Unreserved On Line Retirement Auction For Stan Wolzack of Spruce Grove,Alta

Online retirement auction for Mr Stan Walzack of Spruce Grove,Alta including a good selection of Restaurant & Convenience Store Equipment and lots of good tools and equipment used to run this operation !!.

For more details, Contact:
Rainbow Liquidators and Auctions

Call: 780-968-1000

Sale Terms and Conditions:
To be approved to bid online you must:

1. Register to bid and complete the information requested.

1. Fees applying to online auctions are:

   1. Timed Auctions: As noted in each individual sale listing.

   2. Other sales as posted online

2. This is in addition to full terms and conditions below

3. Agent of Seller:
   Rainbow Liquidators and Auctions (the “auctioneer”) acts as agent of seller only and not as owner. The actual contract of sale is directly between the sellers and buyers.

4. Payment:
   All item(s) and or livestock purchased are to be paid for in full within 2 (two) business days of close of auction by cash, Certified cheque, electronic transfer, bank draft, direct deposit, debit, visa or master card or other approved payment (restrictions apply) to Rainbow Liquidators and Auctions. GST and/or any other applicable taxes and/or fees will be added to bid price where applicable. The auctioneer, at any time, can charge the buyers registration card for full or partial payment of the items and/or Real Estate purchased at the close of this auction. All Items and/or livestock must be paid for in full and funds transferred to, and verified, in Rainbow Liquidators and Auctions account before ownership will be transferred to the buyer and Item(s) and/or livestock and/or Real Estate items can be removed. Items not paid for 2 days post-auction closing will be subject to a 3% Interest Charge.
   You the buyer acknowledges and agree that bidding at this auction is the legal equivalent of a firm commitment and irrevocable offer to purchase, unless otherwise prohibited by law or otherwise noted in these buyer terms. Once you have placed a bid and the bid is accepted by the auctioneer you are obligated to complete the transaction.

5. “AS IS WHERE IS”:
   All item(s) and/or livestock and/or Real Estate are sold on an “AS IS WHERE IS” basis without warranty and are at the buyer's risk as soon as they are sold. Any warranty offered by a seller shall be a matter between the seller and the buyer and shall not involve Rainbow Liquidators and Auctions including, but not limited to, any of its representatives or Real Estate Brokerages. Any information provided by the auctioneer is meant as a guide only. All buyers shall inspect each item(s) and/or livestock and/or Real Estate and satisfy themselves as to the condition, fitness, soundness, location, and/or to the measurements of the item(s) and/or livestock and/or Real Estate before bidding. The inability or failure to do so will in no way relinquish the buyer from being bound by any of the terms of this auction. Any descriptions or information in any form whatsoever, whether oral, written or otherwise howsoever, shall not be construed as a representation or a warranty, express or implied by Rainbow Liquidators and Auctions its representatives or brokerages. The buyer acknowledges that any purchase made is based solely on the buyer's inspection of the goods as to their nature, quality, condition, quantity, size and fitness for the purchase that the buyer intends to use the purchased item(s) and/or livestock and/or Real Estate. Rainbow Liquidators and Auctions, its employees including, but not limited to, any of its representatives or Real Estate Brokerages and the seller accept no responsibility for errors in advertising or description. Once the buyer has bought items and/or livestock and/or Real Estate, all risk passes to the buyer and the items and/or livestock and/or Real Estate becomes the buyers responsibility. Rainbow Liquidators and Auctions will not be liable for any damages, theft, or insurance on purchased item(s) and/or Real Estate and/or livestock. All warranties, representations and conditions whether expressed or implied, whether by statute or otherwise, are hereby waived by the buyer.

6. Clear Title:
   The Auctioneer will arrange the release of any liens and encumbrances found to be registered against any items and/or livestock and/or Real Estate listed for auction (except, in the case of Real Estate, those are which to remain on the property) in order to clear title. If for any reason clear title (except, in the case of Real Estate, those are which to remain on the property) cannot be cleared, the liability, if any, of the auctioneer and or the seller shall not exceed "refund of the price paid at this auction" in exchange for return of those items and/or livestock and/or Real Estate in equal to or better condition when sold on auction day.

7. Unreserved Auction

   1. Unreserved: Meaning the seller has agreed to accept the highest bid regardless of price. In this case any items and/or livestock and/or Real Estate offered will sell to the highest bidder regardless of price.

   2. You the buyer acknowledges and agrees that bidding at this auction is the legal equivalent of a firm commitment and irrevocable offer to purchase, unless otherwise prohibited by law or otherwise noted in these buyer terms. Once you have placed a bid and the bid is accepted by the auctioneer you are obligated to complete the transaction.

8. Bidding and Winning:
   The bidder username given to you at the outset of the Auction upon qualifying as a Bidder shall be used by you during the Auction to bid on Property(s)/Item(s)/livestock. To purchase a particular Property(s)/Item(s)/livestock at the Auction, one must be acknowledged by the Auctioneer as the Winning Bidder (the bidder to whom the Auctioneer acknowledges the Property as being "SOLD" to) Online Bidders will be notified immediately if they are the high bidder and shall be instructed to expect the purchase and sales agreement by Facsimile or by email, and tender their payment within 2 (two) business days following the close of auction sale. Each Sale is final, and there are no contingencies.
   You the buyer acknowledges and agree that bidding at this auction is the legal equivalent of a firm commitment and irrevocable offer to purchase, unless otherwise prohibited by law or otherwise noted in these buyer terms. Once you have placed a bid and the bid is accepted by the auctioneer you are obligated to complete the transaction.

9. Fraudulent Misrepresentation: Rainbow Liquidators and Auctions reserves the right to seize any sale purchases and void a bill of sale/paid invoice obtained using fraudulent means.

10. Auctioneers Final Say:
    The auctioneer reserves the right to accept or void any bid, whether winning or not, and in cases of dispute the auctioneer’s decision shall be final. All buyers agree to be bound by the terms of this agreement as well as any other conditions announced or advertised by the auctioneer. In registering for this auction each buyer agrees to be responsible for all charges to them and that if any form of expected payment is accepted by Rainbow Liquidators and Auctions or the Real Estate Brokerage that it will be honoured when presented for payment at the bank or institution or means on which the payment is drawn. If the aforesaid payment is dishonoured then to secure payment of the same, the buyer hereby: (a) grants to Rainbow Liquidators and Auctions a security interest in all present and after acquired property of the buyer and the buyer hereby authorizes Rainbow Liquidators and Auctions by its duly appointed employee to act as that buyer's agent in executing a general security agreement in favour of Rainbow Liquidators and Auctions in the then current form of general security agreement used by Rainbow Liquidators and Auctions The buyer consents to Rainbow Liquidators and Auctions filing a financing statement at Personal Property Registry in relation to the aforesaid general security agreement and the buyer waives any right to obtain a copy of the said general security agreement; and (b) charges any real estate which the buyer now or hereafter owns and consents to Rainbow Liquidators and Auctions filing a caveat against title to such lands. The buyer further agrees that such charge shall be deemed to be a mortgage and enforceable by Rainbow Liquidators and Auctions as such. All legal fees incurred by Rainbow Liquidators and Auctions in recovering all amounts due to them from the buyer shall be paid by the buyer on the scale as between solicitor and his own client on a full indemnity basis.
    Late payments shall bear interest at the rate of 15% per annum.

11. Removal:
    The buyer agrees that all items will be removed no later than 2 days for miscellaneous and 5 days for equipment auctions, after the date of the auction. Farm sale details will be provided. Failure to do so will result in storage fees (minimum of $50/week). Failure to remove the purchased items within 14 (fourteen) days of the auction item will be deemed “Abandoned” and disposed of by the auctioneer at its sole discretion with no compensation for the buyer whatsoever. The buyer consents to an inspection upon exiting Rainbow Liquidators and Auctions sale sites to confirm removal of authorized items only.

12. Fees and Taxes:
    The bid price does not include any applicable taxes or auction fees including, but not limited to G.S.T other taxes and auction fees.

13. Real Estate Additional Terms:

    1. Deposit: Immediately at the close of bidding the successful bidder will make a NON REFUNDABLE deposit payable to the real estate brokerage (as listed in the Property Information Package) in the form of a bank draft or other approved payment. Amount is listed in Property Info Package/or as announced by auctioneer.

    2. Purchase Contract: The Real Estate Purchase Contract that applies to each property will be available for inspection prior to the auction. Title(s) will be clear of encumbrances except those which are to remain on the title. All bidders agree that, should their bid be accepted, they will complete and be bound by the terms of the purchase contract. Buyer will pay the balance of the purchase price to their lawyer on or before Completion Day. Possession will be in accordance with the terms of the Purchase Contracts. Note: These contracts will not be subject to any buyer’s conditions.

    3. All other terms of this auction apply to the sale of Real Estate unless subject to 12) a & b in this section.

14. The auctioneer has the right to remove any items and/or Real Estate and/or Livestock for any reason at any time from this auction.

15. Technologies:
    The buyer acknowledges that the auctioneer cannot guarantee the continuous or secure operation or access to any “online” technologies. All technologies are subject to, but not limited to, failures, outages, and or delays. The auctioneer will not be held liable for any claims or alleged losses related to the use any technologies or processes used in the auction

16. Proprietary Information:
    You the buyer agree that any information posted and/or supplied by, including but not limited to, images, results, customer information by the auctioneer, is for the sole purpose of the buyer participating in this auction. This information is the sole intellectual property of the auctioneer and may not, without the written permission of the auctioneer, directly or indirectly, through any means whatsoever be used or shared for any other reason.

17. Unsold Items: Any items that are consigned but not sold will be automatically forfeited to Rainbow Liquidators and Auctions.

18. Disclaimer:
    The buyer will indemnify and save harmless the Auctioneer and the seller of the items, and/or Real Estate and/or Livestock against all claims, demands, suits, actions, causes of actions, damages, costs including lawyer’s fees, or charges including, but not limited to, any encumbrances, environmental claims, deficient taxes, infringement on patents, copyrights or trademarks.
    The buyer acknowledges that an auction site is a potentially dangerous place that, flammable, noxious, corrosive and pressurized substances are present, heavy equipment is being operated and electric circuits may be live. Every person at the auction site at any time, shall be there at his own risk with notice of the condition of the premises and the activities thereon and buyer shall so advise his agents and employees. No person shall have any claim against Rainbow Liquidators and Auctions, the Auctioneers, their agents, employees, Real Estate Brokerages or principals for any injuries sustained, nor for damages to or loss of property which may occur from any cause whatsoever.

19. Your Information:
    hereby give Rainbow Liquidators and Auctions, its assigns, licensees and legal representatives the irrevocable right to use my name/photograph/image/audio recording/video recording/ and likeness (“My Image”) in all forms and manner including but not limited to publication on Internet Web Sites, broadcasts and any other publications as released to or by Rainbow Liquidators and Auctions. Rainbow Liquidators and Auctions reserves the right to use information collected upon receiving a bid card for commercial electronic messages by mean of telecommunications (texting, emailing, social media).

20. This Agreement shall be interpreted in accordance with the laws in force in the Province of Alberta.

21. The failure of Rainbow Liquidators and Auctions to enforce any terms of this agreement in whole or in part or to respond to a breach by the buyer shall not in any way constitute a waiver of Rainbow Liquidators and Auctions' rights to enforce subsequently any term or condition of this agreement or to act with respect to similar breaches.

22. If any part of this agreement is determined to be invalid or unenforceable then such provision shall be enforced to the maximum extent possible and the remainder of the agreement will continue in full force and effect.

23. This agreement constitutes the entire agreement between the buyer and Rainbow Liquidators and Auctions with respect to any auction held by Rainbow Liquidators and Auctions at which the buyer is a bidder and this agreement supercedes all prior or contemporaneous communications and proposals in any form whatsoever whether electronic, oral or written as between the buyer and Rainbow Liquidators and Auctions

24. You the buyer and your signatory’s are duly authorized to enter into this agreement.

Warning abuse won’t be tolerated and will result in account suspension.

For assistance call: 780-968-1000

From Spruce Grove,Alta --

#3 53514 Range road 274--From HWY 16 (Yellowhead Hwy) --3 North on Campsite Road (Range Road 274 ) to Landmark Estates and into Lot 3