Terms & Conditions - McDougall Auctioneers

Welcome to McDougall Auctioneers, your total source for buying recreational equipment, farm equipment, business equipment, vehicles, agricultural, industrial equipment and much more. Please read and review the terms and conditions ("the Agreement") below carefully. This Agreement summarizes the rules governing your use of www.mcdougallauction.com. The Agreement enables the owners of www.mcdougallauction.com, McDougall Auctioneers (hereinafter "www.mcdougallauction.com"), to offer an easy, secure and fair place for buyers of bank repossessed and lease returned recreational equipment, farm equipment, business equipment, vehicles, agricultural and industrial equipment to enter into contracts with www.mcdougallauction.com for the purchase of such equipment. When you click on the "place bid" button on the "Place Bid" page you are entering into a legal contract with McDougall Auctioneers in which you agree to abide by this Agreement in all aspects of your use of www.mcdougallauction.com. Anyone using www.mcdougallauction.com, executing a bid for an item on www.mcdougallauction.com, or requesting an item on www.mcdougallauction.com, will be deemed to have consented to this Agreement. If you do not agree to these terms and conditions, you may not place a bid on www.mcdougallauction.com or use any services of McDougall Auctioneers. As used in this Agreement, "you" are an individual acting on your own behalf, or "you" are an agent of a person or entity that has authorized you to act on that person's or entity's behalf.

Eligibility And Authorized Use

Use of www.mcdougallauction.com is limited to persons who may lawfully enter into and form contracts under applicable law. For example, minors are not allowed to enter bid contracts. By using www.mcdougallauction.com, you warrant or certify that: - You are at least 18 years of age (or older, if required by applicable law) and possess the legal authority to enter into this Agreement. - You agree to be financially responsible for all of your use of www.mcdougallauction.com (as well as for use of your account by others, including without limitation minors living with you). - You agree to supervise and be responsible for all usage of minors of www.mcdougallauction.com under your name or account. - All information supplied by you or members of your household in using www.mcdougallauction.com, including without limitation your name, email address, street address, telephone number is true and accurate. You Agree to pay all penalties, damages, losses, lawyer's fees, anticipated selling commissions as per value deemed by www.mcdougallauction.com and expenses incurred by McDougall Auctioneers in the event you do not provide accurate information. McDougall Auctioneers reserves the right to consider certain usernames as invalid, misleading, or inappropriate, and we may ask users with such usernames to change them. Notwithstanding the foregoing or any other provision of this Agreement, McDougall Auctioneers reserves the right to refuse any bid for any reason in its sole discretion. All registered and existing users must have a current and accurate email address and certify that all of the information entered on the registration including credit card information is true and correct. At the time of registration, you consent to have McDougall Auctioneers store your credit card information on file. Upon registration you are authorizing McDougall Auctioneers to verify your credit card information by charging your credit card a non-refundable $1.00 dollar plus applicable taxes verification charge. Any credit card changes after registration will result in an additional non-refundable $1.00 dollar plus applicable taxes charge per credit card verification. With respect to existing customers a non-refundable $1.00 dollar plus applicable taxes charge will be levied if verification is required.

McDougall Auctioneers reserves the right to revoke bidding privileges for any reason deemed necessary and is not liable for any loss of bidding and/or potential purchases under any circumstances. McDougall Auctioneers will not be held liable for any electronic/auto generated communication for the online bidding process.

Buying

As a buyer, you are obligated from the time you place your offer or bid to complete any purchase for which your offer is accepted, or your bid represents a winning bid in accordance with the specifications of www.mcdougallauction.com. You may not retract any offer or bid. You may not influence or manipulate the offering or bidding process to compel other buyers to accelerate their offers or bids or hamper others from offering or bidding without interference. Owners/Consignors are forbidden by contract from bidding on items they are selling. We describe all units based on a visual inspection only. We make a good faith effort to accurately describe each item, however there may be hidden damage or details we may unintentionally miss that may appear obvious to the buyer. If you bid on an item, you agree and fully understand all the terms and conditions of the use and interaction and payment/pick up conditions of www.mcdougallauction.com. By bidding on www.mcdougallauction.com or its subsidiary website addresses you agree that everything is sold on a AS IS WHERE IS basis with no guarantee of road worthiness or its entirety. The Buyer acknowledges and agrees that a sale by auction is not subject to the statutory implied and express conditions, warranties and representations contained in The Sale of Goods Act and/or The Consumer Protection and Business Practices Act or similar legislation of any Provinces of Canada. The Buyer acknowledges and agrees that this purchase is ''as is, where is'' and these terms and conditions are meant to be an express agreement between the parties for the purposes of The Sale of Goods Act of any province of Canada, and the Buyer shall not seek to rely upon any express or implied conditions, warranties or representations contained in The Sale of Goods Act and/or The Consumer Protection and Business Practices Act or similar legislation of any Provinces of Canada.

Terms of Reserve Bids / Subject to Approval

On this item or piece of equipment, the customer who places the highest bid will be notified via email advising them that they are the highest bidder, and the reserve price has not been met. The customer will be further advised that their bid has been submitted to the seller for consideration and is pending approval. A sales representative will be in contact with you within 48 hours to confirm the outcome of acceptance. Please note that your bid is binding throughout the 48-hour approval period and if accepted by the seller you must carry through with your purchase with no exceptions. If you have further questions, please feel free to contact the office at 1-800-263-4193.

Subject to Redemption

The phrase "subject to redemption" regarding an item or equipment signifies the possibility of the said item being removed from the auction, making it unavailable for sale during the auction process. This typically occurs when the equipment is part of a financial agreement, and we are selling it on behalf of the creditor, giving the original owner the right to reclaim the equipment until a specified date. Another scenario where this term is used is in a legal context, where a resolution is reached during the legal proceedings, rendering the sale of assets unnecessary. In such cases, legal counsel is obliged to withdraw these items from the auction, deeming them no longer eligible for sale. Importantly, "subject to redemption" does not imply any risk that, if the equipment goes to a final auction sale and the transaction is completed, you won't have full and unrestricted access to and ownership of the equipment, free from any liens or encumbrances. The term is primarily used to accommodate the financial institution or legal counsel's ability to withdraw the equipment, vehicle, or asset from the auction sale when legal obligations to any involved parties dictate so.

Terms of Lien Release

Upon payment to McDougall Auctioneers, the sale funds will be forwarded to the creditor in a timely fashion, initiating the release of their registration. While this procedure typically progresses swiftly, please keep in mind that the exact duration may vary. It's important to note that McDougall Auctioneers acts as the custodian of your title's clarity, and this clear title will be reflected in the registration over time. If you require immediate sale financing of the item and cannot accommodate any potential delays, we advise taking this into consideration during your purchase, as our process's speed is subject to external factors out of our control. For any inquiries, please direct them to financialcommunications@mcdauction.com.

Fees

McDougall Auctioneers reserves the right to charge various fees to buyers for the use of any and all services of www.mcdougallauction.com, including, but not limited to, sale and/or auction listings and transaction fees based on completed transactions using www.mcdougallauction.com. McDougall Auctioneers reserves the right to charge a buyer's premium which is laid out on each lot.
For example, 15% to a max of $1,250.00. If there is a lot with a Must Take X Times the Bid Price the buyer's premium will be charged on a per item basis, not on a lot basis. For example, if you are bidding on a lot described as Yamaha Golf Cart (Must Take 3 Times the Bid Price) and the bid price sold is $2,500.00, the total of the purchase would be $7,500.00 plus 15% buyer's premium of $1,125.00 plus applicable taxes.
The buyer's premium/fee is subject to change at the discretion of McDougall Auctioneers www.mcdougallauction.com further reserves the right to impose or change any and all fees from time to time including a 3% fee for use of Visa/Master Card to pay for purchases. Buyers are responsible for any charges, duties, taxes, and assessments arising out of their use (and the use by another acting as an agent of a buyer or over whom a buyer has control) of www.mcdougallauction.com.
McDougall Auctioneers reserves the right to charge buyers fees and/or buyer's premiums on all items sold. McDougall Auctioneers reserves the right to charge fees to buyers for their use of any inspection services offered by McDougall Auctioneers. Further, McDougall Auctioneers has the right to charge storage fees for items that are not recovered by the winning bidder within the allotted release period from receiving notification of successful bid. The rate charged for items left at a McDougall Auctioneers sale location over the allotted release period shall be subject to, $5 per item per day on items stored inside and a minimum $25.00 per item per day on items stored outside unless otherwise arranged. Applicable storage fees will accrue from the original sale date. If property is not physically picked up within the allotted release period from receiving notification on sale closing day we reserve the right to resell with or without notification. Photo ID is required on pick up of all equipment and merchandise purchased from our yard site. A letter or email of authorization will be required if buyer is unavailable to pick up items and sends a third party to do so.
Proxy bidding & phone bidding will be accepted for a 15% 'proxy premium' to a max of $1,250.00.
Effective February 1st, 2025: All lots will be subject to a 15% Buyer's Premium, with a minimum fee of $20 per lot and a maximum of $2,000 per lot. Some lots may have no maximum Buyer's Premium.

Abandoned Items

Any item(s) paid or outstanding and determined to be abandoned by McDougall Auctioneers, following the allocated pick-up terms and conditions of the sale shall be treated as "Abandoned Property". McDougall Auctioneers will initiate the abandonment process at their discretion with or without notifying the purchaser which will include but not limited to, sale of the item(s), removal from site, forfeit of funds, site cleanup and associated fees which may include storage, administration, commission and or other miscellaneous charges.

Terms Of Sale

If your offer is accepted or you place the winning bid in an auction, you must tender payment to McDougall Auctioneers within three (3) business days and/or the allotted payment timeline terms as laid out on the auction event, inclusive of the closing day of the auction in which your offer was accepted or you placed the winning bid. Payment is required to be made in the form of a certified cheque, cashier's check, money order, cash, or a wire transfer of immediately available funds, and must be made payable to McDougall Auctioneers, for an amount equal to the full amount of the buyer's winning bid plus listed transaction fee and any applicable sales tax and title transfer fees in Canadian Funds. You agree to pay for your purchase within three days of the closing date of the online auction, and you also agree to pick up your purchase within five days of online sale closing. In the event that your account is not paid in full, you consent to have McDougall Auctioneers to use any/all credit cards on file to balance the account. You authorize payment and agree for McDougall Auctioneers to collect funds on a credit card without verification of signature or pin number. McDougall Auctioneers reserves the right to take a non-refundable deposit on outstanding accounts of up to 10% of the balance owing. For Saskatchewan Ministry of Agriculture sales where the bidder has been determined to be delinquent or disqualified, either at McDougall Auctioneers or the Ministry of Agriculture's determination for any reason including but not limited to non-payment, missing paperwork, lack of communication, etc. We reserve the right to charge the delinquent or disqualified account a penalty fee of 2% of the total bid price, payable to McDougall Auctioneers and authorize McDougall Auctioneers to charge any and all credit cards on file and or pursue with legal action plus expenses to balance the delinquent account. In addition, the bidder would be banned from all future McDougall Auctioneers auction sales including all Saskatchewan Ministry of Agriculture auctions. For Saskatchewan Ministry of Agriculture leases allocation auctions where the bidder has been determined to be delinquent, either at McDougall Auctioneers or the Ministry of Agriculture's determination for any reason including but not limited to ineligibility, disqualification, non-payment, missing paperwork, etc. We reserve the right to charge the account a penalty fee of $750.00.00 CDN, payable to McDougall Auctioneers and authorize McDougall Auctioneers to charge any and all credit cards on file and or pursue with legal action plus expenses to balance the delinquent account. In addition, the bidder would be banned from all future McDougall Auctioneers auction sales including all Saskatchewan Ministry of Agriculture auctions. www.mcdougallauction.com is also an Approved Auction through Automotive Finance Corporation (AFC). We will accept payment from AFC drawn against a credit account a dealer has in place with this lender. Without limiting McDougall Auctioneers discretion, no corporate checks without a bank guarantee and no personal checks will be accepted. No title or possession shall pass to the buyer until the total amount of the outstand debt has been paid to McDougall Auctioneers. If McDougall Auctioneers fails to receive the accepted offer or winning bidder's payment within the (3) day and or the allotted payment time period, following the close of the sale or auction in which the buyer submitted the accepted offer or winning bid, the accepted offer or winning bid shall be deemed null and void effective at 12:01 am Central Time on the following day. If the buyer defaults in making timely payment or in any other respect whatsoever, McDougall Auctioneers shall be held harmless against any and all related lawsuits and judgments arising there-from. Purchaser is responsible for paying the entire amount due in its entirety to McDougall Auctioneers, including any applicable taxes, shipping and other charges prior to any item being released. Shipping / Mailing smaller items will always be subject to a minimum $5.00 charge, or an increased fee at the discretion of McDougall Auctioneers staff. With respect to applicable taxes, McDougall Auctioneers will advise you subsequently of the exact amount of tax due on your purchase. If the item is not paid in full within the (3) day and or the allotted payment time period or if you, as a high bidder (buyer), convey to McDougall Auctioneers in any way that you are "backing out" of your responsibility to purchase a unit that you are the high bidder on with the reserve being met your bidding privileges will be revoked. However, McDougall Auctioneers reserves the right to remove or sell items if the item is deemed of no interest, and only if there has been no prior bidding activity on that lot. Auction Company's Right to Restart Bidding: McDougall Auctioneers reserves the right to restart the bidding in the event of a prodigious mistake bid or a material change in the item being sold. In the event of such circumstances, the auction company may or may not notify bidders of the situation and may restart the bidding at a level that is fair and appropriate under the circumstances. The auction company's decision to alter the bidding will be final, and it will not be responsible for any loss or damages suffered by bidders as a result of the alteration. Bidders are advised to regularly check the item description and other information related to the auction, as changes or mistakes may occur at any time. Collapsing a Sale Post Auction: In exceptional circumstances, McDougall Auctioneers reserves the right to collapse a sale post-auction. Such circumstances may include, but are not limited to, a material change in the item being sold that was not disclosed prior to the auction, a serious error or mistake in the bidding process, or any other situation that the auction company deems justifies the collapse of the sale. In the event that a sale is collapsed post-auction, the auction company will notify the winning bidder as soon as possible and will refund any payments that have been made in connection with the sale. The auction company's decision to collapse a sale post-auction will be final, and it will not be responsible for any loss or damages suffered by the winning bidder as a result of the collapse. Clear Title: McDougall Auctioneers makes every effort to ensure that all items sold have a clear title. However, in the event that clear title cannot be achieved, McDougall Auctioneers may cancel the sale or withdraw the item from the auction. If an item is withdrawn from the auction due to a lack of clear title, the auction company will not be responsible for any damages or costs incurred by bidders or buyers. The auction company's decision to cancel a sale or withdraw an item from the auction due to a lack of clear title will be final. The customer or agent of the customer acknowledges and understands that damages may occur during the loading and unloading service provided by McDougall Auctioneers. By using www.mcdougallauction.com or its affiliates the customer hereby releases McDougall Auctioneers from any and all liability associated to the loading and/or unloading service. We reserve the right to additions and deletions of items in live or online auction at any time for any circumstance. Upon the fall of the hammer or in a similar manner, all property or assets sold immediately become the exclusive responsibility of the buyer. From that moment, any risk of loss, theft, or damage is borne entirely by the buyer, who recognizes their duty to secure, defend, and insure their acquired items. A maximum limit of $2,500.00 will be accepted via online credit card payment, and if the invoice amount is higher than $2,500.00, other certified payment arrangements must be made within the payment terms laid out in this agreement. If McDougall Auctioneers does not receive full payment within the allotted payment terms laid out within the auction details, interest on overdue amounts will be paid by the 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 McDougall Auctioneers.

Sale of Asset Liability Disclaimer

McDougall Auctioneers makes no representations or warranties of any kind, express or implied, as to the accuracy, completeness, suitability, or reliability of any information, content, materials, products, services, or items sold through the auction. McDougall Auctioneers disclaims any liability for any defects, errors, inaccuracies, or omissions in any information, content, materials, products, services, or items sold through the auction. McDougall Auctioneers is not responsible for any certification, safety, or CSA approval of any items sold through the auction. The buyer assumes all risks and liabilities associated with the purchase and use of any items sold through the auction. The auction company shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with any items sold through the auction, including but not limited to personal injury, death, property damage, or economic loss.

Firearms License Disclaimer

McDougall Auctioneers does not undertake the responsibility of verifying the licensing status or qualifications of bidders in relation to the Firearms Act (SC 1995, c. 39) or any other applicable laws and regulations. It is the sole responsibility of the bidder to ensure they are in compliance with the Firearms Act and any other relevant federal, provincial, and local laws and regulations regarding the purchase, ownership, transfer, and transportation of firearms. By participating in our firearms auctions, bidders acknowledge and agree that they are fully responsible for understanding and adhering to the requirements set forth in the Firearms Act (SC 1995, c. 39) and any other pertinent legal obligations. This responsibility includes, but is not limited to, possessing valid firearms licenses, registration certificates, and permits as required under the Firearms Act and associated regulations. McDougall Auctioneers will not be held liable for any failure on the part of bidders to comply with the Firearms Act or any other legal requirements. Bidders are required to ensure that they meet all legal prerequisites for the transfer, ownership, and transportation of firearms, with no exceptions under any circumstances.

No Guarantee of Authenticity

By participating as an online bidder on our platform, you acknowledge and agree that McDougall Auctioneers makes no guarantee, warranty, or representation regarding the authenticity of any items listed for auction. All items are sold "as is, where is" and without any express or implied warranty of authenticity. While we strive to provide accurate and detailed information about the items, including provenance and historical context, we cannot verify the authenticity of each item listed on our platform. It is the responsibility of the bidder to conduct their own due diligence and research before placing a bid. By placing a bid, you accept that any decision to bid on an item is made at your own risk, and McDougall Auctioneers shall not be held liable for any disputes, claims, losses, or damages arising from the authenticity or misrepresentation of any auctioned item. We strongly encourage bidders to carefully review item descriptions, images, and any available supporting documentation, and to seek independent expert opinions when necessary. Additionally, we may provide information about third-party authentication services, but we do not endorse or guarantee the results of such services. By participating in our online auctions, you agree to release McDougall Auctioneers and its affiliates, employees, agents, and representatives from any liability related to the authenticity of auctioned items, and you fully assume all risks associated with bidding and purchasing items through our platform. By participating in the auction, the buyer acknowledges and accepts full responsibility for assessing the condition, authenticity, and suitability of the item before submitting any bids or making a purchase. The buyer agrees not to hold McDougall Auctioneers accountable for any misrepresentations, inaccuracies, defects, or undisclosed information related to the item, and further agrees to indemnify and hold harmless McDougall Auctioneers from any resulting damages, losses, or claims arising from their failure to conduct proper due diligence. This release of liability is a binding agreement between the buyer and McDougall Auctioneers and applies to all transactions conducted on our platform. This clause is a fundamental part of our terms of service, and by continuing to use our platform as an online bidder, you signify your acceptance and understanding of this no guarantee of authenticity policy.

Terms of Buy Now

If you initiate the BUY NOW option on a lot you must contact the office immediately and make a down payment of 10% of the buy now price. The remaining amount must be paid in full within 24hrs of initiating the buy now option. The Buy Now option is no longer available after 9:00 AM closing day of the auction.

Modification of This Agreement

McDougall Auctioneers reserves the right to amend this Agreement at any time. All modifications and amendments will be posted on the www.mcdougallauction.com website, and you are responsible for regularly reviewing and understanding these modified or amended terms and conditions. Unless otherwise specified by McDougall Auctioneers or by law, any modifications or amendments shall be effective immediately upon posting to this site.

Links To And From Third Party Sites

Www.mcdougallauction.com may contain hyperlinks to web sites of affiliates and advertisers. These linked sites provide services of affiliates and advertisers who are independent of www.mcdougallauction.com. McDougall Auctioneers provides these links to you solely as a convenience, and the inclusion of any link does not imply endorsement by www.mcdougallauction.com of the site or any association with its operators. The linked sites are not under the control of McDougall Auctioneers and McDougall Auctioneers is not responsible for the contents of any linked site, including without limitation any link contained in a linked site, or any changes or updates to a linked site. McDougall Auctioneers is not responsible for web casting or any other form of transmission received from any linked site.

No Unlawful Or Prohibited Use

As a condition of your use of www.mcdougallauction.com, you warrant that you will not use www.mcdougallauction.com for any purpose that is unlawful or prohibited by this Agreement. You may not use www.mcdougallauction.com in any manner that could damage, disable, overburden, or impair www.mcdougallauction.com or any user of www.mcdougallauction.com, or interfere with any other party's use of www.mcdougallauction.com. It is your responsibility to determine whether the purchase of any listed item is legally permissible.

Use of Information Provided by Users to McDougall Auctioneers

When you register to become a user of www.mcdougallauction.com, you provide us with information about you and your business. McDougall Auctioneers. primary goal in collecting information is to facilitate the sale of an item listed on the www.mcdougallauction.com website. You are sharing the information that you provide with McDougall Auctioneers alone, unless it is specifically stated otherwise. We also provide to buyers the information necessary to facilitate the sale or auction transaction between the buyer, seller and McDougall Auctioneers may disclose from time to time aggregated user statistics that do not identify individual users in order to describe our services to prospective partners, advertisers, and other third parties, and for other lawful purposes. McDougall Auctioneers may disclose account information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating www.mcdougallauction.com's Terms and Conditions of Use of this Site or may be causing injury to or interference with (either intentionally or unintentionally) McDougall Auctioneers rights or property, other www.mcdougallauction.com users, or anyone else that could be harmed by such activities. McDougall Auctioneers may disclose or account information when we believe in good faith that the law requires it and for administrative and other purposes that we deem necessary to maintain, service, and improve our products and services.

No Professional Advice

Any information supplied by any employee or agent of McDougall Auctioneers, whether by telephone, e-mail, letter, facsimile or other form of communication, is intended solely as general guidance on the buying services offered through www.mcdougallauction.com, and does not constitute legal professional advice

No Warranty

McDougall Auctioneers provides its products and services "as is, where is" and without any warranty or refund or representation as to condition, express or implied. McDougall Auctioneers does not guarantee the safety or road worthiness of any of its sale items and strongly recommends to have the items inspected post sale prior to use.

No Guarantee of Continuous Operation

McDougall Auctioneers will endeavor to use diligent and reasonable efforts to maintain the security and operational integrity of the website. However, numerous factors outside the control of www.mcdougallauction.com may interfere with the operation of its web site, and accordingly, www.mcdougallauction.com does not guarantee continuous, uninterrupted or secure access to its services. It is the bidders responsibility to "refresh" each webpage to update to the most current information provided.

Indemnification

McDougall Auctioneers is not responsible for any communication or transaction among users. As a user, you agree to release, indemnify and hold harmless McDougall Auctioneers and its officers and employees from any and all claims, demands and damages (whether actual and/or consequential), including reasonable lawyer's fees, resulting from or associated in any way with your use of www.mcdougallauction.com, your violation of this Agreement or any applicable laws or regulations, or your violation of any rights of another.

Right to Independent Action

McDougall Auctioneers reserves the right, in its sole discretion, to take any independent action it concludes is necessary or desirable to protect the interests of McDougall Auctioneers and eliminate or mitigate any potential liability or injury to any party which may arise.

No Waiver

The failure of McDougall Auctioneers to enforce any terms of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.

Site Outage During Auction Closing Time

If a site outage occurs on the day of the auction sale closing, any auction lots affected by the outage will receive a 24-hour extension from the originally scheduled closing time to the following business day. The last registered bid before the site outage will be reinstated once the www.mcdougallauction.com site is back online. Lots that were closed before the site outage will remain binding, and all the terms and conditions of www.mcdougallauction.com will still apply.

Extension of Scheduled Closing Time

The website www.mcdougallauction.com adheres to a predetermined closing date and time for each listed lot. It operates on a server time, indicating when the bidding will conclude according to that time. As a registered bidder, it is the bidders responsibility to ensure their bid is submitted prior to lot close. McDougall Auctioneers takes no responsibility for late attempts to bid, however to maintain fairness in the process, McDougall Auctioneers reserves the right to extend the closing time if a bid is successfully placed within the last 10 minutes. The server is programmed to automatically prolong the closing time by 10 minutes after the last bid. For instance, if the closing time is originally set for 12:00pm and a new bid is made at 11:55am, the bidding will now continue until 12:05pm.

International Bidding, Legal Entity Distinction, and Jurisdiction Clause

Refundable Deposit Terms and Conditions

Purpose of Deposit

The purpose of the refundable Deposit ("Deposit") is to increase the bidding limit of registered users on McDougall Auctioneers' platform. This Deposit demonstrates a commitment to participate in auctions and ensures the user has sufficient funds to cover any winning bids.
Registration and Deposit Requirement

Customers will be required to provide a refundable deposit as part of the registration process if and when a new limit is requested.
The deposit amount will be 10% of the requested bidding limit, minus the free limit of $10,000. For example, a $100,000 bidding limit will require a $9,000 deposit {($100,000 less $10,000) x 10%}
Registration approval, including bid refundable deposit requirements , is subject to McDougall Auctioneers' discretion based on customer history and intended bidding activity.

Deposit Amount and Methods

The Deposit is calculated at 10% of the customer's desired bidding limit, as detailed above OR The Deposit is calculated at 10% of the customer's desired bidding limit above the $10,000 free bidding limit.
Accepted payment methods include wire transfer and Bank Draft.

Use of Deposit

The Deposit may be applied to any outstanding accounts receivable owed to McDougall Auctioneers.
The Deposit may also be applied to the payment of any invoices arising from winning bids.
The Deposit may be applied as follows: Firstly, to any outstanding accounts receivable owed to McDougall Auctioneers, and, secondly, to the payment of any invoices arising from winning bids.

Refund Eligibility and Processing

The Deposit is refundable if no winning bids are placed, and the customer has no outstanding accounts receivable.
Refunds will be processed upon request.

Penalties and Forfeiture of Deposit

Late payment of invoices may result in a forfeiture of the Deposit in part or in full.
Customers who cancel winning bids or breach McDougall Auctioneers' terms and conditions may forfeit the Deposit, either in part or in full.
Additional administrative fees may be applied for non-compliance, deducted from the Deposit where applicable.

Duration of Deposit Hold
McDougall Auctioneers reserves the right to hold the Deposit for up to 30 days after the conclusion of the customer's last auction participation to account for outstanding payments or disputes.
Amendments
McDougall Auctioneers reserves the right to amend these terms and conditions at any time. Customers will be notified of significant changes via email or through a notice on the company's website.
Acceptance of Terms
By providing the Deposit, the customer acknowledges and agrees to these terms and conditions.

By participating in auctions facilitated by McDougall Auctioneers on www.mcdougallauction.com, you, the bidder or user, acknowledge and agree to the following terms:

Distinct Legal Entities: McDougall Auctioneers operates through two separate legal entities: McDougall Auctioneers Ltd. in Canada and McDougall Auctioneers Inc. in the United States. Each entity is independent and subject to the laws and regulations of its respective country. Your contractual relationship, obligations, and interactions are with the entity of the country where the auctioned item is located.

Entity-Specific Bidding: When bidding on items located within the United States, your engagement is with McDougall Auctioneers Inc. Bidding on items located in Canada entails engagement with McDougall Auctioneers Ltd. This distinction affects whom you are entering into a contract with and under which jurisdiction the contract falls.

Unified Terms and Conditions: Although McDougall Auctioneers Ltd. and McDougall Auctioneers Inc. adhere to fundamentally the same Terms and Conditions for ease of user experience, you agree that any transaction or legal matter arising from your use of www.mcdougallauction.com is exclusively governed by the terms of the specific entity related to the item's location. The Terms and Conditions, including but not limited to bidding, buying, and payment processes, as well as legal liabilities and dispute resolutions, apply according to the governing entity's jurisdictional laws.

Liability and Legal Separation: You explicitly agree that McDougall Auctioneers Ltd. and McDougall Auctioneers Inc. are separate legal entities. A claim or legal action against one entity is not transferrable to or enforceable against the other. You agree not to initiate or attempt to initiate legal proceedings against McDougall Auctioneers Ltd. for matters pertaining to transactions with McDougall Auctioneers Inc., and vice versa.

Jurisdiction and Governing Law: For disputes arising out of or related to transactions or activities with McDougall Auctioneers Ltd. and items located in Canada, this Agreement shall be governed by and construed in accordance with the laws of the Province of Saskatchewan, Canada. The parties agree that any legal action or dispute shall be brought in and adjudicated by a court of competent jurisdiction in the Province of Saskatchewan, Canada.

For disputes arising from transactions or activities with McDougall Auctioneers Inc. and items located in the United States, this Agreement shall be governed by and construed in accordance with the laws of the State of Texas, USA. The parties agree to the exclusive jurisdiction and venue in the courts of Tarrant County, Texas, USA for the adjudication of any disputes.

Acknowledgment of Terms: By registering an account, placing a bid, or engaging in any transaction on www.mcdougallauction.com, you acknowledge that you have read, understood, and agreed to all terms and conditions set forth. You confirm that all information provided during registration and bidding is accurate and true, and you agree to update such information as necessary to maintain its accuracy.