Terms and Conditions

Hodgins Online Auctions Terms and Conditions

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND HODGINS AUCTIONEERS INC. (“Hodgins”) STATING THE TERMS THAT GOVERN YOUR USE OF THE HODGINS ON-LINE AUCTION SERVICE. THIS AGREEMENT – TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES, AND ALL OF HODGINS’ RULES AND POLICIES REFERRED TO IN THIS AGREEMENT – COLLECTIVELY CONSTITUTE THE “AGREEMENT” BETWEEN YOU AND HODGINS. TO AGREE TO THESE TERMS, CLICK “AGREE”. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “AGREE” AND DO NOT USE THE SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU; CHANGES, ADDITIONS OR DELETIONS ARE NOT ACCEPTABLE AND HODGINS MAY REFUSE ACCESS TO THE HODGINS ON-LINE AUCTION SERVICE FOR NON-COMPLIANCE WITH ANY PART OF THIS AGREEMENT.

The Hodgins Online Auctions web site currently located at www.hodginsauctioneers.com (the "Auction Site”, “Website” or "Site") and services offered (the "Service") for equipment and other items (collectively "Equipment") are provided by Hodgins Auctioneers Inc. ("Auctioneers" or “Hodgins”) to you ("you" or "user") subject to the terms and conditions set forth in these Terms and Conditions and the Privacy Policy [add hyperlink] (collectively the "User Agreement" or "Agreement"). Hodgins is licensed and bonded in the province of Saskatchewan, Canada.

Acceptance of Terms: Before you attempt to use this Site or the Service, whether as a buyer or as a seller of Equipment through the Auction Site, Hodgins requires that you read and accept all of the terms and conditions of this Agreement. BY CLICKING ON "AGREE", YOU HEREBY AGREE THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED THIS AGREEMENT, INCLUDING THE TERMS AND CONDITIONS, THE PRIVACY POLICY AND ALL OTHER AGREEMENTS INCORPORATED BY REFERENCE IN ANY OF THE FOREGOING. In order to use this Site, you must accept this Agreement, otherwise access will not be granted to you. If you have any questions regarding this Agreement, please contact us at 1-800-667-2075.

I. User Requirements

General
Hodgins may revise these Terms and Conditions at any time by updating this posting and without providing any further notice to you. You should visit this page each time you access the Site to review the current Terms and Conditions because they are binding on you. Certain provisions of the Agreement, including these Terms and Conditions, may be superseded by expressly designated legal notices or terms located on other pages on this Site. Your continued use of the Site and the Services after any such changes are posted on the Site will constitute your continued agreement to be bound to this Agreement, as amended. This Agreement was last revised on March 9, 2006.

Legal Contracts
This Site and the Service are available only to individuals aged 18 years of age or older and to authorized representatives of other legal entities capable of entering into contractual relationships. If you register to use the Site and Service as an authorized representative you represent and warrant to Hodgins that you have authority to enter into binding commitment on behalf of the legal entity you purport to represent. Without limiting the generality of the foregoing, no minors in any jurisdiction nor individuals who have been suspended from the Site and/or the Service may participate in Hodgins On-Line Auctions.

Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE AND AGREE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS AND APPLICATIONS.

Objectionable Material
You understand that by using the Service, you may encounter content that may be deemed offensive, indecent, or objectionable. Notwithstanding this, you agree to use the Service at your sole risk and that Hodgins shall have no liability to you for content that may be found to be offensive, indecent or objectionable.

System Requirements
Use of the Service requires compatible hardware, Internet access and certain software and may require obtaining updates or upgrades from time to time. All fees and costs related to such hardware, Internet access and software, including all updates and upgrades, shall be your sole financial responsibility. Because use of the Service involves hardware, software and Internet access, your ability to use the Service may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such hardware compatibility requirements, which may be changed from time to time, are your responsibility.

Hodgins’ Privacy Policy
Except as otherwise expressly provided for in this Agreement, the Service is subject to Hodgins’ Privacy Policy at http://www.hodginsauctioneers.com/eprivacypolicy.html, which is expressly made a part of this Agreement. If you have not already read Hodgins’ Privacy Policy, you should do so now.

Limitation of Liability
IN NO EVENT SHALL AUCTIONEERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER.

Management of Information
Auctioneers cannot control all of the information provided by users which may be made available through the Site or the Services. Persons using this site may find the user's information to be inaccurate or deceptive. Additionally, while users of this Site are bound by these Terms and Conditions not to submit false material, Auctioneers cannot be held responsible for any violation of these terms by users, or for the reliance by users upon false or misleading material submitted by other users. Caution and common sense must be exercised at all times by all users when using the Site and the Service. Auctioneers have no control over the quality, safety or legality of the Equipment listed or any other information provided by the user about the Equipment.

You agree that you are using the Site and all material posted on the Site at your own risk.

Typographical Errors
In the event that Equipment is listed at an incorrect price due to a typographical error or error in pricing information received from our sellers, Auctioneers shall have the right to refuse or cancel any transaction for Equipment listed at the incorrect price.

Registration
In order to participate in the On Line Auction, all users must register with Auctioneers by filling out a registration form and providing specific information to Auctioneers. When Auctioneers have notified users that their registration form is complete and has been approved, the user will be allowed to become "Registered”.

Your Information
You agree to provide accurate, current and complete information required to register with the Service and at all other points as may be required in the course of using the Service (“Registration Data”). You further agree to maintain and update your Registration Data as required to keep it accurate, current and complete. Hodgins may terminate your rights to any or all of the Service if any information you provide is false, inaccurate, misleading or incomplete. You agree that Hodgins may store and use the Registration Data you provide (including payment card information, where applicable) for use in maintaining your accounts and billing fees to your payment card.

Account and Password
As a registered user of the Service, you may receive or establish an account (“Account”). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else’s Account. You are entirely responsible for all activities that occur on or through your Account and you agree to immediately notify Hodgins of any unauthorized use of your Account or any other breach of security. Hodgins shall not be responsible for any losses arising out of the unauthorized use of your Account which is not due to the negligence of Hodgins.

Security
During the registration process, you will be required to select a login ID and a password. You (the user) are responsible for the protection and confidentiality of your login ID and password. You agree to notify Auctioneers immediately of any unauthorized use of your login ID or password or any other breach of security regarding the Site or the Service.

You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble or otherwise tamper with any of the security components related to the Service for any reason whatsoever. Your compliance with these security rules may be controlled and monitored by Hodgins and Hodgins reserves the right to enforce these security rules with or without further notice to you. You agree that you will not access the Service by any means other than through software that is provided by Hodgins for access to the Service. You agree that you shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software for any purposes including obtaining unauthorized access to the Service. Violations of system, network or Service security may result in civil or criminal liability.

Mandate
You acknowledge and agree that the Site and Service is only a venue for registered sellers to list Equipment and for registered buyers to make bids on Equipment. Auctioneers are not involved in the transactions between buyers and sellers. Auctioneers have no control over the sellers, buyers or any other aspect of the transactions between buyers and sellers.

Inspections
If you choose to have your Equipment inspected, you agree to abide by the terms and conditions associated with Equipment Inspections in the Inspection Terms and Conditions which are hereby incorporated by reference, and which are located at http://www.hodginsauctioneers.com/einspections.html. It is your responsibility to ensure that you have read and understood the Inspection Terms and Conditions. If you have not already read the Inspection Terms and Conditions, you should do so now.

Disputes
In the event that you have a dispute with another user of the Site or Service, you hereby agree to release Hodgins and our officers, directors, agents, subsidiaries and employees from all claims, demands and damages (including, without limitation, actual and consequential) of every kind and nature, direct or indirect, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with all such disputes.

II. Agreement

On-Line Consignment Agreement. In order to list your Equipment to be auctioned in a Showcase Auction, Signature Auction or an Immediate Purchase Listing, you agree to abide by the terms and conditions in the On-Line Consignment Agreement. All of the terms and conditions of the On-Line Consignment Agreement are hereby incorporated by reference in this Agreement and can be viewed at http://www.hodginsauctioneers.com/econsignmentagreement.html. If you have not already read the On-Line Consignment Agreement, you should do so now.

III. Auction

Auction Period
Unless otherwise specified by the seller when the Equipment is posted to the Site, the Auction period shall be determined by Auctioneers and will end at a time to be determined by Auctioneers or following a two and one half (2 ½) minute period of no bidding activity, whichever is later.

Bidder Conduct
You acknowledge and agree that once you have placed a bid, you are bound to honour that bid. You may not retract the bid. Manipulation of the sale price of Equipment in any manner is strictly prohibited including, without limiting the generality of the foregoing, bidding through an agent or any other entity, or by communicating with other buyers or sellers, or by shill bidding. Without in any manner limiting the remedies available to Hodgins or any other person or entity that may be affected by such activity, any such attempt to improperly affect the sale price of Equipment will result in the termination of all of your rights to use the Site and the Service.

Binding Offer to Purchase
If you are the highest bidder at the end of a Showcase Auction and the opening bid has been met or exceeded, you are obligated to complete the transaction with the seller unless the transaction is prohibited by law or by this Agreement.

If you are the highest bidder at the end of a Signature Auction and the Reserve Price, if any, has been met or exceeded, or if you accept a Sharper Pencil Offer extended to you by the Seller, if the Seller chooses to extend such an offer, you are obligated to complete the transaction with the Seller unless the transaction is prohibited by law or by this Agreement. If your bid meets the Immediate Puchase Listing Reserve Price, you are obligated to complete the transaction with the Seller unless the transaction is prohibited by law or by this Agreement. All bidders agree that the placing of a bid on the Site is the legal equivalent of a firm purchase order.

Postponement and Cancellation
Auctioneers reserve the right to postpone or cancel any Showcase Auction, Signature Auction or Immediate Purchase Listing, or any sale resulting there from, in its absolute, unfettered discretion, without notice. Auctioneers will have no liability to any bidders, whether apparently successful or unsuccessful, or sellers as a result of any withdrawal, cancellation or postponement of any Showcase Auction, Signature Auction or Immediate Purchase Listing or any sales, or apparent sale, that may result there from.

Void Bids
Auctioneers reserve the right to reject or void bids that they feel have not been made in good faith, or are intended to manipulate the auction process, or are prohibited by law. Auctioneers will have no liability to any bidders, whether apparently successful or unsuccessful, or sellers as a result of any such rejection or voiding of bids.

Winning Bids
Auctioneers will be the sole and exclusive judge in the determination of whether a bid is a winning bid. Notwithstanding the foregoing, Auctioneers shall not be liable for any errors or omissions, negligently caused or otherwise, relating to any such determination, whether by Auctioneers or some other person acting under the direction and control of Auctioneers.

IV. Fees, Commissions and Penalties

Auctioneer’s fees, payments and commissions for buyers and sellers are incorporated by reference herein and can be viewed at http://www.hodginsauctioneers.com/epaymentsandfees.html for buyers and http://www.hodginsauctioneers.com/ecommissionsandfees.html for sellers. Auctioneers may change their fees, payments and commissions from time to time as deemed necessary by Auctioneers. All such changes will be effective immediately following the posting of same on the Site.

V. Transaction process

Liability for Equipment
The Equipment shall be and remain at the risk of the seller until Deemed Receipt (as hereinafter defined). The Equipment shall be and remain at the risk of the buyer and/or the buyer's designated transportation provider while in transport. The equipment shall be and remain at the risk of the buyer once delivered to the designated location.

Sales and Other Taxes
All bids and offers entered by buyers or prospective buyers must be net of all taxes imposed with respect to the sale or purchase transaction. Buyers are liable for all such taxes or for establishing to Auctioneers satisfaction a valid exemption from all such taxes. Buyers and Sellers acknowledge and agree that Auctioneers are providing a service in the calculation, reporting or remittance of all taxes which may be assessed, due or owing to the taxing authorities of any taxing jurisdiction for transactions that arise in connection with your use of the Service. Each buyer agrees that it shall indemnify and hold Auctioneers harmless from or in respect of any tax, cost or expense relating to the failure of the buyer to satisfy any tax liability related to a transaction. Each seller agrees that it shall indemnify and hold Auctioneers harmless from or in respect of any tax, cost or expense relating to the failure of the seller to satisfy any tax liability related to a transaction.

Transaction Fee
The transaction fee is calculated as follows: 2% of the final sale price per item to a maximum fee of $500.00 per item.

Payment
Full payment from the winning bidder in the amount of the auction closing price, plus all applicable taxes plus the Transaction Fee must be posted to our bank account within three (3) business days after the close of all auctions. Buyers from within Canada may send their payments via wire transfer or certified bank cheque. Buyers from outside Canada must send all payments via wire transfer.

Buyer Default
If, after six (6) business days after the close of the auction, the successful bidder does not make full payment in accordance with the payment schedule and terms set forth above, the buyer shall be considered to be in default and shall be subject to a Default Penalty which is set forth on the Site http://www.hodginsauctioneers.com/epaymentsandfees.html. In addition, any buyer considered to be in default pursuant to the terms of this Agreement will be barred from further use of the Site.

Buyer Removal of Equipment
Buyers (successful bidders) are responsible for loading and shipping the Equipment for transportation, unless otherwise noted in the Equipment listing. Seller agrees to have the Equipment available for transportation to the successful bidder no later than one (1) business day after the conclusion of the auction for the piece of Equipment. Buyer may remove the Equipment from the seller's location once the total purchase price (and all applicable sales tax and the Transaction Fee) has been received by, and posted to, a secure payment account designated by Auctioneers. If a Buyer has not removed the Equipment from the Seller's location within ten (10) business days after the close of the Auction for the piece of Equipment, the Buyer will be responsible for directly paying the seller any and all storage fees, if levied by the seller.

Notice to Buyer: Hodgins is a Saskatchewan, Canada registered and bonded auction company. Seller may deem a Buyer's failure to claim purchased Equipment within thirty (30) days following a final sales transaction to be evidence of the Buyer's intention to abandon the Equipment. Where a Buyer fails to claim property within thirty (30) days following a final sales transaction, a Seller may take action that is adverse to Buyer's interest in the Equipment including, but not limited to, any appropriate steps to dispose of the Equipment through Hodgins On-Line Auctions. In the event that this occurs, Hodgins will remit the sale proceeds to the abandoning Buyer, net of actual and reasonable costs which may include, without limitation, a fifteen (15%) percent commission payable to Hodgins.


Freight and Transportation
The buyer (successful bidder) is responsible for all freight, shipping and other costs related to transporting the Equipment from the seller's posted Equipment location, including but not limited to, all costs associated with certificates and/or permits required to move the Equipment within or across provincial, state and/or country borders. Buyers are advised to have all such certificates and permits issued and completed prior to transporting the Equipment; otherwise buyer may be subject to cleaning, permit, and/or other fees if the Equipment is stopped and held at any Port of Entry or border crossing. Auctioneers will not be liable for any acts or omissions arising from third party transportation arrangements and Auctioneers shall not be liable for any act or omission of any transportation provider. Buyers may not transport the Equipment until full payment (including all applicable tax and the Transaction Fee) has been received by, and posted to, a secure payment account designated by Hodgins.

Deemed Receipt
Once Deemed Receipt (as defined below) has occurred for any given piece of Equipment, remittance of sale proceeds from Hodgins (on behalf of the buyer) to the seller may occur, and any dispute claims subsequently filed by the buyer under Hodgins' Guaranteed Inspection Report are invalid, as set forth more fully in Section VI. Deemed Receipt of Equipment occurs at the first occurrence of any of the following milestones (unless a dispute claim has been previously filed by the buyer), provided full payment has been received for the Equipment:

a) At the time the Equipment leaves the point of pick-up at the seller's location, if Buyer transports the Equipment itself rather than using a common carrier. Buyers transporting the Equipment themselves are required to thoroughly examine, and shall for all purposes be deemed to have examined and accepted, the Equipment prior to removing it from the Seller's location

b) At the time the Equipment leaves the point of pick-up at the seller's location if Equipment is self-transporting, such as a truck. Buyers of self-transporting Equipment are required to thoroughly examine, and shall for all purposes be deemed to have examined and accepted, the Equipment prior to removing it from the Seller's location

c) Ten (10) business days after the conclusion of the Auction for the Equipment

d) Twenty-four (24) hours after delivery of the Equipment to the Buyer's designated location, if purchased Equipment is sold from Canada or the United States and is subsequently delivered within Canada or the United States. If the end of this 24-hour period falls on a Saturday, Sunday or a Saskatchewan, Canada statutory holiday, Deemed Receipt (on the basis of the passing of this 24 hour period) will not occur until the earlier of (i) the first non-weekend day or (ii) the first non-statutory holiday day). If purchased Equipment is sold from Canada or the United States and such Equipment is to be delivered outside of Canada or the continental United States, Deemed Receipt (on the basis of the passing of this 24 hour period) will occur 24 hours after the Equipment is delivered to a Canadian or United States Port of Export.

Remittance of Proceeds to Seller
Auctioneers shall remit the total purchase price (less any commission or fees) to seller for such Equipment within two (2) business days of the buyer's receipt of any registration documents (if applicable) and Deemed Receipt of Equipment by the Buyer. Payments will be made by electronic wire transfer or cheque (subject to additional fees for overnight courier).

Ownership Certification, Verification and Lien Searches
Sellers are responsible for providing Equipment to the Site and/or to the Service, free and clear of all liens and encumbrances of any nature or kind. In its sole discretion, Auctioneers may carry out registration, encumbrance and lien searches to investigate the existence of filed PPSA or UCC financing statements on the Equipment that may affect the transfer of title to the Equipment to a new Buyer. Auctioneers may charge the Seller a lien search fee for this verification and the Seller hereby acknowledges and agrees that Hodgins may deduct such lien search fee from the seller's sale proceeds. If the seller fails to remove any lien, encumbrance or adverse claim on or to any Equipment sold by it or fails to perform or comply with any other of its obligations contained in this Agreement, Auctioneers may, in its sole discretion, remove such lien, encumbrance or adverse claim using seller proceeds or Auctioneers may refund to the buyer a portion or all of the purchase price of the Equipment (less any Fees) and cancel the transaction. The seller shall pay Auctioneers, on demand, all of Auctioneer’s fees and costs incurred in connection with any removal of any liens, encumbrances or adverse claims or in connection with Auctioneer's performance thereof, as the case may be, together with interest thereon at the rate of 10% per annum compounded daily until paid in full. No such payment or performance by Auctioneers shall be deemed to be a waiver of this breach of this Agreement by the seller, nor shall it relieve the seller of any of its obligations under this Agreement.

Removal Penalty Prior to Signature Auction Close - Reserve not met
If, for any reason, the seller withdraws a piece of Equipment listed in an Signature Auction from the Hodgins On-Line Auctions Site after the time of Equipment Listing but before the Reserve Price is met or before the auction closes, the seller agrees to pay Auctioneers a removal fee equivalent to the greater of (i) 2% of the Reserve Price (as set by the seller) or (ii) $50 ("Removal Penalty Prior to Signature Auction Close"). If, for any reason, prior to the auction close, Auctioneers removes Equipment from an Signature Auction due to seller's violation of the On-Line Consignment Agreement, the seller agrees to pay Auctioneers the Removal Penalty prior to the closing of the Signature Auction.

Default Penalty Signature Auction - Reserve met
If, for any reason, the seller withdraws a piece of Equipment (or causes Auctioneers to withdraw the Equipment in violation of the On-Line Consignment Agreement listed in a Signature Auction after the Reserve Price has been met, the seller agrees to pay Auctioneers a Default Penalty ("Seller Default Penalty") equivalent to the Commission Fee of the winning auction closing price as if the Equipment were sold, as well as the Listing Fee.

Removal Penalty Prior to Showcase Auction Close
If, for any reason, the seller withdraws a piece of Equipment listed in a Showcase Auction after the time of Equipment Listing but before the auction closes, the seller agrees to pay Auctioneers a removal fee equivalent to the Listing Fee plus the greater of (i) the commission fee for the opening bid (as set by Auctioneers) or (ii) the commission fee for the highest bid submitted on the Equipment to the Site ("Removal Penalty Prior to Showcase Auction Close"). If, for any reason prior to the close of the Showcase Auction, Auctioneers removes Equipment from a Showcase Auction due to the seller's violation of the On-Line Consignment Agreement, the seller agrees to pay Auctioneers the Removal Penalty Prior to Showcase Auction Close.

Removal Penalty Prior to Immediate Purchase Listing Close – Reserve Met
If, for any reason, the seller withdraws a piece of Equipment (or causes Auctioneers to withdraw the Equipment in violation of the On-Line Consignment Agreement listed in an Immediate Purchase Listing, after the Reserve Price has been met, the seller agrees to pay Auctioneers a Default Penalty ("Seller Default Penalty") equivalent to the Commission Fee of the winning bid closing price as if the Equipment were sold, as well as the Listing Fee.

Removal Penalty Prior to Immediate Purchase Listing Close – Reserve Not Met
If, for any reason, the seller withdraws a piece of Equipment listed in an Immediate Purchase Listing after the Equipment Listing but before the Reserve Price has been met or before the auction closes, the seller agrees to pay Auctioneers a removal fee equivalent to the greater of: (i) 2% of the Reserve Price (as set by the seller) or (ii) $50 ("Removal Penalty Prior to the Immediate Purchase Listing Close"). If, for any reason, prior to the Listing close, Auctioneers removes Equipment from an Immediate Purchase Listing (due to seller's violation of the On-Line Consignment Agreement, the seller agrees to pay Auctioneer the Removal Penalty Prior to the Immediate Purchase Listing Close.

VI. Hodgins Guaranteed Inspection Report

Hodgins' Guaranteed Inspection Reports are prepared by knowledgeable inspectors and are as comprehensive as possible. Each Guaranteed Inspection Report includes an inspection summary, detailed component evaluation and numerous pictures. It should be pointed out that carefully reviewing all the available equipment pictures offers a broader description of used equipment condition than can be obtained from reading a short written comment.

Hodgins Guaranteed Inspection Reports are prepared on the understanding that our Buyers are knowledgeable Buyers who both read our condition evaluation and also review each picture carefully to make the best bidding and buying decision possible. As equipment is used and ages, it becomes difficult to make comments on each scratch, dent or maintenance repair. Therefore, all imperfections that are visible in the equipment pictures stand as additions to the written narrative description. Hodgins Guaranteed Inspection Reports do not cover disputes concerning conditions visible in any of the Guaranteed Inspection Report equipment pictures (including the full-size image visible through zooming) and any other pictures of the Equipment that may be posted on the Site, even if these conditions are not specifically mentioned in the written narrative comments. Don't be a disappointed Buyer, review all the equipment pictures!

If a Buyer discovers and reasonably concludes Equipment purchased by the Buyer is not substantially in the condition as represented in the Guaranteed Inspection Report, and Deemed Receipt of the Equipment, as detailed in Section V has not occurred, Hodgins Guaranteed Inspection Reports permits the buyer to submit a written claim to Auctioneers. All items constituting the basis for the dispute must be identified, in writing, in this claim. In addition to the validity conditions stated above, all valid claims are also subject to the following conditions:

1. Determination of a changed condition will be made only as the result of a re-inspection by Auctioneers, and a comparison of the re-inspection results with the initial Auctioneer’s inspection.

2. Only conditions found by the buyer to be substantially different than reported in the Hodgins Guaranteed Inspection Reports may be disputed. Leaks of any kind which are found by the buyer, but which are not reported on the inspection report may not be disputed. Conditions which are beyond the scope of a general condition inspection and are not disputable include, among other things: those which can be identified only through the operation of a machine through the full range of speeds required to evaluate all forward and reverse gears, replacement or addition of attachments to the machine, disassembly, or the use of diagnostic or test equipment in order to evaluate characteristics such as engine compression.

3. If the buyer submits a dispute claim, the buyer must not use the Equipment from the time of claim submission until the time that the dispute is resolved. The buyer (or seller, where applicable) must have the equipment available for immediate re-inspection upon Auctioneer’s request and not make any material changes to condition of equipment, including disassembling or making any repairs, until the dispute is resolved.

4. Auctioneers shall not be responsible for any dispute with the Equipment's inspection report unless the buyer has made the purchase of the Equipment and has paid through the secure payment account designated by Hodgins.

5. The pick-up location for the purchased Equipment must be in Canada or the United States.

6. Auctioneers make every effort to accurately describe Equipment using common industry terms. However, equipment, trucks and equipment options and attachments can be known by different terms in different parts of the country. Buyers must refer to the pictures contained in the inspection report to clarify their understanding of specific equipment characteristics. Auctioneers cannot be responsible for misinterpretation or oversight by the Buyer.

7. Auctioneers shall not be responsible for dispute claims filed if the buyer operates, leases, rents, or in any way causes or allows the Equipment to be used or operated prior to the expiration of the time periods identified in section V. The only exception to this prohibition is operation necessary to move the Equipment around the lot, to load/unload the Equipment, or to verify the reported inspection condition after receipt of the Equipment. In any event, Auctioneers shall not be liable for any dispute relating to a difference in the Equipment hour meter of more than ten (10) hours or fifty (50) odometer kilometers from the Inspection Report.

8. Auctioneers shall not be responsible for dispute claims filed if the Equipment is damaged by the buyer or the transportation company.

9. Auctioneers shall not be responsible for equipment operating manuals or keys. The absence of, either or both of these items, or costs related thereto, are not the basis for a valid dispute.

10. Auctioneers shall not be responsible for dispute claims filed due to changes in Equipment condition as a result of exposure to the elements (wind, rain, snow, sleet, etc.) such as leaky seals, belts/pulleys, hoses, corrosion, paint fade, water contamination, or fuel contamination. Furthermore, Auctioneers shall not be liable for EMS/LCD monitor failure, dead batteries or lights.

11. The estimated total cost to fix items subject to a valid dispute must exceed $500. This $500 deductible will be applied to any settlement of a claim.

12. Auctioneers strongly suggests to each buyer that lubrication, cooling, hydraulic and air conditioning systems be serviced in accordance with the manufacturer's specifications prior to the machine being put onto a job site. Disputes based on system failures due to a lack of lubrication or other appropriate servicing before the buyer puts the machine to work will not be covered by Hodgins Guaranteed Inspection Reports. Auction personnel will evaluate lubrication and maintenance records of post-sale servicing and oil sample results from failed components as part of the dispute resolution process.

In the event of a valid claim, Auctioneers may either refund the full purchase price to the buyer (inclusive of the Transaction Fee and any applicable taxes) and reimburse the buyer for any expenses incurred for the initial transport of the Equipment from the seller to the buyer's location, or Auctioneers may settle such claim in another mutually beneficial manner to all three parties, that being the buyer, seller and the Auctioneer (subject to a $500 deductible).

Adjudication of Equipment Dispute
Auctioneers will be the sole authority responsible for the review and adjudication of any dispute between buyer and seller. All determinations made by Hodgins On-Line Auctions shall be final.

VII. Disclaimer; Limitation of Liability; Indemnity

Disclaimer
THE EQUIPMENT, SITE AND SERVICE, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE OR THE SERVICE (INCLUDING WITHOUT LIMITATION THE INSPECTION REPORT), ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. HODGINS DOES NOT WARRANT THAT THE EQUIPMENT, SERVICE OR THE FUNCTIONS, SHOWCASES OR CONTENT INCLUDING THE INSPECTION REPORT CONTAINED THEREIN OR IN THE SITE WILL BE FUNCTIONAL, TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. HODGINS MAKES NO WARRANTY THAT THE EQUIPMENT, SITE OR SERVICE WILL MEET USERS' REQUIREMENTS OR EXPECTATIONS, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OR GUARANTEES THAT BY LISTING EQUIPMENT ON THE SERVICE OR THE SITE, THE LISTED EQUIPMENT WILL BE SOLD. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY SERVICES ON THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICE. HODGINS MAKES NO REPRESENTATION OR WARRANTY REGARDING ANY EQUIPMENT OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HODGINS OR THROUGH THE SITE OR THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. HODGINS HEREBY EXPRESSLY DISCLAIMS ANY ENDORSEMENT OR WARRANTY OF ANY EQUIPMENT SOLD ON OR THROUGH THE SERVICE, AND ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANOTHER USER.

Limitation of Liability
IN NO EVENT SHALL AUCTIONEERS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM (A) ANY INJURY TO ANY PERSON OR PROPERTY CAUSED BY THE EQUIPMENT OR (B) DEFECTS IN SUCH EQUIPMENT; ON ANY THEORY OF LIABILITY INCLUDING, WITHOUT LIMITATION, PRODUCT LIABILITY. IN ADDITION, IN NO EVENT WILL AUCTIONEERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICE, THE SITE OR ITS CONTENT INCLUDING WITHOUT LIMITATION THE INSPECTION REPORT AND MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF HODGINS OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TOTAL LIABILITY OF AUCTIONEERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE AND THE SERVICE EXCEED, IN THE AGGREGATE, $250.00.

Indemnity
You agree to defend, indemnify and hold harmless Hodgins, its officers, directors, agents, subsidiaries and employees from claims, demands and damages, actual and consequential, of every kind and nature, direct or indirect, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with any breach or violation by you of this Agreement, any use by you of the Site or any disputes or damages arising out of your use of or contracts formed with you through this Site.

VIII. General Provisions

Prices
All prices and dollar amounts listed in this Agreement or on the Site are expressed in Canadian dollars.

No Price Manipulation
You may not manipulate the price of listed Equipment by any means, including but not limited to using secondary accounts, colluding with third parties, or bidding on your own Equipment. You may not use an alias to place bids on any Equipment you are selling, either directly or indirectly for any reason.

Arbitration
YOU AGREE TO MEDIATE AND ARBITRATE ANY DISPUTE OR CLAIM BETWEEN OR AMONG YOU AND ANY OTHER USER OF THE SITE, OR HODGINS, ARISING OUT OF OR RELATING TO THIS AGREEMENT, ANY SALE OF EQUIPMENT, ANY INSPECTION REPORT OR ANY OTHER TRANSACTION CONTEMPLATED BY THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO, ALL CONTRACT AND TORT CLAIMS, STATUTORY CLAIMS, CLAIMS FOR RELIEF WHETHER EQUITABLE OR LEGAL, ISSUES OF ARBITRABILITY, AND DISPUTES ABOUT THE SCOPE OF THIS CLAUSE.

DISPUTE RESOLUTION SHALL BE CONDUCTED PURSUANT TO THE FOLLOWING PROCEDURES. BEFORE INITIATING ANY ARBITRATION, THE PARTIES IN DISPUTE SHALL ATTEMPT TO SETTLE MATTERS BETWEEN THEMSELVES AND, FAILING A SUCCESSFUL RESOLUTION BY SUCH METHOD, THE PARTIES IN DISPUTE SHALL ENGAGE IN MEDIATION TO FACILITATE THE RESOLUTION OF THE DISPUTE.

UNLESS THE PARTIES IN DISPUTE OTHERWISE AGREE, MEDIATION SHALL BE CONDUCTED IN SASKATOON, SASKATCHEWAN, CANADA, BY AN INDEPENDENT THIRD PARTY MEDIATOR AS SELECTED BY HODGINS IN ITS SOLE DISCRETION. SHOULD MEDIATION PROVE UNSUCCESSFUL TO RESOLVE THE DISPUTE, AND WITHIN ONE YEAR OF THE DISPUTE ARISING, A PARTY SHALL MAKE A WRITTEN DEMAND FOR ARBITRATION. THE PARTIES SHALL RESOLVE THE DISPUTE THROUGH FINAL AND BINDING ARBITRATION TO BE CONDUCTED PURSUANT TO THE INTERNATIONAL COMMERCIAL ARBITRATION ACT AND REGULATIONS IN FORCE IN THE PROVINCE OF SASKATCHEWAN, CANADA. ARBITRATION SHALL BE CONDUCTED IN SASKATOON, SASKATCHEWAN, CANADA. THE PROCEDURAL AND SUBSTANTIVE LAW TO BE APPLIED TO AND IN THE ARBITRATION SHALL BE THE LAW OF THE PROVINCE OF SASKATCHEWAN, EXCEPT FOR ITS CONFLICT OF LAW PRINCIPLES. THE PARTIES SHALL AGREE ON A SINGLE ARBITRATOR OR, FAILING SUCH AGREEMENT, ANY PARTY TO THE DISPUTE MAY APPLY TO THE SASKATCHEWAN COURT OF QUEEN'S BENCH TO HAVE AN ARBITRATOR APPOINTED.

THE ARBITRATOR SHALL HAVE NO POWER TO AWARD CONSEQUENTIAL, PUNITIVE OR TREBLE DAMAGES, OR ANY OTHER MANNER OF ENHANCED DAMAGES. THE PREVAILING PARTY IN ANY ARBITRATION SHALL HAVE THE RIGHT TO AN AWARD OF ATTORNEYS' FEES AND COSTS. THE AWARD OF THE ARBITRATOR SHALL BE FINAL AND BINDING AND ANY PARTY TO THE DISPUTE MAY SEEK TO CONFIRM THE AWARD OF THE ARBITRATOR IN ANY PROVINCE, STATE OR FEDERAL COURT OF COMPETENT JURISDICTION AND TO ENFORCE THE AWARD AS A JUDGMENT. EXCEPT TO CONFIRM OR ENFORCE AN ARBITRATOR'S AWARD, WHICH FILING IS PERMISSIBLE, ANY PARTY WHO INITIATES LITIGATION, OR WHO INITIATES ARBITRATION WITHOUT FIRST MEDIATING A DISPUTE, SHALL FORFEIT ANY AND ALL RIGHT TO ATTORNEYS' FEES AND COSTS AS A PREVAILING PARTY, AND SHALL REIMBURSE ALL OTHER PARTIES TO THE ARBITRATION OR LITIGATION, AS THE CASE MAY BE, FOR THEIR COSTS OF LITIGATION INCLUDING ATTORNEYS' FEES AND COSTS.

Third Party Links
Where the Site provides links to third party Internet sites, no representations or endorsements are made in connection with such sites. Hodgins is not liable for any damages or injury arising from use of such sites. All such links are provided for your convenience and you choose to use them at your own risk.

Modification and Availability
Auctioneers may, at any time, delete, modify or supplement the content of this Site without prior notice. Auctioneers reserve the right, for any reason, at its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site or the Service, including, but not limited to, any content, auction service or hours of availability. Auctioneers may also impose limits on certain features of the Service or restrict your access to part or all of the Site or the Service without notice or penalty.

Monitoring
You agree that Auctioneers shall have the right, but not the obligation, to monitor at any time, for any reason at its sole discretion, all material and content on the Site and the Service. Auctioneers reserve the right at all times to edit, disclose or refuse to post any material or information or request removal of or remove any material or information from the Site.

Access and Interference
You agree that you will not use any automatic device or manual process to monitor or copy Hodgins On-Line Auctions web pages or the content contained herein. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on Hodgins On-Line Auction’s infrastructure.

Service Integrity
Auctioneers make reasonable commercial efforts to make their Service and Site available at all times, however, Auctioneers are not responsible for any service interruptions, including, but not limited to, interruptions that may affect the receipt, processing and acceptance of bids or other aspects of an auction or sale.

Termination
This Agreement constitutes a legally binding agreement between you and Hodgins On-Line Auctions until terminated by you or Auctioneer, which Auctioneers may do at any time, without notice, at Auctioneer’s sole discretion. If you become dissatisfied with the Service or the Site, in any way, your only recourse is to immediately discontinue use of the Service and pay any required Removal Fee.

Jurisdiction
This Agreement and the use of the Service shall be interpreted and shall be governed by the laws of the Province of Saskatchewan and the laws of Canada applicable therein, without regard to conflicts of laws rules.

Copyright and Trademarks
The trademarks, tradenames, designs and all material contained on this Site, including all portions of the web site, content, site design, text, graphics, and all intellectual property rights thereto are the sole and exclusive property of Hodgins or its licensors. The use of any such property for any other reason, on any other web site, or the modification, distribution or republication of this material without the prior written permission from Hodgins On-Line Auctions is strictly prohibited.

Severability
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.

Waiver
The failure by either you or Auctioneers to exercise or enforce any rights or provisions of this Agreement shall not constitute a waiver of such right or provision.

Limitation Period
You agree that any cause of action arising out of or related to the Service or this Agreement must commence within twenty-four (24) months after the cause of action arose; otherwise, such cause of action is permanently barred.

Survival
All provisions in this Agreement regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of this Agreement.

Entire Agreement

This Agreement comprises the entire agreement between you and Auctioneers and supersedes all prior agreements between the parties, regarding the subject matter contained herein. No other terms, whether express or implied, shall apply unless specifically incorporated by reference herein.

Need assistance?
You can always speak with a Hodgins On-Line Auctions representative who will help you with any question you may have. They can be reached at 1-800-667-2075, Monday through Friday from 8 a.m. to 5 p.m. Saskatchewan Time.