- New bidders must pay a $400 CAD deposit prior to bidding. This deposit is refundable if no bids are won or once your invoice is fully paid. Please note that the deposit is not deducted from your purchase invoice.
- By agreeing to these Terms and Conditions, you are authorizing Canadian Medical Auctions to process a deposit of $400 CAD.
- Buyer’s Premium: 20% (all purchases are subject to a buyer’s premium, which is charged at 20% of the hammer (bidding) price).
- All prices exclude HST.
- All payments and collections to be completed within 5 working days from close of the auction - please note that if paying with an international credit or debit card, there will be a 3.95% charge or any cash deposits will be subject to 1.1% fee.
- If a buyer does not complete the purchase transaction within 5 working days of the close of the auction then they will be liable for a 30% of the value of their invoice restocking fee without exception and the deposit will be withheld.
- It is the buyer’s responsibility to arrange collection.
- By placing a bid in an auction you are entering into a legally binding contract to complete the purchase.
- Please see below for full Terms and Conditions.
Terms and Conditions
Canadian Medical Auctions is a company registered in Canada, corporation number 002802553 whose registered office is at 1496 Tanner Court, Oakville ON L6M 2Z3. HST Registration number 79246 2145 RT0001. The following terms and conditions listed below will be governed by the laws of Canada to form a legal agreement between you ’Buyers’ and Canadian Medical Auctions Limited ‘CMA’ or ‘Canadian Medial Auctions’.
For more information please contact us on +1 (289) 835 3238.
BUYERS ACKNOWLEDGE THAT A SALE BY AUCTION IS NOT A CONSUMER TRANSACTION, SALE OR CONSUMER SALE FOR THE PURPOSES OF THE SALE OF GOODS ACT, RSO 1990, C. S.1, (AS AMENDED) OR BY THE CONSUMER PROTECTION ACT, 2002, SO 2002, C 30, SCHED A (AS AMENDED) AND THE BUYER SHALL NOT SEEK TO RELY UPON ANY CONDITIONS OR WARRANTIES IMPLIED THEREBY OR BY ANY OTHER LEGISLATION OR BY THE COMMON LAW. ALL ITEMS/LOTS ARE SOLD “AS IS, WHERE IS” WITH NO GRADING OR GUARANTEES IRRESPECTIVE OF CONDITION, WEAR, DAMAGE, AND WITH ALL FAULTS.
All prices exclude Harmonized Sales Tax (“HST”). All taxes arising from sales will be charged to Buyers, and will be added to the purchase price. Canadian Medical Auctions may refund the HST paid by the Buyer on the production of a completed bill of lading or relevant export document to the satisfaction of Canadian Medical Auctions.
The auctioneer reserves the right to, at its discretion, contact any bidders to collect a partial invoice payment during the live auction. Unknown/first time or previously slow paying bidders will have an $8,000.00 CAD purchase limit. To reinstate the bidding account, the bidder must make a $4,000.00 CAD payment against their current invoice. Additionally, a $400.00 CAD deposit will be collected on the credit card used at the time of registration for the auction event. The deposit will be refunded to non-winning bidders. The $400.00 CAD deposit will be held by Canadian Medical Auctions for any first time or unknown bidders until the full invoice amount is paid at the close of the auction event by the accepted forms of payment. If the total invoice amount including, but not limited to sale price, HST and buyer's premium is less than the deposit, then the remaining deposit funds will be refunded to the winning buyer's credit card. All outstanding invoices must be paid within five business days of the auction. Outstanding invoices beyond five working days will be considered abandoned (see point 13). On-line buyers should be aware that any payment due that is not received in cleared funds by Canadian Medical Auctions will be taken from the credit card or debit card provided during registration.
Buyers agree to pay the purchase price in full. All outstanding invoices must be paid within five (5) business days of the auction. Outstanding invoices beyond five working days will be considered abandoned. On-line buyers should be aware that any payment due that is not received in cleared funds by Canadian Medical Auctions will be taken from the credit card or debit card provided during registration. Canadian Medical Auctions will charge a Buyer’s premium of 20% of the final sales price + HST. This will be added to hammer price.
Payments by cash will be limited to $5,000.00 CAD.
No purchases may be removed until full payment has been received.
BUYERS OR THEIR AGENT(S) MUST PAY FOR, ACCEPT DELIVERY, AND REMOVE THE ITEMS/LOTS PURCHASED. BUYERS ARE SOLELY RESPONSIBLE FOR: PACKAGING, LOADING, REMOVING, SHIPPING AND ALL OTHER COSTS ASSOCIATED WITH REMOVING THE ITEMS/LOTS; ALL RISK OF LOSS, DAMAGE AND PERSONAL INJURY CAUSED BY REMOVING THE ITEMS/LOTS; REPAIRING AND RESTORING ANY LOSS OR DAMAGE CAUSED BY REMOVING THE ITEMS/LOTS; PROVIDING ADEQUATE INSURANCE FOR THE ITEMS/LOTS FROM THE FALL OF THE HAMMER, AND CANADIAN MEDICAL AUCTIONS RESERVES THE RIGHT TO REQUEST A COPY OF THE INSURANCE POLICY AT ANY TIME.
Items/lots must be paid for and removed within five working days of the auction. Items/lots not paid for and removed within the required time frame will be subject to a 30% (of invoice value) re-lotting fee, without exception.
Buyers are responsible for checking the quantities of the items/lots purchased. No adjustments in quantities will be made after the items/lots are collected by Buyer or Buyer’s agent.
ACCEPTANCE OF BID IS A COMMITMENT TO PURCHASE AND IS A LEGALLY BINDING CONTRACT ON BUYER, ITS PRINCIPALS, AND/OR AGENTS. ONCE A BID IS ACCEPTED, NEITHER CANADIAN MEDICAL AUCTIONS NOR OWNERS WILL BE LIABLE FOR ANY LOSS, SHORTAGE, DAMAGE OR LIABILITY ARISING FROM OR AS A RESULT OF ANY REASON WHATSOEVER, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, ANY ACT OR OMISSION, STRIKES, INDUSTRIAL DISPUTES, CIVIL DISRUPTIONS, WAR, TERRORISM, NATURAL DISASTER, ACTS OF GOD, AND/OR ANY OTHER EVENT OR OCCURRENCE IN OR BEYOND CANADIAN MEDICAL AUCTION’S OR OWNER’S CONTROL. BUYERS ARE ADVISED TO PRE-ARRANGE INSURANCE COVERAGE OF THEIR PURCHASES ON AWARD OF BID.
IF, FOR ANY REASON WHATSOEVER, CANADIAN MEDICAL AUCTIONS FAILS TO DELIVER AN AWARDED ITEM/LOT, THE CANADIAN MEDICAL AUCTION'S SOLE LIABILITY SHALL BE THE RETURN OF ANY DEPOSIT OR MONIES PAID ON SAID ITEM/LOT, AND BUYER SHALL HAVE NO FURTHER CLAIM WHATSOEVER INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES. ITEMS/LOTS MAY BE OFFERED SUBJECT TO A RESERVE PRICE WITHOUT NOTICE TO THE BIDDERS.
Canadian Medical Auctions may, at their sole discretion, without reason, notice or liability of any kind, at any time prior to or after commencement of any auction, but prior to close of bidding, alter, withdraw or vary any or all items/lots, refuse to accept any bid or terminate bidding on any or all items/lots, or cancel an auction entirely.
The advances, progression, and rules in the bidding shall be regulated at the sole discretion of Canadian Medical Auctions. Canadian Medical Auctions reserves the right not to acknowledge or accept any bid. Canadian Medical Auctions further reserve the right to refuse any bid for any reason.
Quantities, descriptions, weights, measurements, dimensions, serial and machine numbers, year and models set out on the items/lots in the auction brochures, catalogues, any advertisements, seller information, and/or invoices or reports are believed to be accurate. However, Canadian Medical Auctions, owners, or agent(s) are not responsible or liable for any discrepancies, inaccuracies or failure of the items/lots to correspond with any written or verbal representation of such information made by or on behalf of either the Canadian Medical Auctions or owner, or any perceived or expected standard or custom, or any other particulars such as the genuineness or authenticity of any items/lots. No item/lot shall be sold or deemed sold by description or such information and Buyer shall not be entitled to rely thereon. All such information is given by way of identification only and no warranty, condition, representation or guarantee is made, given or is to be implied. Canadian Medical Auctions and/or owner are not responsible or liable for any damage or loss (direct, indirect, consequential or otherwise) arising as a result of any inaccuracy in respect thereof.
Items/Lots are available for inspection prior to auction during the allocated office hours as indicated in the online auction catalogue, found at auctions.canadianmedicalauctions.ca. Buyers or their agents must satisfy themselves that they wish to participate in the auction.
Canadian Medical Auctions Limited trading as Canadian Medical Auctions will collect information from you “Buyer/s” before you are able to participate in any auction. The information collected by Canadian Medical Auctions included but is not limited to: First Name, Last Name, Company Name, Company Number, HST Number, Billing Address, Shipping Address, Phone Number, Email Address.
All personal information provided to Canadian Medical Auctions by the Buyer will be treated confidentially and shall not be passed to third parties, except where necessary to complete the sale of the items/lots. Canadian Medical Auctions may disclose such confidential information as is required to be disclosed by law, any governmental or regulatory authority or by a court of competent jurisdiction.
Buyers can obtain access to their personal information to review, update and correct by writing to info@canadianmedicalauctions.ca.
Buyers and Sellers may withdraw personal information by writing to info@canadianmedicalauctions.ca.
All privacy related inquiries are to be made to info@canadianmedicalauctions.ca.
Requests to withdraw personal information could prevent Canadian Medical Auctions from being able to provide services to the buyer.
This policy was last updated April 26, 2021.
If any part of the terms and conditions is deemed unenforceable, the enforceability of any other part of the terms and conditions shall remain unaffected.
These terms and conditions contain the whole agreement between the parties in respect of its subject matter and supersedes any prior written or oral agreement between them relating to it and the parties confirm that they have not entered into the acceptance of these terms and conditions on the basis of any representations that are not expressly incorporated in the terms and conditions. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the terms and conditions, but nothing shall limit or exclude any liability for fraud. The parties to these terms and conditions do not intend that any term of the terms and conditions shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
SALE OF GOODS ACT, RSO 1990, C. S.1, (AS AMENDED) OR BY THE CONSUMER PROTECTION ACT, 2002, SO 2002, C 30, SCHED A (AS AMENDED) does not apply to the terms and conditions.
These terms and conditions, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with Canadian law.
Each party irrevocably agrees that the courts of Canada shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms and conditions or its subject matter or formation (including non-contractual disputes or claims).
These terms and conditions may not be changed, amended or modified except by Canadian Medical Auctions, and maybe changed and modified by Canadian Medical Auctions at any time.
All materials including images, illustrations, designs, icons, photographs, and written and other materials that are a part of any auction brochures, catalogues, any advertisements, seller information, and/or invoices or reports are copyrights, trademarks and/or other intellectual property owned and controlled by Canadian Medical Auctions.