Terms and conditions
The auctioneer
#1
Declares that he is an auctioneer-agent for third parties and can in no way be considered an expert on the lots for sale, but as a professional auctioneer for the proper conduct of the auction.
#2
May refuse to issue a buyer-bidder number to any person or cancel it at any time.
#3
reserves the right to put a prize on any lot. Principals reserve the right to outbid or put a price on their items.
#4
May remove, omit or add any lot to sale.
#5
Does not give any guarantee provided for by the Consumer Protection Act and the buyer freely consents to it.
The buyer
#1
Acknowledges by its auction, be satisfied with the information received on site or on the website Encansquebec.com and Quebecauctions.com if applicable. The buyer acknowledges that it is possible that he has hidden defects, he accepts the particularities specific to the “sale by auction”, knowing that the items are used, he declares himself completely satisfied and buys at his own risk and that there is no guarantee. The buyer admits that he has asked all the questions deemed necessary to the auctioneer in relation to the procedures of the sale and more particularly for the coveted items and declares that the whole is clear, sharp and precise and unambiguous and is completely satisfied with it.
#2
Acknowledges having examined the coveted items himself and/or having had it examined by another expert to his satisfaction and accepts all defects seen and un seen and declares that he will make an offer accordingly in full knowledge of the facts.
#3
Acknowledges that there has been no prior price negotiation, the price offered is made freely and has its full satisfaction.
#4
No buyer will be able to take only a part of the lots purchased, all the lots purchased are considered to be a single purchase “in bulk” and all deposits are applicable “in bulk” to all “block” purchases and not on a particular lot.
#5
The buyer who, by clumsiness or accident, causes damage to his own property or those of other parties, as well as to buildings, other outbuildings or land, is responsible for this.
#6
Waives the seller’s legal warranty against hidden defects, and more specifically the provisions of articles 1726 et seq. of the Civil Code of Québec.
#7
When a lot is sold, the buyer becomes solely responsible for it.
#8
Must take possession of its property at its own expense, risk and liability within (1) business day of the award.
#9
Acknowledges that all terms and conditions of sale form an integral part of the sales contract and exempts the principals and the auctioneer from any liability and waives any recourse.
Other provisions
#1
Any auction is considered legal and irrevocable: none can be cancelled due to improper description, condition, defect, application or usefulness in any way or for any other reason.
#2
In the event of a misunderstanding, the auctioneer may immediately put back on sale any lot that is the subject of the said misunderstanding, the buyer defers to the final decision of the auctioneer.
#3
Neither the auctioneer nor the principals are responsible for errors or omissions in the description, the latter is only a guide. The buyer relies on his knowledge, his examination of the coveted items and his judgment.
#4
Any description as to the condition, condition, proper functioning or year of manufacture of each item or lot is in no way a real or implied warranty, the goods being sold lot by lot as seen on the spot at the risk and peril of the buyer, unless otherwise specified.
#5
Selling prices are recorded for any reference.
#6
Terms of payment: cash or other if specified. The auction fee is 10%.
#7
Any deposit will be withheld or seized by the auctioneer if the balance due on any entire purchase is not paid within (1) business day of the sale. If the buyer, within the same period, refuses to take possession of all of his purchases, thereby declining any right of ownership, the auctioneer will retain the total right of possession. The auctioneer may, at its discretion, insure, store, dispose of or resell these goods without notice to the successful bidder and if the net proceeds of the resale are lower than the price originally offered by the successful bidder, the latter will be held responsible and must, on request, pay any deficit incurred without any evidence, plus interest, costs and damages in accordance with the provisions of article 1765 of the Civil Code of Québec.
#8
No claim can be made after the award of a lot. The handling, loading, transport, reconditioning, use, disposal, possession of any other use become the sole and exclusive responsibility of the buyer upon auction.
#9
In the event of the impossibility of delivering any lot due to fire, theft, links, seizures, mortgages, trust deeds or any other reason resulting from this fortuitous event, the deposit given by the buyer will be given to him, and this, without any liability or other recourse against the auctioneer or the principals.
#10
Without limiting the aforementioned terms and conditions, the auctioneer reserves all other remedies permitted by law.