General Terms and Conditions
Purpose. These Terms and Conditions apply to anyone who accesses the "My Account" section of www.encanpaquette.com which allows potential buyers ("Buyer") to bid on goods posted by Paquette & Associés, Huissiers de justice, s.e.n.c.r.l. ("Paquette") on behalf of creditors.
Modification of Terms and Conditions. The Terms and Conditions are subject to change at any time by Paquette and it is Buyer's responsibility to review the changes on the auction website www.encanpaquette.com.
Access to the "My Account" section. To access the auction, the Buyer must have duly completed and signed the Account Opening and Acceptance of Terms and Conditions Form and forwarded it to Paquette. Paquette reserves the right to deny access to any Buyer and may, without prior notice and without liability, revoke any access previously granted.
Governing Law. This Agreement shall be governed by and construed in accordance with the laws applicable in the Province of Quebec. The parties agree to submit to the jurisdiction of the court of competent jurisdiction sitting in the judicial district of Montreal, Province of Quebec, with respect to any dispute relating to www.encanpaquette.com
Operation of the auction
List of goods offered at the auction. Each week (usually on Fridays), the Buyer will receive by email the list of goods that will be sold during the next auction (usually on Mondays) and the date and time when the goods will be sold on the website www.encanpaquette.com.
Participation in the auction. To participate in the auction, the Buyer must log into the "My Account" section using a login and password provided by Paquette. Any bid placed on an item is irrevocable and binding on the Buyer in the event of a winning bid at the end of the auction.
Description of goods. Each item for sale is accompanied by a detailed description including: several photos, a condition report and the Carfax (when available). No guarantee is made regarding this information.
Bidding on the goods. The good will be conditionally awarded to the Buyer who has made the highest bid at the end of the auction (subject to the condition mentioned in clause 10 below). We suggest that you always refresh your page, as there may be several bids on the same item in a short period of time.
End of the auction. On the day of the sale, the approximate end time of the auction is 2:00 PM. The time is extended by two minutes when a potential buyer bids on the good.
No rights to the conditionally auctioned good. The fact that a Buyer has made the highest bid on an item at the end of the auction does not give him/her any rights on the item. Following the auction, the winner of an item must wait for written confirmation from Paquette of acceptance of his/her bid which will be communicated to the Buyer in accordance with clause 11 below. Before accepting a Buyer's bid, Paquette must obtain the approval of the creditor of the good who is not required to accept any bid. Thus, Paquette reserves the right to refuse a winning bid or cancel a sale at any time, without cause and at its sole discretion. In such event, Buyer shall have no recourse against Paquette or the creditor of the good.
Sale of a good. When the sale of a good is approved by Paquette, a confirmation and/or receipt of sale will be sent to the Buyer by e-mail. Applicable taxes will be added to the sale price.
Payment for the item and taking possession. Once Paquette has confirmed the sale of a good to the Buyer, the Buyer shall pay for the good sold, the applicable sales taxes and recuperation fees in the amount of $280.00 plus taxes (including Carfax) and take possession of the good at his own expense within 48 hours of the confirmation. After this period, Paquette may consider the sale null and void and the buyer will be responsible for the storage fees and the difference between the selling price agreed upon with the Buyer and the price that will be paid by a potential buyer.
No warranty. Sales made at the auction are made without warranty, at Buyer's risk and are non-arbitrable.
Risks. Paquette will assume the risk of the good until it is sold. Upon acceptance and confirmation by Paquette of Buyer's offer, Buyer shall assume the risk.
Limitation of liability. The Buyer agrees and acknowledges that Paquette shall not be liable for any damages, direct or indirect, arising out of the sale, transportation, storage or operation of any goods purchased in a sale, including, but not limited to, loss due to or caused by a cancelled sale or clerical errors.
- All liens on the good will be removed following the sale.
Thank you and enjoy the auction.