Terms

Online and Live Auction Terms and Conditions

This document sets out the basis upon which online and live auctions conducted by TRC AUCTIONS will be governed and is provided for you to use and set out the terms of use.  Through your use of this website, www.trcauctions.com, and your subsequent registration for an online or live auction, you are confirming your acceptance to these terms.  

The within sets out how TRC AUCTIONS intends to conduct its Auctions and the basis of any information in relation to goods offered for sale by Auction.  Each Lot of goods and the terms upon which a Lot of goods is offered for sale may be subject to change from any standard terms contained herein.  It is your sole responsibility to ensure you are aware of all matters that apply to each Lot of goods prior to bidding.  

THESE ONLINE AND LIVE AUCTION TERMS AND CONDITIONS CONTAIN RESTRICTIONS OF LIABILITY TO TRC AUCTIONS, ITS AUCTIONEERS, EMPLOYEES, AGENTS AND ASSIGNS.  READ THESE ONLINE AND LIVE AUCTION TERMS AND CONDITIONS FULLY BEFORE REGISTERING TO BID OR ATTENDING AT A TRC AUCTION.

 A. GENERAL INFORMATION AND DEFINITIONS

1.      Auction” refers to an online or live auction carried out by TRC AUCTIONS in accordance with the terms of and condition contained herein.

 

  1. Auctioneer(s)” refers to the Auctioneer or Auctioneer from TRC AUCTIONS having conduct of the Auction.

 

  1. Catalogue” refers to any descriptive information provided by TRC Auctions in respect of a specific listing or an Auction or Auctions. A Catalogue may be in online format or in hard-copy format.

 

  1. Lot” refers to the individual good or group of goods being offered for sale.

 

  1. You” refers to any potential bidder or purchaser, whether in an individually or as agent for a company or corporation.

 

  1. Lots may be added to, sold prior to or withdrawn from any Auction at any time.  We will not be held responsible or liable for any loss, cost, claim, demand or damage that you may incur as a result of this.  You acknowledge that prior to bidding you will verify to contents of any Lot.

 

  1. At the Auction it is the intention of TRC AUCTIONS to offer Lots in number order.  TRC AUCTIONS reserves the right to vary the order in which Lots are offered at its sole discretion for the purpose of the efficient operation of the Auction.

 

  1. Reserves and any other Additional Fees and Costs maybe varied at any time.

 

  1. All Lots, unless stated otherwise, are offered subject to a Reserve price.

 

  1. Any reserve and eventual sale price is exclusive of any additional fees and costs a purchaser may have to pay.  These additional items include the Auctioneer’s Buyers Fee, GST/HST, plus any other amounts the Seller may charge.  Please check all the available information and be aware that additional charges may be fixed, or variable depending on the sale price.  If you are not sure as to what you will be paying in addition to the purchase price you should obtain your own independent third-party professional advice.

 

  1. All Lots are offered subject to a Buyer’s Fee of 3% which is payable at time of settlement. The Buyer’s Fee charge is compulsory and is not refundable under any circumstances.

 

  1. Any deposit paid forms part of the Purchase Price.

B. REGISTERING TO BID

1.      You may access and view parts of the website without registering your details including the Lots where applicable.  Some areas of the website, including online bidding, can only be accessed by you if you are registered Bidder.

 

2.      If you decide that you want to Bid on any lot you then need to register to become an registered Bidder for that Lot.

 

  1. You confirm that all information and documents provided to us, the Seller or their representative or any other user of the website during the Bidder registration process or at any time in relation to an Auction are up-to-date, complete and accurate.

 

  1. As part of Bidder registration process TRC AUCTIONS may ask you to provide certain information and documentation which may include information allowing TRC to comply with money laundering regulations as amended from time to time. This includes, without limiting the generality of the foregoing identity and residency verification.

 

  1. All use of personally identifying information shall be governed by the Privacy Policy available on the website.

 

  1. TRC AUCTIONS will review your Bidder registration application and will notify you once your registration is completed and you are approved to bid on the Lots.  We may decline to register a Bidder in our absolute discretion.

 

 C. THE AUCTION WEBSITE

1.        The online Auction website is provided free of charge and is accessible at www.trcauctions.com.  Access to the website is permitted on a temporary basis.

 

2.        TRC AUCTIONS may use a third-party Provider of services such as web-hosting, transaction facilitation and support and maintenance to host and support the operation of the website.

 

3.        TRC AUCTIONS does not guarantee that the website, or any content will be free from errors or omissions and we are under no obligation to update it.  Please note that we may update, the website at any time and this could include updating any content.

 

4.        TRC AUCTIONS does not guarantee that the website, or any content thereon, will always be available or be uninterrupted.  We at our discretion may suspend, withdraw, discontinue or change all or any part of the website at any time.

 

5.        TRC AUCTIONS will not be liable if the website is unavailable for any reason at any time or for any period, including, without limiting the generality of the foregoing, during auctions.

 

6.        You are responsible for making sure that you have working hardware and sufficient internet connection to access the website.

 

7.        You are responsible for ensuring that all persons who access the website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.  For clarity, as a registered Bidder you must not divulge your log in details to anyone else and you are deemed to have made any Bid made by any third party if they have logged on to your account with your credentials.

D. LIABILITY OF BIDDER

1.      As the registered Bidder, you will be personally liable in respect of any accepted bid.  If you are bidding as agent for the registered Bidder, you acknowledge that you have actual authority to bind the registered Bidder.

 

E.    COMMENCEMENT OF THE AUCTION AND BIDDING

 

1.      The Auction shall display a planned Auction start time.  All efforts will be made to commence the action at the start time.

 

  1. TRC AUCTIONS will make all reasonable efforts to operate the Auction at the set date and time through the website but reserves the right to cancel or suspend the Auction in the event of a hardware, software, server or internet connectivity failure, or otherwise for any other reason that in the sole discretion of TRC Auctions affects its ability to properly run the Auction.

 

  1. TRC AUCTIONS will make all reasonable efforts to re-list or re-start any affected Auction, subject to any specific instructions from the Seller.

 

  1. TRC AUCTIONS may cancel or rearrange an Auction at its sole discretion and the Seller may withdraw, or sell a Lot prior at any point before the planned closing time of the Auction notwithstanding that the Auction has commenced and we shall not be liable to any person for any loss or damage suffered by reason of the fact that the Lot is withdrawn or sold prior, or the Auction is not, or cannot be held at all or at the date and time referred to in the Listing.

 

  1. The decision on the conduct and outcome of the Auction by TRC Auctions shall be final.

 

  1. If you are registered to Bid on a Lot when the Auction opens, you will be able to place Bids on the Lot on the website.

 

  1. Bids cannot be withdrawn once made by the Bidder.

 

  1. The highest Bid meeting or exceeding the Reserve Price shall be deemed the successful Bidder.

 

  1. If two or more Bidders attempt to lodge identical Bids, the first Bid received and acknowledged by the website shall be the successful Bid.

 

  1. The successful Bidder will be notified of the outcome of the Auction at its conclusion.

 

  1. TRC AUCTIONS may refuse to accept a Bid in its sole and absolute discretion.

 

 F. PARTICULARS

1.      The information contained within the Catalogue or description are given in good faith.  All descriptions, statements, dimensions, references to condition and permissions for the use and occupation or other details are made without responsibility and should not be relied upon as representation of fact.

 

  1. No representation, warranty or undertaking whatsoever is made or intended to be made in respect of the quality, state, condition, repair, permitted or future use or suitability for any purpose whatsoever of any Lot.

 

  1. No representation, warranty or undertaking whatsoever is made or intended to be made in respect of the recorded hours or age of any Lot.

 

  1. Any measurements stated are approximate only.

 

  1. TRC AUCTIONS cannot guarantee any photographs show the up to date position as to the condition of the Lot at the date of the Auction, and no inference should be taken as to the overall condition of the Lot from whatever photographs are shown.

 

  1. The Bidder acknowledges its sole responsibility to verify that the information in respect of a Lot is accurate and complete before bidding and you should obtain your own independent professional advice to verify and check matters prior to bidding.

 

  1. Bidding at the Auction (or making any pre or post Auction offer) is only permitted on the basis that you acknowledge and accept that, TRC AUCTIONS will not be held responsible or liable for any loss, cost, claim, demand or damage that you may incur as a result of the information contained or referred to in the Catalogue being incomplete, inaccurate, or misleading.

 

  1. Information contained in the Catalogue or description does not form or constitute part of any offer or contract between the Seller and Bidder.

 

  1. Neither the Auctioneers, nor any person in their employ have any authority to make or give any representation or warranty whatsoever in relation to any Lot.

G. CONDITIONS OF SALE

1.      Each Lot, unless explicitly stated otherwise, is offered subject to the sale conditions comprising these Online Auction Terms and Conditions.

 

  1. Your placement of a bid in an Auction is acknowledgment that you accept the Conditions of Sale contained herein.

 

  1. All Lots are offered for auction on the basis that you are deemed to have read and considered the Online and Live Auction Terms and Conditions and any other relevant documents for the Lot(s) and you have availed yourself all appropriate independent professional advice and necessary searches and enquiries before bidding.

 

  1. You do not rely on any information contained in the Catalogue or descriptions of the Lots and have relied solely on your own judgment in placing a bid.

 

 H. PROCEDURE ON PURCHASE AT THE AUCTION

1.      From the moment the Auction ends a Contract for Purchase and Sale is formed and the successful Bidder will be legally bound by all Conditions of Sale.

 

2.      All sales are final.

 

3.      All Lots are sold as-is where-is.

 

4.      Risk of loss shall be borne by the Bidder immediately upon the successful Bid.  It shall be your responsibility to insure all purchases immediately.  TRC AUCTIONS shall not be responsible for loss or damage to any Lot.

 

  1. You agree that the registered Bidder on any lot will be the party entered on to the contract of sale. The party must be a specifically named entity and not “nominees", "associates", “agent” or any other similar term. If you are the agent of a corporate Purchaser you agree to provide written authority from the Purchaser that you are authorized to Bid on their behalf prior to being allowed by TRC AUCTIONS to bid on any Lot.

 

I.      PAYMENT TERMS

 

1.    A Buyer’s Fee of 3% shall be applied to all purchased Lots in addition to the accepted Bid.

 

2.    GST/HST as applicable shall be applied to both purchase price and Buyer’s Fees.

 

3.    A deposit of the greater of 10% of the purchase price, Buyer’s Fee and GST/HST or $1,000.00 is required on sale day.

 

4.    All payments are due in accordance with the terms of each specific auction.

 

5.    Buyer shall be responsible for removal and all associated costs of removal of purchased lots. 

 

6.    Credit Card payments shall be accepted to a maximum of $1,000.00.

 

7.    All Lots purchased shall be removed within 5 days of auction,10 days following the fifth day failing to pick up item(s) a storage charge of $20/day/Lot shall accrue and be charged at the time of removal.

 

8.    TRC AUCTIONS does not provide security for Lots with the exception of sale day.  All Lots left at the auction site are left at the purchaser’s sole risk.  You agree that TRC AUCTIONS is not a bailee and shall have no responsibility to protect or otherwise limit your exposure to risk of loss.

 

9.    Failure of the Purchaser to settle by way of deposit or full payment on sale day shall result in the Lot being re-entered in the next auction or offered to the next highest bidder, without recourse by the Purchaser.  At the sole discretion of TRC AUCTIONS, the difference between the value bid by the Purchaser and the sum paid by the next highest bidder or the sum achieved at the next auction may be claimed against the Purchaser.

 

10.  If for any reason, TRC AUCTIONS is unable to make available or deliver any purchased Lot or clear title to the same or documentation required in respect of any purchased Lot, whether before or after delivery, TRC AUCTIONS’ sole liability, if any, shall be the return of monies paid in respect of such purchased Lot only, upon return of the Lot by Purchaser.  Any such purchased Lot shall be returned or surrendered within 7 days upon demand by TRC AUCTIONS. If the purchased lot is not returned within 7 days, TRC AUCTIONS shall be entitled to deduct 5% per month or any part of a month as depreciation. 

 

11.  The registered Bidder grants to the Auctioneers a security interest in the purchased Lots, to secure payment of the purchased price. In the event of non-payment, the Auction may file the Bidder Registration Agreement as a Financing Statement in the Personal Property Registry to protect the security interest granted.

 

 

J.     SECURITY

 

1.      You agree to keep your log in details confidential you agree not to disclose such information to any third party.  You must notify us immediately if you know or suspect that anyone other than you knows or makes use of your username or password.

 

  1. TRC AUCTIONS may in its absolute discretion disable any username or password, or suspend or terminate your access on the Platform, at any time, if in its reasonable opinion you have failed to comply with any of the provisions of these Terms.

 

  1. You warrant and represent that you have authority to use the website, register to participate in an Auction, Bid on a Lot and enter into a binding contract to purchase a Lot, whether on your own behalf or as authorized agent for a corporation.

K.   PRIVACY POLICY AND DATA PROTECTION

 

1.    Please view our privacy policy to ensure that you are aware of how we use your personal data. 

 

L.    ASSUMPTION OF RISK

 

1.    You acknowledge and agree that an auction site is potentially dangerous place.  Potential risks include, without limiting the generality of the foregoing, pressurized, noxious, corrosive and flammable substances, heavy equipment being operated, live electric circuits, tripping hazards and the like, all of which may cause damage to property, personal injury or death.  You agree that you are voluntarily assuming such risks of property damage, injury and death by attending at the auction. You agree that you shall not have any claim against the auction, the Auctioneers, their agents, employees or principals for any injuries sustained, including death, nor for damages to or loss of property which may occur from any cause whatsoever.

 

2.    EVERY PERSON AT THE AUCTION SITE AT ANY TIME, SHALL BE THERE AT HIS/HER OWN WILL, with this notice of condition of the premises and the activities thereon and Bidder shall so advise his/her agents and employees as to the risk of attendance. 

 

 

M. MISCELLANEOUS

 

1.      TRC AUCTIONS does not guarantee that the website will be secure or free from bugs or viruses.  You should use your own virus, malware and any other online threat protection software.

 

2.      You are responsible for making your own arrangements to access, send and receive communications or notifications from and in relation to the website.

 

3.      If a successful Bidder and/or the Purchaser does not comply with the any of the provisions of these, or any of the Conditions of Sale, we and/or the Seller reserves the right to treat that failure as the successful Bidder's repudiation of the Contract of Sale on behalf of the Purchaser.  In such circumstances, we and and/or the applicable Seller may have a claim against the winning Bidder personally for breach of contract.

 

4.      TRC AUCTIONS will be under no liability to the Bidder or the Purchaser in respect of any loss or damage suffered by the Bidder or the Purchaser as a result of its exercise of rights under these Terms.

 

5.      TRC AUCTIONS cannot guarantee that notifications (including Bids) or e-mails sent to it or by it will not be viewed or intercepted during delivery.  The use of e-mail carries certain risks. Confidentiality may be breached, messages may be lost or delayed, or may not be read, and viruses may be transferred through the use of e-mail.  TRC AUCTIONS cannot accept responsibility for loss which you suffer as a result of the use of e-mail for communication between TRC AUCTIONS and any other party.

 

6.      In the event of a dispute in respect of bidding occurring at or as a result of the auction, TRC AUCTIONS shall settle such dispute in its sole discretion without liability to any party.

 

  1. These Online and Live Auction Terms and Conditions shall be construed in accordance with the Laws of the Province of Alberta.

 

  1. If any provision of these terms or any other of our associated terms and conditions or your use of this website or part of any provision is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

 

  1. If any provision of these terms or any other of our associated terms and conditions or your use of this website or part of any provision is found wholly illegal, invalid or unenforceable and not possible of reasonable modification, that provision or part-provision shall, to the extent required, be deemed not to form part of our agreement with you and the validity and enforceability of the other provisions shall not be affected.

 

THESE ONLINE AND LIVE AUCTION TERMS AND CONDITIONS CONTAIN RESTRICTIONS OF LIABILITY TO TRC AUCTIONS, ITS AUCTIONEERS, EMPLOYEES, AGENTS AND ASSIGNS.  READ THESE ONLINE AND LIVE AUCTION TERMS AND CONDITIONS FULLY BEFORE REGISTERING TO BID OR ATTENDING AT A TRC AUCTION.

Items are sold “as is where is” No Guarantee Mileage / Hours. When signing on to buy or sell with TRC auctions you are agreeing with our terms and conditions