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Conditions of Sale

Bidders will be identified by number rather than name. Auctioneers will record all sales under your registration number only.

All articles of merchandise are offered "As Is and Where Is" in units of measure as announced at the time of sale. Auctioneer may state the year of manufacture of certain equipment, however it is the responsibility of the buyer to ascertain, by his own means the correctness of year and model prior to bidding. The Auctioneer reserves the right to group, modify, increase, diminish or delete lots at his sole and absolute discretion.

The buyer herby agrees to indemnify and hold harmless Frank McInenly Auctions Ltd and the Seller, against any and all liability, loss, costs, damages and other expenses arising from the loading out of equipment.

No lots may be removed until full payment is received by Frank McInenly Auctions Ltd. All lots must be removed within the time announced or posted at the sale at buyer's sole cost and risk, and only in a manner approved by auctioneers. If for any reason, the buyer fail to remove any lots within the time specified, the lots shall be deemed abandoned and the auctioneer may re-sale, or remove from the auction site and/or store the said lots at buyers sole risk and expense. In addition, buyer shall be liable for any rent incurred or damages suffered by the auctioneer because of the buyers failure to timely remove any lot. Prior to the commencement of dismantling, rigging or cutting or any operation affecting buildings or land, buyer shall furnish certificates satisfactory to auctioneer, holding auctioneer and owner harmless for any claims concerning damage or injury to persons or property arising out of any such acts. All equipment used in connection with removal shall itself be removed with purchased lots.

IF FOR ANY REASON WHATSOEVER THE AUCTIONEER FAILS TO DELIVER AN AWARDED LOT, THE AUCTIONEER'S SOLE LIABILITY SHALL BE THE RETURN OF ANY DEPOSIT OR MONIES PAID FOR SUCH NON-DELIVERED LOT; THIS DOES NOT INCLUDE LOST OR STOLEN ITEMS.

All rights, privileges and powers reserved or granted to auctioneer in the Terms of Sale shall be deemed reserved and granted to auctioneer's employees, advertising representatives, and all owners for whom the lots are being sold.

Frank McInenly Auctions Ltd has put forth every effort, in preparing the advertising for this auction, to provide accurate descriptions of all items. All property is sold “as is” and it is the bidder’s responsibility to determine the exact condition of each item. Printed statements or descriptions by staff are provided in good faith and are matters of opinion.

To enable customers to participate in our auctions on the internet via Soldii.com, without the travel expense and lost time, buyers will pay an additional fee equal to 3% (Except Fire Arms See Box Below) of the purchase price when buying items on-line to a maximum of $975/Item. All Purchases must be paid for in Canadian Funds by cash, cheque or bank transfer within 2 Business Days and no articles to be removed until payment has been made in full. If Paying by Credit Card there will be an additional 2 1/2% fee applied. There is no fee to register, watch, listen or to bid. These fees apply only to internet buyers. Taxes on Fees Are Applicable to All Buyers. No charges or fees apply to unsuccessful bidders.

Example: If you buy a $10,000.00 item, your total purchase prices is $10,300.00 Plus applicable sales tax.

PURCHASING FIRE ARMS THROUGH INTERNET BIDDING - Firearms will be sold “as is” with the information provided as a guide only. The information provided is believed to be accurate, and is not a guarantee. Online Buyers will pay an additional fee of 10% of the purchase price when buying items online. All potential bidders will be required to provide a valid drivers license and valid Possession and Acquisition License to be approved for online bidding. Bidders must contact Frank McInenly Auctions Ltd. with a credit card number and the above mentioned licenses in order to be Approved. All Firearms will be shipped at the Buyers Expense.

WESTERN HERITAGE & ART AUCTIONS - All items will be sold “as is” with the information provided as a guide only. The information provided is believed to be accurate and is not a guarantee. Online Buyers will pay an additional fee of 10% of the purchase price when buying items online. All successful bidders will be required to pay shipping & handling expenses. All items could be returned to our warehouse and picked up at our warehouse or shipped at owners expense.

Our on-line auctions move quickly. If you are interest in an item,. Bid quickly. If you are a successful bidder for an item in the auction, you will be notified by e-mail immediately. Register early to assure your approval for bidding at the auction.

In order to better serve our customers, all bidders must provide their name, address, bank contact, daytime phone number, fax number, email address at which they can be contacted and a valid credit card (credit card will be held as security only unless authorized to provide as payment). Bidders may be asked to submit a bank letter of credit or approval. This is to insure good communication between Frank McInenly Auctions Ltd and the bidder throughout any transaction.

The auctioneer has the sole discretion to advance the bidding and may reject a nominal advance, should it, in his estimation, prove injurious to the auction. The auctioneer shall be the final judge in all bidding disputes and shall name which bidder is the purchases.

All sales are final. Acceptance of a final bid the by the auctioneer constitutes a legal, biding sales contract, pursuant to the terms and conditions as stated. Auctioned items are purchased as is with no return option.

The auction company reserved the right to refusals (approval to bid) anyone deemed to be a potential detriment to the conduct of the auction.

All announcements made day of the auction take precedence over any and all printed or verbal statements.

If you agree to the terms and conditions above, you may register for this event. Registering for this event, means you agree Frank

McInenly Auctions Ltd. Terms and conditions for this auction.

All property is sold “AS IS” and ALL SALES ARE FINAL. Property is open to thorough public inspection. It is the Bidder’s responsibility to determine, condition, age genuineness, value or any other determinative factor. Frank McInenly Auctions Ltd. May attempt to describe the merchandise in advertising, on the Internet and at the auction but makes no representations. In no event shall Frank McInenly Auctions Ltd. Be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose, Bidder shall be the sole judge of value. Frank McInenly Auctions Ltd is providing Internet pre-auction and live bidding as a service to bidder. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall bidder have any kind of claim against Frank McInenly Auctions Ltd or anyone else if the Internet service fails to work correctly before or during the live auction. Frank McInenly Auctions Ltd. will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should use the proxy-bidding feature and leave their maximum bid 24 hours before the auction begins. Frank McInenly Auctions Ltd. reserves the right to withdraw or re-catalog items in the auction.

It shall be the responsibility of the purchaser to insure his purchases immediately. All items purchased through the internet bidding will be kept in the possession of Frank McInenly Auctions Ltd. Until full payment is received and all packing and shipping costs are the responsibility of the purchaser.

Payments

All payments must be made in Canadian Funds by cash, cheque, or bank transfer within two business days after the completion of the auction. If paying by Credit Card there will be an additional 2 ½% Buyers Fee. No purchases may be removed until paid in full including all applicable taxes. Auctioneers reserve the right to refuse issuing a bidding card. Auctioneers make no guarantees or warranties expressed or implied, of any kind. This posting is only a guide, please inspect equipment.

Notice to U.S. Buyers

United States purchasers are required to pay in Canadian funds by wire transfer from their banks. Goods that are exported from Canada by a third-party carrier with appropriate documentation are exempt from Goods and Services tax.

Notice Regarding U.S. Information

Most United States manufactured equipment returns to the U.S. duty free. The importation of certain diesel engines (or equipment with diesel engines) is prohibited unless the diesel engine is covered by a U.S. EPA certificate of conformity. Some equipment may require modifications to meet U.S. import and safety regulations. To avoid potential problems, please contact your customs broker.