Auction Terms & Conditions Terms and Conditions of Sale
1. YOUR ACCEPTANCE OF THIS AGREEMENT
Please read these Terms & Conditions of Business (the 'terms') carefully. These terms apply to and govern your dealings with 888 Auctions Inc., including its employees, agents, officers and directors (collectively the 'Auction House' and/or 'us' and/or 'we'), whether in person, by proxy, through an agent, or through 888auctions.com (the 'website') or some other platform used to access the website, i.e. bid.888auctions.com. These terms apply, but are not limited, to consignors of goods, auction bidders (whether in person, by proxy, online or other), buyers, users of the website, in person in store customers and/or other parties to whom we enter into a commercial relationship in furtherance of our business. In entering into business with us, you agree that you understand these terms, have no objections hereto, and agree to be bound. These terms govern your transactions with us along with your use of our website and its contents, as well as any products and/or services transacted with us. These terms also govern your use or accessing of our website and its products and services, including but not limited to visiting, logging on to your account, browsing, adding a lot to your watch list, registering a bid, bidding, requesting e-flyers, ordering a catalogue, purchasing, or otherwise using the website (the "Services") you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent (and for purposes of this agreement, "person" includes any type of incorporated or unincorporated entity, including your employer), without limitation or qualification, to be bound by this agreement, and to comply with all applicable laws and regulations, and you represent and warrant that you have the legal authority to agree to and accept this agreement on behalf of yourself and any person (such as your employer) you purport to represent. If you do not agree with each provision of this agreement, or you are not authorized to agree to and accept this agreement, or you do not have the legal authority to agree to and accept this agreement, you may not use the website or enter into a transaction with us or through us, i.e. placing bids at auction, consigning goods to us, buying goods from us etc.
IDENTIFICATION: At the time of registration, we (888 Auctions Inc.) collect basic information about you to verify your identity. We also collect credit card information to process winning bids immediately upon auction close.
2. CHANGES TO THIS AGREEMENT
These Terms and Conditions are current as of the date of at the bottom of this agreement, but are subject to revision by us at any time, without notice. Each time you enter into a transaction with us, or use our web site, you should review the current terms of this agreement. For each transaction and/or visit to our web site, you agree to be bound by the terms and conditions then in force. You may not change, supplement, amend or assign your rights or responsibilities under this agreement in any manner. It is our express intent that any changes to this agreement be in writing, and evidenced by writing.
3. MISPRINTS AND ERRORS, PRICES AND PURCHASES
We endeavour to provide current and accurate information on the website and in our Catalogues. Nevertheless, misprints or other errors may occur. Accordingly, we reserve the right to change the prices, listed fees and charges at any time, without notice or liability to you or any other person. Also, we cannot guarantee that the Services advertised on the website will be available when a bid is submitted, or a lot is purchased, or at any relevant time. Accordingly, we reserve the right at any time to reject, correct, cancel or terminate any Services or other request. We reserve the right to refuse to accept any request for products and/or services, notwithstanding any course of dealing between the Auction House and you in the past.
4. BIDDING AT AUCTION AND PURCHASING AT RETAIL
In purchasing items, either at retail or at auction, you further agree to be bound by the following terms:
a) You are responsible for reading the full item listing, examining, inspecting, making arrangements for inspection or otherwise fully satisfying yourself as to the authenticity, condition and provenance, if any, of each lot upon which you place a bid, and acknowledge that you have not relied upon any representation made by us, our employees, officers, directors or agents.
b) You acknowledge that in placing a bid, you are extending an irrevocable offer to enter into a legally binding contract for purchase, and that a legally binding contract to purchase is formed when such bid is either the winning bid, or is otherwise accepted by us. You acknowledge that we are entitled to payment in full immediately upon acceptance, and that we may immediately submit the charges to your credit card if on file. Bids cannot be removed / retracted by you once submitted as each one is a legal commitment to buy the item at that price until it is outbid by another.
We recommend that BIDDERS PLACE MAXIMUM BIDS when bidding. You will only pay one minimum bid increment more than the next highest bid and only up to your maximum. The software system will play out the bids according to the bid increments and only uses the funds required to beat out the underbidder.
Review your bids at any time by clicking on your account and then ‘Current Bids’. If you wish to retract or cancel a bid, please contact the auction house. You further acknowledge that ALL SALES ARE FINAL WITH NO REFUND, NO EXCHANGE AND NO STORE CREDIT.
c) While the Auction House has endeavoured to catalogue and describe correctly each lot to be sold, such representations merely reflect our opinion, are cursory in nature, and as such, are not to be relied upon in making purchasing decisions. You acknowledge that errors may include, but are not limited to, the catalogue or contents therein, lot description or other descriptions of the physical condition, trueness of the photographic image used in the online lot description or catalogue, medium, importance, authorship, origin, age, size, attribution, genuineness, authenticity, provenance, exhibitors, literature or historical relevance of any lot or item contained therein, and as such, the Auction House shall not be liable for any such errors or omissions. Measurements on paintings are approximate only and are of image size. Further, the absence of description regarding an item or the failure to note a flaw or defect in an item does not imply that the lot is in perfect condition or free from defects, wear and tear, modification, alterations or other imperfections. Unless noted, all items have some amount of wear and tear, scratches, nicks, missing stitches or other imperfections, corresponding to their age and use. No statement made by us, whether written or oral, shall be deemed as a warranty, representation or condition. No sale will be set aside on account of any imperfection, regardless of whether noted. Each lot is sold "AS IS", "WHERE IS," "WITH ALL FAULTS" and "WITHOUT RECOURSE". Each and every lot is sold by us with all faults and defects and with all errors of description and is to be taken and paid for whether genuine and authentic or not and no compensation shall be paid regarding any imperfection, fault, damage or other defect. It is the responsibility of the buyer to determine the authenticity and condition (and to otherwise fully satisfy themselves) of each item prior to making a bid (or prior to purchase for those items listed by us for sale), and should the buyer lack the appropriate skills and knowledge, the buyer shall, at their expense engage an expert in determining authenticity, prior to purchase. No transaction shall be set aside on the basis that the buyer later determined any such item purchased to not be authentic, or have other fault or flaw, and all parties agree that each such sale shall have been intended by the parties to be for a "novelty or replica item," without regard to the description or image used, price actually paid or the market value of same (including the difference between the market value of the item as understood by the buyer, and the actual market value determined after proper inspection). Should the buyer place a bid or otherwise buy an item or lot without having satisfied themselves as to authenticity, condition or any other factor set forth in this subparagraph, the buyer shall be deemed to have intended to purchase a "novelty or replica item." In such case, the buyer agrees to waive any claim or defence alleging inadequate consideration. To be clear, the buyer assumes all risks relating to the authenticity and condition of items, along with the other factors set forth herein, and agrees to hold the Auction House harmless in regard to same.
The company makes no representation or warranty and accepts no liability whatsoever to the seller, the buyer, or any third party in respect of the availability or issuance of valid import and export permits or the existence or exercise of pre-emption or other rights to purchase by governmental or regulatory authorities anywhere.
All lots that do not carry established documented provenance nor any past record of auction history record are described in the catalog as attributed.
d) You expressly acknowledge that the contents of our website and/or catalogs and/or other promotional material, including, but not limited to lot descriptions, does not constitute advice or a recommendation. You expressly acknowledge that you have a responsibility to seek professional third party advice and recommendations before acting, at the risk of overpaying for a "novelty item" or otherwise not receiving the item you had thought you were bargaining for and purchasing. You expressly acknowledge that you have not acted, or omitted to act based on any information provided by us. As noted above, we list items as we understand them to be, based on our opinion and what we are told by the sellers of each item, and sometimes we are fooled or otherwise get it wrong.
e) All descriptions appearing on-line are subject to any variation announced by the auctioneer, on-line or otherwise, prior to the time of sale. No representation is made in respect to any copyrights available to any purchaser. All prospective purchasers shall have an opportunity to inspect all lots prior to the time of the auction and it is recommended that they do so. Purchasers assume all risks by failing to inspect and/or have items and/or lots properly authenticated prior to purchase. Nothing within this contract shall limit the purchaser's recourse against an expert retained by them to determine authenticity. We are an auction house and/or small collectibles store only, and are unable to, and do not, guarantee the authenticity of any items listed for sale, or the condition of same, whether at auction or retail.
f) Estimates of item value are merely that, and are intended to help prospective purchasers estimate what amount of money that might be required for the purchase of a particular lot. The lower estimate may represent the reserve price, and the price at auction will not be below that amount. Estimates do not include the Buyer's Premium. Estimates are subject to revision at any time, and are in no way definitive.
g) The auctioneer and 888 Auctions Inc. have the right to withdraw any item from bidding at any time, for any reason, and/or to divide any lot, or to combine any two or more lots, in their sole discretion. Likewise, the auctioneer and 888 Auctions Inc. have the right, at their discretion, and without penalty, to default or cancel any sale in the event of an error or dispute. The auctioneer has the right to refuse and/or reject any bid and to advance the bidding and set bidding increments, at his absolute discretion. The highest bidder accepted by the auctioneer shall be the purchaser. If any dispute should arise between bidders, or in the event of any doubt on the part of the auctioneer as to the validity of any bid, the auctioneer may, at his discretion, determine the successful bidder, or he may reoffer the lot, and in making this determination, the auctioneer shall have absolute discretion. The auctioneer will also have full discretion to reopen the bidding, cancel any sale and/or re-offer or resell the property. Should a dispute arise after the auction, our sale record is conclusive. Further, the purchaser acknowledges that invoices generated during the sale or shortly after may not be error free, and are subject to review to correct errors.
h) The purchaser will be the highest bidder for the lot accepted by the auctioneer and will thereupon pay the full purchase price, including the 18% buyer's premium and all applicable taxes.
i) Each lot sold at auction is subject to a buyer's premium of 18% on top of the purchase and/or hammer price, payable by the purchaser, and shall form a lien and first security interest on any such item purchased.
j) The purchaser shall, at the time of opening an on-line account and at the time of registering and placing a bid, make available to us, the name, address and telephone number of the purchaser and make payment as aforesaid. Also, if the required payment is not complied with, we may assert a lien and first security interest on any works purchased by the purchaser and any funds owing by us to the consignor and in addition to all other remedies we may have. In our sole discretion, we may resell any of the lots affected without notice to the original purchaser and in such case the original purchaser shall be responsible to us and the consignor for: (a) any deficiency in price between the resale amount and the amount that should have been paid by the original purchaser, (b) reasonable charges for storage, (c) any excess commission which would have been earned by us had the original sale been completed in full, and (d) such additional fees and charges as may be reasonably incurred by us.
k) Risk of damage/loss is conveyed immediately after retail sale or upon receipt of payment (including waiting for a cashier's cheque to clear) after a successful bid at auction, as the case may be, and buyers are encouraged to immediately (after payment) remove such items from the premises and/or to secure their own insurance on same. While we will try to handle and store items left at our facility after sale, we disclaim all liability for loss or damage to those items, from all causes, including specifically our own negligence, or the negligence of those for whom we are at law responsible. If shipping is necessary, buyer shall make all arrangements for shipping, and pay all associated charges. Buyer is solely responsible for purchasing insurance on each item purchased.
l) Each lot offered for sale may be subject to an unpublished reserve in consultation between the consignor and us. The auctioneer may bid on behalf of the consignor. We also, as a service, may provide absentee order bids for purchasers who cannot participate in the on-line auction. We shall attempt to execute the absentee bid at the lowest possible price taking into account the reserve price and other bids. If identical bids are left by two or more parties, the first bid received by us will take priority. We shall not be responsible for errors or failures to execute such bids.
m) We reserve the right to refuse admission to our premises, any preview, on-line auction or to accept any bids from any particular person or persons at any on-line auction in our sole discretion.
o) Bidding is in Canadian or US dollars, as indicated.
p) Timed internet bidding is available during the auction. 888 Auctions cannot be held liable for internet bids that are not sent, received, or executed by the platform. If you are bidding on-line, please bid quickly because there is a time delay in receiving these bids, and if problems are experienced, we may not receive your bid at all. The timed auction features a soft close feature. Our soft close feature ensures bidding is fair for all. In the closing moments of an auction, if a bid is placed during the last 2 minutes on an item, it will extend the bidding for that item for an additional two minutes. This is similar to a live auction during which the bidding will continue as long as bidders increase the bid amounts
BILLING/INVOICING: REGISTRATION IS FREE with NO CREDIT CARD CHARGED UNLESS YOU WIN. A verification for $1.00 is done to validate the credit card(s) on file. If you are the winner on an item(s) after an auction closes, we charge the credit card the high bid price plus an 18% BUYER’s PREMIUM and applicable retail sales taxes on top. Invoices for the winning bidders will be sent to the buyer’s email after the end of the sale.
6. NON-PAYMENT & FAILURE TO COLLECT LOT(S)
Where the purchaser fails to make payment in full, or to collect their lots as required once full payment has been received, the Auction House, in its absolute discretion, may elect one or more of the following remedies without providing further notice to the purchaser and without prejudice to any other rights or remedies the Auction House may have:
i) To issue judicial proceedings against the Buyer for damages for breach of contract together with the costs of such proceedings on a full indemnity basis;
ii) To rescind the sale of that or any other Lot(s) sold to the Buyer;
iii) To charge the full purchase price against any credit cards then on file for the purchaser, without the need for any signatures;
iv) To resell the Lot or cause it to be resold by public or private sale, or by way of live or online auction, with any deficiency to be claimed from the Buyer and any surplus, after Expenses, to be delivered to the purchaser. By way of liquidated damages, in any subsequent sale, the Auction House will again be entitled to both a seller's commission and a buyer's premium, calculated in each instance based upon the greater of the sales prices from the various auctions;
v) To store the Lot on the premises of the Auction House or third party storage facilities with Expenses accruing to the account of the purchaser, and to release the Lot to the purchaser only after payment of the Purchase Price and Expenses to the Auction House;
vi) To charge compound interest on the Purchase Price (which includes the buyer's premium and HST if applicable), at the annual rate of fifty-nine
(59) percent, or otherwise at the maximum rate allowable by law;
vii) To retain that or any other Lot sold to, or placed for sale by, the purchaser at the same or any other auction and release the same only after payment of the aggregate outstanding Purchase Price;
viii) To apply any Proceeds of Sale of any Lot then due or at any time thereafter becoming due to the purchaser towards settlement of the Purchase Price, and the Auction House shall be entitled to a lien on any other property of the purchaser which is in the Auction House's possession for any purpose;
ix) To apply any payments made by the purchaser to the Auction House towards any sums owing from the purchaser to the Auction House without regard to any directions received from the purchaser or his agent, whether express or implied; and
x) In the absolute discretion of the Auction House, to refuse or revoke the Buyer's registration in any future auctions held by the Auction House.
xi) To transfer the putative purchasers' account for collections, for which purchaser further agrees to such additional charges as imposed by the collections agency and all reasonable charges incurred in a collections action, again, on a full indemnity basis.
WE DO NOT SHIP. DO NOT BID IF YOU CANNOT ATTEND (or arrange for) PICKUP AT THE PUBLISHED PICKUP DATE/TIME/LOCATION. Items not picked up will be considered abandoned without refund and your bidding privileges may be revoked. WE DO NOT SUPPLY tools, packing material or assist with moving your purchases. PLEASE BRING HELP to move large items. You are responsible for DAMAGE TO PROPERTY caused directly by you or your help with the repair costs being charged to your credit card. DO NOT BRING YOUNG CHILDREN to the pickup as the movement of household items presents an extremely high risk environment that could result in injury or death. All buyers must be prepared to show photo ID, the invoice, and the credit card used on file before items will be released.
All items sold through 888 Auctions is sold in AS IS WHERE IS condition. ALL SALES ARE FINAL WITH NO REFUND, NO EXCHANGE, and NO CREDIT. It is the bidder’s responsibility to determine the exact condition/authenticity of each item. No statement in this catalogue or by representatives of 888 Auctions shall be considered as a warranty or assumption of liability. Written and oral descriptions given by 888 Auctions staff members are given as a courtesy to a client, are only an opinion, and should not be considered as a guarantee of age, composition, or authenticity. 888 Auctions does not make any express or implied warranty as to the authenticity, history or artist. No statement in this catalog or elsewhere, orally or in writing, shall be construed as an express or implied warranty, representation or assumption of liability as to authenticity. Any such warranty is waived. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear and tear or imperfections. Unless noted all items have some amount of acceptable wear, scratches, nicks, missing stitches, etc. for their age. Measurements on paintings and pictures are image size. Estimates are of market value and are designed to help buyers gauge what sort of sum might be involved for the purchase of a particular lot. The lower estimate may represent the reserve price and certainly will not be below it. Estimates do not include the Buyer’s Premium. Estimates are prepared some time before the sale and may be altered by announcement before the sale. They are in no sense definitive.
9. CONDITIONS OF ARTICLES SOLD
All items are sold “AS IS, WHERE IS.” We do not guarantee the safety or regulatory compliance of any items, which may include infant and child products. UNLESS authentication is provided, all items are sold without a Certificate Of Authenticity. Buyer beware.
You understand that being at the Seller's property at any time other than the preview and pickup times constitutes trespassing. Furthermore, you understand that the SELLER IS NOT TO BE CONTACTED (directly including by phone/email/etc or indirectly). Anyone found trespassing will have their bidding privileges immediately revoked and may be subject to investigation by the authorities.
11. COMMUNITY STANDARDS
888 Auctions strives to provide our clients and employees with a safe, supportive marketplace and workspace. As such, any abusive or threatening statements or behavior, or other actions deemed inconsistent with these Community Standards in the sole discretion of 888 Auctions Inc. may result in revocation of bidding privileges and closure of accounts of those responsible without notice. It is our community standard that everyone be treated with courtesy and respect.
RISK TO PERSON AND PROPERTY: BY REGISTERING AS A BUYER, YOU AGREE THAT NEITHER WE (NOR THE SELLER) ARE LIABLE TO YOU FOR ANY DAMAGE TO THE ITEMS YOU PURCHASED, YOUR OTHER PERSONAL PROPERTY, OR FOR INJURY OR DEATH. Please take care of yourself and your items as you have released us (and the Seller) from liability.
12. WEBSITE USE AND ACCESS
The Web Site may be used only by persons who have reached the age of majority or legal age in their jurisdiction and who can form legally binding contracts under applicable law. The Web Site may not be used by persons in jurisdictions where access to or use of the Web Site or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Web Site is lawful, and you must comply with all applicable laws.
We may, in our sole discretion, change, suspend or terminate, temporarily or permanently, our website, the services provided or any part of it or any feature at any time, for any reason, and without notice or liability to you or any other person. Likewise, at any time, we may, for any reason, with or without cause, in our sole discretion, immediately suspend or terminate (in whole or in part) your permission to use our website, the services, your login name and password, all without any notice or liability to you or to any other person.
13. WEBSITE - LIMITATIONS
While we hope to make the use of our website an enjoyable experience, and an effective way to purchase the products and/or services offered by us, we are unable to offer assurances that it will work properly, at all, or as intended, and are therefore unable to accept any liability for your use of our website, or inability to use same.
14. LOGIN AND PASSWORD
Website accounts may be accessed only by use of a unique login/username and password, but we retain access to all information contained within your account. Your login/username and password may not be shared by you. You (or your employer, if you use the Website on behalf of your employer) are solely responsible and liable for any use and misuse of your login/username and password and for all activities that occur under your login/username and password. You must ensure that all uses of your login name and password comply with this agreement.
You must immediately notify us of any unauthorized use of your login/username or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.
All login/usernames and passwords remain our property, and may be cancelled or suspended at any time by us without any notice or liability to you or any other person. We are not under any obligation to verify the actual identity or authority of the user of any login name or password. THE SECURITY AND PRIVACY PROVIDED BY PASSWORDS IS NOT COMPLETE, AND CAN BE CIRCUMVENTED. YOUR USE OF PASSWORDS AS WELL AS OUR WEBSITE IS AT YOUR OWN RISK.
15. INFORMATION SUBMISSIONS
All information you provide through the website, including registration information (name and email address), personal information, payment information (credit card numbers and expiration dates), and transaction-related or bid-related information, must be true, accurate, current and complete. You must also provide us with updated registration information within 30 days of any changes. We will rely upon the information you provide to us.
You will be solely responsible and liable for any and all loss, damage, and additional costs that we, you or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information, bidding information and payment information within 30 days of any change. We may require a copy of a government-issued form of identification before making any changes to your registration information.
16. PERSONAL INFORMATION POLICY
17. OWNERSHIP AND PERMITTED USE OF THE WEBSITE
The website and all information (in text, graphical, video and audio forms), images, icons, software, design, applications and other elements available on or through the website is the property of the Auction House, its Providers and others, and is protected by Canadian and international copyright, trade-mark, and other laws. Your use of the website does not transfer to you or any other person any ownership or other rights in the website or its content. You may only use the website in the manner described specifically in this agreement.
The website may not be used for any purpose not expressly permitted by this agreement. In particular, except as expressly stated otherwise in this agreement, the website may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent of the Auction House. You may not use any of the software that is used in the operation of the website except in the course of using the website. You may not reproduce, copy, duplicate, sell, or resell any part of the website (including the software used in the operation of the website) or access to the website. The website is made available to you for your lawful use only. You may access and browse the website using commercially available, SSL-capable web browser software. You may print or download the pages of the website for your personal use provided that you do not modify any of the website pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers.
18. TRADE-MARK INFORMATION
888 Auctions Inc. and the 888 Auctions logo are registered and/or unregistered trade-marks and trade names owned by 888 Auctions Inc. Other product and company names and logos appearing on the Web Site may be registered or unregistered trade-names, trade-marks and service-marks of their respective owners.
Any use of the trade-names, trade-marks, service-marks and logos (collectively "Marks") displayed on the Web Site, except as expressly provided in this agreement, is strictly prohibited. Nothing appearing on the Web Site or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Marks displayed on the Web Site.
19. OTHER SITES
The website may include links to other websites or resources and businesses operated by other persons ("Other Sites"). Other Sites are independent from the Auction House, and we have no responsibility or liability for or control over Other Sites, their businesses, goods, Services, or content. Links to Other Sites are provided solely for your convenience. We do not sponsor or endorse any Other Sites or their content or the Services available through those other websites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you shall not make any claim against us arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites. All terms of this agreement which serve, in any way, to limit the liability of 888 Auctions Inc. shall apply, with all necessary modifications, to your access to and use of any Other Sites and their business, goods, Services, and content.
20. LINKING AND FRAMING THE WEBSITE
Linking to the website without our express written permission is strictly prohibited. To request permission to link to the website, please contact us through the contact information provided on our website. We reserve the right to cancel and revoke any permission we may give to link to the website at any time, for any reason, without any notice, and without any liability to you or any other person. The framing of the website or any of its content in any form and by any method is strictly prohibited.
21. POSTINGS AND UNSOLICITED SUBMISSIONS
You may not modify the website or post comments, communications, or any other data of any kind to or on the website with the intention that such postings may be viewed by other users of the website.
We do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names. The purpose of this policy is to avoid potential misunderstandings or disputes. Accordingly, please do not send any unsolicited ideas, suggestions or other materials ("Submissions") to us or the website. However, if you do send Submissions to us or the website, you automatically grant (or warrant that the owner of the Submissions grants) to us and our assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of us or our assigns, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of us and its assigns
22. DISCLAIMER OF ANY WARRANTIES
As any purchaser had the opportunity to fully inspect each lot prior to purchase, and willingly purchased each lot and/or item "AS IS", "WHERE IS," "WITH ALL FAULTS", "WITHOUT RECOURSE" and without the possibility of a refund, purchaser has expressly waived all warranties against the auction house and/or consignor, whether EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE TO THE FULLEST EXTENT PERMITTED
BY LAW. The entire risk from entering into the transaction rests with purchaser. 888 Auctions Inc. disclaims ANY AND ALL OTHER WARRANTIES including, but not limited to, any guarantees as to age, period, history or historical significance, authenticity, composition, artist/sculptor/creator and/or provenance. No statement in this catalogue or elsewhere, orally or in writing, shall be construed as an express or implied warranty, representation or assumption of liability as to authenticity. Any such warranties are waived.
23. GENERAL LIMITATION OF LIABILITY AND LIABILITY EXCLUSIONS, RELEASE AND INDEMNITY PROVISIONS
a) YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR USEFULNESS, ALL OF WHICH WE AND OUR INTERNET PROVIDERS HEREBY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW.
b) YOU (AND NOT US OR OUR PROVIDERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO ANY COMPUTER OR OTHER EQUIPMENT ARISING FROM, CONNECTED WITH, OR RELATING TO YOUR USE OF THE WEBSITE.
c) THE OPERATION OF THE WEBSITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND OUR' CONTROL. THE OPERATION OF THE WEBSITE MAY NOT BE CONTINUOUS OR UNINTERRUPTED OR SECURE. SECURITY AND PRIVACY AND CONFIDENTIALITY RISKS CANNOT BE ELIMINATED.
d) WE ARE UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF USERS OF THE WEBSITE. HOWEVER, YOU AGREE NOT TO SHARE YOUR LOGIN NAME OR PASSWORD NOR TO ALLOW ANYONE TO USE THE WEB SITE POSING AS YOU.
e) THROUGH OR BECAUSE OF YOUR USE OF THE WEBSITE, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER PERSONS, INCLUDING BUT NOT LIMITED TO THOSE WHERE WE ACT AS AN AGENT TO A CONSIGNOR IN THE COURSE OF AN AUCTION. ALL SUCH TRANSACTIONS ARE AT YOUR OWN RISK. WE ARE NOT A PARTY TO ANY SUCH TRANSACTIONS AND DISCLAIM ANY AND ALL LIABILITY REGARDING ALL SUCH TRANSACTIONS.
f) FURTHER, WE MAKE NO REPRESENTATION, WARRANTY OR ASSURANCE THAT:
i) OUR WEBSITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE;
ii) THE WEB SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED;
iii) THE INFORMATION AVAILABLE ON OR THROUGH THE WEB SITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY;
iv) PARTICULAR RESULTS OR ANY RESULTS AT ALL MAY BE OBTAINED THROUGH THE USE OF THE WEB SITE;
v) THE USE OF THE WEB SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR
vi) THE USE OF THE WEBSITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON;
AS SUCH, ON OUR OWN BEHALF, AND ON BEHALF OF OUR PROVIDERS, WE DISCLAIM ANY AND ALL LIABILITY REGARDING SUCH MATTERS, INCLUDING WHERE RESULTING FROM OUR OWN NEGLIGENCE, TO THE FULLEST EXTENT PERMITTED BY LAW.
g) NEITHER WE, NOR OUR PROVIDERS, WILL, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THESE TERMS AND/OR THE USE OF THE WEB SITE BY YOU OR ANY OTHER PERSON OR THE SERVICES PROVIDED THROUGH THE WEBSITE, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY US OR ANY OF OUR PROVIDERS OR ANY PERSON FOR WHOM WE OR ANY OF OUR PROVIDERS ARE RESPONSIBLE, AND NOTWITHSTANDING THAT WE OR OUR PROVIDERS MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON.
h) WHILE IT IS THE INTENTION OF THE PARTIES THAT THE PURCHASERS, BIDDERS AND CONSIGNORS, AS THE CASE MAY BE, BEAR THE WHOLE RISK OF ANY LOSS ASSOCIATED WITH ANY TRANSACTION, AND THAT OUR PRICES AND FEES HAVE BEEN CALCULATED ACCORDINGLY TO REFLECT SUCH ALLOCATION OF RISK, IN THE EVENT THAT A COURT DECLINES TO ENFORCE THOSE PROVISIONS, IN NO EVENT WILL OUR TOTAL LIABILITY, OR THE LIABILITY OF OUR PROVIDER, OR ANY OTHER PERSON FOR WHOM WE ARE AT LAW RESPONSIBLE, FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY US OR ANY PERSON FOR WHOM WE ARE AT LAW RESPONSIBLE, EXCEED THE LESSER OF
i) THE AMOUNT YOU PAID TO US FOR THE PURCHASE AND/OR USE OF SERVICES VIA THE WEB SITE; or
ii) THE AMOUNT WE ACTUALLY RECEIVED AND GOT TO KEEP (i.e. Buyer's Premium plus Seller's Commission) AS A RESULT OF THE TRANSACTION;
iii) ONE THOUSAND ($1,000.00) DOLLARS.
i) YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE EACH OF US, OUR PROVIDERS AND ALL OF OUR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEB SITE OR THE SERVICES.
j) YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF US, OUR PROVIDERS AND ALL OF OUR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY, THE "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, THESE TERMS, OR CONNECTED WITH YOUR USE OF THE WEB SITE, THE USE OF THE WEB SITE BY SOMEONE POSING AS YOU, YOUR USE OF THE SERVICES, OR YOUR BREACH OF THIS AGREEMENT. YOU WILL ASSIST AND CO-OPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENCE OF ANY SUCH CLAIM OR DEMAND. YOU FURTHER AGREE TO INDEMNIFY US AND OUR PROVIDERS FROM ALL SUITS, DAMAGES, COSTS AND LIABILITIES WHATSOEVER ARISING FROM ANY TRANSACTIONS IN WHICH YOU ENGAGE USING PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE WEBSITE.
k) ADVICE AND INFORMATION PROVIDED BY US OR OUR REPRESENTATIVES, WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY OR CONDITION OR VARY OR AMEND THIS AGREEMENT, INCLUDING THE ABOVE DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY PROVISIONS, AND YOU MAY NOT RELY UPON ANY SUCH ADVICE OR INFORMATION. ANY SUCH ADVICE AND INFORMATION SO PROVIDED SHALL BE DEEMED TO HAVE MERGED INTO THIS AGREEMENT, WITH THE TERMS OF THIS WRITTEN AGREEMENT CONTROLLING.
24. GOVERNING LAW AND FORUM
This agreement, your use of our website and the products and/or services provided by us, and any claims arising out of or relating to this Agreement and its subject matter shall be governed by and construed under the laws of the Province of Ontario, without reference to its conflicts of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Canadian law, rules, and regulations, Canadian law, rules, and regulations shall prevail and govern. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. The Uniform Computer Information Transactions Act as enacted shall not apply. All matters arising hereunder shall be deemed to have occurred solely in Toronto, Canada, and the Courts of Toronto shall form the exclusive forum, and have exclusive jurisdiction, to resolve any disputes between the parties. In any dispute, the parties waive their rights to demand, and no attendance money need be paid, in regard to examinations or other steps in any proceedings, all of which shall occur in Toronto, Ontario, Canada. In any action brought in Toronto, the parties expressly waive their rights, and no party shall raise the issues of lack of jurisdiction of forum non conveniens.
i) Severability. It is the intent of the parties that in case any one or more of the provisions contained in this Agreement shall be held to be unlawful, void, invalid or unenforceable in any respect, such invalidity or unenforceability shall not affect the other provisions of this Agreement, and this Agreement shall be construed as if such invalid or unenforceable provision had never been contained herein. In such an event, it is the intent of the parties that the fewest words possible be stricken so that the remainder of this agreement may be upheld and the intent of the parties effectuated as set forth herein.
ii) The provisions of this agreement will inure to the benefit of and be binding upon each of the parties, our providers, and all respective successors and assigns and related persons and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. We may assign our rights and obligations under this agreement without your consent, as we see fit.
iii) No waiver, express or implied, by either party of any breach of or default under this agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
iv) The Auction House and you are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this agreement or your use of the website.
v) The parties have expressly requested and required that this agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui s'y rapportent soient rediges en anglais.
vi) Any rights not expressly granted by this agreement are reserved to 888 Auctions Inc.
vii) Section Headings & Contract Interpretation. Section headings, including paragraph headings and sub-paragraph headings are descriptive only, and shall not be used to limit the terms of this agreement or the described intent of same. In the event the Court is required to resort to the rules of construction, the parties request that the Court take a purpositive approach, guided by the parties' stated intent to, to the fullest extent possible, exculpate 888 Auctions Inc. from any and all liability, including any liability arising from its own negligence, and hold 888 Auctions Inc. harmless from any and all claims, and that 888 Auctions Inc. be fully indemnified from same, recognizing that the Auction House deals with a high volume of relatively low priced merchandise, and that it's prices reflect the fact that all duties of inspection and due diligence are willingly borne by the bidders, purchasers and/or consignors, which is reflected in the prices paid and/or fees charged. Further, the doctrine that documents be construed against their drafter shall not apply.
viii) Wherever necessary to effectuate the stated intent of the parties to this agreement, summarized in the Section Headings & Contract Interpretation subparagraph above, words used in the singular include the plural and vice versa, and the neuter gender includes the masculine and the feminine.
ix) All provisions of this agreement that may limit the liability of 888 Auctions Inc., and/or those that limit warranties and/or those that require 888 Auctions Inc. be indemnified shall survive any party's termination of this agreement. Likewise, any provisions related to the collection of unpaid accounts shall survive.
x) In any legal proceedings, the Auction House shall be entitled to recover its legal fees on a full indemnity basis.
xi) As may be used in this document, "and" is conjunctive (meaning, e.g., A and B); and "or" is disjunctive and inclusive (meaning, e.g., A or B, or both A & B). The term "and/or" shall be construed likewise.
Seller User Terms
Bidder User Terms