Incorporation by Reference of User Agreement. These Terms and Conditions are specific to this auction and supplement our standard User Agreement applicable to all bidders on our marketplace. You hereby acknowledge and agree to the most recent User Agreement which are hereby incorporated by reference into these Terms and Conditions specific to this auction. In the event of a conflict between these Terms and Conditions specific to this auction and our standard User Agreement, these Terms and Conditions shall control. A link to our most current version of User Agreement can be found on the Site Map which can be accessed at the bottom of each page on our marketplace website.
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Toronto Metropolitan University

Toronto, Ontario

 

Online Sales - Terms and Conditions

 

All bidders and other participants of this service agree they have read and fully understand these terms and agree to be bound thereby.

 

Guaranty Waiver. All assets are offered for sale “AS IS, WHERE IS,” Toronto Metropolitan University (the “Seller”) makes no warranty, guaranty, representation or condition whatsoever, including without limitation, any warranty or condition: (a) of merchantability; (b) fitness for a particular purpose; or © against infringement of intellectual property of a third party; whether express or implied by law, usage of trade, or otherwise. The Buyer is not entitled to any payment for loss of profit or any other money damages - special, direct, indirect or consequential.

 

The Seller shall not be liable, under any circumstances, for any breach of warranty or condition claims for any damages arising out of the manufacturer’s failure to honour its warranty obligations to the Buyer, if applicable to the assets sold.

 

Description Warranty. Seller warrants to the Buyer the assets offered for sale will conform to its description. Any claim for misdescription must be made prior to the removal of the property. If Seller confirms the asset does not conform to the description, Seller will keep the asset and refund any money paid. The liability of the Seller shall not exceed the actual purchase price of the asset. Please note upon removal of the asset, all sales are final.

 

Personal and property risk. Persons attending during exhibition, sale or removal of assets assume all risks of damage of or loss to person and property and specifically release the Seller and GovDeals from liability therefore.

 

Inspection. Most assets offered for sale are used and may contain defects not immediately detectable.  Bidders may inspect the assets prior to bidding. Bidders must adhere to the inspection dates and times indicated in the asset description. See instructions on each asset page for inspection details.

 

Consideration of Bid. Seller reserves the right to reject any and all bids and to withdraw from sale any of the assets listed.

 

Buyer’s Certificate. Successful bidders will receive a Buyer’s Certificate by email from GovDeals.

 

Buyer’s Premium & Additional Fees. If a Buyer’s Premium and any Additional Fees that are shown on the auction page bidder box, then that amount (expressed as a percentage of the final selling price or a specified amount) will be added to the final selling price of all items in addition to any taxes imposed.

 

Payment. Payment in full is due not later than five (5) business days from the time and date of the Buyers Certificate. Please refer to the payment instructions listed on the auction page for complete payment terms and methods. Please refer to the bid box for all fees and taxes that may be associated with the auction.

 

Removal. All assets must be removed within ten (10) business days from the time and date of issuance of the Buyer’s Certificate. Purchases will be released only upon receipt of payment as specified. Successful bidders are responsible for loading and removal of any and all property awarded to them from the place where the property is located as indicated on the website and in the Buyer’s Certificate. The Buyer will make all arrangements and perform all work necessary, including packing, loading and transportation of the property.  Under no circumstances will Seller assume responsibility for packing, loading or shipping.  See special instructions on each asset page for removal details. A daily storage fee of an amount to be determined by the client for any item not removed within the ten (10) business days allowed and stated on the Buyer’s Certificate.

 

Titles. Seller will issue a title or certificate upon receipt of payment. Titles may be subject to restrictions as indicated in the asset description on the website.

 

Default. Default shall include (a) failure to observe these terms and conditions; (b) failure to make good and timely payment; or (c) failure to remove all assets within the specified time. The default may result in termination of the contract and suspension from participation in all future sales until the default has been cured. If the Buyer fails in the performance of their obligations, Seller may exercise such rights and may pursue such remedies as are provided by law. Seller reserves the right to reclaim and resell all items not removed by the specified removal date.

 

Acceptance of Terms and Conditions. By submitting a bid, the bidder agrees they have read, fully understand and accept these Terms and Conditions, and agree to pay for and remove the property, by the dates and times specified. These Terms and Conditions are displayed at the top of each page of each asset listed on GovDeals. Specific Instructions appearing on the asset page will override certain sections of these Terms and Conditions.

 

Taxes. Buyers will be subject to payment of HST, GST, and/or PST, which will be added to the sale price as appropriate to the location from which the assets were sold. Buyers are responsible for completing any forms and paying any taxes that may be imposed.

 

Sales to Employees. Employees of the Seller may bid on the property listed for auction, so long as they do NOT bid while on duty.

 

Governing Law. The Laws of the Province of Ontario will govern all aspects of the auction sale transaction on the GovDeals marketplace.

 

Additional Terms and Conditions

 

  1. The assets are purchased by the Buyer “as is, where is” and “with all faults”. Any affirmation of fact made by the Seller shall not be deemed to create an express warranty that assets conform to such affirmation. Any descriptions and specifications with respect to assets offered for sale herein are not warranted by Seller to be accurate or complete. Seller strongly recommends bidders conduct an on-site inspection. Seller shall not be responsible for consequences of Buyer’s failure to inspect the assets or for any inaccuracies, insufficiencies, or omissions in such descriptions and/or specifications.
  2. All sales are final upon removal of the property. No returns of any kind will be accepted. No refunds will be offered on any sales.
  3. The Seller is not liable in any event to the Buyer or any third party for consequential, indirect, incidental, special, exemplary, punitive or aggravated damages, arising out of or relating to, and/or in connection with any defects or alleged defects in the assets sold or from subsequent use by the Buyer.
  4. All assets are for pick up only. No shipping or freight assistance will be provided.
  5. Property may be removed by appointment only and appointments must be made at least 24 hours in advance. All items must be removed within ten (10) business days from the time and date of the close of the auction.
  6. The seller:

(a)  will not be held responsible for any damage to any items during removal.

(b)  will not be held responsible for any personal injury that occurs during, or as a result of the removal.

(c)  will not be responsible for damage to its property that occurs during the removal.

(d)  will not provide any labour assistance with removal.

(e)  will not sign any document for shipping.

(f)   will not recommend any shippers, freight forwarders, couriers or delivery services.

(g)  will not be responsible for any shipping, packaging, delivery, duties, import fees, taxes or any other charges.

(h)  will not supply any asset information required for customs.

(i)    will not be responsible for preparing any documentation foreign or domestic.