TERMS & CONDITIONS (T&C)
Before bidding online at Bid416.com, you must read and accept the Terms and Conditions of bidding. Read these terms carefully. When you sign in/bid you are entering into a binding legal agreement with Bid416 Auctions Your e-mail address will automatically be added to our mailing list and you will receive notifications of upcoming auctions upon accepting these terms and conditions.
Payments are in Canadian Funds by Visa, Mastercard, Discover or eTransfers (to [email protected] Bid416.com) prior to pickup of the items. Payment information is contained in each auctions summary. Registering provides us the authorization to charge the card(s) on file any outstanding amounts.
After auctions you have 2 days to pay by eTransfer if you prefer. On the Sunday following the auction all outstanding invoices are charged to the card on file, including any Buy It Now invoices that are outstanding.
Non paying clients will be deactivated. Reactivation fee is $50.
Pick Up & Shipping
Pick Up and Shipping information will be listed in auction description and on the Pick up and Shipping policy pages on the site.
Items paid for and not picked up as per the pick up policy (listed in auction and on site) will be considered forfeit and put into a future auction to pay for storage costs. At our discretion items will be stored for future pick up at a cost of $20 per week.
BIDDING & PURCHASING
All bids submitted are final and irrevocable. If you are the highest bidder, you are the new owner of that item. All sales are final. Every item becomes the responsibility of the new owner as soon as the item has been sold. If you are the highest bidder, you are responsible for insuring your purchase immediately if required. Buyers cannot take possession of or remove their purchases until the total purchase price (including applicable taxes or fees) has been paid in full. A Paid Item Receipt will be supplied to the Purchaser and will be required in order to remove lots/items. It is the Bidder's responsibility to determine make, model, condition, age, genuineness, value or any other determinative factor. Bid416.com will attempt to describe the merchandise in descriptions, advertising, on the internet and/or in a catalogue, but makes no representations. In no event shall Bid416 Auctions be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. The Bidder shall be the sole judge of value. Online Bidders understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. It is the Bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor before bidding on items. Bid416 Auctions shall endeavor to describe in detail each item and any pertinent information about it. Bid416 Auctions will not be responsible for any technical difficulties or errors in online bidding the bidder may experience. The bidder agrees that everything is sold as is and that they may not return any item they purchase. Under no circumstances shall a Bidder have any kind of claim against Bid416 Auctions or anyone else if the internet service fails to work correctly. Bid416 Auctions will not be responsible for any missed bids from any source. All property is sold "AS IS - WHERE IS", and ALL SALES ARE FINAL.
Bid416 Auctions reserves the right to add, remove or change items once this auction has been catalogued and published. Bid416 Auctions has the right to cancel or postponed the auction at any time without notice. Once on-site; Bid416 Auctions and/or the Landlord are not responsible for any accidents; you and your property will have entered the premise at your own risk and will assume your own liability. Bid416 Auctions has the right to accept and/or reject any and all bids. All gas/electrical and plumbing disconnections MUST be done by a licensed professional. All disconnections and transport/removal expenses are those of the successful bidder. Bid416 Auctions has no responsibility if any damage occurs while assisting in loading or unloading.
USE AND REGISTRATION
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the Terms And Conditions.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Bid416 Auctions has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Bid416 Auctions has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
LIMITATION OF LIABILITY
You expressly understand and agree that Bid416 Auctions shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Bid416 Auctions has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of previous sections may not apply to you.
You agree to indemnify and hold Bid416 Auctions harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
The T&C constitute the entire agreement between you and Bid416 Auctions and govern your use of the Service, superseding any prior agreements between you and Bid416 Auctions. The T&C and the relationship between you and Bid416 Auctions shall be governed by the laws of the Province of Ontario without regard to its conflict of law provisions. You and Bid416 Auctions agree to submit to the personal and exclusive jurisdiction of the courts located within the Province of Ontario, Canada. The failure of Bid416 Auctions to exercise or enforce any right or provision of the T&C shall not constitute a waiver of such right or provision. If any provision of the T&C is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the T&C remain in full force and effect.