UPDATED TERMS AND CONDITIONS, These apply to all customers!

BY BIDDING IN THIS AUCTION, YOU AGREE TO BE BOUND BY THESE TERMS AND TO

ABIDE BY ALL PAYMENT AND PICKUP TERMS INCLUDED HEREIN AND POSTED

ELSEWHERE IN THIS AUCTION.

As-Is, Where-Is

All items sell ”as is, where is”; Items may need unknown repairs (tires, batteries, maintenance, etc.) even if owners represent them as being in running order. Buyer beware.

We inspect several items, but do not have the capacity to personally examine every lot.

These are used items — no guarantees are made.

Licensable Items

Licensable vehicles, trailers, and similar items will not be released — and no paperwork or keys will be provided — until payment has cleared via bank draft, wire transfer, money order, or other certified funds. This requirement may be waived only for buyers with a proven good buying history with the auctioneer.

Rechargeable Items

There is no guarantee of the condition or functionality of rechargeable batteries or battery chargers.

Errors and Omissions

The Auctioneer and/or owners are not responsible for errors or omissions in advertising or item descriptions. While we strive for accuracy, discrepancies may exist. It is the bidder’s responsibility to verify all information before bidding.

Right to Refuse Bidding Privileges

The Auctioneer reserves the right to deny bidding privileges to any individual at their sole discretion.

Buyer’s Premium

A 10% Buyer’s Premium applies to all items, capped at a maximum of $100 per lot on lots selling for under 10,000.00.

Items selling from 10,0001-49,999.00 are subject to $150.00 Buyer’s Premium,

Items selling for 50,000 and over are subject to $200.00 Buyer’s Premium.

Applicable Taxes

Applicable taxes (5% GST and 7% MB PST) will be applied to all purchase prices as required by law.

Successful Bids and Payment

Successful bidders will be contacted by Garton’s Auction Service via email with instructions for payment and pickup. Payment arrangements must be made immediately after notification.

Accepted Payment Methods

Accepted methods: cash, VISA/MasterCard (3% service fee), e-transfer, or good cheque. Items will not be released until all funds have cleared.

NSF or Stopped Payments

NSF cheques or stopped payments are subject to a $100 fee plus all bank charges, legal fees, and associated collection costs.

All Sales Final

All sales are final. No returns, refunds, or exchanges.

Risk of Loss

Risk of loss or damage to purchased items passes to the Buyer upon full payment. The Auctioneer will not be responsible for damage or theft of items after this point.

Default by Buyer

If the Buyer fails to pay or pick up items as required, the Auctioneer may resell the items and retain any deposit or partial payments. The Buyer will remain liable for any deficiency, costs of resale, legal fees, and related charges.

Bid Retraction

Bids may not be retracted without express written permission of the Auctioneer. Unauthorized retractions will not be honored.

Indemnification

The Buyer agrees to indemnify and hold harmless the Auctioneer, its agents, and the Seller from any claims, losses, or liabilities arising from the possession, resale, or use of purchased items.

Force Majeure

The Auctioneer shall not be held liable for delays or non-performance due to circumstances beyond its control, including natural disasters, extreme weather, power or internet outages, pandemics, labor disputes, or government restrictions.

Privacy Policy

In compliance with the Personal Information Protection and Electronic Documents Act, Garton’s Auction Service declares that personal information collected will not be sold or disclosed to outside parties unless required by law.

Cybersecurity Disclaimer

Garton’s Auction Service is not responsible for losses due to cybersecurity incidents or breaches, including unauthorized access to information transmitted via email or online platforms.

Governing Law

These Terms and Conditions shall be governed by the laws of the Province of Manitoba. Any disputes shall be subject to the exclusive jurisdiction of Manitoba courts.

Disclaimer

Every effort has been made to ensure accurate and complete sale details. Garton’s Auction Service accepts no responsibility for discrepancies between printed and online advertising. Contact us directly to confirm sale date, time, location, and item details. Auctioneer and owners are not responsible for accidents, injuries, or property damage occurring on-site.