TERMS OF BIDDING AND SALE ("Terms")
(Revised July 6, 2015)
The following Terms govern your right to bid at the Concrete Industry Management National Steering Committee's ("CIM-NSC") unreserved fundraising auction (the "Auction") being conducted by Ritchie Bros. Auctioneers (America) Inc. ("Auctioneers") during the World of Concrete Show to benefit the Concrete Industry Management's programs. These Terms apply whether you register to bid and participate in the auction in-person or online. By accepting your assigned Listing Catalog or, in the case of an online participant, clicking the button below to proceed, you signify your acceptance and agreement to be bound by the Terms.
- Auctioneers hereby grants to the party accepting these Terms ("Bidder"), the right to use their assigned bidder number for the purpose of bidding at the Auction. Such right is granted at the Auctioneers' sole discretion and may be revoked at any time.
- Bidder acknowledges he has received, read, and understands these Terms 1 through 17 and agrees to comply with and be bound by the same.
- 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 the 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, and to re-open for such lots. Auctioneers shall not be held liable for any claims occasioned by such actions.
- 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:
- to indemnify and save harmless Auctioneers, CIM-NSC and their auction item donors ("Donors") from any and all actions, causes of action, suits, damages, costs and losses of any nature, arising from the purchase or use of any items, or the attendance or participation of Bidder, his agents or employees, at the Auction whether before, during or after the Auction;
- to be responsible for the payment of the purchase price and any taxes due on all of Bidder's Purchases.
- that all rights and defenses available to Auctioneers hereunder shall extend to the Donors and CIM-NSC .
- The terms shall be governed by and interpreted under the laws of, and any action hereunder against Auctioneers and/or CIM-NSC shall be commenced in, the State and Country in which the Auction occurs. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
- 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:
- 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
- are fit for any particular purpose, or
- are merchantable or financeable, or
- are of any particular age, year of manufacture, model, make or condition.
- Auctioneers and/or CIM-NSC, 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.
- 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. No person shall have any claim against Auctioneers or CIM-NSC for any injuries sustained, nor for damages to or loss of property that may occur as a result of their presence at the Auction site.
- Any dispute arising as to any bidding shall be settled by Auctioneers and/or CIM-NSC at their sole discretion and Auctioneers and/or CIM-NSC 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.
- Purchases become the responsibility of and shall be at the risk of Purchaser upon acceptance of his or her bid. It shall be the responsibility of Purchaser to insure these purchases immediately. CIM-NSC and/or Auctioneers shall not be responsible for loss or damage to any purchase.
- All payments must be made by cash, check, Visa, MasterCard, Amex, Discover or wire transfer payable to "National Steering Committee for CIM" on the day of Auction. Purchases will not be released until paid for in full.
- Nevada State tax 8.15% applicable on all items purchased for use or consumption in the State of Nevada.
- Any Purchases residing at the Convention Centre may only be removed after completion of the Auction and must be removed from the Auction Site within one (1) day of the Auction. All costs, responsibility and risk of such removal shall be borne by Purchaser. Purchaser agrees to indemnify and save harmless both CIM-NSC and Auctioneers against any damage caused by the acts of Purchaser in removing Purchases. Purchaser shall be liable for any rent incurred or damages suffered by Auctioneers' and/or CIM-NSC because of Purchaser's failure to remove any Purchase.
- Lot descriptions and details in the Listing Catalog or elsewhere have been prepared as a guide only, based on information from sources believed to be reliable and from the Donors; however their accuracy cannot be guaranteed or warranted. No sale shall be invalidated; nor shall Auctioneers and/or CIM-NSC be liable as a result of defects or inaccuracies in such Lot descriptions or details. Bidder acknowledges that all Lots were available for inspection prior to the Auction and that it is his or her responsibility to inspect all items and to make his or her own inquiries prior to bidding.
- 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.
- These are the complete Terms and may not be amended except by agreement in writing signed by Auctioneers and the respective Purchaser.
- All information will be retained in accordance with the Auctioneers' Privacy Statement, available at www.rbauction.com. The Bidder consents to the Auctioneers collection, use and disclosure of the personal information provided by the Bidder as stated therein.