Lot # : 317 - Window - Casement

***This is an Online Auction ONLY, all items are sold As-Is/Where-Is*** Terms and Conditions Agreement (“Agreement”) between: Tweed Auctions Inc. And the Registrant/Bidder (“you”) Thank you for taking the first step in participating in our online auction. Before beginning, it is your responsibility to carefully review the foregoing Terms and Conditions, including any changes that may happen from time to time. It is imperative that you read these Terms and Conditions in their entirety. It is your responsibility to seek independent legal advice for any failure to understand the terms, conditions and/or liability for participating in any of our auctions. 1. Acceptance of Terms: a. By participating in this online auction and registering, you (the "bidder" or “you” or “your”) agree to abide by these Terms and Conditions as specifically set out herein below and such other Terms and Conditions that may be amended from time to time. b. By participating in this online auction, you further agree to our limited liability clauses and agree by your conduct of participation you accept such Terms and Conditions as may be amended from time to time. This shall form a binding contract by you with Tweed Auctions Inc. 2. Eligibility: a. You must be at least 18 years old and legally able to enter into a contract to participate in our auctions. 3. Registration: a. To bid in our auctions, you must register and create an account on our platform. You agree to provide accurate and complete information during the registration process. Once approved, you will be given a name and password to access and bid on the auction website and you shall be entitled to bid on eligible items. b. It is imperative to enter your information accurately. There shall be no changes to the registration information, unless specifically agreed by Tweed Auctions Inc. c. A registered bidder shall be personally and financially responsible for all winning bids. This includes the amount for the bid plus the buyer’s premium, applicable taxes, the cost of insurance of the item purchased, and removal of the item from the holding yard. d. Registered users may be subject to a credit check or a qualification process by Tweed Auctions Inc., in their sole and absolute discretion. e. You agree not to disclose your username or password to any other person or entity for bidding. f. Tweed Auctions Inc., reserves the right to approve, reject or revoke any registration at any time without notice or explanation. 4. Effective date a. The effective date of the terms of this Agreement shall be the date of registration, however any updated terms shall be effective as at the date of logging in to place a bid. 5. Location a. All auctions shall be held online; however, the items shall be located at the address listed on the online bidding website, unless otherwise stated. b. The location of the holding yard will be listed on the website, inclusive of dates and times for inspections and/or pick-up of items. 6. Inspection a. At Tweed Auctions Inc., we strive to provide accurate descriptions, but we do not guarantee the accuracy or completeness of any description, or the use, quality, or fitness of any items that are listed for sale and open for bidding. b. All items are sold "as is"; and & "where is"; with no warranties or guarantees. It is the responsibility of the bidder to inspect the items before placing a bid. c. All items will be listed on the website in advance of the auction but shall be located at the holding yard for viewing prior to the auction. d. Inspection dates and times shall be listed in advance of an auction on the website. 7. Bidding a. By placing a bid on an item, you are making a legally binding offer to purchase that item at the price you have bid. Once a bid is placed, it cannot be retracted. b. All bidding dates, times and rules and regulations will be listed on the website, which may be amended from time to time. c. It is your responsibility to confirm the bidding process and become familiar with any rules and regulations in advance of making a bid. d. No person shall bid on a lot for which they are a consignor or agent of a consignor. e. There may be a reserve on an item, which will be expressly outlined, however the reserve amount will not be disclosed. f. All sales are final. 8. Item(s) a. While Tweed Auctions Inc., strives for accuracy, there may be errors or incorrect information or descriptions. b. Any description of the items, equipment, lot(s), or pictures of the item(s) are merely a guide. Therefore, it is your obligation to attend to inspect any item you wish to bid on and investigate the item and lot number. c. Tweed Auctions Inc. makes no representation whatsoever with respect to any degree of accuracy as it pertains to the year of manufacturer, fitness, quality, use, warranties, odometer and/or hour meter that may be indicated, displayed, or otherwise shown. All items are sold “as is” and “where is”. Tweed Auctions Inc., maintains the right to amend, add, delete, or change lots during any online auction without limitation. d. Tweed Auctions Inc. may from time-to-time list items for bidding that are motorized, require licensing, or permits. e. Tweed Auctions Inc., cannot guarantee, neither does it represent that any odometer, hour meter, quality or fitness of any item or year built. f. Tweed Auctions Inc. does not represent or warrant that any vehicles sold “as is” are road worthy or fit for use. Such items may require substantial repair and may have significant defects. g. Tweed Auctions Inc. does not offer any services to certify vehicles. This shall be the responsibility of the successful bidder of an item. h. Temporary permits to allow a vehicle to be driven must be obtained by Tweed Auctions Inc., unless otherwise agreed in advance. However, in no such case shall Tweed Auctions Inc. be able to obtain a temporary permit for a vehicle deemed unfit. i. Trailer plates may be available from Tweed Auctions Inc., at a cost for the Service Ontario fee, which such fee shall be paid to Tweed Auctions Inc. by you and arranged in advance of pick-up. j. Ownerships for items that have ownerships will be transferred to a successful bidder within 14 business days after full payment. k. It is your responsibility to do your due diligence prior to making a bid on any item sold. All risks associated with your purchase shall become your responsibility immediately upon winning a bid. l. It is your responsibility to insure your item immediately upon winning a bid, specifically from the time you win to the time you remove the item from our holding yard and thereafter as you deem necessary. 9. Auction process a. All items that are open for bidding has specified time limits for bidding before closing. Such time limits may be extended, altered, or made a soft time limit by Tweed Auction Inc., in their sole and absolute discretion. b. It is your responsibility to check the website for dates and times, including closing times and procedures. c. It is further your responsibly to verify your internet connection and security. The bidding process, including any closing times or extensions shall be described on the website which may be subject to change from time to time. d. Tweed Auctions Inc. takes no liability in any connection errors, program/website glitches, change in auction dates or times, internet stability or otherwise that may result in a lost bid or opportunity to you. 10. Winning Bids a. Subject to an item having a reserve that must be met, the highest bid at the closing time of an item on the auction date will be the winning bid. An item that has a reserve and the reserve was not met shall deem the highest bidder to have lost the bid. b. The winning bidder will be notified by email and must complete the purchase within the specified period specified on the bidding website. This information will also be included in an e-mail to the successful bidder. c. Any discrepancy shall be resolved by Tweed Auctions Inc., in their sole and absolute discretion. d. A registered user that wins the bid at the close of the item on the date of the auction agrees that they have entered a legally binding and enforceable contract for the purchase of the item and removal of the item by the specified date. e. The amount of the winning bid shall be subject to the buyer’s premium and applicable taxes (HST (Harmonized Sales Tax)) 11. Sales a. All sales are final. The item must be paid in full prior to Tweed Auctions Inc., releasing the item. 12. Invoices a. The invoices shall be made in the name of the registered bidder, unless expressly agreed by Tweed Auctions Inc., and the successful bidder. If Tweed Auctions Inc. agrees to provide an invoice to a different name, or accept payment from a person, corporation, or entity other than a registered bidder, the registered bidder shall remain responsible for and be liable to all the terms and conditions set out in this Agreement. 13. Payment a. All payments must be made in full within the specified period listed on the website in accordance with this Agreement and any terms and conditions of payment sent to the successful bidder. b. All payments must be made by an accepted payment method. Tweed Auctions Inc., accepts cash, certified cheque, bank drafts, e-transfer, and Credit Cards (up to a maximum of $15,000.00) that only include: Visa or Mastercard. c. Failure to make payment may result in the cancellation of the sale and the imposition of additional fees and damages as assessed against you by Tweed Auctions Inc., in accordance with this Agreement. 14. Currency a. All currency and payment forms shall be in Canadian funds. 15. Buyer's Premium a. A buyers premium will be added to the winning bid amount. The amount of the buyer's premium, unless otherwise advised is 10% plus HST. 16. Release of Item/Pick-up a. Items located at the holding yard will be released on the dates and times specified on the auction website and/or e-mail to the winning bidder after the auction is closed. b. A winning bidder shall only be released an item after presenting the invoice that the item has been paid in full. c. In no circumstances shall the holding yard be obligated to release the item to a winning bidder without proof that the item has been fully paid and the winning bidder or agent has authority to pick-up the item. d. It is the buyer’s responsibility to have adequate equipment, help and insurance to obtain and secure any item won. e. Tweed Auctions Inc. takes no liability for any damage, injury or claim for which you or your agent may sustain while attending to pick-up your item(s). You, as the registered bidder indemnity's and holds Tweed Auctions Inc. harmless from all causes of actions whatsoever caused for you or your agent or anyone attending the holding yard to pick-up your item. f. While Tweed Auctions Inc. may have equipment or employees to help load items, this is for convenience only and shall not be the responsibility of Tweed Auctions Inc. g. It is agreed by you that Tweed Auctions Inc., shall not be liable to any damage to the item(s) or the person or property that is picking up the item, if Tweed Auctions Inc., helps move or load an item at your request. h. The winning bidder shall pick-up or arrange for the pick-up of an item or items won within the deadline stipulated on the website. This shall be no later than 14 days from the close of the auction, unless otherwise stipulated. Any item not picked up by that date shall be deemed to be abandoned and considered to be forfeited to Tweed Auctions Inc. in their sole and absolute discretion. i. If an item is forfeited, Tweed Auctions Inc. shall be entitled to seek all legal recourse in Tweed Auctions Inc., sole and absolute discretion against the winning bidder for payment of the item and any damages. This includes but is not limited to the costs for removal or disposal of the item(s), interest, buyers and sellers premium plus HST and legal fees necessary for the enforcement of these terms and conditions. 17. Insurance a. It is your responsibility to obtain adequate insurance for and against all losses subsequent from you winning the bid and closing of an item on the auction date until the removal of the item or items from the holding yard. 18. Disputes a. In the event of a dispute, our decision will be final. Tweed Auctions Inc. reserves the right to cancel any sale at its discretion. 19. Jurisdiction a. By registering, you agree to attorn to the jurisdiction listed on these terms and conditions for any dispute or claim however so caused. b. The Belleville Superior Court of Justice, Ontario, Canada shall have the exclusive jurisdiction for any claim as against Tweed Auction Ltd. or any claim as against you. c. Tweed Auctions Inc. reserves their right to assign any and all rights for any claim whatsoever for your failure to complete the purchase of a winning bid, or pick-up the item from the holding yard to anyone in their sole and absolute discretion, which shall include the owner/consignor of the item(s). In addition, Tweed Auctions Inc., shall be entitled to provide the assignee or owner/consignor information necessary for collection and or damages sustained for your failure to abide by this Agreement. 20. Cancellation a. We reserve the right to cancel or suspend any auction at any time for any reason whatsoever. It is your responsibility to check the dates and times for any online auction. 21. Privacy a. You agree we may collect and use your personal information in accordance with our privacy policy, which you agree to accept as part of these Terms and Conditions. 22. Changes to Terms a. We reserve the right to change these Terms and Conditions at any time without notice and such amendment to the terms and conditions shall be effective as of the date in which it is posted. It is your responsibility to review them regularly. 23. Limited Liability and Indemnification a. By agreeing to register to use the website you hereby irrevocably agree to the following limited liability provision: I. To the maximum extent permitted by law, in no event shall Tweed Auctions Inc., its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct or indirect, aggravated, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, this service. II. Under no circumstances will Tweed Auctions Inc. be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein. III. To the maximum extent permitted by law, Tweed Auctions Inc. assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein. IV. Notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the lesser of (a) fifty CDN dollars ($50) or (b) the value of the product sold. V. You agree to indemnify, defend, and hold harmless Tweed Auctions Inc. its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Service from and against all losses, expenses, damages, and costs, including reasonable legal fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service using your account. VI. In particular, you agree to indemnify and hold Tweed Auctions Inc. harmless from and against any liabilities, costs, damages, and expenses (including settlement costs and legal fees) arising from any claims from any third party due to, or arising out of, your use of the product sold through our online auction, your violation of these Terms, or your violation of any rights of a third party. VII. Your indemnification obligation will survive the termination of these Terms and your use of the Service. 24. Headings b. The section headings contained in this Agreement are for convenience only and do not affect the meaning or interpretation of any term of this Agreement.