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Terms & Conditions

Welcome to McDougallBay.com, your total source for buying bank repossessed and lease returned recreational equipment, farm equipment, business equipment, vehicles, agricultural and industrial equipment and much more. Please read and review the terms and conditions ("the Agreement") below carefully. This Agreement summarizes the rules governing your use of mcdougallbay.com. The Agreement enables the owners of mcdougallbay.com, McDougall Auctioneers Ltd. (hereinafter "mcdougallbay.com"), to offer an easy, secure and fair place for buyers of bank repossessed and lease returned recreational equipment, farm equipment, business equipment, vehicles, agricultural and industrial equipment to enter into contracts with mcdougallbay.com for the purchase of such equipment. When you click on the "place bid" button on the "Place Bid" page you are entering into a legal contract with mcdougallbay.com in which you agree to abide by this Agreement in all aspects of your use of mcdougallbay.com. Anyone using mcdougallbay.com, executing a bid for an item on mcdougallbay.com, or requesting an item on mcdougallbay.com, will be deemed to have consented to this Agreement. If you do not agree to these terms and conditions, you may not place a bid on mcdougallbay.com or use any services of mcdougallbay.com. As used in this Agreement, "you" are an individual acting on your own behalf, or "you" are an agent of a person or entity that has authorized you to act on that person's or entity's behalf.

   

Eligibility And Authorized Use

Use of mcdougallbay.com is limited to persons who may lawfully enter into and form contracts under applicable law. For example, minors are not allowed to enter bid contracts. By using mcdougallbay.com, you warrant or certify that: - You are at least 18 years of age (or older, if required by applicable law) and possess the legal authority to enter into this Agreement. - You agree to be financially responsible for all of your use of mcdougallbay.com (as well as for use of your account by others, including without limitation minors living with you). - You agree to supervise and be responsible for all usage of minors of mcdougallbay.com under your name or account. - All information supplied by you or members of your household in using mcdougallbay.com, including without limitation your name, email address, street address, telephone number is true and accurate. You Agree to pay all penalties, damages, losses, lawyer's fees, anticipated selling commissions as per value deemed by mcdougallbay.com and expenses incurred by mcdougallbay.com in the event you do not provide accurate information. - Notwithstanding the foregoing or any other provision of this Agreement, mcdougallbay.com reserves the right to refuse any bid for any reason in its sole discretion. All registered users must have a current and accurate email address, and certify that all of the information entered on the registration is to the best of registrar's knowledge to be true and correct. At the point of registration you consent to have McDougall Auctioneers Ltd. store your credit card numbers on file from the time your first purchase is paid for by major credit card. In the event the your account becomes unpaid or delinquent credit card numbers stored on file will be used to balance account. McDougall Auctioneers Ltd. agrees to not disclose personal information/credit card numbers to any third party. Please refresh screen to view the current bid on any lot.

McDougall Auctioneers Ltd. reserves the right to revoke bidding privileges for any reason deemed necessary, and is not liable for any loss of bidding and/or potential purchases under any circumstances. McDougall Auctioneers Ltd. will not be held liable for any electronic/auto generated communication for the online bidding process.

   

Buying

As a buyer, you are obligated from the time you place your offer or bid to complete any purchase for which your offer is accepted or your bid represents a winning bid in accordance with the specifications of mcdougallbay.com. You may not retract any offer or bid. You may not influence or manipulate the offering or bidding process to compel other buyers to accelerate their offers or bids or hamper others from offering or bidding without interference. Owners/Consignors are forbidden by contract from bidding on items they are selling.We describe all units based on a visual inspection only. We make a good faith effort to accurately describe each item, however there may be hidden damage or details we may unintentionally miss that may appear obvious to the buyer. If you bid on an item you agree and fully understand all the terms and conditions of the use and interaction and payment/pick up conditions of www.mcdougallbay.com. By bidding on www.mcdougallbay.com or its subsidiary website addresses you agree that everything is sold on a AS IS WHERE IS basis.

   

Fees

mcdougallbay.com reserves the right to charge various fees to buyers for the use of any and all services of mcdougallbay.com, including, but not limited to, sale and/or auction listings and transaction fees based on completed transactions using mcdougallbay.com. McDougall Auctioneers Ltd./www.mcdougallbay.com reserves the right to charge a minimum buyers premium per lot of 15% of the bid price with a cap of $750.00. The buyers premium/fee is subject to change at the discretion of McDougall Auctioneers Ltd. Mcdougallbay.com further reserves the right to impose or change any and all fees from time to time including a 3% fee for use of Visa/Master Card to pay for purchases of $200.00 or greater. Buyers are responsible for any charges, duties, taxes, and assessments arising out of their use (and the use by another acting as an agent of a buyer or over whom a buyer has control) of mcdougallbay.com. McDougall Auctioneers Ltd. reserves the right to charge buyers fees and/or buyers premiums on all items sold. Mcdougallbay.com reserves the right to charge fees to buyers for their use of any inspection services offered by mcdougallbay.com. Further, mcdougallbay.com has the right to charge storage fees for items that are not recovered by the winning bidder within 5 business days from receiving notification of successful bid. The rate charged for units left at mcdougallbay.com location for an extended period shall be $2 per day to a maximum of $28.00 or otherwise arranged. Applicable storage fees will accrue from the original sale date. If property is not physically picked up within 5 calendar days from receiving notification on sale closing day we reserve the right to resell with or without notification. Any unit unpaid and or paid for and determined to be abandoned by mcdougallbay.com shall be treated as "Abandoned Property" and mcdougallbay.com will initiate the process to sell the items to recover fees associated with the unit with or without notifying the purchaser, which may include storage, administration, commission and other misc. fees. Items will be resold unreserved as "Bad Debt", and if there is any short fall from the original invoice it will be the responsibility of the "Bad Debt" customer to pay for the short fall. For live auction sales, proxy bidding & phone bidding will be accepted for a 3% 'proxy premium' to a max of $750.

   

Terms Of Sale

If your offer is accepted or you place the winning bid in an auction, you must tender payment to McDougall Auctioneers Ltd. within three (3) days inclusive of the closing day of the auction in which your offer was accepted or you placed the winning bid. Payment is required to be made in the form of a certified cheque, cashiers check, money order, cash, or a wire transfer of immediately available funds, and must be made payable to McDougall Auctioneers Ltd., for an amount equal to the full amount of the buyer's winning bid plus listed transaction fee and any applicable sales tax and title transfer fees in Canadian Funds. You agree to pay for your purchase within three days of the closing date of the online auction, and you also agree to pick up your purchase within five days of online sale closing. In the event that your account is not paid in full, you consent to have McDougall Auctioneers Ltd. to use any/all credit cards on file to balance the account. You authorize payment and agree for McDougall Auctioneers Ltd. to collect funds on a credit card without verification of signature or pin number. McDougall Auctioneers Ltd. reserves the right to take a non refundable deposit on outstanding accounts of up to 10% of the balance owing. Mcdougallbay.com is also an Approved Auction through Automotive Finance Corporation (AFC). We will accept payment from AFC drawn against a credit account a dealer has in place with this lender. Without limiting mcdougallbay.com's discretion, no corporate checks without a bank guarantee and no personal checks will be accepted. No title shall pass to the buyer until the total amount of the winning bid has been paid to McDougall Auctioneers Ltd. in collected funds. If mcdougallbay.com fails to receive the accepted offer or winning bidder's payment on the third day following the close of the sale or auction in which the buyer submitted the accepted offer or winning bid, the accepted offer or winning bid shall be deemed null and void effective at 12:01 am Central Time on the following day. If the buyer defaults in making timely payment or in any other respect whatsoever, mcdougallbay.com shall be held harmless against any and all related lawsuits and judgments arising there-from. You are responsible for paying the entire amount due on your purchase, including any applicable taxes, shipping and other charges. Shipping / Mailing smaller items will always be subject to a minimum $5.00 charge, or an increased fee at the discretion of McDougall Auctioneers staff. With respect to applicable taxes, mcdougallbay.com will advise you subsequently of the exact amount of tax due on your purchase. If the item is not paid in full within the (3) day time period or if you, as a high bidder (buyer), convey to mcdougallbay.com in any way that you are "backing out" of your responsibility to purchase a unit that you are the high bidder on with the reserve being met your bidding privileges will be revoked. However, McDougall Auctioneers reserves the right to remove or sell items if the item is deemed of no interest, and only if there has been no prior bidding activity on that lot. McDougall Auctioneers reserves the right to revoke a bid for any reason they deem important. The customer or agent of the customer acknowledges and understands that damages may occur during the loading and unloading service provided by McDougall Auctioneers Ltd. By using www.mcdougallbay.com or its affiliates the customer hereby releases McDougall Auctioneers Ltd. from any and all liability associated to the loading and/or unloading service.

   

Terms Of Buy Now

If you initiate the BUY NOW option on a lot you must contact the office immediately and make a down payment of 10% of the buy now price. The remaining amount must be paid in full within 24hrs of initiating the buy now option. The Buy Now option is no longer available after 9:00 AM closing day of the auction.

   

Modification Of This Agreement

Mcdougallbay.com reserves the right to amend this Agreement at any time. All modifications and amendments will be posted on the mcdougallbay.com website, and you are responsible for regularly reviewing and understanding these modified or amended terms and conditions. Unless otherwise specified by mcdougallbay.com or by law, any modifications or amendments shall be effective immediately upon posting to this site.

   

Links To And From Third Party Sites

Mcdougallbay.com may contain hyperlinks to web sites of affiliates and advertisers. These linked sites provide services of affiliates and advertisers who are independent of mcdougallbay.com. Mcdougallbay.com provides these links to you solely as a convenience, and the inclusion of any link does not imply endorsement by mcdougallbay.com of the site or any association with its operators. The linked sites are not under the control of mcdougallbay.com and mcdougallbay.com is not responsible for the contents of any linked site, including without limitation any link contained in a linked site, or any changes or updates to a linked site. Mcdougallbay.com is not responsible for web casting or any other form of transmission received from any linked site.

   

No Unlawful Or Prohibited Use

As a condition of your use of mcdougallbay.com, you warrant that you will not use mcdougallbay.com for any purpose that is unlawful or prohibited by this Agreement. You may not use mcdougallbay.com in any manner that could damage, disable, overburden, or impair mcdougallbay.com or any user of mcdougallbay.com, or interfere with any other party's use of mcdougallbay.com.

It is your responsibility to determine whether the purchase of any listed item is legally permissible. Mcdougallbay.com is for the sale of bank repossessed and lease returned recreational equipment, farm equipment, business equipment, vehicles, agricultural & industrial equipment .

   

Use of Information Provided by Users to McDougallBay.com

When you register to become a user of mcdougallbay.com, you provide us with information about you and your business. mcdougallbay.com's primary goal in collecting information is to facilitate the sale of an item listed on the mcdougallbay.com website. You are sharing the information that you provide with mcdougallbay.com alone, unless it is specifically stated otherwise. We also provide to buyers the information necessary to facilitate the sale or auction transaction between the buyer and McDougall Auctioneers Ltd. Mcdougallbay.com may disclose from time to time aggregated user statistics that do not identify individual users in order to describe our services to prospective partners, advertisers, and other third parties, and for other lawful purposes. mcdougallbay.com may disclose account information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating mcdougallbay.com's Terms and Conditions of Use of this Site or may be causing injury to or interference with (either intentionally or unintentionally) mcdougallbay.com's rights or property, other mcdougallbay.com users, or anyone else that could be harmed by such activities. Mcdougallbay.com may disclose or account information when we believe in good faith that the law requires it and for administrative and other purposes that we deem necessary to maintain, service, and improve our products and services.

   

No Professional Advice

Any information supplied by any employee or agent of mcdougallbay.com, whether by telephone, e-mail, letter, facsimile or other form of communication, is intended solely as general guidance on the buying services offered through mcdougallbay.com, and does not constitute legal professional advice

   

No Warranty

McDougallBay.com provides its products and services "as is" and without any warranty or refund or representation as to condition, express or implied.

   

No Guarantee of Continuous Operation

McDougallbay.com will endeavor to use diligent and reasonable efforts to maintain the security and operational integrity of the website. However, numerous factors outside the control of mcdougallbay.com may interfere with the operation of its web site, and accordingly, mcdougallbay.com does not guarantee continuous, uninterrupted or secure access to its services.

   

Indemnification

Mcdougallbay.com is not responsible for any communication or transaction among users. As a user, you agree to release, indemnify and hold harmless mcdougallbay.com and its officers and employees from any and all claims, demands and damages (whether actual and/or consequential), including reasonable lawyer's fees, resulting from or associated in any way with your use of mcdougallbay.com, your violation of this Agreement or any applicable laws or regulations, or your violation of any rights of another.

   

Right to Independent Action

Mcdougallbay.com reserves the right, in its sole discretion, to take any independent action it concludes is necessary or desirable to protect the interests of mcdougallbay.com and eliminate or mitigate any potential liability or injury to any party which may arise.

   

No Waiver

The failure of mcdougallbay.com to enforce any terms of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.

   

Site outage during auction closing time

In the event of a site outage during closing time, all auctions will be extended to noon the following day, pending return of the mcdougallbay.com site.

   

Extension of Scheduled Closing Time

mcdougallbay.com runs on a set closing date and closing time as listed on the individual lot. It also runs a server time, showing that according to that time the bidding will close. As a bidder, you have the right to believe if you are registered with high bid at that time, you will be either the successful purchaser or our sales team will deal further with you. However, in all fairness, mcdougallbay.com reserves the right to extend the time limit, if bidders click their bid within the last 10 minutes. The server is set up to extend the closing time to 10 minutes after the last bid. For example, with a 12:00pm closing time, a new bidder clicks to bid at 11:59am, the bidding now does not close until 12:09pm.