TERMS AND CONDITIONS GOVERNING THE USE OF RITCHIE BROS. ONLINE BIDDING SERVICES
(revised July 1, 2011)
Ritchie Bros. Auctioneers Incorporated ("RBA") offers visitors to its web site at rbauction.com the opportunity to bid live and in real time at RBA auctions ("Online Bidding Services"). RBA reserves the right, at our sole discretion, to add, delete or change some or all of the Online Bidding Services at any time without notice.
The following Terms and Conditions govern the use of Online Bidding Services (the "Online Bidding Terms and Conditions") and must be accepted, without modification, before you may access Online Bidding Services.
The Online Bidding Terms and Conditions, together with any additional terms and conditions specific to a particular auction as listed in the Bidder Registration Agreement for that auction, constitute the entire agreement (the "Agreement") between you and RBA regarding the use of Online Bidding Services with respect to that auction. Where RBA has provided you with a translation of these Online Bidding Terms and Conditions, such translation is provided for your convenience only; the English-language version of the Online Bidding Terms and Conditions shall govern your relationship with RBA. To the extent there is any inconsistency between the English-language Online Bidding Terms and Conditions and any provided translation, the English-language version shall take precedence.
As used in these Online Bidding Terms and Conditions, "you" are an individual acting on your own behalf, or an agent of a person or entity that has authorized you to act on their behalf; "we" and "us" mean RBA.
RBA reserves the right, in our sole discretion, to allow or deny access to Online Bidding Services to any party.
Upon acceptance of your application for access to Online Bidding Services, you will receive a permanent identification number that will identify you whenever you place bids using Online Bidding Services (your "Online Bidding Internet Bidding Number"). You are responsible for all activities that occur using your Online Bidding Internet Bidding Number.
An administrative fee will be charged on every lot sold:
- 2.5% fee on lots selling for more than 2,500, up to a maximum of 950 per lot (in the currency of the auction, or in the case of Japan, up to a maximum of 95,000 Yen for lots selling for more than 250,000 Yen)
- 10% fee on lots selling for 2,500 or less (in the currency of the auction, or 250,000 Yen in Japan)
General Eligibility for Access to and Use of Online Bidding Services
By accepting these Online Bidding Terms and Conditions, you warrant that: (i) you are at least 19 years of age and possess the legal capacity to participate in RBA auctions; (ii) you will be financially responsible for your use of the Online Bidding Services; and (iii) you will be responsible for any usage by minors or any other party of Online Bidding Services under your name or account.
Registration to Participate in an Auction
RBA holds auctions in numerous jurisdictions around the world and different laws and regulations are applicable to each of our auctions. Therefore, in addition to applying for access to Online Bidding Services, you will be required to register separately for each RBA auction in which you wish to place bids via Online Bidding. Successful registration for one auction does not guarantee registration for any other auction. RBA reserves the right to refuse to register any person for any auction.
Each RBA auction is also subject to terms set out in the Bidder Registration Agreement for that particular auction. It is important that you familiarize yourself with the terms of the relevant Bidder Registration Agreement. Where the terms of the Bidder Registration Agreement conflict with the Online Bidding Terms and Conditions, the Bidder Registration Agreement shall prevail unless specifically stated otherwise.
Restrictions Governing the Use of Online Bidding Services
As a condition of your use of Online Bidding Services, you warrant you will not:
- use Online Bidding Services for any purpose that is unlawful or prohibited by this Agreement;
- use Online Bidding Services in any manner that could damage, disable, overburden, or impair the rbauction.com web site;
- use any device, software or routine to interfere or attempt to interfere with the proper working of Online Bidding Services or the rbauction.com web site or any RBA auction;
- take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
- interfere with or disrupt any computer networks involved in the provision of Online Bidding Services;
- transmit any viruses or other code, files, or programs that may damage, disrupt, or interfere with Online Bidding Services or any other aspect of the rbauction.com web site;
- interfere with any other party's use of Online Bidding Services or the rbauction.com web site;
- impersonate any other person or entity, or disguise the origin of any Bidder Information;
- use Online Bidding Services to upload, post or distribute any advertising or solicitations; or
- use Online Bidding Services in such a way as to gain unauthorized access to the computer systems of others.
You acknowledge and agree that Online Bidding Services, the rbauction.com web site, and any software and information used in connection therewith contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that any content contained on the rbauction.com web site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by RBA, you agree not to modify, sell, distribute or create derivative works based on the rbauction.com web site or the content therein, in whole or in part.
The terms of the Privacy Statement set forth on the rbauction.com web site (the "RBA Privacy Statement") are incorporated by reference into this Agreement. You are encouraged to periodically review the RBA Privacy Statement.
Bidder Information includes any information you provide to RBA when you apply for access to Online Bidding Services, register to participate in a particular RBA auction, bid in any RBA auction or communicate with RBA via phone, fax or email as part of your use of Online Bidding Services. You are solely responsible for the accuracy, completeness and truthfulness of your Bidder Information and you hereby represent and warrant that your Bidder Information: (a) is true and accurate; (b) is not fraudulent; (c) does not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) does not violate any applicable law, statute, ordinance or regulation; (e) is not defamatory, vulgar, threatening, obscene or trade libelous; and (f) does not contain any viruses or other code, files, or programs that may damage, disrupt, interfere with, surreptitiously intercept or expropriate any system, data or personal information. You agree to indemnify and hold RBA harmless from and against any loss, cost, expense or damage arising out of a breach of any of the foregoing representations and warranties. RBA reserves the right to take any action with respect to Bidder Information if RBA reasonably believes such information to breach any of the foregoing representations or warranties or to be restricted or prohibited by law.
By submitting Bidder Information to RBA and accepting these Online Bidding terms and conditions, you agree that RBA may collect, use and/or disclose such personal information for the following purposes: (a) to establish and maintain commercial relations with you and to provide ongoing products and services, administer your account, make and receive payments and fulfill contractual obligations between us; (b) to provide customer service assistance and communicate with you; (c) to develop, enhance, provide and inform you of RBA's services, and conduct market research and statistical analysis; (d) to detect, investigate and protect RBA and its affiliates against error, fraud, theft, and other illegal activity, negligence and breaches of contract; (e) as permitted by, and to comply with, any legal or regulatory requirements; and (f) for any other purpose to which you consent.
Subject to legal and contractual requirements, you may withdraw your consent to certain of these purposes at any time by contacting RBA's Privacy Officer at email@example.com. If you refuse or withdraw your consent, we may not be able to provide or continue to provide you with products, services or information that may be of value to you.
Using Online Bidding Services During an Auction
Bids for a particular item may be made on a live basis when using Online Bidding Services. These services are explained elsewhere on the rbauction.com web site.
BIDS PLACED VIA ONLINE BIDDING SERVICES ARE FIRM COMMITMENTS TO PURCHASE AND MAY NOT BE CANCELED OR RETRACTED FOR ANY REASON.
RBA CANNOT AND DOES NOT GUARANTEE THAT BIDS PLACED VIA ONLINE BIDDING SERVICES WILL BE TRANSMITTED TO OR RECEIVED BY THE AUCTIONEER IN A TIMELY FASHION. FURTHER, THE AUCTIONEER HAS THE SOLE DISCRETION TO ACCEPT OR REFUSE ANY BID.
All bids must be submitted in the relevant auction currency as identified on the rbauction.com web site. All bids are exclusive of all applicable taxes, customs duties, registration fees, shipping, rigging, or other preparation and transportation costs and insurance. Bids for an item do not apply to subsequent offerings of identical or similar items. A bid that was unsuccessful may be reinstated if a problem arises with a higher bid. Bidders placing winning Online Bids will be notified by email.
All forms of shill bidding, including collusion, bid manipulation and bidding on lots that you, or a party that is affiliated with you, have consigned to the auction is strictly forbidden. You may not make a bid under a false name or as agent for a person who would himself be prohibited by these Online Bidding Terms and Conditions from placing a bid on a particular lot.
RBA reserves the right to reject any bid which we deem to not have been made in good faith, or which is restricted or prohibited by law.
The winning bidder for a particular lot (the "Purchaser") shall have purchased that lot at the accepted bid amount.
Upon your becoming the Purchaser of a lot, that lot shall immediately become your responsibility and be at your risk. RBA shall not be responsible for loss or damage to any lot once it has been purchased.
Payment and Removal
The Purchaser of a lot shall make payment as follows:
- for lots under 10,000 (in the currency of the auction, or 1,000,000 Yen in Japan), the full amount must be paid in on the date of the auction;
- for lots over 10,000 (in the currency of the auction, or 1,000,000 Yen in Japan), at least 25% or 10,000 (in the currency of auction, or 1,000,000 Yen in Japan), whichever is greater, must be paid on the date of the auction and the remainder paid within 7 days of the date of the auction
- Payment of the purchase price, plus applicable taxes and other charges, must be by wire transfer to the bank account identified on the rbauction.com web site or by credit card (Visa or MasterCard) using the Online Payment Service on the rbauction.com web site, regardless of the payment options permitted by the relevant Bidder Registration Agreement. All payments must be made in the auction currency as identified on the rbauction.com web site.
- You agree to pay interest on overdue accounts at a rate of 18% per annum or at such other maximum rate as allowed by law, together with any legal or collection costs, including attorneys' fees, incurred by RBA.
- You are responsible for transporting purchased lots from the auction site to your desired location. At no time will any purchased lot be released to you until payment in full for all lots purchased by you has been received by RBA. You agree to compensate RBA for any storage, hauling charges or damages suffered by RBA because of your failure to remove any purchased lots within the removal period specified by RBA for the auction.
You may not record, store, duplicate, reproduce, re-broadcast or otherwise exploit any data or audio/video content transmitted to you as part of Online Bidding Services during a live auction (collectively, "Auction Data"). RBA owns all right, title and interest in and to all Auction Data, including all intellectual property rights therein and thereto.
No Professional Advice
Any information supplied by any employee or agent of RBA, in any form whatsoever, is intended solely as general guidance on the use of Online Bidding Services and the buying and selling of lots at RBA auctions.
RBA PROVIDES NO GUARANTEES OR WARRANTIES, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, OF ANY NATURE WHATSOEVER IN RESPECT OF THE LOTS OFFERED AT ANY RBA AUCTION. EACH AND EVERY LOT AT EVERY RBA AUCTION IS SOLD "AS IS, WHERE IS." BIDDERS ARE STRONGLY ENCOURAGED TO INSPECT THE LOTS BEFORE PLACING BIDS.
Without limiting any other remedies, RBA reserves the right, at its sole discretion, to revoke your access to Online Bidding Services at any time and without notice, for any reason, including, without limitation, if we (i) conclude you have engaged in activity unacceptable to RBA in connection with our site or the use of Online Bidding Services, including engaging in "shill" bidding, buy-backs or any form of artificial price manipulation, (ii) determine you are in breach of this Agreement or (iii) are unable to verify or authenticate any Bidder Information.
You acknowledge and agree that the internet is an unreliable, unsecured, and error-prone network and RBA cannot and does not guarantee continuous, uninterrupted or secure access to Online Bidding Services or the rbauction.com web site or that Bidder Information, including auction registrations and bids, will be transmitted or received in a timely fashion. You agree to hold RBA harmless for any interruptions in Online Bidding Services or the rbauction.com web site, or your inability to reach or effectively use Online Bidding Services or the rbauction.com web site. IN NO EVENT SHALL RBA BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF ONLINE BIDDING SERVICES.
ONLINE BIDDING SERVICES AND THE rbauction.com WEB SITE, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS, SERVICES AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH ONLINE BIDDING SERVICES OR THE rbauction.com WEB SITE, ARE PROVIDED ON AN "AS IS, WHERE IS, AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. RBA DOES NOT WARRANT THAT THE SERVICES OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED, MADE AVAILABLE ON OR ACCESSED THROUGH ONLINE BIDDINGSERVICES OR THE rbauction.com WEB SITE, INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY SOFTWARE, PRODUCTS OR OTHER MATERIALS USED IN CONNECTION WITH ONLINE BIDDING SERVICES OR THE rbauction.com WEB SITE, WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. RBA MAKES NO WARRANTY THAT ONLINE BIDDING SERVICES OR THE rbauction.com WEB SITE WILL MEET YOUR REQUIREMENTS. IF YOU ARE DISSATISFIED WITH ONLINE BIDDING SERVICES OR THE rbauction.com WEB SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING ONLINE BIDDING SERVICES OR THE rbauction.com WEB SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RBA OR THROUGH ONLINE BIDDING SERVICES OR THE rbauction.com WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THIS AGREEMENT.
RBA reserves the right to suspend, postpone or cancel any auction or access to Online Bidding Services, without notice, if RBA determines, in its sole discretion, such action is appropriate. RBA shall have no liability to you as a result of such suspension, postponement or cancellation.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT NEITHER RBA NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SHAREHOLDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OF ANY NATURE ARISING OUT OF (1) THE FAILURE OF ANY BIDDER INFORMATION OR OTHER DATA TO BE TRANSMITTED OR RECEIVED IN A TIMELY FASHION, (2) THE INTERRUPTION OF ANY DATA TRANSMISSION, OR AUDIO OR VIDEO BROADCAST, (3) THE DOWNLOADING OF ANY APPLICATIONS OR INFORMATION RELATED TO ONLINE BIDDING SERVICES, OR (4) THE USE OF OR INABILITY TO USE ONLINE BIDDING SERVICES OR THE rbauction.com WEB SITE, TO THE FULL EXTENT THOSE DAMAGES CAN BE DISCLAIMED BY LAW. THIS LIMITATION OF LIABILITY IS EXPRESSLY INTENDED TO APPLY TO ALL TYPES OF DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF BUSINESS INFORMATION (INCLUDING LOSS OR REPLACEMENT OF ANY DATA, MEMORY OR OTHER INFORMATION WHICH IS ALTERED OR DAMAGED) OR BUSINESS INTERRUPTION (WHETHER RESULTING FROM FAILURES OR DELAYS IN DELIVERY OR PERFORMANCE).
You agree to indemnify, defend and hold harmless RBA and its employees, agents, affiliates, successors, officers, directors and assigns, from and against any and all claims, demands, losses, damages, liabilities, costs and expenses (including attorney fees) arising out of or relating to any claim or action based upon your use of Online Bidding Services or the rbauction.com web site or your breach of this Agreement.
RBA may amend the Online Bidding Terms and Conditions at any time by posting the amendments on our web site. The Online Bidding Terms and Conditions may not be otherwise amended except in writing signed by both RBA and the party requesting the amendment.
To RBA: Notices must be sent by email to firstname.lastname@example.org and by certified mail to Ritchie Bros. Auctioneers, attention: Corporate Secretary; 9500 Glenlyon Parkway, BC, Canada, V5J 0C6 or such other address as may be designated from time to time.
To You: Except as explicitly stated otherwise, any notices under this Agreement shall be given by email to the email address provided to RBA during your registration, or as subsequently amended by you, on the rbauction.com web site. Notice shall be deemed given 24 hours after the email is sent. If your email address changes, you are responsible for notifying RBA of such change by updating your rbauction.com Account Profile on the rbauction.com web site. By default, an optional subscription to receive regular marketing information by email from RBA will be activated, as will a mandatory subscription to receive emails regarding service updates and special announcements.
The Online Bidding Terms and Conditions shall be governed by and interpreted under the laws of, and any action hereunder against RBA shall be commenced in the State, or Province, and Country in which the relevant auction occurs.
The failure of RBA to enforce any terms of this Agreement in whole or in part or to respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any term or condition of this Agreement or to act with respect to similar breaches.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law then such provision shall be enforced to the maximum extent possible and the remainder of the Agreement shall continue in full force and effect. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and RBA with respect to Online Bidding Services, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and RBA with respect to Online Bidding Services.