Terms and Conditions

Thank you for taking the time to actually read these terms and conditions. The use of this web site is a privilege and honestly, these terms and conditions have been written to protect the web site owners and their consignors.

BC Surplus and its consignors reserve the right to modify, add, adjust and change these terms and conditions without notice. Members, customers and clients that are using this web site should frequently read and inspect these terms and conditions. Use of this web site is conditional upon acceptance of these terms and conditions.

This web-site is intended to be a friendly, enjoyable and useful experience, but as with anything concerning any kind of retail or commercial transactions, there are risks involved and we strongly advise you to understand all of these terms before using this website.

Membership:
Membership and users of this web-site is only available to those who can form a legally binding contract. This web-site does not permit minors (under 18) to register without written consent of their legal guardian. If any user completes the registration form and provides an incorrect birth date, then the account of that user will be immediately terminated and that user will possibly face a permanent ban and/or financial penalty payable to the website, its owners or the consignors. Any registered user that allows underage participation on this web-site shall be held responsible and liable for any purchases made by the person using their registration information and login credentials. We HIGHLY recommend keeping your login information secret.

Payment and Removal of Items
(i) All items MUST be paid in full within five (5) business days of auction end.
(ii) All items MUST be removed within seven (7) days of auction end or five (5) business days.
NOTE: Some auction events will have specified removal dates and times LESS than what is indicated - please read each lot description
(iii) Penalties may apply if these terms are not met or adhered to. Penalties shall be determined by the website, auction company or consignment manager and may include forfeiture of all purchases and removal of bidding privileges.
(iv) Extensions to these deadlines can only be attained in writing. All written communication must be done using the contact us feature of the website or by email.
(v) A buyers fee of 15% (fifteen percent) applies to all items purchased on this website.

1. The highest bidder shall be the purchaser unless the final bid amount does not meet the auction reserve. Items may or may not have reserves listed or posted.

2. No bidder shall retract his bid and all sales are final.

3. All buyers must register in order to participate in the auction.

4. Any dispute arising as to any bidding shall have the resolution determined ONLY by the agent of the selling party (BC Surplus; All City Auctioneers Ltd; Others) at their sole discretion and, at their sole discretion, the item under dispute could be; entirely removed from the sale; made available to be purchased again; made available for additional bidding only between the parties involved in the dispute. The auctioneer’s decision shall be final.

5. Items become the responsibility of the buyer immediately upon award of the bid. It shall be the responsibility of the buyer to insure his purchases immediately against loss or damage.

6. All sales are final and all items are sold on an “As-Is, Where-is, No Guarantee” basis, with no express of implied warranty as to the fitness for any specific use. All items should be considered previously used and the bidders shall take into consideration that all items might require maintenance and repairs prior to their intended use.

7. All applicable sales or excise taxes will be added to the purchase price of all taxable items unless the buyer files with the auctioneer at the auctioneer’s office proof of exemption from any/all such taxes in a form satisfactory to the auctioneer. The purchase price of an item will be calculated to include the buyer’s fees that are to be charged at the time of the sale.

8. It is the bidder/buyer’s responsibility to inspect all items included within all auction lots to ensure their condition, usability, defects and if they are suitable for their original manufactured use.

9. No sale shall be invalidated by reason of any defect or inaccuracy in any of the lots by reason of their being incorrectly described in the catalogue or lot listing. No liability shall be borne by the online auction site, the auctioneer, its selling agents and its consignors in respect to any such faults or errors. All lists, catalogues and lot descriptions have been prepared only for use as a guide and in order to ensure accuracy, buyers should inspect all items.

10. In case of inability to deliver any lot because of fire, or any other reason whatsoever, the liability of the auctioneer, Auction Company and its consignors shall be limited only to the selling price of the item at the auction at which it was just sold. No other liability can be assigned or assumed by the auctioneer or the auction company.

11. All auction items must be paid in full prior to removal.

12. All items must be removed within the stated time frame for the auction. If an item is not removed within the allotted time, the buyer shall be liable to pay all trucking, storage and handling costs in order to have those items removed. These additional charges must be paid prior to taking possession of the items. Interest charges shall apply. These charges shall also include additional charges for processing and handling.

13. Payment for auction purchases shall be made in cash, bank draft, certified cheque or interac debit. Arrangements can be made for wire transfer and Interac eTransfer.

14. Payments made using Visa and Mastercard will be subject to a 3% handling charge.

15. Rights To Suspend or Terminate.

You agree that this web-site, in its own discretion, may terminate any listing, user account or the actual use of the service immediately and without notice if

(a) We believe that you are not abiding by the general rules of this web-site

(b) You have repeatedly broken any of the posted terms and conditions

16. By using this web site, you also agree that:

(a) You are solely responsible for all actions that happen within your user account.

(b) You are required to change the password on your user account frequently in order to maintain site integrity and the security of your user account

(c) You must operate within the laws of British Columbia or Canada and abide by all regulations, including these terms and conditions.

(d) You must NOT transmit through this website or service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material.

(e) You must also not transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation.

17. Item ownership shall be immediately forfeited if any of the sale terms have not been met, at the discretion of the auction company, website or consignor. Notice of forfeiture to the buyer or user is NOT required by the auction company , website or consignor.

18. General Terms.

This site acts as the window for sellers to post listings and for buyers to bid/purchase on sellers' listings. BC Surplus and this website are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items listed or the accuracy of the listing descriptions. This website has no control over the ability of sellers to sell items or the ability of buyers to buy items. We cannot and do not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchase of items they have bid on/purchased.

19. NOTE to ALL USERS.
The web site operator, owner and consignor reserve the right to share a users private information should that user not abide by the terms and conditions of sale. This information may be shared either privately or publically; through social media, with other auction companies and online auction sites or credit reporting agencies. The decision to share private information shall be at the sole discretion of the website, its' owners or consignors and the user shall be provided written notice at least 24 (twenty four) hours in advance in order to allow the user to rectify and correct the situation with their user account - allowing them to abide by the terms and conditions as outlined above.

This Web-site shall not be responsible for any items sold through it or for any damage to items during transit, nor for misrepresentations and/or breaches of contract by either buyer and/or seller. This web-site shall not be responsible for the cost of procurement of substitute goods or any losses resulting from any goods purchased or obtained. This web-site assumes no liability for the content of the listings.

If you are not willing to accept these terms and conditions, then DO NOT PARTICIPATE.

Laws.
These Terms of Service shall be governed by and constructed in accordance with the laws of British Columbia and Canada. Disputes that arise from the use of this website must be decided only by the Courts of British Columbia based on the Terms and Conditions as listed or posted above.