Name MACLEAN & ASSOCIATES FALL COLOURS AUCTION
Auctioneer MACLEAN & ASSOCIATES INC
Type Online-Only Auction
Date(s) 9/27/2018 - 10/25/2018
SOFT CLOSE THURSDAY OCTOBER 25TH BEGINNING AT 8pm WATCH YOUR LOTS!
Preview Date/Time PREVIEW IS BY APPOINTMENT ONLY PLEASE CALL 613-724-2845
Checkout Date/Time PICK UP IS FRIDAY OCTOBER 26th FROM 12pm - 6pm AND SATURDAY OCTOBER 27th FROM 10am - 4pm
Location 1523 LAPERRIERE AVE
OTTAWA, ON K1Z7T1
Buyer Premium 16% BUYERS PREMIUM
Description
MACLEAN & ASSOCIATES OCTOBER AUCTION BIDDING OPEN NOW! JEWELRY, ART GLASS, CANADIANA, TEAK, CHINA , CRYSTAL, FURS, DEPRESSION GLASS, ART, CRYSTAL, CHINA AND MUCH MORE! SOFT CLOSE THURSDAY OCTOBER 25th AT 8 P.M. WATCH YOUR LOTS! PICK UP IS FRIDAY OCTOBER 26th BETWEEN 12pm AND 6pm AND SATURDAY OCTOBER 27th BETWEEN 10am AND 4pm
Auction Terms & Conditions All items are sold "AS IS WHERE IS" with all faults. All descriptions are believed accurate but there is NO GUARANTEE OR WARRANTY EXPRESSED OR IMPLIED. Bidder inspection is encouraged by appointment only prior to the auction. By registering and placing a bid, BIDDER signifies that they have accepted without limitation all terms and conditions of the sale and have examined the items to their satisfaction, or BIDDER has chosen not to personally examine the items. MacLean & Associates Inc. reserves the right to reject any bid at our sole discretion. Online bidders acknowledge that the bid increment may be changed by a floor bidder who "breaks down" a bid resulting in a possible tie. The auctioneer will do his or her best to acknowledge the pre-bid but cannot and will not be responsible if a bid is missed. A floor bidder acknowledges that the online pre-bid may take precedence over the floor bid if ending in a tie. The floor bidder has the opportunity to advance their bid but the auctioneer reserves the right to decide. Applicable taxes will be applied to all purchases unless proof of exemption is provided. A buyers premium rate 16% for all purchases. Payment type is Visa, Master Card only. No cheques are accepted. Payment is due at the end of auction. All items must be PAID IN FULL to be claimed. Pick up and removal of your items MUST be made ON DATES SPECIFIED unless special arrangements have been made with MacLean & Associates Inc. Please bring assistance with your for large items. Bidder is responsible for all movement of purchased items and furniture. Failure to pick up will result in a $75 charge to your account or "UNCLAIMED" items will be considered "surrendered" to MacLean & Associates Inc. The "surrendered" items will be donated or resold to the account of MacLean & Associates Inc. No notice will be given. Shipping is at the expense and risk of the purchaser. The sale is subject to amendments & modifications throughout the cataloguing period or up to the live auction of a particular item, any person participating in the auction shall be bound by the following terms and conditions: 1.) MacLean (the auctioneer) hereby grants to the party whose signature appears on the bidders registration agreement or on the online registration form validated by registration of credit card, the right to use as shown here for the purpose of bidding at an auction sale to be conducted by auctioneers. Such right or option is sold and may be revoked at any time. 2.) The bidder hereby further agrees that whether he or she is acting as principal and agent or an officer or director of a Corporation or otherwise in any capacity whatsoever the bidder is personally liable for the payment of the purchase price and taxes payable with respect to any and all lots for which the bidder shall be successful bidder at the auction. 3.) Bidder acknowledges he or she has received to read and understands these terms one through 18 printed here and agrees to comply and be bound by such. 4.) The balance of the purchase price may be full paid in full before it or immediately after the conclusion of the auction. The bidder acknowledges and understands that if the bid is successful the purchase price shall be the hammer price plus the applicable buyer's premium and any and all taxes. All payments shall be way of Visa or MasterCard . All online bidders registered to allow the auctioneer to process their purchases with credit card used for registration. 5.) Cash debit or wire transfer may be accepted for entire purchase with prior arrangements made with the auction house. 6.) Applicable taxes shall be paid to the auctioneer at the time of the sale. Purchases claiming exemptions from taxes shall provide proof of satisfactory to the auctioneer of the entitlement to such claim of exemption. In the absence of proof satisfactory to the auctioneer taxes shall be paid by the purchaser. 7.) All articles will be sold to the highest bidder conforming to the bid process provided but that the auctioneer reserves the right to sell articles by individual group blocks and on blocks, as he or she deems appropriate. The auctioneer reserves the right to sell on behalf of third parties, its own account, or the account of others. Should any dispute arise between two or more bidders or as to any bid, the lot in question may, at the auction's discretion, be withdrawn, immediately put up again and/or resold. The auctioneer shall regulate all matters relating to the conduct of the option and his or her decision shall be final and binding on all bidders. 8.) The highest bidder shall be the buyer and any disputes to the bidding shall be settled by the auctioneer at its sole discretion and the auctioneer may, at its discretion put any lot in dispute up for sale again. Any lots with “reserves set by consignor” that do not meet the reserve, may not be sold unless approved by the consignor. The auctioneer is to regulate the bidding and be the sole arbitrator. No bidder may retract his or her bid. 9.) All sales are final and on “as is, where is” “in place with all faults” basis with no conditions or warranties whether expressed and implied statutory or otherwise including without limitation, warranties or conditions, as to title, description, fitness for purpose, quantity, quality, merchantability, state condition, location or otherwise. No sales shall be invalidated and the auctioneer shall have no liability for a miss-description of any article or lot whether contained in a catalogue, advertisement or otherwise. Descriptions had been prepared for God's purposes only and shall not be relied upon by the purchaser for accuracy or completeness. Please inspect all items before bidding. Purchasers shall be deemed to have relied entirely upon their own inspection and investigations. 10.) No article shall be removed unless paid for in full and all articles purchase shall be removed within two days of the auction date. The purchaser shall be responsible for all costs of removal and shall be liable for any damage including without limitation any environmental damage caused during or as a result of the removal. Purchasers shall comply with all environmental laws and regulations and all requirements established by the auctioneer for removal of articles including requirements as to bonding of movers. 11.) Where available documents of transfer including motor vehicle ownership documents which are in the possession of the auctioneer will be provided to the purchaser following the auction, within seven days, or as soon thereafter as such documents become available. 12.) The bidder grants to the auctioneer a security interest in purchasing to secure payment of the purchase price. In the event of non-payment the auctioneer may proceed to file the bidder registration agreement as a financing statement to perfect the security interest granted by the security agreement. 13.) There shall be no guarantees or warranties express or implied statutory or otherwise or any nature whatsoever in respect to the lot offered at auction. Each and every lot will be sold “as is, where is”. Specifically, but without limitations, auctioneers make no represent total or warranty that any of the lots: conform to any standard in respect of safety pollution or hazardous material or to any standard or requirement of applicable authority law or regulation or are fit for any particular purpose or use or are mechanical or financial or are of any particular age year of manufacture model make or condition. Bidder agrees he or she is satisfied himself or herself and is not relying on auctioneers nor our auction is liable for any matter in respect to the above bitter further agrees to repair at his or her cost any law purchased at the auction to a safe operating condition and without limitation to a condition which meets any standard or requirement of the applicable authority of law or regulation including those concerning any use to which the lot may be put. 14.) If the auctioneer is unable to deliver an article sold to the purchaser due to any reason whatsoever the auctioneer shall reimburse the purchaser for all monies paid to the auctioneer in spite of the article and the auctioneer shall have no further liability to the purchaser arising from or relating to such loss including without limitation any damages for loss or loss of profits. 15.) The auctioneer reserves the right to refuse any applicant the privilege of bidding or attending at the auction and may revoke such privileges at any time. 16.) Time shall be of the essence. If a purchaser fails to make payment or remove goods within the time periods hereinabove provided the auctioneer may resell the article purchased by auction private contract or otherwise as the auctioneer in his or her discretion deems advisable. The purchaser shall be liable for the shortfall in any or all costs and expenses including but not limited to legal fees moving and storage a minimum rate of each five dollars per square foot per month and commissions incurred in such resale. 17.) Bidder acknowledges that an auction site is a potentially dangerous place. Every person at the auction site before during and after the auction shall be deemed to be there at his or her own risk with notice of the condition of the premises the activities on the premises and the conduct of third parties and the bidder shall so advise his agents and employees. No person shall have any claim against the auctioneers their agents and employees principles for any injuries sustained nor for damages to or loss of property which may occur from any cause whatsoever. 18.) A separate buyer's premium will be added to the sale price of each item. Every item sold is as is where is, no guarantees or warranties whatsoever, please inspect the items before bidding, all sales are final, no exceptions. --------------------------------------------------------------------------------------- Sebae Data Solutions, Inc. SERVICE TERMS AND CONDITIONS ACCEPTANCE OF TERMS Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap USE AND REGISTRATION Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC. REGISTRATION OBLIGATIONS In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).  DESCRIPTIONS OF SERVICE Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections. HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions.  The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding.  INTERNET ABSENTEE BIDDING Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction. INTERNET-ONLY AUCTIONS Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction. WEBCAST AUCTIONS Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live". Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid. When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels). The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions. Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration. Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms. BIDDING The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal. Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement. The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers. Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers. THE WINNING BID The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid. NOTICE OF END OF SALE, PAYMENT & SHIPPING After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions. BUYER'S PREMIUM, TAXES AND DUTIES If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it. PRIVACY We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. COPYRIGHT All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose. SPECIAL ADMONITIONS FOR INTERNATIONAL USE Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. DISCLAIMER OF WARRANTIES You expressly understand and agree that: a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected. c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC. LIMITATION OF LIABILITY You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. EXCLUSIONS AND LIMITATIONS Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you. INDEMNITY You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. LEGAL COMPLIANCE You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items. GENERAL INFORMATION The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Your bid must adhere to the bid increment schedule.
Bid Amount Bid Increment
0.00 - 45.00 5.00 CAD
45.01 - 290.00 10.00 CAD
290.01 - 1,000.00 20.00 CAD
1,000.01 - 9,999,999.99 20.00 CAD
Currency CAD
Buyer Premium 16% BUYERS PREMIUM
Payment Terms
Visa, MC,only. Sorry we do not accept "Visa Debit" for online purchases. Cash or Debit by special arrangement 16% buyers premium 13% HST will be charged on all purchases
Some helpful information to prepare you for pick up of your items. OUR WAREHOUSE- 613-724-2845 1523 Laperriere Ave. Ottawa. PICK-UP DATE: FRIDAY OCTOBER 26th BETWEEN 12pm AND 6pm SATURDAY OCTOBER 27th BETWEEN 10am AND 4pm Movement of sold goods is the responsibility of the purchaser. PLEASE BRING ASSISTANCE WITH YOU IF YOU HAVE LARGE HEAVY ITEMS. DELIVERY - Call Ryan from True Blue Movers at 613-294-9904 to arrange independently to have your items delivered. PLEASE ADVISE THE WAREHOUSE if you are making arrangements for delivery so we may release your items. CALL 613-724-2845 FAILURE TO PICKUP - A $20 per day fee may be charged following the allocated PICK UP DAYS and $40 per day if items are left more than one week. SHIPPING - We are happy to assist you with the shipment of goods. Shipping arrangements may be made by calling the warehouse. Please ask for Greta. A $35 handling fee is applied and you may choose the method or company to ship by. Shipping fees are the responsibility of the buyer. Thank you! Team MacLean & Associates Inc.