Online Auction Terms and Conditions


It is your responsibility to know exactly how this online auction works and to ensure that the items that you bid on will meet your needs. Bryan’s does not provide warranties, guarantees or exchange privileges.  All items are sold in an “As-is Where-is” basis.  

 

PLEASE ENSURE THAT YOU READ THE VIEWING, LOAD-OUT AND LAST DAY FOR PAYMENT BEFORE LATE FEES APPLY, TIMES POSTED ONLINE FOR EACH AUCTION

  1. Remember that when you register for a Bryan’s Timed Online Auction your registration name will appear on the invoice if you make a purchase. REGISTER in the name that is to appear on your invoice. ALL SALES ARE FINAL AND AS SUCH ALL INVOICES ARE FINAL. NO INVOICE or BIDDER REGISTRATION will be changed or altered after the fact, in any way.  Once the bidder registration form has been completed online in full and submitted, and you have been approved to bid by Bryans, you will then have confirmed and agreed to the following Terms and Conditions of Sale. Bryan's Auction Services Ltd. (as the Auctioneers) reserve the right to approve a registration, refuse a registration for bidding and/or revoke the respective registration at any time.
  2. Your password, along with your email address will allow you to log into our auction and bid.  Please remember that your bidder number is permanent and you can use same number for all Bryan’s Online auctions. 
  3. A thirteen percent (13%) buyer’s premium is in effect on all items at every Bryan’s auction sale. A 3% DISCOUNT to the buyer’s premium will apply for those invoice(s) paid in full by Cash, Certified Cheque, Bank Draft, Debit, E-transfer, or with prior approval from Bryan's to accept your Company Cheque accompanied with your Bank's Letter of Guarantee. Please note that the buyer’s premium is a taxable service. 
  4. All registered bidders are held personally liable and financially responsible for any and all bids placed with their respective "Bidding Number".  By virtue of you accepting Bryan's Terms and Conditions of Sale, you are agreeing to pay the bid amount, in addition to the Buyer’s Premium and Harmonized Sales Tax ("HST"), within the timeline dictated by the Auctioneer. Bidders may be exempt from certain taxes, only on condition that they can provide appropriate proof to Bryan's that they have an exception status for that item.  This may take the form of a status card or bill of lading.
  5. Please inspect your purchase prior to buying it.  The purchaser shall be deemed to have inspected the equipment and/or lot(s) and have carefully read the description of the respective equipment and/or lot(s) to their full satisfaction before making their bid(s).
  6. Any catalogue description of equipment and/or lot(s) is merely a guide and may contain errors or incorrect information.  The Auctioneers make NO representation whatsoever with respect to any degree of accuracy as it pertains to the year of manufacture, odometer and/or hour meter that may be indicated on any lot. NO sale shall be invalidated by reason of any defect or inaccuracy in any of the lots. Bryan’s maintains the right to add or delete any lots during the Auction.
  7. When the auction of the item that you are bidding on closes, you agree that you have entered into a binding contract with Bryan's Auction Services Ltd. for the purchase of the specific lot(s).
  8. Each item in this online auction has a specific time when the bidding will close. Please ensure that you check the closing times on the items you wish to bid on. 
  9. If a buyer enters a bid at the last minute of the auction, the ending time of the auction will automatically be extended by one minute until one bidder remains. This is referred to as a “soft close” or auction extension.
  10. All sales are final and all purchased equipment and/or lot(s) must be paid in full to Bryan's Auction Services Ltd. The buyer agrees that all items offered at auction are strictly sold on an “AS IS” basis. Bryan’s Auction Services Ltd. will not warranty or guarantee any item in the sale.  All items purchased must be removed by the date and time stated by the Auctioneer.  No item will be removed by the buyer without full payment being made and an appropriate release is obtained by the buyer.
  11. All Buyers agree to insure their purchased equipment as against any and all losses subsequent from the auction date until the removal of the  equipment and/or lot(s) from the auction sale site.
  12. In the event the Buyer pays for their entire purchase after the date set by the Auctioneer, a late fee of $75.00 will be applied to the outstanding balance.
  13. Should the debt remain unpaid Bryan’s reserves the right to use paralegal and/or lawyer assistance to take action to remedy its situation. This may include referral of the file to a collection agency which will reflect on the Buyer’s credit standing. Claims against the buyer will include but not be limited to: any deficiency in the reselling price of the item; daily storage fees; reinstatement fees and any legal fees incurred by the Auctioneer.
  14. Ownerships will be transferred into the registered buyer’s name, once the item is paid in full. The transfer will be completed within 6 business days of payment. Temporary permits may be available for vehicles. Please discuss this with the Office Manager.
  15. All items purchased by the buyer are the responsibility of the buyer and must be removed by the buyer. Bryan’s Auction Services Ltd. will assist with the loading of certain pieces requiring fork lift or heavy lifting assistance.  All other items must be loaded by the buyer.  
  16. No person shall bid on any lot for which they are the consignor or an agent or associate of the consignor.
  17. If for any reason, Buyer fails to remove any purchase within the stated timelines as stated by the Auctioneer, the purchase will be subject to storage charges of $25.00 per day per item. The Auctioneer may deem the item to be abandoned by the Buyer, at its sole discretion.  The item will be resold at the next auction. Any deficiency in the selling price will be added to the storage fees and be the responsibility of the original Buyer.
  18. The catalogue is purely a guide. It is based on information from sources believed to be reliable and from the consignor; however, its accuracy cannot be guaranteed by Bryan’s.

***Please note buyers are responsible for loading your own items. Please ensure you have the proper help at time of pick up***

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