TERMS AND CONDITIONS GOVERNING THE USE OF MICHENER ALLEN AUCTIONEERING LTD. ONLINE BID SERVICES
(revised April 28, 2005)
Michener Allen Auctioneering Ltd. (Hereinafter referred to as "MAA") offers customers the opportunity to participate online in live MAA auctions. MAA reserves the right, at our sole discretion, to add, delete or change some or all of our online services at any time without notice.
The following Terms and Conditions govern the use of MAA Online Bid Services Terms and Conditions and must be accepted, without modification, before you may access MAA Online Bid Services.
The MAA Online Bid Services Terms and Conditions, together with any additional terms and conditions specific to a particular auction, constitute the entire agreement (the "Agreement") between you and MAA regarding the use of MAA Online Bid Services with respect to that auction.
As used in these MAA Online Bid Services Terms and Conditions, "you" are an individual acting on your own behalf, or an agent of a person or entity that has authorized you to act on their behalf; "we" and "us" mean MAA (Michener Allen Auctioneering Ltd.) or MAA Online Bid Services.
MAA reserves the right, in our sole discretion, to allow or deny access to MAA Online Bid Services to any party.
Upon acceptance of your registration and application for access to MAA Online Bid Services, you will receive a username, password and a PERMANENT online bid number which will identify you whenever you place bids using MAA Online Bid Services. You are responsible for all purchases and activities that occur using your MAA Online Bid Services Bid Number.
(1) Fees and Service Costs
(2) General Eligibility for Access to and Use of MAA Online Bid Services
By accepting these MAA Online Bid Services Terms and Conditions, you warrant that:
(a.) You are of legal age and possess the legal capacity to participate in MAA auctions;
(b.) Upon approved registration you will be issued a permanent username, password and online bid number. these are permanent and will be used to log on to all future MAA online auctions. PROTECT AND KEEP CONFIDENTIAL YOUR USERNAME AND PASSWORD. You will be held financially responsible for the use of your online bid number by yourself or any other party using MAA Online Bid Services under your name or account.
(3) Registration to Participate in an Auction
MAA reserves the right to refuse to register any person for any auction. Each MAA auction is also subject to terms set out in the Bidder Registration Agreement for that particular auction. It is important that you familiarize yourself with the terms of the relevant Bidder Registration Agreement.
(4) Restrictions Governing the Use of MAA Online Bid Services
As a condition of your use of MAA Online Bid Services, you warrant you will not:
(a.) use MAA Online Bid Services for any purpose that is unlawful or prohibited by this Agreement;
(b.) use MAA Online Bid Services in any manner that could damage, disable, overburden, or impair the michenerallen.com web site;
(c.) use any device, software or routine to interfere or attempt to interfere with the proper working of MAA Online Bid Services or the michenerallen.com web site or any MAA auction;
(d.) take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
(e.) interfere with or disrupt any computer networks involved in the provision of MAA Online Bid Services;
(f.) transmit any viruses or other code, files, or programs that may damage, disrupt, or interfere with MAA Online Bid Services or any other aspect of the michenerallen.com web site;
(g.) interfere with any other party's use of MAA Online Bid Services;
(h.) impersonate any other person or entity, or disguise the origin of any Bidder Information;
(i.) use MAA Online Bid Services to upload, post or distribute any advertising or solicitations; or
(j.) use MAA Online Bid Services in such a way as to gain unauthorized access to the computer systems of others.
You acknowledge and agree that MAA Online Bid Services, the michenerallen.com web site, and any software and information used in connection therewith contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that any content contained on the michenerallen.com web site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by MAA, you agree not to modify, sell, distribute or create derivative works based on the michenerallen.com web site or the content therein, in whole or in part.
(5) Bidder Information
Bidder Information includes any information you provide to MAA when you register to participate and bid in any MAA auction or communicate with MAA via phone, fax or email as part of your use of MAA Online Bid Services. You are solely responsible for the accuracy of your Bidder Information and you hereby warrant that your Bidder Information: (a) is true and accurate; (b) is not fraudulent; (c) does not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) does not violate any applicable law, statute, ordinance or regulation; (e) is not defamatory, obscene or libelous; and (f) does not contain any viruses, code, files, or programs that may damage, disrupt, or interfere with data or personal information. You agree to indemnify and hold MAA harmless from and against any loss, cost, expense or damage arising out of a breach of any of the foregoing representations and warranties. MAA reserves the right to take any action with respect to Bidder Information if MAA reasonably believes such information to breach any of the foregoing representations or warranties or to be restricted or prohibited by law.
By accepting these MAA Online Bid Services Terms and Conditions, you grant to MAA a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to use the Bidder Information for any purposes in connection with MAA Online Bid Services. MAA may also provide Bidder Information to third parties if the provision of such data is necessary to facilitate your participation in a MAA auction or your use of MAA Online Bid Services. In addition, MAA may disclose aggregated user statistics that do not identify individual users.
MAA may disclose Bidder Information, subject to any applicable laws, if we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating this Agreement or may be causing injury to or interference (either intentionally or unintentionally) with MAA's rights or property, other users of MAA Online Bid Services, or anyone else that could be harmed by such activities. MAA may disclose Bidder Information when we believe in good faith that the law requires such disclosure.
(6) Using MAA Online Bid Services During an Auction
Bids for a particular item may be made on a Live or Proxy basis when using MAA Online Bid Services.
BIDS PLACED VIA MAA ONLINE BID SERVICES ARE FIRM COMMITMENTS TO PURCHASE AND MAY NOT BE CANCELED OR RETRACTED FOR ANY REASON. MAA CANNOT AND DOES NOT GUARANTEE THAT BIDS PLACED VIA MAA ONLINE BID SERVICES WILL BE TRANSMITTED TO OR RECEIVED BY THE AUCTIONEER IN A TIMELY FASHION. FURTHER, THE AUCTIONEER HAS THE SOLE DISCRETION TO ACCEPT OR REFUSE ANY BID.
All bids must be submitted in CDN Funds. Bids do not include any applicable taxes, buyers premiums, customs duties, registration fees, shipping, rigging, or other preparation and transportation costs and insurance. Bids for an item do not apply to subsequent offerings of identical or similar items. Bidders placing winning MAA Online Bids will be notified by e-mail. All forms of shill bidding, including collusion, bid manipulation and bidding on lots that you, or a party that is affiliated with you, have consigned to the auction is strictly forbidden. You may not make a bid under a false name or as agent for a person who would himself be prohibited by these MAA Online Bid Terms and Conditions from placing a bid on a particular lot. MAA reserves the right to reject any bid which we deem to not have been made in good faith, or which is restricted or prohibited by law. The winning bidder for a particular lot (the "Purchaser") shall have purchased that lot at the accepted bid amount.
(7) Ownership
All sales are final. Upon your becoming the Purchaser of a lot, that lot shall immediately become your responsibility and be at your risk. MAA shall not be responsible for loss or damage to any lot once it has been purchased.
(8) Payment, Settlement and Removal
The Purchaser of a lot shall make payment as follows:
You will be notified by email of the purchase price, plus any applicable taxes and other charges. Payment must be by wire transfer to the bank account identified in the email sent to you. Payments must be made no later than the 1st banking day following the email notification you receive. All payments must be in CDN Funds. You agree to pay interest on overdue accounts at a rate of 18% per annum or at such other maximum rate as allowed by law, together with any legal or collection costs, including attorneys fees, incurred by MAA. You are responsible for transporting purchased lots from the auction site to your desired location. At no time will any purchased lot be released to you until payment in full for all lots purchased by you has been received by MAA. You agree to compensate MAA for any storage, hauling charges or damages suffered by MAA because of your failure to remove any purchased lots within the removal period specified by MAA for the auction.
(9) Auction Data
You may not record, store, duplicate, reproduce, re-broadcast or otherwise exploit any data or audio/video content transmitted to you as part of the MAA Online Bid Services during a live auction (collectively, "Auction Data"). MAA owns all right, title and interest in and to all Auction Data, including all intellectual property rights therein and thereto.
(10) No Warranty / No Professional Advice
The descriptions of items appearing in advertising or any information prior to or during the auction are believed to be correct. However neither those descriptions nor any information supplied by any employee or agent of MAA, in any form whatsoever, shall be construed as a warranty, either expressed or implied. Any descriptions and information supplied by any means is intended solely as general guidance for the purpose of buying and selling lots at MAA auctions.
MAA PROVIDES NO GUARANTEES OR WARRANTIES, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, OF ANY NATURE WHATSOEVER IN RESPECT OF THE LOTS OFFERED AT ANY MAA AUCTION. EACH AND EVERY LOT AT EVERY MAA AUCTION IS SOLD "AS IS, WHERE IS." BIDDERS ARE STRONGLY ENCOURAGED TO INSPECT THE LOTS BEFORE PLACING BIDS.
(11) Termination
Without limiting any other remedies, MAA reserves the right, at its sole discretion, to revoke your access to MAA Online Bid Services at any time and without notice, for any reason, including, without limitation, if we (a) conclude you have engaged in activity unacceptable to MAA in connection with our site or the use of MAA Online Bid Services (b) determine you are in breach of this Agreement (c) are unable to verify any Bidder Information.
(12) Disclaimers
You acknowledge and agree that the Internet is an unreliable, unsecured, and error-prone network and MAA cannot and does not guarantee continuous, uninterrupted or secure access to MAA Online Bid Services or the michenerallen.com web site or that Bidder Information, including auction registrations and bids, will be transmitted or received in a timely fashion. You agree to hold MAA harmless for any interruptions in MAA Online Bid Services or the michenerallen.com web site, or your inability to reach or effectively use MAA Online Bid Services or the michenerallen.com web site.
IN NO EVENT SHALL MAA BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF MAA ONLINE BID SERVICES. MAA ONLINE BID SERVICES AND THE MICHENERALLEN.COM WEBSITE, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS, SERVICES AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH MAA ONLINE BID SERVICES OR THE MICHENERALLEN.COM WEBSITE, ARE PROVIDED ON AN "AS IS, WHERE IS, AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. MAA DOES NOT WARRANT THAT THE SERVICES OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED, MADE AVAILABLE ON OR ACCESSED THROUGH MAA ONLINE BID SERVICES OR THE MICHENERALLEN.COM WEBSITE, INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY SOFTWARE, PRODUCTS OR OTHER MATERIALS USED IN CONNECTION WITH MAA ONLINE BID SERVICES OR THE MICHENERALLEN.COM WEBSITE, WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. MAA MAKES NO WARRANTY THAT MAA ONLINE BID SERVICES OR THE MICHENERALLEN.COM WEBSITE WILL MEET YOUR REQUIREMENTS. IF YOU ARE DISSATISFIED WITH MAA ONLINE BID SERVICES OR THE MICHENERALLEN.COM WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING MAA ONLINE BID SERVICES OR THE MICHENER ALLEN WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MAA OR THROUGH MAA ONLINE BID SERVICES OR MICHENERALLEN.COM WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THIS AGREEMENT.
MAA reserves the right to suspend, postpone or cancel any auction or access to MAA Online Bid Services, without notice, if MAA determines, in its sole discretion, such action is appropriate. MAA shall have no liability to you as a result of such suspension, postponement or cancellation.
(13) Limitation of Liability
YOU UNDERSTAND AND AGREE THAT NEITHER MAA NOR ANY OF ITS OFFICERS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, OR INCIDENTAL DAMAGES, OF ANY NATURE ARISING OUT OF (a) THE FAILURE OF ANY BIDDER INFORMATION OR OTHER DATA TO BE TRANSMITTED OR RECEIVED IN A TIMELY FASHION, (b) THE INTERRUPTION OF ANY DATA TRANSMISSION, OR AUDIO OR VIDEO BROADCAST, (c) THE DOWNLOADING OF ANY APPLICATIONS OR INFORMATION RELATED TO MAA ONLINE BID SERVICES, OR (d) THE USE OF OR INABILITY TO USE MAA ONLINE BID SERVICES OR THE MICHENERALLEN WEB SITE, TO THE FULL EXTENT THOSE DAMAGES CAN BE DISCLAIMED BY LAW. THIS LIMITATION OF LIABILITY IS EXPRESSLY INTENDED TO APPLY TO ALL TYPES OF DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF BUSINESS INFORMATION (INCLUDING LOSS OR REPLACEMENT OF ANY DATA, MEMORY OR OTHER INFORMATION WHICH IS ALTERED OR DAMAGED) OR BUSINESS INTERRUPTION (WHETHER RESULTING FROM FAILURES OR DELAYS IN DELIVERY OR PERFORMANCE).
(14) Indemnification
You agree to indemnify, defend and hold harmless MAA and its employees, agents, affiliates, successors, officers, directors and assigns, from and against any and all claims, demands, losses, damages, liabilities, costs and expenses (including attorney fees) arising out of or relating to any claim or action based upon your use of MAA Online Bid Services or the michenerallen.com web site or your breach of this Agreement.
(15) Amendment
MAA may amend the MAA Online Bid Terms and Conditions at any time by posting the amendments on our website. The MAA Online Bid Services Terms and Conditions may not be otherwise amended except in writing signed by both MAA and the party requesting the amendment.
(16) Notices
To MAA: Notices must be sent by email to info@michenerallen.com and by certified mail to Michener Allen Auctioneering Ltd., P.O. Box 33116 Glenwood RPO, Edmonton, AB T5P 4V8 or such other address as may be designated from time to time. To You: Except as explicitly stated otherwise, any notices under this Agreement shall be given by email to the email address provided to MAA during your registration, or as subsequently amended by you, on the michenerallen.com web site. Notice shall be deemed given 24 hours after the email is sent. If your email address changes, you are responsible for notifying MAA of such change immediately.
(17) Governing Law
The MAA Online Bid Services Terms and Conditions shall be governed by and interpreted under the laws of, and any action hereunder against MAA shall be commenced in the Province, or State, and Country in which the relevant auction occurs.
(18) No Waiver
The failure of MAA to enforce any terms of this Agreement in whole or in part or to respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any term or condition of this Agreement or to act with respect to similar breaches.
(19) General
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law then such provision shall be enforced to the maximum extent possible and the remainder of the Agreement shall continue in full force and effect. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the you and MAA with respect to MAA Online Bid Services, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and MAA with respect to MAA Online Bid Services.
The successful Internet bidder ("Buyer") is charged a fee ("Internet Buyers Fee") of 2% to a maximum of $500.00 per unit along with any applicable administration fees.
Real Estate Terms & Conditions
1. All prospective Buyers are required to register to obtain a Bid Number in order to Bid.
2. All prospective Buyers are required to present banking information (Bank Co. and Financing Contact)
3. Michener Allen and the real estate brokerage company will act as a single agent representing the seller’s interest only – not as a dual agent.
4. The Auction sale is not contingent on the Buyer obtaining financing, nor conditional upon any requirements or events, and will not be extended for any purposes whatsoever.
5. If you are the successful Bidder, a non-refundable deposit of 15% of the purchase price of the property will be due and payable at the conclusion of the Auction, in the form of personal check, money order, certified cheque or bank draft. The deposit will be held trust.
6. At the end of the Auction, the successful Bidder will immediately enter into a Real Estate Purchase Contract, and be bound to the Terms & Conditions as set forth. Bidders will also be required to complete a Receipt of Funds Record.
7. Bidders who subsequently fail to close the sale for any and all reasons, other than the failure of the Seller, will be required to release their entire deposit as liquidated damages.
8. The remainder of the purchase price is due in full upon the closing date: October 16 or October 26/09.
9. A Buyer’s Premium will not be applied. The Purchaser shall pay the Purchase Price for the property and all applicable taxes (Provincial and Federal).
10. All properties are sold “AS IS, WHERE IS” condition. Bidders are advised to perform their own due diligence prior to attending the Auction, or during the Viewing.
11. All sales are final.
12. The Auction sale will begin promptly at the appointed time and place, unless conditions prevent such a sale to take place, in which case the Auctioneer will make a decision on where and when.
13. Descriptions made by the Auction Company, Michener Allen Real Estate Auctions Inc, are made as accurately as possible in all its literatures, website and advertisements, and are provided for information purposes only and should be verified by the Bidder. The Auction Company, the Directors, and its staff, the Designated Brokers, Seller or their Agents cannot be held liable for any errors or omissions whatsoever.
14. Bidders are required to perform their own due diligence, including but not limited to reviewing all details, measurements, and restrictions prior to bidding at the auction.
15. The Auction Company reserves the right to deny any person admittance to, or expel any person from the Auction event, or to withdraw any or all property(s), or to change the Terms & Conditions, or to reopen bidding on the Property, or may designate one of the Bidders as the successful Bidder, at any time prior to or during the course of the Auction, without just cause.
16. Bidders acknowledge that they are on the Sale site at their own risk. No person shall have any claims against the Auction Company, its staff and representatives, including its Agents for any injuries sustained or for any damages to or loss of property which may occur.
17. In the event of a tie bid, the bidder on location and in the presence of the Auctioneer will take precedence.
18. In the case of dispute, the Auctioneer’s decision shall be final.