Forklifts & Reach Trucks Surplus to the Ongoing Operations of Signify Canada

Signify North America Corporation

Forklifts & Reach Trucks Surplus to the Ongoing Operations of Signify Canada

Event ended on: Dec 14th, 2023 3:00 PM EST

Event type: Auction

Aucto BP: 18.00%

Location
Terms
Inspection info
About seller

1 asset location

Canada

Markham, Ontario, Canada

Tax rate: 13.0000%

Sales terms

TERMS AND CONDITIONS:
PLEASE READ ALL TERMS & CONDITIONS PRIOR TO BIDDING!

THESE TERMS AND CONDITIONS govern the relationship between you (the "Purchaser") and Signify North America Corporation (the "Seller"). PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY, THE SELLER WILL NOT WAIVE ANY TERM OR CONDITION CONTAINED HEREIN AND PUTS ALL PURCHASERS ON STRICT NOTICE THAT THESE TERMS SHALL BE ENFORCED.

1. DISCLAIMERS/NO WARRANTIES: THE EQUIPMENT IS SOLD “AS IS, WHERE IS” IN THE CONDITION EXISTING AS OF THE MOMENT OF TENDER OF THE EQUIPMENT TO PURCHASER. SELLER DISCLAIMS ALL WARRANTIES, INCLUDING ANY WARRANTY THAT THE EQUIPMENT MEETS THE REQUIREMENTS OF THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION OF THE UNITED STATES OF AMERICA (“OSHA”), THE AMERICAN NATIONAL STANDARDS INSTITUTE (“ANSI”) OR THE DEPARTMENT OF HEALTH OF THE GOVERNMENT OF CANADA (“HECS”) OR ANY OTHER GOVERNMENTAL OR REGULATORY STANDARDS OR THAT THE EQUIPMENT IS PROPERLY DESIGNED OR SAFEGUARDED FOR FUTURE USE, OR THAT THE EQUIPMENT IS BEING SOLD WITH PROPER WARNINGS, INSTRUCTIONS OR OTHER DOCUMENTATION FOR ITS SAFE USE.
Purchaser is responsible for all labor, cost, risks, liabilities and expense associated with any inspection, disassembly, loading, transportation, customs, re-assembly or use of the equipment from and after Seller’s tender of the equipment to Purchaser, whether such actions are undertaken by Purchaser or any other person or entity on Purchaser’s behalf. Purchaser assumes all risk in using the equipment or in re-selling the equipment for re-use by others, and Purchaser warrants that if it uses the equipment, or in the event the equipment is resold by Purchaser for re-use by others, Purchaser shall fully inspect the equipment and make the equipment safely operable and in that regard shall bring the equipment into compliance with applicable OSHA, ANSI, HECS or other standards and shall make sure that the equipment is properly safeguarded for future use, including being equipped with appropriate guards and posted with appropriate user warnings and instructions. Purchaser agrees to defend, indemnify and hold Seller harmless from and against any and all liabilities, damages, suits, claims, costs and expenses (including reasonable attorneys’ fees) which arise in connection with the above-referenced inspection, disassembly, loading, transportation, re-assembly or use of the equipment after Seller’s tender of the equipment to Purchaser, or arising from any breach by Purchaser of these sales terms, including but not limited to breach by Purchaser of its purchase and payment obligations hereunder.

2. REMOVAL:
Items can only be removed once full payment including removal costs is received. The Purchaser is responsible for paying all fees associated with removal and/or dismantling. The Purchaser hereby indemnifies and holds the Seller harmless against removal fees, dismantling fees and/or delayed removal not being posted or announced whether known or unknown by the Seller. Upon failure of Purchaser to collect goods within time specified above, the Seller shall have the option in its sole discretion of removing and storing the purchased items at the expense and risk of the Purchaser or may resell the purchased items without notice at public sale or otherwise dispose of goods at the sole risk and expense of the Purchaser. The Purchaser shall remain liable for any losses, expenses and damages arising from the Purchaser's failure to make payment or to obtain the purchased items within the time specified by the Seller. The Purchaser hereby indemnifies and holds the Seller harmless against all losses, damages, expenses, including legal fees and transportation expenses arising directly or indirectly from the Purchaser's failure to make timely payment or to pick up purchased items within the time(s) specified by the Seller.

3. IDENTIFICATION:
All potential Purchasers are required to register prior to becoming an "Approved Purchaser". All Purchasers are required to give their full name or business name; permanent street address (P.O. Boxes will NOT be accepted or approved); phone number(s); email address, valid credit card and website, if applicable. The information collected by the Seller shall be used for the purposes of verifying identity of the successful Purchasers on certain lots of items, to enforce the terms of the auction, and for collection measures on failure to pay or to pick up purchased items on the part of the Purchasers. The Seller complies with relevant privacy legislation. The Seller hereby informs Purchaser that Seller will process personal data in accordance with the “Signify Privacy Notice for customers, consumers and other business persons” which is available on https://www.signify.com/global/privacy/legal-information/privacy-notice under the “Legal information” section.

4. PAYMENT:
Full payment is due within 48 hours of receipt of invoice. All payments must be made via Aucto Payment Gateway.

5. COMPLIANCE WITH TERMS OF SALE:
In default of payment of the purchase price in full within the time therein specified, lots not paid for and removed within the time allowed herein may be resold at public or private sale without further notice (by the seller), and any deficiency, together with all expenses and charges of resale including legal fees, will be charged to the defaulting Purchaser.

6. RIGHTS RESERVED:
The highest Purchaser acknowledged by the Seller will be the Purchaser. In the event of any dispute between Purchasers, or in the event of doubt on the part of us as to the validity of any bid, the Seller will have the final discretion either to determine the successful Purchaser or to reoffer and resell the article in dispute. If any dispute arises after the sale, the Seller’s sale record is conclusive.

7. OWNERSHIP:
All items become the sole responsibility of the Purchaser immediately at the expiry of the time allotted for the item. Although the Seller will exhibit reasonable care to safeguard purchases, until removed by purchaser, no refunds or adjustments will be allowed. If for any reason whatsoever a purchased item as bid cannot be delivered within that period of time of delivery provided for at the sale, the Purchaser expressly waives any liability on the part of the Seller and further agrees that any obligation with respect thereto shall be limited to the bid and paid for price for said purchased items.

8. PERSONAL AND PROPERTY RISK:
Persons attending during exhibition, sale or removal of goods assume all risks of damage of or loss to person and property and specifically release and indemnify the Seller from liability therefore. Neither the Seller nor its principal, consignor, agents, employees, directors, or officers shall be liable by reason of any defect in or condition of the premises in which the sale is held or items are made available. While on the premises, Purchaser, or any other person or entity acting or present on Purchaser’s behalf, shall adhere to Seller’s applicable safety standards and policies, including COVID-19 protocols, and shall (upon request) execute copies of the same.

9. RECORDS:
The record of sale kept by the Seller will be taken as final in the event of any dispute.

10. BIDS:
The Seller shall serve as regulator and arbitrator on all matters relating to bidding. No bidder may retract a bid.

11. The Purchaser does hereby assume and does agree to indemnify and hold the Seller harmless from any future claim, which shall pertain to the fitness or use of that asset being purchased.

14. ADDITIONAL TERMS AND CONDITIONS:
Additional terms or conditions of sale may be added by Seller by announcement or posted on the Aucto’s website prior to the auction.

All items are sold as is where is – No Warranties No Guarantees
Buyers must make payment within 48 hours of receiving their invoice.

Removal terms

• Payment: Payment must be remitted in full before removal can begin. Removal charges will be collected by Aucto and disbursed to the appropriate party.

• Pickup Appointments: Once payment is received in full, pickup appointments will be scheduled so the Buyer can retrieve purchased assets(s). Unless otherwise stated in the Removal Terms, pickup appointments will be scheduled via the Aucto platform. The Seller agrees to provide reasonable availability for the Buyer to pick up the purchased asset(s) during the 14 days after payment is received. Appointments will be booked with a minimum 48-hour notice. Buyers must fulfill scheduled appointment(s).

• Documentation: The Buyer or their authorized representative shall supply a Bill of Lading to the Seller which will include an itemized list of purchased asset(s) to be released to the Buyer. The Seller shall sign the Bill of Lading to acknowledge the release of the purchased asset(s) to the Buyer.

• Rigging & Removal (by Buyer): Unless otherwise stated in the Removal Terms or on the asset description, the Buyer is solely responsible for scheduling materials, equipment, and labor to complete the rigging and removal of the purchased asset(s). The Buyer is responsible for all rigging, removal, shipping, and logistic costs. Buyer may seek a qualified rigging vendor, who must be pre-approved by the Seller, to complete the rigging and removal of the purchased asset(s). The Seller reserves the right to reject any rigging vendor at the Seller’s sole discretion. The Buyer may designate a shipping vendor to complete a pickup appointment on their behalf and may delegate them as the point of contact for the appointment.

• Rigging & Removal (by Seller): Unless otherwise stated in the Removal Terms or on the asset description, the Seller shall remove, prepare, and load the purchased asset(s) onto transport equipment scheduled and provided by the Buyer. The Buyer is responsible for any Removal Costs listed on the asset and for all transportation costs of the purchased asset(s). The Buyer may designate a shipping vendor to complete a pickup appointment on their behalf and may delegate them as the point of contact for the appointment.

Payment terms

All payments must be made through the Aucto Payment Gateway (APG).

Buyers have below options to send payments:
- Wire Transfer
- ACH - Automated Clearing House (US)
- EFT - Electronic Funds Transfer (Canada)
- Credit Card (ONLY available for sale orders less than 5000 USD or 5000 CAD)
- Instructions will be available via APG to winners after a sale has concluded.

Aucto will NOT accept Cash, Check, E-Check, Cashier's Check or Bank Drafts as payment options.

Unless specified by the seller in the "Sale Terms", all payments are due within 24 hours of a sale
order being delivered.

Please submit tax exemption forms to support@aucto.com with your sale-order number in the
subject line. Local tax laws may apply to Aucto Buyer’s Premium (Aucto BP or ABP). In most
situations, tax on Aucto BP is not subject to tax exemption.
Inspections are conducted by appointment only. To request an inspection appointment, the Buyer must have a valid Aucto account. Please email support@aucto.com with your name, Aucto account email address, and preferred inspection date. The Seller will accommodate inspection requests to the best of their ability.
Selling since2021-07-06
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