Terms and Conditions - BC AUCTION

Part 2 - BC AUCTION ONLINE AUCTION TERMS AND CONDITIONS OF USE

1. User Registration

Use of the Service is limited to persons who lawfully enter into and form contracts under the laws of British Columbia. Without limiting the generality of the foregoing, the Service is not available to persons under the age of 19 or to persons whose use of the Website has been terminated.

You are responsible for ensuring that your registration information is complete and accurate, and is kept current. You may not register or make bids under a false name or using false information. Any false, inaccurate or misleading information in your registration will be considered a breach of these Terms and Conditions.

You are responsible for keeping your chosen password secret. You are also responsible for all the activities which are undertaken using your registration information.

2. User Conduct

You are strictly prohibited from interfering with another user's transaction, placing bids or causing bids to be placed on any item for the purpose of artificially increasing the bid price of any item listed on the Website, otherwise manipulating the bidding process, or influencing user behavior on the Website.

3. Irrevocable Bids

Bids are not revocable. Once a bid is placed, it cannot be removed.

4. Proxy Bids

a) The Service includes a process called "Proxy Bidding", which you may elect to use when entering a bid. Proxy bidding is an automatic bidding system. When you place a proxy bid, you enter the maximum amount you would be willing to pay for the Good. Your maximum amount is kept confidential from other bidders and Asset Investment Recovery. The Service compares your bid to those of the other bidders and automatically places bids on your behalf based on the minimum bid increments specified for the Good, and using only as much of your bid as is necessary to maintain your high bid position. The Service will continue to automatically bid up to your maximum amount. If another bidder bids a dollar amount that is higher than your maximum amount, you will be outbid and notified via email. If no other bidder submits a higher bid than your maximum amount at the time of closing, the Goods will be sold to you.

b) Proxy Bids on auctions with a Reserve bid amount In the event your maximum proxy bid meets or exceeds the auction reserve amount, the reserve amount will be met immediately and bypass the increment process. Once the reserve price is met, the bidding will resume to the increment process.

5. Personal Information

Asset Investment Recovery collects the following personal information under section 26 (c) of the Freedom of Information and Protection of Privacy Act, which is necessary for the operation of the Service:

6. Copyright

The Province retains the copyright in the Website, its logos and design marks, and all documents made available to you through your use of the Service and the Website.

7. Reliance on Service

You should not rely on the Service as your exclusive method of learning about goods sold by the Province. For further information, please visit www.pss.gov.bc.ca/air/

8. No Warranties on Service

The Service is provided "as is" without warranty of any kind, including warranty of fitness for a particular purpose. The Province does not warrant the accuracy or the completeness of the Service, or that the Service will function without error, failure or interruption.

9. Limitation of Liability

No action may be brought by any person against the Province for any loss or damage of any kind caused by any reason or purpose including, without limitation, reliance on the functioning of Service.

10. Discontinuance of Service

The Province may discontinue the Service at any time without giving you notice.

11. Withdrawal of Registration

You may withdraw your registration as a user of the Service by sending a request via email to bcauction@gov.bc.ca

12. Remedies Available to Province

If you breach any of these Terms and Conditions, the Province, in its sole discretion, may take any steps that it determines are necessary in its sole discretion, including but not limited to a warning, removal of your bids, and termination of your use of the Service.

13. Purpose of Service

The Service is provided only for the purposes of viewing and bidding on goods offered on the Website and cannot be used for any other purpose.

Part 3 - BC AUCTION ONLINE AUCTION CONDITIONS OF SALE

1. Obligation to Complete Transaction

You are obligated to complete the transaction if you are the Purchaser of the Goods at the close of the Auction.

2. Condition of Goods

The Goods are offered for sale "as is". The description of the Goods is based on the information supplied to Asset Investment Recovery. However, Asset Investment Recovery makes no representations or warranties, expressed or implied, as to the quantity, kind, character, quality, weight, size or description of the Goods, or the condition, performance, merchantability or fitness for any use or purpose.
It is the Purchaser's responsibility to make all necessary inquiries regarding the Goods. The Purchaser is deemed to have relied entirely on the Purchaser's own inspection and evaluation.

3. Title and Ownership

Unless otherwise noted in these Conditions of Sale, title to and ownership of the Goods sold will transfer to the Purchaser as and when payment is received and the Goods are removed.

4. Agreement

This "Conditions of Sale" document, together with Asset Investment Recovery Online Auction Sales Receipt, constitute the entire agreement with respect to the Goods purchased between the Purchaser and Asset Investment Recovery. Time will be deemed to be of the essence in all respects.

5. Adjustments and Withdrawals

Asset Investment Recovery reserves the right to withdraw from sale any Goods which have not been removed by the Purchaser without incurring any liability except as provided in this paragraph. If, through withdrawal, loss or error, the Goods cannot be transferred to the Purchaser, Asset Investment Recovery's liability will be limited to a refund of the purchase price, or such portion as Asset Investment Recovery, in its sole discretion, determines to be equitable.

6. Payment

a) The Purchaser shall make all payments as set out in the Auction and in accordance with these Conditions of Sale. When a date of payment has not been specified within the description of the Goods as set out in the Auction, then payment shall be required within three (3) business days, as stated in the email notification be sent to a Purchaser on acceptance of the offer by Asset Investment Recovery and prior to any removal of any Goods. Payment shall be in the form of electronic payment using Visa, MasterCard, and American Express or as otherwise set out in the Auction. All payments must be in Canadian funds.

b) Payments over $9,999.99 are subject to payment in full by Bank Draft in Canadian funds, or as otherwise set out in auction details.

7. All sales will be subject to the Goods and Services Tax and Provincial Sales Tax as applicable at the time of the sale in accordance with the Excise Tax Act.

8. Failure to Remit Payment

If the Purchaser's offer is accepted by Asset Investment Recovery, and for whatever reason the Purchaser fails to remit payment in accordance with these Conditions of Sale, Asset Investment Recovery may cancel the sale, resell the Goods and the bidder: (a) forfeits the Goods and any money paid to Asset Investment Recovery; and (b) is responsible for any deficiency and all costs (including advertising, handling and storage) associated with re-selling the Goods. In addition, Asset Investment Recovery retains the right to remove the Purchaser's name from the bidders list and refuse any further bids on the Website from the Purchaser.

9. Removal

Unless otherwise provided in the description of the Goods in the Auction, the Purchaser, upon acceptance of the Purchaser's offer by Asset Investment Recovery will at Purchaser's expense, pack, load, and remove the Goods within five (5) business days after receiving notice that the Goods are ready for removal.

10. Failure to Remove

Should the Purchaser fail to remove the Goods in accordance with these Conditions of Sale, in addition to any other remedies, Asset Investment Recovery may cancel the sale, resell the Goods and the bidder: (a) forfeits the Goods and any money paid to Asset Investment Recovery; and (b) is responsible for any deficiency and all costs (including advertising, handling and storage) associated with re-selling the Goods. In addition, Asset Investment Recovery retains the right to remove the Purchaser's name from the bidders list and refuse any further bids on the Website from the Purchaser.

11. Identification

In order to pick up a BC Auction Online Auction item the Purchaser must present the Online Auction Sales Receipt along with:

One piece of Government issued ID that shows the Purchaser's picture, name, address and signature together (examples: Valid Driver's License, Passport); and

one of the following in the name of the Purchaser: Health Care Card, Credit Card, Debit Card, Employee ID Card, Social Insurance Number Card.

Please note, at time of pick up, the Purchaser may be asked to provide the credit card used to remit the online payment.

Where the results of an auction present as irregular, in the sole judgment of the Province, goods will not be shipped nor released until such time as the Purchaser provides identification and evidence of proper authorization to use the method of payment that was used to remit payment for the auction. In the event that the purchaser cannot provide evidence of identity or authorization, the auction will be nullified, and payment refunded by the same process in which payment was remitted.

Acceptable forms of identification are those pieces of identification that are issued under government authority, and show a picture, name, address and signature together.

12. Damage to Property

The Purchaser will be responsible for any damage to property resulting from the removal of the Goods sold.

13. Limitation of Liability

Asset Investment Recovery is not responsible for any claims, demands or actions of any nature that may be suffered by the Purchaser, the Purchaser 's employees, subcontractors or agents, in relation to the Goods including the sale, handling, removal, use, dismantling, decontamination or destruction of the Goods. The Purchaser agrees to hold harmless Asset Investment Recovery and its employees, subcontractors and agents for any and all claims, demands and actions, in relation to the Goods, for which the bidder is legally responsible, including those arising out of the negligence or willful harm of the Purchaser, the Purchaser's employees, subcontractors or agents.

14. Shipping

One of three shipping arrangements will be applicable to Goods purchased:

a) If Pre-arranged Shipping is available for the Goods the cost for shipping will be detailed in the listing for the Goods.

(b) Arranged Shipping is available for Goods where the cost cannot be determined until the destination of the Goods is known. You will be advised of the shipping costs prior to paying for the Goods and you can elect whether you want to have Asset Investment Recovery provide packaging and shipping or not when you checkout.

(c) Where No Shipping is available, packaging and shipping of the items and all associated costs are your responsibility. These Goods must be collected by you within 5 days of auction end.

15. Additional Conditions

Any additional conditions that apply to this sale will either be contained in the description of the Goods as set out in the Auction or may be appended to these Conditions of Sale as Appendix 'A'.