Prairie Auction Services - Auction and Website Terms and Conditions
These terms and conditions govern the provision of Services by PRAIRIE AUCTION SERVICES and use of the Site. When you register for Services (as a Participant or otherwise) or access and use the Site, you accept and agree to be bound by these terms. All Services offered by PRAIRIE AUCTION SERVICES (on the Site or otherwise) are subject to any other conditions which apply to that Service, and unless those terms conflict with these terms, they will be incorporated into and will form part of these terms. Capitalized terms have the meaning set out in clause 23.
Summary
1. Where applicable the items posted on the Prairie Auction Services auction site may have been ‘Seized’ under the issuance of a ‘Warrant’ and instructions of a creditor. As such, many items may be listed for sale but may be subject to redemption by the debtor. If within the redemption period, the debtor successfully redeems the item, it will be removed from the site and Bidders who have placed a bid on said item, will no longer be eligible to purchase that item. If at the end of the redemption period, the item has not been redeemed, the sale will continue to the highest bidder providing the purchase price meets the approval of the instructing creditor. Prairie Auction Services conducts the online auction(s) in accordance with the Civil Enforcement Act of Alberta on all seized assets.
2. Terms of the sale are cash, certified cheque, bank draft, Visa, MasterCard. A 10% Non-Refundable Deposit is payable immediately upon notification that you have 'Won the Auction’ through the traditional online bidding process. The outstanding balance including applicable Taxes and Buyers Fee is due within 3 days of the conclusion of the auction. In the event that you win the auction via the ’Buy It Now' option, payment including taxes and applicable fees are due immediately. Listing prices are exclusive of the BUYERS FEE and GST.
3. All items are sold as-is, where-is, and lie at the purchaser's risk immediately.
PRAIRIE AUCTION SERVICES strongly recommends that the purchaser procures sufficient insurance for the item immediately after being notified that the bid has been successful. PRAIRIE AUCTION SERVICES assumes no risk or liability for any items that have been purchased through the use of this site or otherwise. PRAIRIE AUCTION SERVICES encourages successful bidders to remove the assets from it's premises immediately upon said purchase as PRAIRIE AUCTION SERVICES Insurance does not extend to purchased assets once the Bill of Sale has been issued.
4. All items have been displayed and each purchaser shall be held to have satisfied himself as to the condition, identity and authenticity, and shall not be entitled to make any objection after the listing closes on any grounds whatsoever.
5. PRAIRIE AUCTION SERVICES reserves the right to accept or reject any bid as determined by the 'seller' and shall control the bidding at all times.
6. In all cases of dispute, PRAIRIE AUCTION SERVICES decision shall be final.
7. All required tax will be added to the purchase. Taxes, import fees, shipping and brokerage fees are NOT included in the sale price and are the responsibility of the purchaser.
1. Services and registering an Account
1.1 To use the Services, Participants must register an Account and, if required by PRAIRIE AUCTION SERVICES, provide their credit or debit card details. Participants must keep their Account password confidential. Participants are responsible for any activities or transactions made using their Account and PRAIRIE AUCTION SERVICES are not liable for any damage or Loss which results from unauthorized access to an Account. Participants must immediately notify PRAIRIE AUCTION SERVICES of any unauthorized access or use of their Account of which become aware via the Contact us section of the Site.
1.2 Participants must ensure that their Participant Information (including Contact Information): (a) is true, accurate and complete; (b) is not false or misleading; (c) does not infringe any other person's rights (for example IP rights) or privacy; (d) is not contrary to any applicable Law or industry code of practice; (e) is not defamatory, threatening or harassing; (f) is not obscene or pornographic; and (g) does not contain any viruses, Trojan horses, worms or other computer programming instructions that may damage, interfere with, surreptitiously intercept or expropriate any system, data or personal information.
1.3 Participants may cancel their Account at any time.
1.4 PRAIRIE AUCTION SERVICES reserves the right, without notice to the participant and PRAIRIE AUCTION SERVICES complete discretion, to refuse to register an Account, close a Participant’s Account, or refuse access to the Services or the Site if: (a)PRAIRIE AUCTION SERVICES believes the Participant has breached any part of these terms or has acted inconsistent with these terms or PRAIRIE AUCTION SERVICES standards of practice, or is likely to breach any part of these terms; (b) a Participant does not pay for an Asset or refuses to deliver an Asset; (c) PRAIRIE AUCTION SERVICES believes the Participant has acted against PRAIRIE AUCTION SERVICES business interests or reputation; or (d) has engaged in fraudulent activity in connection with the Site.
1.5 The Services are provided to Participants personally. Participants must not re-sell access to the Services or otherwise make commercial use of the Services.
2. Site Content
2.1 PRAIRIE AUCTION SERVICES derives Content from sources which PRAIRIE AUCTION SERVICES believes to be accurate and up to date as at the time of publication. The Content is provided to assist Participants, but Participants acknowledge that PRAIRIE AUCTION SERVICES does not make any representation or warranty as to the currency, reliability, accuracy or completeness of any Content.
2.2 PRAIRIE AUCTION SERVICES is not responsible for, and accepts no liability with respect to, any Content uploaded, posted, or otherwise made available on the Site by any person other than PRAIRIE AUCTION SERVICES. PRAIRIE AUCTION SERVICES will not be taken to have uploaded, posted or otherwise made Content available on the Site simply by facilitating others to post, transmit or other make Content available.
3. Eligibility to Participate
3.1 Participants must be able to form legally binding contracts to use the Service. Participants must not use a Service if:
(a) they under 18 years of age; and possess a valid credit card with a credit limit sufficient to cover the ‘Non Refundable Deposit’ which is payable at the conclusion of the auction.
4. Prior to the Auction
4.1 The Auction Participants may be permitted to view the Assets at the Asset Inspection Times, either at the Seller’s Premises or PRAIRIE AUCTION SERVICES premises (as applicable).
4.2 Prior to the Auction, PRAIRIE AUCTION SERVICES will, in the Auction Information, advise the Auction Participants whether the Highest Bid on an Asset includes or excludes GST.
4.3 It is a Participant’s responsibility to read and understand any Auction Information relating to an Asset, including the delivery and payment terms.
4.4 The Participants acknowledge that all Information about the Assets has been provided by the Seller to PRAIRIE AUCTION SERVICES. PRAIRIE AUCTION SERVICES is not responsible for and is not liable to any Participant or any other person for the accuracy of, or otherwise any Auction Information
5. Conduct of Auction
5.1 An Auction will start at the time specified in the Auction Information and at the nominated minimum starting price.
5.2 The Participants acknowledge that PRAIRIE AUCTION SERVICES may, at its discretion:
(a) withdraw an Asset from the Auction at any time; or
(b) in the case of an Online Auction, close the Auction before the scheduled time. PRAIRIE AUCTION SERVICES is not liable to any Participant or any other person for the withdrawal of any Asset from an Auction or closure of an Online Auction before the scheduled time.
5.3 If a Reserve for an Asset is not met, PRAIRIE AUCTION SERVICES is not obliged to sell the Asset to the Buyer.
6. Bidding
6.1 Advances in bidding will be regulated by PRAIRIE AUCTION SERVICES. A Participants bid is deemed to be the maximum the Participant is willing to pay for the item, exclusive of buyers fees, taxes, shipping or any other costs not included in the bid.
6.2 Bids may be made:
(a) by placing a normal bid; or
(b) in the case of Online Auctions, through a ‘Maximum Bid’ (in which case the Bidder is responsible for monitoring the Online Auction and participating in the auction by adjusting their bids accordingly).
6.3 Where two or more bids for the same price are made, bids will be ranked in the following order of precedence:
(a) time of bid
(b) bid quantity (if applicable).
6.4 The Seller must not place bids on its Assets at an Auction.
6.5 Bidders must not engage in bid manipulation.
6.6 No Bidder may retract a bid it has made.
6.7 The Bidder who places the Highest Bid for an Asset is the buyer (Buyer) and subject to clause 5.3, is obligated to purchase the Asset providing the Creditor has 'Approved' the sale of said Asset.
6.8 If there is any dispute as to the Buyer, PRAIRIE AUCTION SERVICES may, in its absolute discretion, re-offer the Asset for Auction. The final Buyer is determined by PRAIRIE AUCTION SERVICES in its absolute discretion.
6.9 In the case of an Online Auction, PRAIRIE AUCTION SERVICES will notify the Buyer by email, however Participants are solely responsible for monitoring the status of any Online Auction and PRAIRIE AUCTION SERVICES is not responsible for the non-receipt of a Highest Bidder email from PRAIRIE AUCTION SERVICES.
6.10 The PRAIRIE AUCTION SERVICES auction platform employs 'Anti-Sniping Technology' which is used to combat the effectiveness of 'snipers' who troll the internet looking for deals and then bid at the last second utilizing high speed computers etc. This technology ensures that ALL bidders have a fair opportunity to win the item by extending the auction for a predetermined time if there is any bid activity in the last 30 seconds of the listing. In this instance, if there is bid activity in the last 30 seconds of the listing, the listing will automatically extend for another 30 seconds and do so indefinitely until bidding has ceased.
7. Powers of PRAIRIE AUCTION SERVICES
7.1PRAIRIE AUCTION SERVICES may:
(a) refuse to accept any Bid which, in the PRAIRIE AUCTION SERVICES discretion, is not in the best interests of the Seller;
(b) exclude any Participant from the Auction (including if PRAIRIE AUCTION SERVICES suspects the Participant may be engaging in collusive Bidding practices);
8. Sale Price
8.1 The Buyer acknowledges that, in addition to the Sale Price, it will also be required to pay:
(a) the Buyers Premium (for the services and facilities provided to the Buyer by PRAIRIE AUCTION SERVICES) which will be calculated as a percentage of the Sale Price (exclusive of GST and as set out in the Auction Information); and
(b) Additional Seller Costs (such as transport costs) as set out in the Auction Information.
9. Following Completion of Auction
9.1 The Buyer will be deemed to be the principal and purchasing the Asset on its own behalf unless, immediately following completion of the Auction, the Buyer provides PRAIRIE AUCTION SERVICES an Agent Notification.
9.2 Immediately following completion of the Auction, the Buyer must:
(a) provide to PRAIRIE AUCTION SERVICES (in the form requested by PRAIRIE AUCTION SERVICES) all details reasonably requested by PRAIRIE AUCTION SERVICES (including credit or debit card details, if required); and
(b) pay to PRAIRIE AUCTION SERVICES the Deposit which is 10% of the total purchase price and any convenience fees.
9.3 If the:
(a) Buyer does not comply with its obligations set out in clause 9.1;
(b) a Deposit is made by credit card and: (i) the credit card payment is not processed in the first run due to card entry errors (including an incorrect or expired card expiry date) made by the Participant; or (ii) there are insufficient funds or the credit limit is insufficient to cover the Deposit; or
(c) PRAIRIE AUCTION SERVICES is unable to contact the Buyer for any reason, PRAIRIE AUCTION SERVICES may choose not to proceed with completion of the sale of the Asset and may, in its absolute discretion, reoffer the relevant Asset for sale via Auction or any other means.
9.4 The Buyer agrees that upon completion of the Auction, the item is now the property of the Buyer and that the Buyer is responsible for forwarding funds to cover the agreed upon sales price as well as any and all applicable taxes and Buyers Fee. must execute the Sale Agreement (or, in the case of Online Auctions or Webcast Auctions, acknowledge acceptance of the terms via the Site) which together with these terms, constitute the entire sale and purchase agreement for the relevant Assets between the Buyer and the Seller.
10. Buy IT Now Sales
10.1 In the case of a Buy IT Now Sale, the Participant must pay the Total Price, Applicable Taxes and Buyers Premium immediately after the Participant agrees to purchase the relevant Asset.
10.2 The Participant authorizes PRAIRIE AUCTION SERVICES to debit their credit card for Total Price and Buyers Premium (if any) payable as a result of a Buy It Now Sale purchase.
11. Transfer of Title and Collection of Assets
11.1 The Buyer must pay the Total Price and Buyers Premium to PRAIRIE AUCTION SERVICES (less any Deposit) in accordance with the Sale Agreement.
11.2 If a Participant has provided their credit card or debit card details to PRAIRIE AUCTION SERVICES as part of their Account registration, the Participant authorizes PRAIRIE AUCTION SERVICES to debit their credit card for Total Price and Buyers Premium unless prior arrangements have been made to remit the balance via funds transfer or certified cheque.
11.3 Where an Asset is held by PRAIRIE AUCTION SERVICES prior to an Auction PRAIRIE AUCTION SERVICES will release the Asset to the Buyer of that Asset when PRAIRIE AUCTION SERVICES has received payment of the relevant Total Price and Buyers Premium for the Asset.
11.4 PRAIRIE AUCTION SERVICES will procure that registration / title to and risk in the Assets passes from the Seller to the Buyer when PRAIRIE AUCTION SERVICES has received payment of the relevant Total Price and Buyers Premium for the Asset, and the Asset has either been dispatched to the Buyer, or collected by the Buyer (as applicable).
11.5 Where the delivery terms in the Sale Agreement state that the Buyer is to collect the Asset from PRAIRIE AUCTION SERVICES premises, the Buyer must collect the Asset from PRAIRIE AUCTION SERVICES premises at the Buyer collection times within 5 Business Days. If the Seller does not collect the Asset from PRAIRIE AUCTION SERVICES premises within this period, PRAIRIE AUCTION SERVICES may (at the Buyer’s cost) arrange for (at PRAIRIE AUCTION SERVICES option):
(a) storage of the Assets;
(b) resale of the Assets; or
(c) transport of the Assets to a waste facility.
11.6 Upon receipt of full payment of the asset, including the sale price, all applicable taxes and fees, PRAIRIE AUCTION SERVICES will transfer to the purchaser, the ‘Registration / Title’, and ensure that the asset is free of Liens within the province of Alberta.
12. Payments via the Site
12.1 All Transactions made through the Site will be covered by these terms and any additional terms or conditions displayed during the finalisation of the Transaction.
12.2 By completing a Transaction you agree to pay all amounts related to the Transaction including all taxes and delivery charges by the relevant due date. Once a Transaction is completed on the Site it cannot be cancelled or reversed.
12.3 Participants may exchange Contact Information with other Participants via the Site.
12.4 By submitting Contact Information on the Site, Participants grant PRAIRIE AUCTION SERVICES a non-exclusive and irrevocable right to provide that Contact Information to the relevant Participants.
12.5 Any Contact Information must not, in any way whatsoever, be potentially or actually harmful to PRAIRIE AUCTION SERVICES or any third party, where "harm" includes, but is not limited to noneconomic loss that will or may be suffered by PRAIRIE AUCTION SERVICES.
12.6 Participants acknowledge and accept that, while PRAIRIE AUCTION SERVICES makes all reasonable commercial efforts to ensure Transactions occur in a secure environment, transacting through the Internet has inherent risks and PRAIRIE AUCTION SERVICES is not responsible for any unauthorized:
(a) interception, modification or diversion of a Transaction request; or
(b) access or copying of details relating to a Transaction (including personal or financial information).
12.7 PRAIRIE AUCTION SERVICES reserves the right to modify, suspend or cancel any Transaction for any reason
13. Warranties
13.1 PRAIRIE AUCTION SERVICES provides no representations, guarantees or warranties, either express or implied, in respect of the Assets, and make no warranties or representation that:
(a) pass ‘Registration / Title to all Assets to the Buyer free of liens and encumbrances, outside the province of Alberta;
(b) the Assets comply with all applicable Laws;
(c) the Assets are of merchantable quality, fit for their intended purpose and are free from defects;
(d) the Assets match their description or correspond to any sample or demonstration model;
(e) there is a certain availability of repairs or spare parts for the Assets;
(f) the Assets are, where necessary, adequately packaged for national distribution;
(g) the Assets are not fake or forgery and do not and will not infringe the IP rights or any other rights of any third party
(h) all Auction Information is true, accurate, and correct or not misleading or deceptive, or likely to mislead or deceive.
13.2 The Buyer acknowledges that software may be installed on computer equipment and that the use of such software without a licence may Infringe the IP rights of a third party. PRAIRIE AUCTION SERVICES makes no warranties or representations with respect to any such software and the Buyer acknowledges that use of such software by the Buyer may expose the Buyer to a Claim by the owner of such IP rights. The Buyer releases PRAIRIE AUCTION SERVICES from any Loss or liability incurred by the Buyer in respect of any such Claim.
13.3 PRAIRIE AUCTION SERVICES makes any representation to warranty that any asset and or equipment offered for sale is of a standard necessary to comply with workplace health and safety Law or safe and fit for use in a workplace.
13.4 Nothing in this clause 13 (or any other provision of these terms) should be interpreted as attempting to exclude, restrict or modify the application of the Non-Excludable Guarantees.
14. Rights Against Buyer
14.1 If a Buyer defaults in payment of any of the amounts payable by the Buyer under these terms of the Sale Agreement, the Seller or Buyer may (as applicable), at their discretion:
(a) retain any amounts paid by the Buyer to PRAIRIE AUCTION SERVICES in respect of the relevant Assets;
(b) commence proceedings against any Buyer to recover the unpaid amounts; and
(c) resell or attempt to resell the Assets in a manner and terms determined by PRAIRIE AUCTION SERVICES, without being obliged to give notice to the Buyer.
14.2 The Buyer indemnifies PRAIRIE AUCTION SERVICES for any Loss incurred by PRAIRIE AUCTION SERVICES which is caused by or connected to a default by the Buyer of these terms or the Sale Agreement, including:
(a) the amount of any Commission lost by PRAIRIE AUCTION SERVICES as a result of the Buyer’s default;
(b) the Buyers Premium payable; and
(c) all costs associated with any resale or attempted resale of the Assets (including advertising, insurance, transport and storage costs).
15. Liability
15.1 PRAIRIE AUCTION SERVICES is acting as the authorized agent of the Seller and any rights of action a Participant may have in respect of the Assets lie against the Seller and not PRAIRIE AUCTION SERVICES.
15.2 Each Participant waives, releases, discharges and relinquishes any and all claims that they have or may have against PRAIRIE AUCTION SERVICES its affiliates, subsidiaries, officers, employees, agents and representatives which are caused by, or connected with the Site or the Services.
15.3 If the Auction is an Online Auction or Webcast Auction, PRAIRIE AUCTION SERVICES is not liable for, and all Participants release PRAIRIE AUCTION SERVICES from any liability or Loss which arises from or is connected with any technical or processing malfunction or failure which affects the conduct or completion of the Auction or bidding by Auction Participants.
15.4 PRAIRIE AUCTION SERVICES provides the Sites and the Service without any express or implied warranty or condition concerning the capacity or availability of the Sites or the Service.
16. Returns
16.1 Assets bought at Auction may not be returned for any reason.
16.2 Nothing in this clause 16 (or any other provision of these terms) should be interpreted as attempting to exclude, restrict or modify the application of the Non-Excludable Guarantees. However, to the fullest extent permissible by Law, PRAIRIE AUCTION SERVICES limits its liability for breach of a guarantee, condition or warranty implied by virtue of any Law at PRAIRIE AUCTION SERVICES option to the remedies contained in the Alberta Auction Legislation.
17. Complaint
17.1 If a dispute arises out of or relates to these terms, please contact PRAIRIE AUCTION SERVICES customer service team at:
E: Lyle@PrairieAuction.com or
P: 780-250-2525
18. Limit of Liability
18.1 Despite any other provision of these terms, PRAIRIE AUCTION SERVICES is not liable to any Participant for any Loss which is indirect or consequential loss, any loss of actual or anticipated savings, opportunity, revenue, profit or goodwill, or any other incidental, special or punitive loss, damage or expenses.
19. Indemnities
19.1 Each Participant indemnifies PRAIRIE AUCTION SERVICES against any Loss arising directly or indirectly from, or incurred in connection with any breach by the Participant of these terms or the Sale Agreement, and any claim, suit, demand, action or proceeding by a third party arising from an act or omission by the Participant in connection with these terms or the Sale Agreement, whether negligent or not.
20. Privacy
20.1 Please refer to PRAIRIE AUCTION SERVICES Privacy Policy (available immediately following these Terms and Conditions), for further details on how PRAIRIE AUCTION SERVICES collect and protect personal information.
21. GST
21.1 All payments to be made under these terms will, unless otherwise set out in the Auction Information, be calculated on a GST Exclusive basis.
21.2 The GST treatment of the Sale Price will be as set out in the Auction Information.
22. General
22.1 The laws applicable in Alberta, Canada govern these terms and you submit to the non-exclusive jurisdiction of the courts of Alberta and Canada and any courts competent to hear appeals from those courts.
22.2 Any provision of these terms that is unenforceable or illegal will be treated as if it were removed from these terms but it will not affect the enforceability of the remaining provisions of these terms.
22.3PRAIRIE AUCTION SERVICES may assign or subcontract its rights or obligations under these terms without the consent of any Participant.
22.4 Nothing in these terms constitutes or is deemed to constitute a partnership, joint venture, agency, employer and employee or other form of fiduciary relationship between any party.
22.5 PRAIRIE AUCTION SERVICES may amend these terms at any time by posting new terms on the Site. Continued use of the Site or the Services by a person will constitute acceptance of these terms.
22.6 The indemnities in these terms are continuing obligations and continue to apply after expiration or termination of these terms.
22.7 If there is any inconsistency or conflict between the documents which comprise these terms, those documents will be interpreted and apply in the following order of descending priority to the extent of the inconsistency or conflict:
(a) Sale Agreement; and
(b) these terms.
23. Definitions
23.1 The following definitions apply in these terms unless a contrary intention is indicated:
Account means an account with PRAIRIE AUCTION SERVICES registered through the Site (or other means provided by PRAIRIE AUCTION SERVICES) by a user.
Additional Seller Costs means any additional Seller costs relating to the sale of an Asset charged by the Seller (such as transport costs) and included in the Auction Information.
Agent Notification means written evidence to the satisfaction of PRAIRIE AUCTION SERVICES that a Buyer is acting as agent for another person (the principal).
Assets means the assets for sale as described in the Auction Information.
Asset Inspection Times means the times potential Buyers may view and inspect the Assets, as set out in the Auction Information.
Auction means the auction of the Assets by way of Traditional Auction, Webcast Auction or Online Auction.
Auction Information means the Information provided by PRAIRIE AUCTION SERVICES to Participants and other persons prior to the Auction regarding the Assets and the Auction.
Auction Participant means a person who registers for, or otherwise participates in an Auction (including Bidders) or a Buy Now Sale.
Bidder means a Participant who places a bid at an Auction.
Business Day means a day on which banks are open for general banking business in Alberta, Canada, excluding Saturdays and Sundays.
Buyer has the meaning given in clause 6.7, and where an Agent Notification has been provided in accordance with clause 9.1, also means the principal.
Buy Now Sale means a sale of an Asset where a Participant can immediately agree to purchase an Asset without participating in an Auction.
Buyers Premium means the costs of the services and facilities provided to the Buyer by PRAIRIE AUCTION SERVICES, which will be calculated as a percentage of the Sale Price and or a flat fee. (exclusive of GST and as set out in the Auction Information).
Contact Information means contact information about a Participant (for example name, email address and telephone number) which is submitted by a Participant to Site, for the purposes of corresponding with another Participant.
Content means data, information, text, blogs, images, movies, animations and any other digital media whether currently existing or not that may be displayed, delivered through or otherwise embodied in the Site.
Commission means the commission charged by PRAIRIE AUCTION SERVICES to the Seller as agreed by PRAIRIE AUCTION SERVICES and the Seller.
CRP means comparable retail price.
Deposit means a portion of the Sale Price required to be paid immediately following completion of the Auction, as set out in the Auction Information.
Highest Bid means the amount offered as the final bid by the Buyer for an Asset as determined by the PRAIRIE AUCTION SERVICES.
Information includes commercial, financial, legal and technical information and know-how and any reports, valuations, summaries, conclusions, analyses, advice, memoranda, working papers, calculations, spreadsheet source code, contents and formulae, and any computer model or data.
Intellectual Property or IP means all present and future rights to: (a) trademarks, trade names, domain names, logos, get-up, patents, inventions, registered and unregistered design rights, copyrights, circuit layout rights, and all similar rights in any part of the world (including know-how); and (b) where the rights referred to in paragraph (a) are obtained or enhanced by registration, any registration of such rights and applications and rights to apply for such applications
Law means any law, legislation, ordinance, rule, proclamation, regulation, by-law and subordinate legislation present or future and whether state, federal or otherwise.
Loss means any loss, claim, liability, damage, charges, payments, cost or expense (whether direct, indirect or consequential and whether accrued or paid) including legal fees and disbursements and costs of investigation, litigation, settlement, judgment, interest and penalties.
Non-Excludable Guarantees means any guarantees or implied conditions or warranties that, pursuant to the Alberta Consumer Law or other Law, cannot be excluded.
Online Auction means an auction where potential Buyers bid for the Assets via an online platform.
ORP means original retail price.
Participant means a person who registers for Services, (including Sellers and Auction Participants) or otherwise accesses and uses the Site.
Participant Information means any Information provided to PRAIRIE AUCTION SERVICES by a Participant, including when registering for an Account.
Plant Hazard Report means workplace health and safety report setting out information relating to the safety and condition and any potential hazards of the Asset.
Reserve means a minimum Sale Price for the Asset as set out in the Auction Information.
RRP means recommended retail price.
Sale Agreement means the agreement between the Buyer and the Seller in a form provided by PRAIRIE AUCTION SERVICES(and in the case of Online Auctions or Webcast Auctions, will be deemed to be executed pursuant to the Buyer’s acceptance via the Site) which sets out the terms and conditions of the sale and purchase of the relevant Assets, and includes: (a) the Sale Price; (b) Additional Seller Costs (if any); (c) Buyers Premium (if any); (d) payment terms; and (e) delivery terms. In the case of Online Auctions or Webcast Auctions, the Sale Agreement will be deemed to be executed pursuant to the Buyer’s acceptance via the Site. In the case of a Buy It Now Sale, the Sale Agreement will be deemed to be executed when the Participant agrees to purchase the relevant Asset.
Sale Price means the Highest Bid plus GST (if applicable), and excludes any Additional Seller Costs or Buyers Premium.
Seller means the person selling an Asset.
Seller’s Premises means the Seller’s premises at which the Assets are located (if applicable), as set out in the Auction Information.
Services means the services provided by PRAIRIE AUCTION SERVICES via the Site or otherwise, including: (f) the operation of Auctions; and (g) the sale of Assets via expression of interest (EOI) and tender processes.
Site means all web pages located at www.prairieauction.com and www.prairieauction.com including all sub-domains and related sites containing the Content and Services and any other features PRAIRIE AUCTION SERVICES make available through the site, applications or any other online channel, software, devices or networks whether currently existing or developed in the future.
Traditional Auction means an auction where potential Buyers physically attend the auction to place bids on the Assets.
Transaction means: (h) any purchase or payment; or (i) exchange of information between Participants, facilitated by or completed via the Site.
Total Price means the Sale Price plus any Additional Seller Costs relating to the sale of an Asset.
Webcast Auction means a Traditional Auction where Buyers can participate in the Auction via the internet.
24. Interpretation
24.1 (Headings) clause headings are inserted for convenience only and do not affect interpretation of these terms.
24.2 A reference to:
(a) any legislation or provision of legislation includes all amendments, consolidations or replacements and all regulations or instruments issued under it;
(b) a party to a document includes that party’s personal representatives, executors, administrators, successors, substitutes (including persons taking by novation) and permitted assigns; and
(c) a person includes a natural person, corporation, statutory corporation, partnership, the Crown and any other organisation or legal entity and their personal representatives, successors, substitutes (including persons taking by novation) and permitted assigns.
24.3 (Singular) the singular includes the plural and the converse.
24.4 (Corresponding meanings) a word that is derived from a defined word has a corresponding meaning.
24.5 (Including) including and includes (and any other similar expressions) are not words of limitation, and a list of examples is not limited to those items or to items of a similar kind.
