OFFICIAL AUCTION RULES
The Western Producer – Producer Auction FALL 2018
Your bid indicates you intend to purchase that item WHETHER OR NOT YOU MEET THE RESERVE PRICE and be the high bidder at the close of the Auction. We STRONGLY URGE you to visit or contact the participating businesses to view or find out more about items you intend to purchase. All Auction sales are final.
1. By participating, you acknowledge that you have read, understand and accept these rules. The Producer Auction reserves the right to change these rules. If the rules or item descriptions and prices in the auction guide are different from those published on the auction website, the latest rules found on the auction website will apply.
2. The Western Producer is only involved in collecting the total purchase price for items. It is not involved in buying, selling, exchanging or dealing of items in the Auction, nor is it soliciting orders on behalf of the sellers. The Producer Auction charges no listing fee to sellers, nor a fee to buyers.
3. The Producer Auction makes no representations or warranties and there are no conditions of any kind, expressed or implied, statutory or otherwise, with respect to the goods and services offered through Producer Auction, including without limitation:
– implied warranties of merchantability, fitness for a particular purpose, title and non-infringement
– any implied warranty arising from course of dealing or usage of trade;
– any obligation, liability, right, claims or remedy in tort, whether or not arising from the negligence of the Producer Auction .
4. All items in the Auction are new, and come with applicable warranties determined by the seller. The Producer Auction is not the seller of the items and assumes no responsibility for the items in any respect. The respective sellers of each item are solely responsible for descriptions in Producer Auction and the condition, estimates, authenticity, title, representations as to price, and all other matters relating to the offer and sale of the items.
5. All items in the Auction may be viewed at the seller’s place of business as indicated in the auction guide and on the auction web site. Bidders are STRONGLY URGED to view items on which they intend to bid. All items are sold on an “as is” basis, which assumes that the buyer knows what he/she is purchasing. All auction sales are final.
6. Participation is open to anyone 18 years of age or over except employees of sellers who have submitted items to the Auction and their immediate families. Such employees of the participating businesses may bid, but not on items that are provided by their respective companies.
7. Neither The Producer Auction nor any of its employees or agents is responsible for any claims relating to the use of any goods, the provision of any of the services, or as a result of your participation in The Producer Auction.
8. You are prohibited from using any method, mechanism, device or software to affect the proper functioning of Producer Auction and its website. The Producer Auction may, at its sole discretion and without notice, terminate the right of any participant in Producer Auction or user of the website to participate in Producer Auction or use the website.
9. All content on this website is the property of The Producer Auction or the sellers. The Producer Auction grants a limited license to each user of the website to make personal use only of the website itself. Any other use, including reproduction, modification, distribution, transmission, or display of the content on the website is strictly prohibited. The Producer Auction is not responsible for the availability or content of any other website to which the auction website is linked.
10. The Producer Auction is governed by and construed in accordance with the laws of Saskatchewan. You agree to comply with all applicable laws, statutes and regulations regarding participation in Producer Auction and use of the website.
11. Producer Auction commences at 9:00 am CST, Thursday November 8, 2018 and ends at 9:00 pm CST, Monday, November 19, 2018; starting and ending time is determined by the website clock. Bids will be accepted during this time period only. Users of the website clock must refresh the web page by clicking the browsers “refresh button” to obtain an accurate time and are STRONGLY URGED to do so prior to checking or placing a bid, especially in the last hours of the auction. The Producer Auction reserves the right, at its sole discretion and without notice, to extend, terminate or modify Producer Auction in the event of unforeseen technical difficulties that alter the proper functioning of Producer Auction.
12. Bids may be placed online 24 hours per day at the Producer Auction website, www.producerauction.com between 9:00 am CST, Thursday, November 8, 2018 and 9:00 pm CST, Monday, November 19, 2018. No telephone bids accepted for this auction event. Please see the auction feature pages located in the Western Producer for further details.
13. The Bidder Trust Committee will set a Starting Bid for each item. The Starting Bid is the minimum amount required to participate in the bidding for that item. All bid amounts must be in whole dollars (i.e. no cents) and must meet or exceed the set minimum bid increment posted for each auction item.
14. Each item has a Reserve Value. The Reserve Values are usually between 60 per cent and 70 per cent of the ordinary selling price of the item.
15. Each item has a Reserve Status, which indicates one of two values: RESERVE NOT MET. The amount of the highest Maximum Secret Bid (Proxy Bid) is less than the Reserve Value and the item will not sell. RESERVE MET. The amount of the highest Maximum Secret Bid (Proxy Bid) is at least as much as the Reserve Value and the item will be sold to the highest bidder.
16. Producer Auction operates under a proxy bidding system. Under proxy bidding, you tell the Bidder Trust Committee the maximum amount you are willing to bid for an item. This is your Maximum Secret Bid (also known as a Proxy Bid) and is known only by you and the Bidder Trust Committee. You should be sure of your Maximum Secret Bid prior to submission. The Maximum Secret Bid that you submit may not necessarily be the price you pay if you are the successful bidder – you may pay less, but never more. However, choose your maximum carefully, as you will be legally bound to pay up to that price (plus any applicable taxes) if it is the final highest bid.
17. Based on your Maximum Secret Bid, the Bidder Trust Committee will place bids on your behalf at the lowest amount possible to make you the high bidder for the item. For example, if yours is the first bid on an item, the Bidder Trust Committee will place a bid on your behalf equal to the Starting Bid for that item, or if your Maximum Secret Bid is greater than the Reserve Price of the item, the Bidder Trust Committee will place a bid equal to the Reserve Price (and declare Reserve Met).
18. If another bidder places a Maximum Secret bid on an item for which you have placed a bid, and your Maximum Secret Bid on the item is higher than the other bidder’s Maximum Secret Bid, the Bidder Trust Committee will automatically place a bid on your behalf that is equal to one bid increment to ensure you remain the leading bidder. The Bidder Trust Committee will continue bidding in this fashion until one of the following three things happens:
– No other bids are higher than yours,
– Your Maximum Secret Bid is reached, or
– You are declared the highest bidder at the end of Producer Auction.
19. It is your responsibility to monitor the outcome and status of your bids on the Producer Auction website and, in the event that you are outbid by another bidder with a higher Maximum Secret Bid, determine whether to continue bidding on an item. If you are outbid by another bidder with a higher Maximum Secret Bid, you must submit a new Maximum Secret Bid in order to continue your bidding on that item. If you submit a new Maximum Secret Bid, that bid supersedes all your previous bids on that item. The amount of the new bid must be at least one bid increment more than the current leading bid on the item. Under no circumstances will retraction of a bid be allowed. Neither will any reduction of Maximum Secret Bid for any submitted bid be allowed. If in a case you submit a Maximum Secret Bid against yourself, both bids will be considered valid irrespective of the fact that you submitted both bids. Please note that when placing a new bid, even when it is against yourself, the amount of the new bid must be at least one bid increment more than the current leading bid on the item.
20. If your Maximum Secret Bid is exactly the same as another bidder’s previously placed Maximum Secret Bid on the same item, the bidder whose bid was placed first shall be declared the leading bidder.
21. In the event of a dispute between bidders or between bidders and the Bidder Trust Committee, or in the event of doubt or dispute as to the validity of any bid, the Bidder Trust Committee will have the discretion to determine the successful bidder. All decisions by the Bidder Trust Committee are final and binding and not subject to review or appeal.
22. The Western Producer and Producer Auction is/are not responsible for any bids that are lost, misdirected, incomplete or illegible, or for failed, partial or garbled computer transmissions, or for technical failures of any kind including, but not limited to, malfunctioning of any network, hardware or software, which may limit a bidder’s ability to participate in Producer Auction. Proof of sending will not be proof of receipt by Producer Auction. The Producer Auction is not responsible for any online, long distance telephone, or other charges you may incur in connection with participating in Producer Auction.
23. During and after Producer Auction, you may receive emails; notifying you that another bidder has outbid you, or notifying you that you are a Winning Bidder. These emails are for informational purposes only. Their transmission or omission does not constitute any change in the status of your bid or those of other bidders. Only the record of bids in The Producer Auction system, as represented on The Producer Auction website, constitutes the true bid record, as used by the Bidder Trust Committee to determine the winning bidder at the close of Producer Auction.
24. At the close of Producer Auction, the Bidder Trust Committee will determine the winning bidder (the buyer) for each item and will contact that bidder by email and/or phone within five days to notify him/her of his/her winning status and request payment. As the buyer, you may not retract your bid and are obligated to make full payment of the total purchase price within three days of notification being initiated by the Bidder Trust Committee. If a buyer cannot be contacted, or if payment is not received in full within three days of contact first being initiated, the Bidder Trust Committee reserves the right but is not obligated to disqualify that buyer and offer the next highest bidder the opportunity to purchase the item. If such offer is accepted you will be obligated to make full payment of the total purchase price within two days of acceptance. The Bidder Trust Committee reserves the right to continue the process of disqualification and notification of subsequent bidders, or to remove the item from sale.
25. The Bidder Trust Committee may waive the item reserve price (the reserve) following the auction on any unsold items it so chooses, thereby causing the leading bid that previously had not met reserve to now become a winning bid at the amount bid. By agreeing to participate in this auction, you have agreed that each and every bid placed is a legally binding offer to purchase the item at the price bid, whether the bid has met reserve at the time of your bid or not. If the Bidder Trust Committee decides to waive the reserve on an item you have bid on and you have now become the leading/winning bidder, you will be contacted and asked to pay for the item at the price bid.
26. Payments and Winning Bid Certificate pickup can be made at The Western Producer newspaper’s offices located at 1000 – 3530 Millar Avenue, Saskatoon, SK. S7P 0B6. Office hours are 8:30 am – 4:30 pm CST Monday – Friday. Other Winning Bid Certificate fulfillment methods may also be available depending on the item purchased. Complete payment and certificate fulfillment instructions will be provided by e-mail or telephone if you are the winning bidder following Producer Auction. Payment types accepted include (but are not necessarily limited to): MC, VISA; Cash; Certified Cheque and Money Order. Personal Cheques MAY be accepted depending on the value of the auction item purchased. You MAY be asked to provide Government Issued Photo Identification when making your payment.
27. The total purchase price of an item for each winning buyer is defined as the leading bid for the item at the close of Producer Auction. In the event that a buyer is disqualified and the item offered to the next highest bidder, the total purchase price shall be the next highest bidder’s Maximum Secret Bid, plus any applicable transaction taxes required by law to be collected and remitted.
28. The buyer shall pay the total purchase price to The Western Producer, except in the case of Automobiles, Real Estate and other high priced items, which may require a non-refundable deposit of 1 per cent to 5 per cent of the winning bid price in order to guarantee your commitment while further financing is being arranged.
29. It is the seller’s and the buyer’s responsibility to obtain any applicable or necessary licenses, registrations, or any other form of approval for the items sold and to pay any fees associated therewith.
30. Choose your maximum bid carefully, as you will be legally bound to pay up to that price (plus any applicable taxes) if it is the final highest bid. Once full payment of the total purchase price has been made on the item, the buyer will receive a Winning Bid Certificate to be presented to and collected by the seller to release the item to the buyer. All item delivery or pick-up arrangements must be made with the respective seller. Delivery may incur additional charges above and beyond the total purchase price, to be negotiated separately between the buyer and seller. All sales are final.
31. If the buyer fails to comply with these rule -including the obligation to make full payment of the total purchase price within the time limits and terms set out herein, in addition to other remedies available to the Producer Auction and the seller-the Producer Auction or the seller may cancel the sale and re-offer the item or sell it privately. Buyers will remain liable for any damages or losses caused by their default.
32. The Producer Auction will charge all required taxes where applicable to winning bidders and remit these collections to their respective government agencies, except in the cases of items such as Motorized Vehicles, Automobiles or Real Estate where the sponsor will collect applicable taxes. If you are the buyer on a vacation, you are responsible for all expenses not specifically included such as airport taxes, ground transportation etc. and must have all documentation necessary for travel. Please note that in some states or municipalities, homes or vehicles carry special tax legislation that requires that tax be paid on Fair Market Value.
33. As stated in these rules, all sales are final. However, in the event that an item you won and paid for was not fairly represented in the Auction Guide, or on the Producer Auction website, a refund may be considered. To be considered for a refund, the buyer must not redeem their Winning Bid Certificate for the item, and must submit a request within forty-eight (48) hours of completing payment and receiving their certificate. Please see the Contact Us page for contact information to which buyers must submit their request. We will notify the buyer via e-mail of the status of the refund application once we have received, reviewed and processed the request. If the refund application is successful the buyer can expect a refund in the same form of payment as originally used to make payment, within 7 to 14 business days of our receiving and approving the request. Please note that refunds are not guaranteed, they will only be granted in cases of unfair representation of an item as determined by the Bidder Trust Committee.