Terms and Conditions

Welcome to 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.

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 is true and accurate.

Important: 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.

Please Note: McDougall Auctioneers reserves the right to:

• Consider certain usernames as invalid, misleading, or inappropriate
• Refuse any bid for any reason in its sole discretion
• Verify your credit card information by charging a non-refundable $1.00 verification fee plus applicable taxes

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
• 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
• 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 $2,000.00. 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 2.4% fee for CAD or a 3% fee for USD 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.

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
• 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 $2,000.00 and a minimum of $20.00.

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
• Associated fees which may include storage, administration, commission and other miscellaneous charges

Terms of Sale

Payment Terms

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 Methods

• Certified cheque
• Cashier's check
• Money order
• Cash
• Wire transfer of immediately available funds

All payments 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.

Payment and Pickup Timeline

• Payment must be made within three days of the closing date
• Items must be picked up within five days of online sale closing

Credit Card Payments

In the event that your account is not paid in full, you consent to have McDougall Auctioneers 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.

A maximum limit of $2,500.00 will be accepted via online credit card payment. 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.

Deposits and Penalties

• 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, we reserve the right to charge a penalty fee of 2% of the total bid price
• For Saskatchewan Ministry of Agriculture leases allocation auctions where the bidder is determined to be delinquent, we reserve the right to charge a penalty fee of $750.00 CDN

Default and Late Payment

If McDougall Auctioneers does not receive full payment within the allotted payment terms, 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.

Special Notes

• No title or possession shall pass to the buyer until the total amount has been paid
• 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
• McDougall Auctioneers is an Approved Auction through Automotive Finance Corporation (AFC)

Auction Company's Rights

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. The auction company's decision to alter the bidding will be final.

Collapsing a Sale Post Auction: In exceptional circumstances, McDougall Auctioneers reserves the right to collapse a sale post-auction. Such circumstances may include material changes, serious errors, or other situations that justify the collapse of the sale.

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.

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
• Any certification, safety, or CSA approval of items sold

McDougall Auctioneers disclaims any liability for:

• Any defects, errors, inaccuracies, or omissions in any information
• Any direct, indirect, incidental, special, or consequential damages
• Personal injury, death, property damage, or economic loss

The buyer assumes all risks and liabilities associated with the purchase and use of any items sold through the auction.

Firearms License Disclaimer

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 $2,000.00. 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 2.4% fee for CAD or a 3% fee for USD 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 $2,000.00 and a minimum of $20.00.
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 for 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 may initiate the abandonment process at its discretion, with or without notifying the purchaser.

Actions that may be taken for abandoned property include, but are not limited to:

• Sale of the item(s)
• Removal from site
• Forfeit of funds
• Site cleanup
• Assessment of associated fees (storage, administration, commission, and other miscellaneous charges)

Terms of Sale

Payment Terms

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 or within the specific payment timeline published for the auction event. No title or possession shall pass to the buyer until the total amount has been paid in full.

Payment Methods

• Certified cheque
• Cashier's check
• Money order
• Cash
• Wire transfer of immediately available funds

All payments must be made payable to McDougall Auctioneers in Canadian funds for the full amount of the buyer's winning bid plus any applicable fees, taxes, and title transfer charges.

Payment & Pickup Timeline

• Payment must be completed within three (3) business days of the sale closing (or as otherwise specified).
• Items must be picked up within five (5) days of online sale closing unless alternative arrangements are made.

Credit Card & Other Terms

In the event your account is not paid in full, you consent to McDougall Auctioneers charging any credit card(s) on file to balance the account. A maximum of $2,500.00 will be accepted via online credit card payment; larger invoices require certified payment arrangements within the posted payment terms.

McDougall Auctioneers is an Approved Auction through Automotive Finance Corporation (AFC) and may accept payments drawn against valid dealer credit accounts with that lender. Corporate checks require bank guarantee; personal checks are not accepted without prior agreement.

Deposits, Penalties & Defaults

• McDougall Auctioneers may require a non-refundable deposit of up to 10% of the balance owing on outstanding accounts.
• For specified Saskatchewan Ministry of Agriculture sales, delinquent or disqualified bidders may be charged a penalty fee (e.g., 2% of the total bid or $750 CDN for lease allocation auctions) and may be banned from future sales.
• If full payment is not received within the allotted terms, the accepted offer or winning bid may be deemed null and void effective at 12:01 AM Central Time the following day.
• Overdue amounts accrue interest at 18% per annum (or the maximum rate permitted by law), and collection and legal costs may be charged to the purchaser.

Shipping, Storage & Risk

Shipping or mailing smaller items is subject to a minimum charge (e.g., $5.00) or a higher fee at McDougall Auctioneers' discretion. Storage fees may apply for items not collected within the release period. Upon the fall of the hammer (or equivalent), the buyer assumes all risk of loss, theft, or damage.

Auction Company's Rights

Right to restart bidding: McDougall Auctioneers may restart bidding in the event of a manifest error or material change to the item.

Collapsing a sale post-auction: In exceptional circumstances (material change, serious error, etc.), the company may collapse a sale post-auction and will refund payments where applicable.

Clear title: The company attempts to ensure clear title but may cancel or withdraw items if clear title cannot be achieved. McDougall Auctioneers will not be responsible for damages or costs arising from such cancellation.

Sale of Asset Liability Disclaimer

McDougall Auctioneers makes no representations or warranties, express or implied, as to the accuracy, completeness, suitability, or reliability of any information, content, materials, products, services, or items sold through the auction. Items are sold "as is, where is."

Specifically, McDougall Auctioneers disclaims liability for:

• Any defects, errors, inaccuracies, or omissions in listings or descriptions
• Any certification, safety, or CSA approval of items sold
• Any direct, indirect, incidental, special, or consequential damages arising from items sold

The buyer assumes all risks and liabilities associated with the purchase, use, transportation, and ownership of any items bought through the auction. This disclaimer applies to all transactions conducted via www.mcdougallauction.com.

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.

Bidder Responsibilities

• Conduct own due diligence and research before placing a bid
• Review item descriptions, images, and available supporting documentation
• Seek independent expert opinions when necessary
• Assess the condition, authenticity, and suitability of items before bidding

Liability and Risk

By participating in our online auctions, you agree to:

• Accept that any decision to bid is made at your own risk
• Release McDougall Auctioneers and its affiliates from liability related to item authenticity
• Not hold McDougall Auctioneers accountable for misrepresentations or undisclosed information
• Assume all risks associated with bidding and purchasing items

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 non-refundable down payment equal to 10% of the Buy Now price. The remaining balance must be paid in full within 24 hours of initiating the Buy Now option. The Buy Now option is not available after 9:00 AM on the 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 www.mcdougallauction.com. You are responsible for regularly reviewing the posted terms. Unless otherwise required by law or expressly stated, modifications are effective immediately upon posting.

Links To And From Third Party Sites

www.mcdougallauction.com may contain hyperlinks to third-party websites, including affiliates and advertisers. These linked sites are independent of McDougall Auctioneers and are provided only as a convenience. The inclusion of any link does not imply endorsement or association. McDougall Auctioneers is not responsible for the content, accuracy, or practices of any linked site and is not liable for transmissions from those sites.

No Unlawful Or Prohibited Use

As a condition of your use of www.mcdougallauction.com, you warrant that you will not use the site for any unlawful purpose or in a manner that violates this Agreement. You must not use the site in any way that could damage, disable, overburden, or impair the site or interfere with any other party's use. 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 use www.mcdougallauction.com, you provide information necessary to facilitate auctions and transactions. McDougall Auctioneers' primary purpose in collecting information is to enable sales and to operate and improve its services. We may share required buyer/seller information to facilitate transactions, and we may disclose aggregated, non-identifying statistics for lawful business purposes.

McDougall Auctioneers may disclose account information when we have reason to believe it is necessary to identify, contact, or take legal action against someone who may be violating the site's Terms and Conditions or causing harm. We may also disclose information when required by law or for administrative purposes necessary to maintain or improve our services.

No Professional Advice

Any information provided by McDougall Auctioneers employees or agents-whether by telephone, email, letter, or other communication-is intended solely as general guidance regarding auction services and does not constitute legal, financial, or other professional advice. You should obtain independent professional advice where appropriate.

No Warranty

McDougall Auctioneers provides its products and services "as is, where is" and makes no warranties or representations, express or implied, as to condition, merchantability, fitness for a particular purpose, or title. McDougall Auctioneers does not guarantee safety or roadworthiness of items sold. Buyers are strongly encouraged to inspect items prior to purchase. No refunds are implied by these terms unless expressly stated.

No Guarantee of Continuous Operation

McDougall Auctioneers will use reasonable and diligent efforts to maintain the security and operational integrity of the website. However, factors outside the control of www.mcdougallauction.com may interfere with site operation. Accordingly, continuous, uninterrupted, or secure access to the service is not guaranteed. It is the bidder's responsibility to refresh pages to ensure they are viewing the most current information.

Indemnification

You agree to release, indemnify, and hold harmless McDougall Auctioneers, its officers, employees, agents, and affiliates from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or related to your use of www.mcdougallauction.com, your breach of this Agreement, any applicable law or regulation, or any infringement of another party's rights in connection with your use of the service.

Right to Independent Action

McDougall Auctioneers reserves the right, in its sole discretion, to take any independent action it considers necessary or desirable to protect its interests or to eliminate or mitigate potential liability or injury to any party. Such actions may be taken without prior notice where deemed appropriate.

No Waiver

The failure of McDougall Auctioneers to enforce any provision of this Agreement or to respond to a breach does not constitute a waiver of its rights to enforce that provision or to act with respect to subsequent or similar breaches.

Site Outage During Auction Closing Time

If a site outage occurs on the day of an auction closing, 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 received before the outage will be reinstated when www.mcdougallauction.com is restored. Lots that closed prior to the outage remain binding and continue to be governed by the Terms and Conditions.

Extension of Scheduled Closing Time

Each lot has a predetermined closing date and time based on server time. Bidders are responsible for submitting bids before the scheduled close. To promote fairness, if a bid is placed within the final 10 minutes of the scheduled close, the system will automatically extend the closing time by 10 minutes from the time of that bid (for example, a bid at 11:55am on a lot scheduled to close at 12:00pm will extend the close to 12:05pm).

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' online auction platform. This Deposit demonstrates a buyer's commitment to participate responsibly in auctions and ensures sufficient funds are available to cover any winning bids.

Registration and Deposit Requirement
All new customer profiles are created with a default free bidding limit of $10,000. To increase the bidding limit, customers are required to provide a refundable Deposit of $3,000 for every $100,000 bidding limit increase.
Example:

• A $100,000 bidding limit requires a $3,000 Deposit.
• A $200,000 bidding limit requires a $6,000 Deposit.
• A $500,000 bidding limit requires a $15,000 Deposit.

Registration approval and Deposit requirements are subject to McDougall Auctioneers' discretion based on customer history, location, and intended bidding activity.

Deposit Amount and Methods

Deposits are accepted in the following forms:

• Canada: Interac e-Transfer or Bank Draft (CAD)
• United States: ACH Transfer or Bank Draft (USD)

All Deposits must be received and cleared prior to any bidding limit increase being activated.

Use of Deposit

The deposit may be applied to:

1. Any outstanding accounts receivable owed to McDougall Auctioneers.
2. Payment of invoices arising from winning bids.

In cases of dispute, McDougall Auctioneers reserves the right to retain the Deposit until the matter is resolved.

Refund Eligibility and Processing

Deposits are fully refundable provided:

• The bidder has no winning bids; and
• No outstanding balances or disputes exist.

Refunds will be processed upon written request and may take up to 10 business days for electronic refund or up to 30 days following the customer's last auction participation to ensure all accounts are settled.

Penalties and Forfeiture

Late or non-payment of invoices may result in partial or full forfeiture of the Deposit. Any cancellation of winning bids, breach of auction terms, or non-compliance with McDougall Auctioneers' policies may also result in forfeiture. Administrative fees and recovery costs may be 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 customer's final auction participation to allow for settlement of outstanding obligations, chargebacks, or disputes.

Amendments
McDougall Auctioneers reserves the right to amend these Terms and Conditions at any time. Customers will be notified of material changes via email or through a notice posted on the company's website.

Acceptance of Terms
By submitting a Deposit, the customer acknowledges that they have read, understood, and agreed to these Refundable Deposit Terms and Conditions.

International Bidding, Legal Entity Distinction, and Jurisdiction Clause

By participating in auctions on www.mcdougallauction.com, you acknowledge and agree to the following:

Distinct Legal Entities
McDougall Auctioneers operates through two separate legal entities: McDougall Auctioneers Ltd. (Canada) and McDougall Auctioneers Inc. (United States). Each entity is independent and subject to the laws of its respective country. Your contractual relationship is with the entity associated with the location of the auctioned item.

Entity-Specific Bidding
Bidding on items located in the United States engages McDougall Auctioneers Inc.; bidding on items located in Canada engages McDougall Auctioneers Ltd. The applicable terms, obligations, and remedies will be those of the entity responsible for the item.

Unified Terms with Entity Jurisdiction
While both entities maintain substantially similar Terms and Conditions for user convenience, any transaction, dispute, or legal matter is governed by the Terms and laws of the entity whose jurisdiction applies to the item's location.

Liability and Legal Separation
McDougall Auctioneers Ltd. and McDougall Auctioneers Inc. are separate legal entities. A claim against one entity is not enforceable against the other. You agree not to pursue legal action against one entity for matters relating exclusively to the other.

Governing Law and Venue

• For transactions with McDougall Auctioneers Ltd. (items located in Canada): governed by the laws of the Province of Saskatchewan, Canada, with disputes to be brought in courts of competent jurisdiction in Saskatchewan.
• For transactions with McDougall Auctioneers Inc. (items located in the United States): governed by the laws of the State of Texas, USA, with exclusive jurisdiction and venue in the courts of Tarrant County, Texas.

Acknowledgment
By registering, placing a bid, or transacting on www.mcdougallauction.com, you confirm you have read, understood, and agreed to these provisions and that the information you provide is accurate and will be kept current.