TERMS & CONDITIONS GOVERNING THE USE OF

Associated Auto Auction Ltd.

ONLINE BID SERVICES


As used in these Online Bid Services Terms and Conditions, "you" are an individual acting on your own behalf, or an agent of a person or entity that has authorized you to act on their behalf; "we", "our" and "us" mean Associated Auto Auction Ltd., their employees, Vortex Auction and/or the Online Bid Services provided.

The following Terms and Conditions govern the use of Associated Auto Auction Ltd. and Vortex Auction Online Bid Services. These Terms and Conditions must be accepted without modification before you may register for access to our Online Bid Services. These Terms and Conditions constitute the agreement between you and Associated Auto Auction Ltd. and Vortex Auction regarding the use of our Online Bid Services.

(1) Cost: The Vortex Auction system is the most advanced and sophisticated online auction system in the world. Associated Auto Auction Ltd. has gone to great lengths and expense to offer you the convenience of participating in live auctions without the expense of leaving your home or office or loss of time. To help defray part of the costs of operating the live online auction we have instituted a convenience charge for Internet bidders. This fee is $45.00 for each purchased lot. This fee is in addition to any regular Buyer Fees and taxes.

(2) Registration to Participate in our online auctions. Upon our acceptance of your completed registration and receipt of your bank letter of credit, the bid number and password you received upon registration will be activated and become your PERMANENT online bid number and password which will identify you whenever you place bids using our Online Bid Services. The number and password you receive will be enabled for you to log on and bid Live Online at all future Associated Auto Auction Ltd. online auctions. PROTECT AND KEEP CONFIDENTIAL YOUR BID NUMBER AND PASSWORD. By acceptance of these terms and conditions you agree to be held financially responsible for any and all purchases made using your bid number. We reserve the right, in our sole discretion, to allow or deny access to our Online Bid Services to any party or to revoke any bid number and password at any time.

(3) You are solely responsible for the accuracy of your Bidder Information and you hereby warrant that your Bidder Information is true and accurate. You hereby certify you are of legal age, possess the legal capacity and the financial means to participate in the online auctions.

(4 ) You acknowledge that Associated Auto Auction Ltd. and its employees act merely as agents for sellers. No warranties are expressed or implied as to any items being sold and you agree to purchase and accept the item in an as-is condition. We obtain information on items from the sellers and you hereby agree to hold harmless Associated Auto Auction Ltd. and its employees for any errors or omissions regarding the item(s) being sold. This information includes but is not limited to year, model, machine or engine hours, physical condition, options, features and other data pertinent to the value of the item. ALL ITEMS ARE SOLD AS-IS WHERE-IS.

(5) You acknowledge that you have the right and responsibility to inspect the item(s) yourself or to have a third party representative inspect the item(s) for you. That by bidding on an item you have agreed to accept that item in it's present condition and with the description provided whether accurate or not.

(6) You agree that all sales are final. Upon your becoming the Purchaser of an item, that item shall immediately become your responsibility and be at your risk (whether you have paid for that item or not). You agree that Associated Auto Auction Ltd. and its employees are not responsible for lost, stolen or damaged items and will not reimburse or discount items for any type of loss.

(7) You agree to have a deposit of $500.00 or 10% of purchase price which ever is greater charged to your credit card. You agree to forward payment for all online purchases in Canadian Funds via wire transfer, certified cheque or Bank draft within 1 banking day of receipt of invoice. Please contact the office at 204-895-9790 to arrange for wire transfers. Those payments will be sent to Associated Auto Auction Ltd., 7130 Roblin Blvd. Headingley , Manitoba R4H-1A3. You acknowledge that we reserve the right to hold all items until your funds have cleared our bank. Items will not be released or removed from the vendor/auctioneer's possession until all funds have been cleared. Absolutely no exceptions.

(8) You agree to pay for and remove from the auction property any purchases, within 5 days of purchase, unless other arrangements are made. Any property not removed after 5 days will be subject to storage charges.

(9) You agree that by using our Online Bid Services to bid on a particular item, this is a firm commitment to purchase said item and may not be cancelled or retracted for any reason. You also acknowledge that the Internet may be an unreliable and error prone network and Associated Auto Auction Ltd. will not guarantee that bids placed online will always be transmitted to or received by the auctioneer in a timely fashion. You agree to hold Associated Auto Auction Ltd. harmless for any interruptions in online bidding. Further, the auctioneer has the sole discretion to accept or refuse any bid. Associated Auto Auction Ltd. retains the right, at our sole discretion, to add, delete or change some or all of our online services and the terms and conditions governing their online auctions at any time without notice.

(10) You acknowledge and agree that Vortex Auction, Associated Auto Auction Ltd., their web sites, and any software and information used in connection therewith contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that any content contained on their web sites is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.01/31/2013
 

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