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Bidder and Auctioneer agree that the terms listed below shall govern each online auction sale.
REGISTRATION: All information provided by bidder during the registration process must be current, complete, and accurate. Bidders must be 18 years of age or older. SaleDayGLOBAL, at its sole discretion, may deny registration to any person or entity. If your contact information changes, then you are responsible for proper notification. SaleDayGLOBAL will not be responsible for lost, delayed or misdirected notices in the event you do not update your information in a timely manner.
AGREEMENT TO TERMS: Access and use of any online auction site of SaleDayGLOBAL (the 'Site') is subject to all specific terms and conditions set forth on any individual page within the Site and the terms and conditions of this User Agreement and all applicable laws and regulations, including but not limited to copyright and trademark laws. BY ACCESSING THIS SITE, YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS OF THE SITE USER AGREEMENT and to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site. SaleDayGLOBAL reserves the right to change the terms and conditions of the User Site Agreement from time to time, and it is the Bidder's responsibility to review any and all changes made to these terms and conditions prior to each use of the Site. By using the Site, you agree in advance to accept any such changes.
BIDDER/BUYER ELIGIBILITY: SaleDayGLOBAL and all of said services are available only to individuals who can enter into a legally binding contract or contracts under applicable law. Without limiting the foregoing, our services are not available to minors. Further, your account and user ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind such entity to this Agreement.
INTERFERENCE: Bidders agree to not use any device, software or routine to interfere or attempt to interfere with the proper functioning of this online auction sale.
SUSPENSION / PERMANENT BAN / BLACKLIST: A Bidder will be suspended or permanently banned from the Site for providing false or fraudulent information when registering. A Bidder will be permanently banned from this Site for failing to honor an auction bid made under that Bidder's bid number and will be Blacklisted with date of sale and amount payable posted on website for public viewing.
PAYMENT: Buyer will receive an invoice via electronic mail after the close of the auction. Payment for purchases must be made by cheque or bank deposit or Visa, MasterCard, or Discover, unless otherwise noted in a specific auction's terms and conditions. Any item or lot not paid for forfeits purchase and any delivery of same.
GST TAX: All sales are subject to 10% GST TAX. Sale Price + GST TAX
ITEM DESCRIPTIONS: The descriptions of items or lots appearing in the auction and in advertising are believed to be correct. Nevertheless, neither those descriptions nor any oral statements made by Owner/Seller or SaleDayGLOBAL concerning any items or lots shall be construed as a warranty either express or implied. ITEMS AND LOTS ARE SOLD AS IS - WHERE IS and WITH ALL FAULTS. Bidder acknowledges that all items and lots were available for inspection prior to the auction and, by these terms, SaleDayGLOBAL and Owner/Seller strongly encouraged Bidder to carefully inspect each item or lot to determine the nature, quality, condition, quantity and size of the item or lot. Bidder relied solely on personal inspection and not on information listed on the Site or otherwise provided by SaleDayGLOBAL or Owner/Seller. The IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, ARE SPECIFICALLY EXCLUDED from this sale and transaction and shall NOT apply to the merchandise that is the subject of these sales. SaleDayGLOBAL does not have control over the items or lots that are posted in the Site, and cannot guarantee the authenticity and quality of said product. SaleDayGLOBAL is not responsible for the actions the Owner/Seller and Buyers take before, during, and after the online auction sale, typographical errors, misprints, loss of merchandise/money, damage or failure of equipment, due to visits to this site.
CANCELLED BIDS AND OR RETRACTIONS: Once a bid is made and confirmed, it cannot be retracted. When a bid is made you manifest your intent and ability to buy the lot at the bid price. A false or fraudulent bid may result in legal action. Any winning Bidder who refuses to purchase the lot may be banned from all future online auctions. There are no bid retractions. ALL BIDS ARE NON-CANCELLABLE ONCE SUBMITTED.
WITHDRAWAL OF ITEMS: From time to time, it may become necessary to withdraw items from a sale after they are listed. SaleDayGLOBAL and the Owner/Seller reserve the right to do so at any time before or during the sale. The Owner/Sellers of property sold through this Site reserve the right to reject any and all bids in their sole discretion.
REMOVAL: Merchandise becomes the full responsibility of Buyer at the close of auction, and Buyer assumes all risk of loss. The date by which all merchandise must be removed from the premises is posted on an auction-by-auction basis.
ADJUSTMENTS: SaleDayGLOBAL reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the auction sale.
DISPUTE BETWEEN BIDDERS: The final high bidder shall be designated at the end of each item or lot. If a dispute arises between two or more Bidders, SaleDayGLOBAL reserves the right to reopen bidding. SaleDayGLOBAL's designation of the Buyer shall be final.
INDEMNITY: Bidder accepts responsibility for and agrees to indemnify, defend and hold harmless each Owner/Seller and SaleDayGLOBAL and their employees, governing body, officers, owners, affiliates, subsidiaries, directors, agents and representatives from and against any and all claims, losses, damages, liabilities, judgments, fees, costs and expenses (including reasonable attorneys' fees and expenses) related to, arising from or associated with Buyer's, his agents or representatives, use of the Site, including but not limited to personal injuries or property damage incurred on the sale premises or during removal and transport of any auction items or lots, and arising out of, based upon, or resulting from any breach or violation by Bidder of this Site User Agreement or any use by Bidder of the Site or as a result of a dispute with another Bidder.
TERMINATION OF AGREEMENT: This Site User Agreement constitutes a binding agreement between Bidder and SaleDayGLOBAL until terminated by SaleDayGLOBAL. SaleDayGLOBAL may terminate this agreement at any time, without notice, in SaleDayGLOBAL's sole discretion. If Bidder dissatisfaction occurs with the auction sale in any way, Bidder's only recourse is to immediately discontinue use of the auction Site. SaleDayGLOBAL reserves the right to terminate Bidder registration and use of the auction Site, and impose limits on certain features of the auction Site or restrict Bidder's access to, or use of, part or the entire Site without notice or penalty.
INTERRUPTION OF SERVICE: SaleDayGLOBAL cannot, and will not, be held responsible for any interruption in service, errors, and/or omissions, caused by any means and does not guarantee continual, uninterrupted or error free service or use of the Site. Bidder acknowledges that this auction is conducted electronically and relies on hardware and software that may malfunction without warning. SaleDayGLOBAL, in its sole discretion, may void any sale, temporarily suspend bidding and re-sell any items or lots that were affected by any malfunction. The decision of SaleDayGLOBAL is final.
PRIVACY: SaleDayGLOBAL gathers information about Bidders and Owner/Sellers for the purposes of conducting online auctions. SaleDayGLOBAL does not sell or rent this information. SaleDayGLOBAL uses electronic mail mailing lists to notify its customers about online and live auctions. If you are receiving a particular mailing and wish to discontinue receiving future mailings, simply forward the received e-mail to SaleDayGLOBAL to have your name promptly removed from our list.
BID IS A CONTRACT: As a Bidder, placing a bid is a binding contract between you and the Owner/Seller and the bid cannot be retracted. Once you place a bid, and if you win, you will be obligated to buy the product at the said price you indicated as your bid. Placing a bid on this Site, and winning, then not paying for the product is illegal, and prosecution can result. The Owner/Sellers of property sold through this Site reserve the right to reject any and all bids, in their sole discretion.
NO WARRANTY ON SITE USAGE: You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Site without prior, express written permission of SaleDayGLOBAL. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state. No legal advice is intended or implied by anything contained within the Site. No obligation, liability, responsibility, accountability or burden is undertaken, assumed or otherwise imposed by maintaining the Site.
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