BIDDER REGISTRATION AGREEMENT
TERMS OF BIDDING AND SALE ("Terms")
(Revised January 15, 2018)

  1. Ritchie Bros. Auctioneers ("Auctioneers") hereby grants to the party who indicates acceptance of these Terms by clicking the "AGREE" button below ("Bidder"), the right to bid at an auction sale to be conducted by Auctioneers. Such right is granted at Auctioneers' sole discretion and may be revoked at any time.
  2. Bidder acknowledges he has read and understands these Terms and agrees to comply with and be bound by such. These Terms, together with the Ritchie Bros. terms and conditions governing the use of rbauction.com account services accepted by Bidder upon creation of their account, constitute the entire agreement between Bidder and Auctioneers regarding the use of Ritchie Bros. online bidding services with respect to this auction and Bidder's on-line participation in this auction.
  3. The applicable contracting entity, notice address, governing law/venue, and currency will depend on the location of the auction selling the Lot that the Bidder is bidding on. Absent agreement by the parties, any action arising from or relating to these Terms or any bid or purchase hereunder shall be filed in a court of competent jurisdiction in the applicable venue indicated below, and Bidder irrevocably consents to the exclusive jurisdiction of such courts. The Terms shall be governed by and interpreted without giving effect to any of the principles of conflicts of laws or the United Nations Convention on Contracts for the International Sale of Goods.
Auction Location Contracting Entity Notice Address Governing Law Governing Venue
(Courts in)
Auction Currency
Canada Ritchie Bros. Auctioneers (Canada) Ltd. 9500 Glenlyon Parkway, Burnaby, BC, V5J 0C6
Canada
British Columbia New Westminster, British Columbia CAD
United States Ritchie Bros. Auctioneers (America) Inc. 4000 Pine Lake Road, Lincoln, NE USA 68516 Washington King County, Washington USD
Mexico Ritchie Bros. Auctioneers de Mexico, S. de R.L. de C.V. Carr. Polotitlán, La Estación # 6 Col Centro, Polotitlán, Estado de México, CP 54200 Federal District of Mexico Federal District of Mexico USD
United Kingdom Ritchie Bros. Auctioneers (UK) Limited Donington Park, Castle Donington, Derbyshire, UK, DE74 2RP England and Wales The London Court of International Arbitration GBP
The Netherlands Ritchie Bros. Auctioneers B.V. Mark S. Clarkelaan 21, Haven M 530, Port of Moerdijk, Zevenbergen, NLD 4761 RK The Netherlands The Netherlands Arbitration Institute, in Rotterdam EUR
Germany Ritchie Bros. Auctioneers GmbH Berliner Strasse 2, 49716 Meppen, Germany German law Arbitration Rules of the German Institution of Arbitration e.V. (DIS), in Munich EUR
France Ritchie Bros. Auctioneers France SAS Zac 2, Les Champs Chouette, 27600 Saint-Aubin-sur-Gaillon, France France French civil courts EUR
Italy Ritchie Bros. Auctioneers S.r.l. Via Canada snc Angolo SP 10R, Caorso, PC, Italy 29012 Italy National or International Arbitration Regulations of the Chamber of National and International Arbitration of Milan EUR
Spain Ritchie Bros. Auctioneers (Spain) SLU. Autovía A4 Km 64,200, 45300 Ocaña, Spain Spain Courts of Madrid Capital EUR
Poland Ritchie Bros. Auctioneers (Poland) Spólka z Odpowiedzialnoscia w Organizacji Kryspinow 399,
Krakow, Polandp
Poland Poland EUR
United Arab Emirates Ritchie Bros. Auctioneers (ME) Limited P.O. Box 16897, Jebel Ali Free Zone, Dubai, UAE England and Wales Arbitration in accordance with the arbitration rules of the DIFC-LCIA Arbitration Centre USD
Australia Ritchie Bros. Auctioneers Pty Ltd. 1-57 Burnside Road
Yatala, QLD 4207 Australia
Queensland Queensland AUD
New Zealand Ritchie Bros. Auctioneers Pty Ltd. 1-57 Burnside Road
Yatala, QLD 4207 Australia
New Zealand City of the Auction Location NZD
Japan Ritchie Bros. Auctioneers (Japan) KK o/a Japan Super Auction 245-2771 Taragai, Narita,
Chiba Prefecture, Japan 287-0242
Japan Japan JPY
China Ritchie Bros. Auctioneers (Beijing) Co. Ltd. Air China Century Building, Annex Building 2D, 46 Xiaoyun Road,
Chaoyang District, Beijing, China
100027
People's Republic of China Arbitration in CIETAC RMB
  1. The auction will be conducted by offering the items by lot ("Lot"), either individually or in groups. The Bidder offering the highest bid accepted by Auctioneers shall be the purchaser ("Purchaser") of the offered Lot ("Purchase") and no Purchaser shall retract his bid. Purchaser accepts a Lot when he makes a bid. All sales are final. Notwithstanding the foregoing, Auctioneers reserves the right to invalidate the sale of any lot that occurs during, or is materially impacted by, any malfunction or service outage of the online web-based auction platform or the Timed Auction Lot system, and to re-open and/or extend the bidding deadline for such lots. Auctioneers shall not be held liable for any claims occasioned by such actions.
  2. Bidder, whether acting as principal, agent, officer or director of a company or otherwise, in any capacity whatsoever, and the company he represents, both jointly and severally agree:
    (a) to indemnify and save harmless Auctioneers and its consignors ("Consignors") from any and all actions, causes of action, suits, damages, costs and losses of any nature, arising from the purchase or use of any item, or the attendance or participation of Bidder, his agents or employees, at the auction sale and/or on the auction site whether before, during or after the auction sale;
    (b) to be responsible for the payment of the purchase price and taxes due on all of Bidder's Purchases.
    (c) that all rights and defenses available to Auctioneers hereunder shall extend to the Consignor.
  3. The Auctioneers may at their discretion require Bidder to provide a deposit as a condition of being registered to bid, which deposit becomes non-refundable when Bidder makes a purchase and may be applied at Auctioneers' sole discretion against any Purchase made by the Bidder. The Bidder grants to the Auctioneers a security interest in the Purchases, to secure payment of the purchase price. In the event of non-payment, Auctioneers may proceed to perfect the security interest granted by these Terms.
  4. THERE SHALL BE NO GUARANTEES OR WARRANTIES, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE OF ANY NATURE WHATSOEVER IN RESPECT OF THE LOTS OFFERED AT THE AUCTION. EACH AND EVERY LOT WILL BE SOLD 'AS IS, WHERE IS'. SPECIFICALLY, BUT WITHOUT LIMITATION, AUCTIONEERS MAKE NO REPRESENTATION OR WARRANTY THAT ANY OF THE LOTS:
    (A) CONFORM TO ANY STANDARD IN RESPECT OF SAFETY, POLLUTION OR HAZARDOUS MATERIAL OR TO ANY STANDARD OR REQUIREMENT OF ANY APPLICABLE AUTHORITY, LAW OR REGULATION, OR
    (B) ARE FIT FOR ANY PARTICULAR PURPOSE, OR
    (C) ARE MERCHANTABLE OR FINANCEABLE, OR
    (D) ARE OF ANY PARTICULAR AGE, YEAR OF MANUFACTURE, MODEL, MAKE OR CONDITION. BIDDER AGREES HE HAS SATISFIED HIMSELF AND IS NOT RELYING ON AUCTIONEERS, NOR ARE AUCTIONEERS LIABLE, FOR ANY MATTER IN RESPECT OF THE ABOVE. BIDDER FURTHER AGREES TO REPAIR, AT HIS COST, ANY LOT PURCHASED AT THE AUCTION TO A SAFE OPERATING CONDITION AND, WITHOUT LIMITATION, TO A CONDITION WHICH MEETS ANY STANDARD OR REQUIREMENT OF ANY APPLICABLE AUTHORITY, LAW OR REGULATION INCLUDING THOSE CONCERNING ANY USE TO WHICH THE LOT MAY BE PUT.
  5. Bidder acknowledges that an auction site is a potentially dangerous place. Flammable, noxious, corrosive and pressurized substances are present, heavy equipment is being operated and electric circuits may be live. Every person at the auction site at any time shall be there at his own risk with notice of the condition of the premises and the activities thereon and Bidder shall so advise his agents and employees. No person shall have any claim against Auctioneers, their agents, employees, or principals for any injuries sustained, nor for damages to or loss of property that may occur from any cause whatsoever.
  6. If Bidder has registered to participate in this auction under other entities or identities, all purchases under such entities or identities shall be considered for the purposes of interpreting the Terms as if purchased under a single entity or identity.
  7. Auctioneers, at any time, and at their sole discretion, without notice or liability to buyer may:
    (a) withdraw or cancel the sale of any Lot, or
    (b) offer any Lots in groups or with privilege.
  8. No person shall bid on any Lot:
    (a) of which he is the consignor; or
    (b) as agent, associate, or on behalf of the consignor.
  9. Any dispute arising as to any bidding shall be settled by Auctioneers at their sole discretion and Auctioneers may put the Lot in dispute up for sale again. Auctioneers reserve the right to refuse any bid that they consider to be an insignificant advance over the preceding bid.
  10. Purchases become the responsibility of and shall be at the risk of Purchaser upon acceptance of his bid. It shall be the responsibility of Purchaser to insure his purchases immediately. Auctioneers shall not be responsible for loss or damage to any Purchase.
  11. All purchased lots will be subject to a transaction fee specific to the auction location as follows:
Canada (a) 10% on all Lots selling for CAD 5,000 or less;
(b) 3.85% on all Lots selling for over CAD 5,000 up to CAD 33,500, with a minimum fee of CAD 500 per Lot; or
(c) CAD 1,290 on all Lots selling for over CAD 33,500.
United States, Mexico, UAE (a) 10% on all Lots selling for USD 5,000 or less;
(b) 3.85% on all Lots selling for over USD 5,000 up to USD 33,500, with a minimum fee of USD 500 per Lot; or
(c) USD 1,290 on all Lots selling for over USD 33,500.
European Union (a) 10% on all Lots selling for EUR 5,000 or less,
(b) 3.85% on all Lots selling for over EUR 5,000 up to EUR 33,500, with a minimum fee of EUR 500 per Lot; or
(c)  EUR 1,290 on all Lots selling for over EUR 33,500.
United Kingdom (a) 10% on all Lots selling for GBP 5,000 or less; or
(b) 3.85% on all Lots selling for over GBP 5,000, with a minimum fee of GBP 500 per Lot.
Australia (a) 10% on all Lots selling for AUD 5,000 or less,
(b) 3.85% on all Lots selling for over AUD 5,000 up to AUD 33,500, with a minimum fee of AUD 500 per Lot; or
(c) AUD 1,290 on all Lots selling for over AUD 33,500.
New Zealand (a) 10% on all Lots selling for NZD 5,000 or less,
(b) 3.85% on all Lots selling for over NZD 5,000 up to NZD 33,500, with a minimum fee of NZD 500 per Lot; or
(c) NZD 1,290 on all Lots selling for over NZD 33,500.
Japan (a) 10% on all Lots selling for JPY 500,000 or less,
(b) 3.85% on all Lots selling for over JPY 500,000 up to JPY 3,400,000, with a minimum fee of JPY 50,000 per Lot; or
(c) JPY 130,000 on all Lots selling for over JPY 3,400,000.
China (a) 10% on all Lots selling for RMB 30,000 or less,
(b) 3.85% on all Lots selling for over RMB 30,000 up to RMB 200,000, with a minimum fee of RMB 3,000 per Lot; or
(c) RMB 7700 on all Lots selling for over RMB 200,000.
  1. All payments must be made by wire transfer to a Bank acceptable to Auctioneers. Any outstanding balance must be paid within seven (7) days of the completion of the auction. Payments received on account of this or any other auction may, at the Auctioneers' discretion, be first applied to prior outstanding accounts. At Auctioneers' discretion, any proceeds due to Purchaser under a contract to auction may be set off against any outstanding accounts. Purchases will not be released until all accounts are paid.
  2. Purchaser shall not be entitled to possession of any of his Purchases until the total purchase price of all his Purchases including all applicable goods, sales or use taxes, has been fully paid. In the event Purchaser fails to pay the amount due within the prescribed time, or fails to comply with any Terms, Auctioneers shall retain a possessory lien on all Purchases of Purchaser and at Auctioneers' sole discretion have the right to resell such Purchases by public or private sale without notice to Purchaser. Should Auctioneers resell any Purchase, the net proceeds therefrom (after deducting commission of:
    (a) 15% on Lots reselling for more than 2,500 (250,000 if the auction is located in Japan; 15,000 if the auction is located in China) of the Auction Currency;
    (b) 25% on Lots reselling for 2,500 (250,000 if the auction is located in Japan; 15,000 if the auction is located in China) of the Auction Currency or less with a minimum commission of 100 (10,000 if the auction is located in Japan; 600 if the auction is located in China) of the Auction Currency per Lot; and
    (c) any costs) shall be credited to the original Purchaser's account and the original Purchaser shall forthwith upon demand pay Auctioneers, as damages any deficiency arising from the resale.
  3. All Purchases must be removed from the auction site within the time announced or posted at the auction site and all costs, responsibility and risk of such removal shall be borne by Purchaser. Purchaser shall use prudence in effecting such removal. Auctioneers reserve the right to require proof of adequate insurance coverage from any Purchaser for Purchases requiring dismantling, rigging or hot cutting. Purchaser agrees to indemnify and save harmless both Consignor and Auctioneers against any damage caused by the acts of Purchaser. If for any reason Purchaser fails to remove any Purchase within the time specified by the Auctioneers, the Purchase shall be subject to storage charges as posted at the auction site and may be deemed abandoned. In such event Auctioneers, at their sole discretion, may resell per term 17 above, or remove and store the said Purchase at Purchaser's sole risk and expense. Purchaser shall be liable for any rent incurred or damages suffered by Auctioneers because of Purchaser's failure to remove any Purchase.
  4. Equipment descriptions and details available on Auctioneers' website have been prepared as a guide only, based on information from sources believed to be reliable and from the Consignor; however, their accuracy cannot be guaranteed or warranted. No sale shall be invalidated; nor shall Auctioneers be liable as a result of defects or inaccuracies in such descriptions and details. Bidder acknowledges that all Lots were available for inspection prior to the Auction and that it is his responsibility to inspect all equipment and to make his own inquiries prior to bidding.
  5. All necessary documents will, if available, be delivered immediately to Purchaser upon payment in full as set out above, or will otherwise be mailed ten (10) banking days after payment is received. Documents will be prepared to be effective only in the jurisdiction in which the auction is being conducted.
  6. If, for any reason, Auctioneers are unable to make available or deliver any Purchase or clear title to the same, or documentation required in respect of any Purchase, whether before or after delivery, Auctioneers' sole liability, if any, shall be the return of monies paid in respect of such Purchase upon its return by Purchaser. Any such Purchase for which clear title cannot be provided, shall be returned and surrendered to the Auctioneers upon demand.
  7. Interest on overdue amounts will be paid by Purchaser at a rate of 18% per annum or at such other maximum rate as allowed by law, together with any legal or collection costs incurred by Auctioneers.
  8. The Bidder consents to the processing, international transfer and disclosure of the Bidder's information in accordance with the Auctioneers' Privacy Statement, available at www.rbauction.com. Information that Auctioneers collects is stored in Canada but may also be transferred and stored in other countries. These countries may offer a different level of data protection than Bidder's country of residence. The Bidder consents to their information being shared by Auctioneers among the Ritchie Bros. family of brand solutions in accordance with the Privacy Statement. The Bidder also consents to Auctioneers disclosing information regarding the Bidder to the original equipment manufacturer ("OEM") of any offered Lot that the Bidder places a bid on and any of the OEM's dealers or service providers in Bidder's geographic area. To opt out of sharing with OEM's, their dealers or service providers going forward, contact OEMoptout@rbauction.com. Once disclosed, this information will be governed by the OEM's or OEM dealer's privacy policy and will be subject to the laws of the jurisdiction in which the OEM or OEM dealer processes the information. OEMs and their dealers or service providers use this information to understand the secondary market for their equipment, to communicate with Bidders about their products and services, and for other purposes disclosed in their privacy policies. Auctioneers has no liability for information used by the OEM, its dealers, representatives and service providers. To learn more, review Auctioneers' frequently asked questions at https://www.rbauction.com/privacy-statement.
  9. These are the complete Terms and may not be amended except by agreement in writing signed by Auctioneers and the respective Purchaser.
  10. The following jurisdiction-specific additional terms and conditions will apply for bidders bidding in auctions located in the country noted:
North America
Canada
  1. The transaction  fee referenced in Section 14 will be waived for purchases made in person at on-the-farm auctions.
  2. The Purchaser hereby acknowledges to have specifically requested that these Terms be drawn up in the English language only and the Purchaser confirms he is satisfied with the same.  L'Acheteur reconnaît qu'il a exigé que le présent contrat soit rédigé en anglais seulement et s'en déclare satisfait
United States
  1. The transaction  fee referenced in Section 14 will be waived for purchases made in person at on-the-farm auctions.
  2. If Purchaser claims an exemption based on goods being shipped out of state for use out of state, then the goods must be delivered to and shipped by a common carrier. Purchaser shall arrange for and assume all risks and costs associated therewith.
  3. If Auctioneers is the prevailing party in any dispute, proceeding, or alternative dispute resolution process, related in any way to these Terms, or to the Auction, or to any bid or purchase under these Terms or at the Auction, Auctioneers shall be entitled to recover from the adverse party all costs, including attorney's fees, incurred in connection therewith.
Mexico
  1. Auctioneers may be acting as principal or agent in the conduct of the auction; in some instances, the Consignor will invoice Purchaser directly.
  2. The auction shall be conducted in the currency as announced at the commencement of the auction ("Auction Currency"). The Price does not include the "Impuesto al Valor Agregado" (IVA Tax). If the purchaser tenders Mexican Pesos in satisfaction of the Price, such Mexican Pesos shall be converted to the Auction Currency based on the rate offered by Auctioneers on the date the payment is tendered.
Europe
All of Europe
  1. Bidder hereby warrants that he is of legal age and sound mind.
  2. Bidder acknowledges that some items in the sale may not conform to the terms of the EU Directive on Machinery as implemented in the National Legislation of the relevant Member Country. Bidder shall determine to its satisfaction as to whether or not any lot is in conformity. Bidder shall export from the EEA or upgrade within six months, any item purchased that is non-conforming and prior to export or upgrading, the item will not be put into use or traded. Auctioneers make no representation or warranty that the items offered in the auction are importable into any particular country. Bidder agrees that any item purchased for importation into any country will be imported in compliance with the laws and regulations of that country.
  3. All applicable taxes, including VAT, will be added to the purchase price of all taxable purchases.
United Kingdom
  1. Auctioneers make no representation or warranty that any of the lots are suitable or eligible for import into any particular country or jurisdiction.
  2. If the Bidder registered to participate in this auction under other entities or identities, all purchases under such entities or identities shall be considered for the purposes of interpreting the Terms as if purchased under a single entity or identity.
  3. Auctioneers may, at their sole discretion, permit Purchaser to take delivery of some or all of his purchases but only in the event a lien is created on such purchases in accordance with the applicable law by means of a registered private deed or an authentic deed for all sums owed by Purchaser hereunder.
The Netherlands
  1. This auction may be conducted in a bonded free zone. Removal of purchases from the Free Zone and importation into the EEA shall be the responsibility of, and at the cost of, the Bidder. Items marked "Not Duty Free Circulation" have not been imported into the EEA.
France
  1. Bidder hereby warrants that he is acting in his capacity as a professional.
  2. The Compendium of Ethical Obligations of public auction houses, approved by the Order of 21 February 2012, applies to Voluntary Sales Operators ("Opérateur de Ventes Volontaires"). This code of conduct is available by written request.
Germany
  1. Bidder hereby agrees that whether he shall be acting as a principal, an agent, an officer or director of a corporation, or otherwise in any capacity whatsoever, BIDDER and the COMPANY HE REPRESENTS SHALL BE JOINTLY AND SEVERALLY RESPONSIBLE for the payment of the purchase price and taxes payable for every lot for which Bidder shall be the successful bidder at the auction sale and that all goods delivered to Bidder for which Auctioneers are not fully paid (because of a dishonoured cheque or for any other reason) shall be subject to seizure by Auctioneers or their agents at the sole cost and expense of Bidder. At all times until the actual purchase price of any lots has been received by Auctioneers, the owner who placed the same for auction (the "Consignor") and Auctioneers shall have all lien rights of an unpaid vendor and Auctioneers shall retain a possessory lien on such lots for all sums owed to them by the BIDDER AND THE COMPANY HE REPRESENTS. THE BIDDER AND THE COMPANY HE REPRESENTS are not entitled to delivery of any of his purchases until a lien is created on these purchases in accordance with the applicable law by means of a registered private deed or an authentic deed for all sums owed by the Bidder and the company he represents if Auctioneers, in its sole discretion, require such a lien.
  2. All goods delivered to Purchaser for which Auctioneers is not fully paid within the terms of payment (because of a dishonoured cheque or for any other reason) shall be re-delivered to Auctioneers or their agents at the sole cost and expense of Purchaser. In the event Purchaser takes delivery and resells his purchases all claims for the reselling purchase price are assigned to Auctioneers.
Italy
  1. Bidder hereby agrees that whether he shall be acting as a principal, an agent, an officer or director of a corporation or otherwise in any capacity whatsoever, BIDDER and the COMPANY HE REPRESENTS SHALL BE JOINTLY AND SEVERALLY RESPONSIBLE for the payment of the purchase price and taxes payable for every lot for which Bidder shall be the successful bidder at the auction sale and that all goods delivered to Bidder for which Auctioneers are not fully paid (because of a dishonoured cheque or for any other reason) shall be subject to possessory lien by Auctioneers or their agents or to recovery, according to Article 1519 civil code, at the sole cost and expense of Bidder.
  2. Upon Purchaser arranging for and assuming all risk and costs associated therewith to Auctioneers'; satisfaction, Auctioneers may, at their sole discretion, agree to ship purchases to, and give physical possession at, a destination specified by Purchaser.
Spain
  1. Bidder hereby further agrees that whether he shall be acting as a principal, an agent, an officer or director of a corporation, or otherwise in any capacity whatsoever, BIDDER and the COMPANY HE REPRESENTS SHALL BE JOINTLY AND SEVERALLY RESPONSIBLE for the payment of the purchase price and taxes payable for every lot for which Bidder shall be the successful bidder at the auction sale and that all goods delivered to Bidder for which Auctioneers are not fully paid (because of a dishonoured cheque or for any other reason) shall be subject to seizure by Auctioneers or their agents at the sole cost and expense of Bidder. At all times until the actual purchase price of any lots has been received by Auctioneers, the owner who placed the same for auction (the "Consignor") and ("Auctioneers") shall have all lien rights of an unpaid vendor and Auctioneers shall retain a possessory lien on such lots for all sums owed to them by the BIDDER AND THE COMPANY HE REPRESENTS. THE BIDDER AND THE COMPANY HE REPRESENTS are not entitled to delivery of any of his purchases until a lien is created on these purchases in accordance with the applicable law by means of a registered private deed or an authentic deed for all sums owed by the Bidder and the company he represents if Auctioneers, at its sole discretion, require such a lien.
  2. For the purpose of article 61 paragraph 2 of Law 7/1996, of 15 January, regulating Retail Trading, Auctioneers hereby declares that technical qualities specified on its website or elsewhere, if any, are assumed and have not been attested to by any expert. Auctioneers do not guarantee to Bidder the existence of the above-mentioned qualities nor the operating conditions of any lot listed for sale on its website or elsewhere.
Poland
  1. Bidder acknowledges that they have been informed by the Auctioneer that pursuant to Article 770 of the Polish Civil Code the Auctioneer shall not be held liable for any physical defects, including concealed physical defects, of the equipment.
Asia
China
  1. Bidder hereby warrants that he is of legal age and sound mind, all documents submitted and information provided to Auctioneers are authentic and legally effective.
  2. Bidder acknowledges that the auction will be conducted in Tianzhu Free Trade Zone, Beijing, P.R.China and the auction may either be held by one of the Auctioneers, or jointly held by the Auctioneers. Removal of purchases from the Free Trade Zone and importation into or exportation from People's Republic of China, as the case may be, shall be the responsibility of, and at the cost and risk of, the Bidder.
  3. In default of payment of the purchase price, the Auctioneers may seek legal channels to recover any outstanding monies, including but not limited to any cost related to the recovery of the monies.
  4. With respect to any motor vehicle purchases, if Purchaser is from mainland China, within 10 days after Auctioneers deliver or mail the necessary documents to Purchaser, Purchaser shall be responsible for completing the title transfer of the Lot by itself and shall so notify Auctioneers in writing, or provide the Auctioneers with written evidence to prove that it has been unable to complete the title transfer of such Lot due to defects on the relevant documents; otherwise, upon the expiration of the said 10 days, the title transfer shall be deemed completed successfully, the Auctioneers may then immediately make the full payment to the Owner of the vehicle and shall bear no further responsibility to Purchaser in assisting with the title transfer.
  5. Disclosure of the Bidder's information in accordance with the Auctioneers' Privacy Statement may include the collection, retention and disclosure of the Bidder's government issued photo identification to applicable Chinese regulatory authorities as required by the laws and regulations of China.
Japan
  1. Auctioneers will not accept any returns or exchanges under any circumstances. If none of the bids received equal or exceed the reserve price set by the consignor of an item, if any, the item will not be sold.
  2. The Terms are prepared in English and several other languages, including Japanese. In case of any conflict in interpretation or meaning between the English and other versions, the English version shall govern.
  3. Auctioneers shall automatically retain a Rights of Retention (ryuchi ken) and an Assignment By Way Of Security (joto tanpo) on all Purchases of Purchaser without notice to or consent from Purchaser on the condition that and at the time when Purchaser is declared to be a successful bidder and in the event Purchaser fails to pay the amount due within the prescribed time, or fails to comply with any Terms.
  4. A purchase price shall be subject to any and all applicable taxes (including but not limited to Consumption Taxes (shohi-zei).
  5. If Purchaser claims an exemption, including but not limited to exemption of Consumption Tax (shhi-zei), based on goods being shipped out of Japan for use out of Japan, then the goods must be delivered to and shipped by a common carrier. In such case, Purchaser shall arrange for and assume all risks and costs associated therewith.
UAE
  1. All applicable taxes, including VAT, will be added to the purchase price of all taxable purchases.
Australasia
New Zealand
  1. Bidder, whether acting as principal, agent, officer or director of a company or otherwise, in any capacity whatsoever, and the company he represents, both jointly and severally agree: (a) any and all Purchases are acquired in trade and not for personal, family or household use; (b) to the extent permitted by law, the Fair Trading Act 1986 and the Consumer Guarantees Act 1993 do not apply to these Terms and the transactions contemplated thereby, including Bidder's participation in and Purchases from the auction event; and (c) if Bidder desires any Purchases to be GST zero-rated, Bidder confirms that it is a non-resident of New Zealand and that, as a condition of sale, it will export its Purchases within 28 days of receipt of invoice from Auctioneers and that no Purchases will be later imported into New Zealand for use other than in making taxable or exempt supplies.
  2. Auctioneers and Bidder hereby agree that Section 8(4) of the Goods and Services Tax Act 1985 does not apply to the supply of any goods and services to the Bidder.

For any auctions that include the sale of Real Estate in Canada or the United States, the following Terms and Conditions also apply:

Real Estate Terms and Conditions

The following terms and conditions (the "Real Estate Terms") form an integral part of the terms of the Bidder's Terms of Bidding and Sale. The Real Estate Terms apply to all sales of real property (the "Property"), and apply only to sales of real property. Where the Real Estate Terms are applicable, the Real Estate Terms shall prevail to the extent of any conflict with the Terms of Bidding and Sale.

  1. DEFINITIONS. In these Real Estate Terms, the "Seller" shall refer to the consignor of the Property and the "Buyer" shall refer to the bidder offering the highest bid accepted by the Auctioneers for the Property. Each capitalized term used herein but not otherwise defined shall have the meaning ascribed to such term in the Terms of Bidding and Sale.
  2. UNRESERVED AUCTION. The Property shall be sold to the highest bidder regardless of price at unreserved public auction. The sale shall not be subject to any minimum bid or reserve price.
  3. CASH SALE. This is a cash sale and is not contingent on the Buyer's ability to obtain financing.
  4. AGREEMENT OF PURCHASE AND SALE. The Buyer shall execute an Agreement of Purchase and Sale, in the form provided by the Auctioneers, without modification, immediately after being declared the high bidder.
  5. AGENT OF SELLER. The Auctioneers (and any appointed real estate agent, where applicable) is acting as an agent of the Seller only, and not as an agent of the Buyer or as a dual agent. The Buyer may be required to sign an Agency Agreement acknowledging that they are aware they are not receiving any representation.
  6. COMPLETION BY LEGAL REPRESENTATIVE. Completion and closing of all real estate transactions will be handled by legal representatives appointed by the Seller and Buyer, acting on behalf of the Seller and Buyer, respectively. All deposit, earnest and purchase monies in respect of the Property shall be paid to and deposited in trust with the legal representative for the Seller.
  7. DEPOSIT. Immediately after being declared the high bidder, the Buyer shall submit a non-refundable deposit in trust to the legal representative for the Seller in the amount of 25% of the Purchase Price (the "Deposit"). The Auctioneers may, in their sole discretion, accept a Deposit of 10% of the Purchase Price if provided with an unconditional letter of financing from a lending institution acceptable to the Auctioneers. The balance of the Purchase Price shall be paid at or before closing.
  8. TRANSACTION FEE. Immediately after being declared the high bidder, the Buyer shall pay the applicable transaction  fee, if any, to the Auctioneers.
  9. TAXES. Any and all applicable Federal, Provincial or State taxes (including property transfer tax, if applicable) must be paid by the Buyer in addition to the Purchase Price, at or before closing. Any and all applicable property taxes shall be paid at or before closing by the Seller and Buyer pro-rata based on the date of closing.
  10. CLOSING. Closing will take place on the date that is 30 days after the date of the auction, or such other date as may be mutually agreed by the parties. The Buyer and Seller shall each be responsible for their own legal fees. Land title registration fees and applicable transfer fees shall be paid by the Buyer at or before closing. All necessary adjustments will be based on the agreed upon closing date.
  11. NON-PERFORMANCE. Any failure by the Buyer to complete the purchase of the Property will result in the Deposit and any further interest in the Property being forfeited.
  12. POSSESSION. The Buyer will receive vacant possession on the date of closing.
  13. AS-IS SALE. The Buyer shall accept the Property "AS-IS", "WHERE-IS", and "WITH ALL FAULTS" as of the closing date and the Buyer specifically agrees that neither the Seller nor the Auctioneers make any representations or warranties of any kind whatsoever, expressed or implied, to the Buyer as to the value, condition or fitness of the Property, environmental or otherwise, or any part thereof or improvements thereon. All descriptions, measurements and acreage provided by the Seller and the Auctioneers are to be used as a guide only. The Buyer acknowledges and agrees that it is the Buyer's sole responsibility to make such legal, factual and other inquiries, inspections and investigations as the Buyer considers necessary prior to bidding on the Property, and Buyer hereby warrants and represents that he shall have satisfied himself as to the location and condition of the Property, and all descriptions with respect thereto, prior to bidding, and that he has had the opportunity to do so. In certain circumstances the Seller will complete and provide a Property Condition Disclosure Statement. If a Property Condition Disclosure Statement is available, the Bidder may view such information.
  14. PROPERTY BOUNDARIES. The Buyer will satisfy itself as to all property boundaries. If a dispute arises, verification of said boundaries will be at the Buyer's expense.
  15. NO MINES OR MINERALS. Mines and minerals are not included and shall not be conveyed with the Property unless otherwise expressly provided.
  16. PERSONAL PROPERTY. No personal property shall be conveyed with the Property unless specifically included in the purchase agreement.
  17. NO ASSIGNMENT. The Buyer shall not assign his bid or obligation to purchase the Property to a third party without the prior written approval of the Auctioneers.
  18. FOREIGN OWNERSHIP RESTRICTIONS/TAXATION. Certain Canadian provinces impose foreign ownership restrictions or additional taxation on the purchase of real property by non-Canadian citizens and non-qualified Canadian organizations. THE BUYER ACKNOWLEDGES THAT IT IS THE BUYER'S SOLE RESPONSIBILITY TO MAKE ANY NECESSARY ENQUIRIES, INCLUDING, WITHOUT LIMITATION, CONSULTING WITH LEGAL ADVISORS, PRIOR TO BIDDING TO ENSURE THE BUYER IS LEGALLY ELIGIBLE TO PURCHASE THE PROPERTY.
  19. ADDITIONAL DOCUMENTS. As a condition of closing, the Buyer may be required to sign certain disclosure documents as may be required by the applicable governing bodies.