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UWMO AUCTIONS - WOODWORKING MACHINERY AUCTIONS
UWMO-AUCTIONS FACTORY APPRAISALS
Site Status
Updated: July 29, 2010
UWMO AUCTIONS
AUCTION TERMS, STANDARD TERMS AND CONDITIONS


Terms

On-Line Bidding will close on the announced date and time.

A 10% Purchaser's Premium may be added to the final bid price depending on the terms of that particular auction.

Purchaser agrees to accept assets purchased "as is", "where is", and "with all faults" and agrees that there are no representations on warranties unless expressly set out.

Your bid is a contract: Place a bid only if you're serious about buying the item. If you are the high bidder, you will enter into a legally binding contract with UWMO-AUCTIONS.COM ("UWMO AUCTIONS")

Payment: All successful On-Line Bidders agree to make full payment to UWMO within 24 hours of the Online Time. Only bank drafts to UWMO will be accepted.

*UWMO-AUCTIONS.COM may contact its online bidders and request a deposit in the amount of 25% of your total bid(s) and/or your maximum bid(s) prior to the online closing date and/or bidding. The requirement of this deposit will be at the sole discretion of UWMO-AUCTIONS.COM and may vary depending on the seller's contract, etc. Any deposit so requested and not provided may result in your bid being disqualified at the sole and unfettered discretion of UWMO-AUCTIONS.COM.

Fraudulent bidders / Unpaid invoices: UWMO-AUCTIONS.COM reserves the right, and you acknowledge and agree to its exercise of this right, to notify third parties, including law enforcement authorities, credit bureaus, other auction companies and industry regulators and authorities, about bidder's involved with or connected to fraudulent bidding or the failure to fully pay invoices in accordance with our terms and conditions.

Please contact our auction office with any questions regarding payment.
Phone: (905) 731-6144
Fax: (905) 731-4639
E-Mail: sales@UWMO-AUCTIONS.COM

Standard Terms and Conditions

Terms and Conditions: All persons participating in an auction or sale on the UWMO-AUCTIONS.COM web site or content page or the web site or content page of an affiliate of UWMO-AUCTIONS.COM (collectively, the "UWMO-AUCTIONS.COM Web Site"), or otherwise acknowledge and agree that their participation constitutes their agreement to be legally bound by all of the terms set forth below (the "Standard Terms and Conditions").
  1. ALL participants are required to register by giving their full name, address, and other information requested by
  2. UWMO-AUCTIONS.COM in order to receive a User ID for bidding or purchase.
2. DEPOSIT: Each successful Advance On-Line Bidder for on-line auctions agrees to make a deposit via bank bank draft equal to 25% of the greater of the high closing bid price of an item such bidder is bidding on or their maximum bid(s) for an item such bidder is bidding on with UWMO-AUCTIONS.COM within 24 hours of the On-Line Closing Time. Upon non-payment or other default by a bidder, UWMO-AUCTIONS.COM may, in addition to all other remedies allowed by law, retain all monies received as deposit or otherwise as liquidated damages.

3. PAYMENT: (A) The following payment terms apply to on-line auctions or sales:
  1. All successful bidders agree to make full payment via bank draft to UWMO-AUCTIONS.COM within 24 hours of the Online Closing Date.
     
  2. A buyers premium, to be determined by UWMO-AUCTIONS.COM and announced, will be applied to invoice(s) in addition to the purchase price.
     
  3. Sales tax and Goods and Services Tax, where applicable applies to all sales unless buyer has, in the sole determination of UWMO-AUCTIONS.COM, proper exemption.
     
  4. No item will be released until UWMO-AUCTIONS.COM has received payment in full for it.
     
  5. All deposits shall be payable by bank draft within 24 hours of the closing time.
(B) The following payment terms apply to all on-line auctions and sales:
  1. All bank drafts shall be payable to the order of "UWMO-AUCTIONS.COM".
     
  2. All invoices or other amounts due shall be paid to UWMO-AUCTIONS.COM as announced.
     
  3. The full purchase price on all items sold to the same buyer must be paid within the time announced and before removal and/or shipment of any items.
     
  4. For all auctions or sales, including liquidations, UWMO-AUCTIONS.COM, at its sole discretion, require only bank drafts.
4. MANNER OF OFFERING: UWMO-AUCTIONS.COM reserves the right to group lots, make lots smaller, add to, delete from, sell similar consecutive lots in groupings and to remove from auction or sale any of the items listed. UWMO-AUCTIONS.COM, also reserves the right not to accept or acknowledge any bid, which is merely a fractional advance over the preceding bid.

5. SALES: All items in an auction will be offered to the highest bidder for cash in accordance with these Terms and Conditions of Sale. UWMO-AUCTIONS.COM may also offer and sell items without use of an auction upon these Terms and Conditions. However, notwithstanding anything herein to the contrary the Terms and Conditions are subject to change without notice at any time, including during an auction, by UWMO-AUCTIONS.COM. In addition, UWMO-AUCTIONS.COM reserves the right to change without notice at any time the UWMO-AUCTIONS.COM Web Site. It is the responsibility of bidders, other participants to regularly review these Terms and Conditions for changes or modifications. UWMO-AUCTIONS.COM shall serve as the auctioneer for all on-line auctions and sales. All items will be offered to the highest bidder in accordance with the bid process as established and modified from time to time by UWMO-AUCTIONS.COM. UWMO-AUCTIONS.COM reserves the right to sell on behalf of third parties or its own account. UWMO-AUCTIONS.COM reserves the right to revoke any bidder's privileges for any reason. UWMO-AUCTIONS.COM reserves the right to extend and/or change the On-Line Closing Time with respect to on-line auctions. All items will be offered subject to prior sale. Should any dispute arise between two or more bidders or parties, or as to any bid, the lot or item in question may, at the discretion of UWMO-AUCTIONS.COM be immediately put up again and re-sold. UWMO-AUCTIONS.COM shall regulate all matters relating to the conduct of the auction or sale and the decision of UWMO-AUCTIONS.COM shall be final and binding on all bidders. UWMO-AUCTIONS.COM reserves the right to refuse any unregistered bidder or party the privilege of bidding or participating in an auction or sale and may revoke such privilege at any time. With respect to registered bidders or parties, if UWMO-AUCTIONS.COM determines in its discretion that a bidder or party is disrupting or interfering with an auction or sale or is not participating for a legitimate business reason, UWMO-AUCTIONS.COM reserves the right to refuse such bidder or party the privilege of bidding and participating in the auction or sale and may discontinue service to such bidder. All sales are final, on a "as is, where is", "in place", "with all faults" basis with no conditions or warranties whether expressed, implied, statutory or otherwise, including without limitation, warranties or conditions as to title, description, fitness for purpose, quantity, quality, merchantability, state, condition, location or otherwise. No sale shall be invalidated by reason of and UWMO-AUCTIONS.COM, its affiliates, shareholders, directors, officers, employees or agents shall have no liability for mis-description of any article or lot whether contained in a catalog, advertisement or otherwise. Descriptions of items have been prepared for guide purposes only and shall not be relied upon by the bidder or buyer for accuracy or completeness. Each bidder and buyer shall be deemed to have relied entirely upon his or her own inspections, inquiries and/or investigations. Each bidder and buyer acknowledges and agrees that such bidder or buyer has had adequate opportunity to inspect, inquire and/or investigate all the items upon which such bidder or buyer is bidding or attempting to buy. Each of UWMO-AUCTIONS.COM the seller of an item, as the case may be, assume no liability for errors, omissions and/or the accuracy of an item's description and/or listing. By using the UWMO-AUCTIONS.COM Web Site, a person warrants to UWMO-AUCTIONS.COM that he or she is at least 21 years of age and possess the legal authority to use the UWMO-AUCTIONS.COM Web Site and participate in auctions on or linked to the UWMO-AUCTIONS.COM Web Site, including the purchase of items and other services (collectively the "Services") that are or may be listed on such site, in accordance with these Terms and Conditions. A person using the UWMO-AUCTIONS.COM Web Site further warrants that he or she has full legal authority to enter into binding agreements for the purchase of goods and services. In addition, such person agrees to be financially responsible for all of his or her use of the Services (as well as for the use of such person's account by others, including without limitation minors living with such person). A person using the UWMO-AUCTIONS.COM Web Site agrees to supervise and be responsible for all usage of minors of the Services under his or her name or account. Further, such person warrants that all the information supplied by him or her or members of their household in using the Services, including without limitation their name, street address, and telephone number, is true, correct and accurate. Failure to provide accurate information may subject such a person to civil or criminal penalties. A person using the Services understands and agrees that such person will be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the Services. UWMO-AUCTIONS.COM makes no claims and cannot determine whether an item can be legally purchased or sold within the jurisdiction of a bidder or buyer. As such, use of the Services is at such person's own risk and UWMO-AUCTIONS.COM disclaims any liability with regard to the Services and any actions resulting from such party's or any other party's participation in the Services.

6. NO UNLAWFUL OR PROHIBITED USE. By the use of the UWMO-AUCTIONS.COM Web Site, a bidder, buyer or other party (a "User") agrees that it shall not use such site for any purpose that is unlawful or prohibited by these Terms and Conditions. Each User agrees not to use the UWMO-AUCTIONS.COM Web Site in any manner that could damage, disable, overburden or impair the UWMO-AUCTIONS.COM Web Site or interfere with any other User's use and enjoyment of the UWMO-AUCTIONS.COM Web Site.

7. ADJUSTMENTS: Errors in estimates of item inventory will be adjusted, but no adjustment will be made after the items have been removed from their place of sale, handled by the buyer or after the removal dates as listed on the sale invoice and announced by UWMO-AUCTIONS.COM at the start of the sale, whether or not the item has been removed. All adjustments must be authenticated and approved by UWMO-AUCTIONS.COM. In no cases will any adjustments be made after the item(s) has been removed from the auction or sale premises or sent for delivery to a buyer.

8. RESPONSIBILITY FOR NON-DELIVERY: Each of UWMO-AUCTIONS.COM or the seller of an item shall not, in any event, be liable for non-delivery or for any other delivery matter, to any buyer of any item, other than for the return to the buyer of the deposit or sum paid for or in connection with such item, if any, that the buyer may be due.

9. LIABILITY AND INDEMNIFICATION: The risk of loss of any item passes to the buyer at the time the item is sold. The buyer will thereafter assume the risk of any damage, theft or any other loss with respect to the item. Buyers, bidders, participants and attendees acknowledge and understand that they are using the services provided by or through.

UWMO-AUCTIONS.COM at their own risk. Persons involved with the removal of items assume all risks of damage of or loss to person and property and specifically release and indemnify UWMO-AUCTIONS.COM and the auctioneer from liability therefore. The buyer shall defend and indemnify and hold UWMO-AUCTIONS.COM, the auctioneer and the seller of item(s) harmless from and against all claims and liabilities relating to the condition of, removal of, or use of the items purchased or failure of the buyer or a third party to follow instructions, warnings or recommendations of the manufacturer of an item, or to comply with federal, provincial and local laws applicable to such articles, including Environmental requirements or for consequential damages, costs or legal expenses arising therefrom. Further, the buyer assumes and agrees to indemnify, defend and hold harmless UWMO-AUCTIONS.COM and the seller of an item for any future claim(s) pertaining to the fitness, merchantability, and suitability for a particular purpose, or use of an item as purchased. Also, the buyer expressly waives any claim in respect to any possible future use of an item purchased for any purpose(s). UWMO-AUCTIONS.COM makes no representation or warranty that the UWMO-AUCTIONS.COM Web Site will be available on a timely basis, or will be uninterrupted or error free. In no event shall UWMO-AUCTIONS.COM be liable for any damages, including without limitation any direct, indirect, incidental, special or consequential damages, arising out of the use of or inability to use the UWMO-AUCTIONS.COM Web Site or any linked or associated pages.

10. SAFETY DEVICES: UWMO-AUCTIONS.COM and the auctioneer makes no representation or warranty whatsoever that the items sold comply with CSA standards, ANSI safety requirements, or any other industry or applicable safety standards. It is the buyer's responsibility that items purchased be equipped and safeguarded to meet any applicable safety standards before placing such items into operation. The buyer assumes all responsibility and shall indemnify UWMO-AUCTIONS.COM against any claims, actions or liabilities arising out of or relating to any failure of the items sold hereunder to comply with such standards.

11. RECORDS: The record of sale(s) kept by the UWMO-AUCTIONS.COM bookkeeper will be taken as final in the event of any dispute.

12. INDEPENDENT CONTRACTOR: UWMO-AUCTIONS.COM is acting as an independent contractor only and is not responsible for the acts of its principals or sellers.

13. REMOVAL: No item can be removed during the auction or sale without UWMO-AUCTIONS.COM approval. No item shall be removed unless paid for in full and all items purchased shall be removed as announced. The buyer shall be responsible for all costs of removal and shall be liable for any damages, including without limitation, any environmental laws and regulations and all requirements established by UWMO-AUCTIONS.COM for the removal of items including requirements as to the bonding and insuring of movers. Upon failure of a buyer to remove items within the time announced, UWMO-AUCTIONS.COM and the auctioneer shall have the option of removing and storing the items at the expense and risk of the buyer and not refunding any deposits in which case UWMO-AUCTIONS.COM may resell without notice at public sale or otherwise dispose of the items at risk and expense of the buyer. The buyer shall remain liable for loss, expense and damages arising from the buyers' non-payment or other default.

14. CONTRACT MOVERS: If the buyer wishes to hire or contract with a machinery mover, rigger or other type of outside contractor, UWMO-AUCTIONS.COM WILL NOT ALLOW them to work on any auction or sale premises unless they have placed with UWMO-AUCTIONS.COM a satisfactory certificate of insurance, as determined by UWMO-AUCTIONS.COM in its sole discretion, protecting UWMO-AUCTIONS.COM and seller(s) against any or all claims arising from personal injury and/or property damage created by their actions. This requirement is for such party's protection and not for the buyer's and therefore UWMO-AUCTIONS.COM suggest that prospective bidders and buyers review the insurance policies of mover(s) regarding the coverage that they have protecting the buyers and damage or loss of the items they may be moving for the buyers. UWMO-AUCTIONS.COM shall not, in any way, be responsible or liable for the actions or omissions or any mover or any similar third party retained or engaged by a buyer to move or deliver purchased item(s) and each buyer hereby releases UWMO-AUCTIONS.COM and its directors, officers, employees and agents from any and all such responsibility and/or liability and waives any claim against such parties in connection therewith.

15. RESERVE: UWMO-AUCTIONS.COM reserves the right to reject any and all bids or offers. On items upon which there is a reserve, UWMO-AUCTIONS.COM, consigners and/or any affiliated person or company, and/or their agents reserve the right to bid on behalf of the seller. UWMO-AUCTIONS.COM, consigners or any affiliated person or company reserves, and/or their agents, reserves the right to consign items to an auction or sale and to participate as a bidder or buyer. UWMO-AUCTIONS.COM, the auctioneer, consigners, employees, assignees and/or their agents may bid for their own account at any auction or sale and may have information not otherwise available to the public regarding reserves, values or other material facts relating to the items which are the subject of the auction or sale. When an item is sold to the book, it may be sold, passed, withdrawn, returned to the seller or bought or brought in.

16. MISCELLANEOUS. These Terms and Conditions and any disputes relating thereto or any dispute among UWMO-AUCTIONS.COM, a buyer, a bidder or User shall be governed by the laws of the Province of Ontario without giving any effect to any principles of conflicts of law. A buyer, bidder, User, participant at an auction or sale hereby (i) consents to the exclusive jurisdiction and venue of the Superior Court of Justice for the Province of Ontario and (ii) agrees that it will not institute legal actions against UWMO-AUCTIONS.COM or an auctioneer in any other court or administrative body, without the express written permission of UWMO-AUCTIONS.COM and that if this provision is violated by such party, then such party shall be liable for all legal fees and expenses incurred by UWMO-AUCTIONS.COM in removing the case to another court or administrative body. Use of the UWMO-AUCTIONS.COM Web Site is unauthorized in any jurisdiction that does not give effect to all the provisions of these Terms and Conditions. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimer and liability provisions, set forth herein, then the invalid and unenforceable provisions will be deemed superceded by a valid, enforceable provision that most closely matches the intent of the original provision and the remained of the Terms and Conditions shall continue in effect.
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