bidding card and number are the buyer's responsibility.
In the event of non-payment of the total charges for the goods being
hereby purchased at Great Plains Auctioneers (the Agent of the Vendor),
including a failure of payment by reason of any cheque in payment or
part payment of the charges being for any reason not honoured or paid,
the purchaser of such goods agrees that:
(1) In the event that the purchaser has removed
the goods from the premises of Great Plains Auctioneers,
(a) Great Plains Auctioneers has the right to repossess the goods forthwith
and without notice to the purchaser, and to hold same as security for
the unpaid charges, including all costs associated with the failure
of payment, are paid in full;
and
(b) in the event that such charges and costs are not fully paid in five
(5) days, Great Plains Auctioneers may, but is not so obliged, sell
the goods, free of any claim of the purchaser whatsoever, but without
prejudice of the rights of Great Plains Auctioneers against the purchaser
in respect of the unpaid charges and costs.
(2) In the event that the purchaser has left the goods on the premises
of Great Plains Auctioneers,
(a) the goods are left at the sole risk and responsibility of the purchaser,
whether or not the purchaser has made payment, and remain so at the
responsibility of the purchaser at all times;
(b) In the event that unpaid charges for the goods and costs associated
with the failure of the purchaser to pay, are not fully paid withing
five (5) days, Great Plains Auctioneers may, but is not so obligated,
sell the goods, free of any claim of the purchaser whatsoever, but without
prejudice of the rights of Great Plains Auctioneers against the purchaser
in respect of the unpaid charges and costs.
FOR SELLERS
(VENDORS)
Merchandise is certified by the consignor (seller) or his agent free
and clear of all liens and encumbrances to be sold unreserved on the
date of the auction at Great Plains Auctioneers. Full settlement less
sales commission and any work orders and trucking on all merchandise
will be made sixteen (16) banking days following the auction. Any dispute
arising as to bidding shall be determined by the auctioneers at their
sole discretion. It is agreed that during such time that said merchandise
is in the possession of Great Plains Auctioneers it shall be at the
risk of the consignor and great Plains Auctioneers shall not be held
responsible for any damages to the merchandise or any liability arising
from its necessary use by employees. Great Plains Auctioneers shall
not be held responsible for accident, breakdown, operating maintenance,
Act of God, third party liability, loss, or loss of parts pertaining
to any unit. The consignor will be liable for E&H Tax if Great Plains
Auctioneers has not been properly notified that E&H Tax is due and
collectable from the Buyer. In the event that payment of the sale proceeds
to the Seller is disputed or contested by any person or party, or any
person or party other than the Seller claims entitlement to payment
of the proceeds and/or demands payment from Great Plains Auctioneers,
Great Plains Auctioneers reserves the right to charge all reasonable
costs and expenses involved /incurred in paying out the proceeds, including,
but not limited to, long-distance telephone charges, postage and courier
charges, legal fees and disbursements.
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