LYNX 1/4 TON CHAIN HOIST

TERMS AND CONDITIONS 

THIS ON-LINE AUCTION SHALL BE CONDUCTED IN CANADIAN FUNDS. PRE-APPROVAL BY X-SELL AUCTIONS SERVICES IS REQUIRED AT ON-LINE REGISTRATION TIME ALONG WITH VALID IDENTIFICATION INFORMATION (IE: DRIVER’S LICENSE). 

A DEPOSIT OF 25% SHALL BE REQUIRED AT TIME OF PURCHASE ON AMOUNTS OF $5,000 AND MORE. BALANCE OF PAYMENT NOT TO EXCEED 72 HOURS FROM DATE OF SALE. ALL PURCHASES OF THE MERCHANDISE BY THE BUYER SHALL BE "PAID IN FULL" PRIOR TO REMOVAL. 

WE ACCEPT THE FOLLOWING TERMS OF PAYMENTS FOR THIS AUCTION

CASH, CERTIFIED FUNDS, BANK WIRE TRANSFERS, AND/OR E-TRANSFERS: 

 ALL SUCH TERMS OF PAYMENT SHALL BE GOVERNED BY X-SELL AUCTION SERVICES AND AGREED TO BY THE "BIDDER/BUYER" AT THE TIME OF PURCHASE. 

A BUYER’S PREMIUM OF 18% WILL BE APPLIED ON THIS AUCTION. 

1. X-SELL AUCTION SERVICESHEREINAFTER REFERRED TO AS "X-SELL" AND BIDDER(S) / PURCHASER(S) HEREINAFTER REFERRED TO AS "BUYER" SHALL ENTER INTO A SALE/PURCHASE IRREVOCABLE AGREEMENT WITH RESPECT TO THIS ONLINE AUCTION. 

  2. IN THE EVENT OF A DISPUTE BETWEEN X-SELL & BUYER, THE OUTCOME OF THE SAME SHALL BE IN FAVOR OF X-SELL. 

  3. X-SELL SHALL RESERVE THE RIGHT TO ACCEPT OR REJECT, AT X-SELL’S DISCRETION, BUYER’S REGISTRATION. 

 4. X-SELL SHALL RESERVE THE RIGHT TO MODIFY AND/OR AMEND ANY AND/OR ALL THE TERMS AND CONDITIONS MENTIONED HEREIN. ALL BUYERS SHALL BE BOUND TO ALL THE TERMS AND CONDITIONS SET FORTH IN THIS CONTEXT. 

5. BUYER IS PURCHASING AND ACCEPTS THE MERCHANDISE ON AN "AS IS, WHERE IS" BASIS AND X-SELL MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONDITION, MERCHANTABILITY, QUALITY, SUITABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE MERCHANDISE. ANY AFFIRMATION OF FACT OR PROMISE BYX-SELL TO BUYER RELATING TO THE MERCHANDISE SHALL NOT BE REGARDED AS PART OF THE BARGAIN EVIDENCE BY THE TERMS AND CONDITIONS AND SHALL NOT BE DEEMED TO CREATE ANY EXPRESS WARRANTY THAT THE MERCHANDISE WILL CONFORM TO SUCH AFFIRMATION OR PROMISE. NO DESCRIPTION OF THE MERCHANDISE OR EXHIBITION OF ANY SAMPLE OR MODEL SHALL BE REGARDED AS PART OF THE BARGAIN, NOR SHALL IT BE DEEMED TO CREATE ANY EXPRESS WARRANTY THAT THE MERCHANDISE WILL CONFORM TO SUCH DESCRIPTION OR TO SUCH SAMPLE OR MODEL. ALL MERCHANDISE IS SUBJECT TO PRIOR SALE AND ALL SALES ARE FINAL. BUYERS ARE WELCOME TO INSPECT ALL MERCHANDISE PRIOR TO THE SALE. 

6. BUYER AGREES, IMMEDIATELY UPON RECEIPT OF THE MERCHANDISE, TO REMOVE ALL LABELS, PRICE TAGS AND OTHER SIMILAR IDENTIFYING MARKS WHICH IN ANY WAY IDENTIFY OR REFER TO X-SELL OR ITS AFFILIATED ENTITIES; PROVIDED, HOWEVER, BUYER SHALL NOT REMOVE MARKS WHICH HAVE BEEN APPLIED OR AFFIXED TO THE MERCHANDISE, WHETHER VISIBLE OR NOT, 

(I) RELATED TO THE TYPE OR CONDITION OF THE MERCHANDISE, I.E.: "SALVAGE MERCHANDISE" OR "DAMAGED MERCHANDISE" (AND/OR ABBREVIATIONS OR SYMBOLS RELATED THERETO), OR  (II) CONTAINING PRODUCT SAFETY, CARE, USE, CONTENT OR WARNING INFORMATION. 

IN NO EVENT SHALL BUYER RESELL THE MERCHANDISE WITH ANY MARKS IDENTIFYING X-SELL ON SUCH MERCHANDISE. BUYER AGREES NOT TO DISCLOSE, DIRECTLY OR INDIRECTLY, TO ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, BUYER’S CUSTOMERS, AND TO KEEP IN STRICTEST CONFIDENCE,X-SELL’S IDENTITY, THE TERMS AND CONDITIONS OF THIS TRANSACTION, AND THE SOURCE OF THE MERCHANDISE. 

7. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BUYER HEREBY AGREES TO INDEMNIFY AND DOES HOLD HARMLESS X-SELL, ITS AFFILIATED ENTITIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS AND EMPLOYEES (COLLECTIVELY, "INDEMNITEES") FROM AND AGAINST ALL CLAIMS, DAMAGES, LIABILITIES, LOSSES, OR CAUSES OF ACTION (INCLUDING REASONABLE EXPENSES AND FEES) FOR DEATH OF OR INJURY TO, AND/OR DAMAGE TO PROPERTY OF BUYER , ITS EMPLOYEES, AGENTS, INVITEES, VENDEES, CUSTOMERS, LEGAL REPRESENTATIVES, HEIRS, SUCCESSORS AND ASSIGNS, ARISING OUT OF OR CAUSED BY (IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY)  

(I) THE ACCEPTANCE, DELIVERY, SALE HEREUNDER, RESALE, USE OR RETURN OF THE MERCHANDISE OR  (II) BUYER’S BREACH OF THIS TERMS AND CONDITIONS (COLLECTIVELY, "LIABILITIES"), EVEN IF SUCH LIABILITIES ARISE FROM OR ARE ATTRIBUTED TO THE NEGLIGENCE (WHETHER CONCURRENT, ACTIVE OR PASSIVE) OF ANY INDEMNITEE.  

BUYER FURTHER HEREBY UNCONDITIONALLY AND IRREVOCABLY WAIVES AND RELEASES THE INDEMNITEES FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION WHATSOEVER THAT BUYER MAY POSSESS FOR ANY DAMAGES OR LOSSES WHICH MAY ARISE FROM THE ACCEPTANCE, DELIVERY, SALE HEREUNDER, RESALE, USE, OR RETURN OF THE MERCHANDISE EVEN IF SUCH DAMAGE OR LOSS ARISES FROM OR IS ATTRIBUTABLE TO THE NEGLIGENCE (WHETHER CONCURRENT, ACTIVE OR PASSIVE) OF ANY INDEMNITEE. THE TERM "CLAIMS" AS USED HEREIN SHALL INCLUDE, WITHOUT LIMITATION, STRICT LIABILITY CLAIMS, PRODUCT LIABILITY CLAIMS AND CLAIMS RELATED TO SAFETY, HEALTH OR THE ENVIRONMENT. 

8. BUYER AGREES TO PAY ANY AND ALL TAXES ASSESSED OR PAYABLE WITH RESPECT TO THE SALE OF THE MERCHANDISE HEREUNDER (OTHER THAN INCOME TAX PAYABLE, IF ANY) INCLUDING BUT NOT LIMITED TO SALES, EXCISE, DUTY, CUSTOMS AND SIMILAR TAX. BUYER FURTHER AGREES TO INDEMNIFY AND DOES HOLD X-SELL HARMLESS FROM ANY AND ALL COSTS, CLAIMS, EXPENSES, CHARGES OR LOSSES ARISING FROM, OUT OF OR RELATED TO BUYER’S BREACH OF ITS AGREEMENT SET FORTH IN THE PRECEDING SENTENCE. 

9. X-SELL RESERVES THE RIGHT TO SET MINIMUM BIDS ASX-SELL DEEMS APPROPRIATE. 

10. ALL PURCHASES OF THE MERCHANDISE BY THE BUYER SHALL BE "PAID IN FULL" PRIOR TO REMOVAL. SHOULD THE BUYER NOT RESPECT THE TERMS AND CONDITIONS SET FORTH IN THIS DOCUMENT AND HAS NOT PAID FOR IN FULL AND REMOVED ALL SAID PURCHASES WITHIN A CERTAIN PERIOD OF TIME AS AGREED TO AT THE TIME OF PURCHASE BY BUYER & X-SELL, THENX-SELL SHALL EXERCISE THE RIGHT TO CONSIDER THIS A BREACH OF UNDERSTANDING / ACCEPTANCE / AGREEMENT BETWEENX-SELL & BUYER SUCH THATX-SELL SHALL RESERVE THE RIGHT TO CANCEL THE SALE, AND RETAIN THE BUYER’S DEPOSIT(S), PAYMENT(S) AND SHALL HOLD BUYER BOUND AND RESPONSIBLE TO ANY AND/OR ALL FURTHER COSTS WITH RESPECT TO EXPENSES TOX-SELL IN PURSUANCE OF SALE TO BUYER. 

11. BUYER IS A REPUTABLE PURCHASER AND SHALL BE BOUND TO THE TERMS AND CONDITIONS SET HEREIN. 

12. ANY AND/OR ALL REMOVAL(S) OF PURCHASED MERCHANDISE BY THE BUYER WITH RESPECT TO RIGGING AND/OR MILLWRIGHT SERVICES SHALL BE OPT TO THE DISCRETION OF X-SELL’S ACCEPTANCE OR REFUSAL DUE TO CERTAIN CRITERIA OF INSURANCES AND ALL INVOLVED ACTIONS OF REMOVAL. PLEASE CONTACT A X-SELL REPRESENTATIVE AT TIME OF PURCHASE TO MAKE LOGISTICS ARRANGEMENTS.    

BUYER AGREES TO AND ACCEPTS IN FULL UNDERSTANDING ALL THE TERMS AND CONDITIONS SET FORTH IN THE AFOREMENTIONED CLAUSES IN THIS DOCUMENT.