Terms and Conditions

Registrations are available for the following buyers: traders, companies, corporations and professionals. We do not open accounts for individuals.

Lots are sold as is, and do not include delivery. Winning bidders must pay an administration fee on each lot, which is independent of the lot.

Please read the bidding conditions carefully before participating. Before you bid, it’s your responsibility!

a) Whereas the auctioneer organizes “online” auctions of vehicles, equipment and tools, as agent for their owners.

b) Whereas the bidder, in the course of his activities, wishes to be able to participate in an “online” auction to possibly purchase vehicles, equipment and/or tools.

c) Whereas the Auctioneer and the Bidder have agreed that the Bidder may participate in the Auctioneer’s online auction under the terms and conditions hereinafter set forth; Accordingly, the parties agree as follows: The DEFINITIONS of the following words and/or expressions, when they appear in the contract, shall be interpreted, unless otherwise implicitly or explicitly stated in the text, according to the definitions attributed hereinafter:

1.1 Contract means this contract, including its introduction and any appendices and other documents associated therewith, which form an integral part hereof, as well as any written amendments which may be made to it from time to time by the parties.

1.2 Encan Atlas assigns the “online” auction of vehicles, equipment and/or tools that the auctioneer organizes on the website at the times mentioned online.

1.3 Option to purchase assigns the possibility for the bidder and other registered bidders for the auction to purchase, during a pre-auction period specified on the website and at a price already established, certain vehicles and equipment to be offered for sale at the auction;

1.4 Equipment refers to the vehicle(s), equipment(s) and/or tool(s) offered for sale at auction and, where applicable, the purchase option attached thereto;

1.5 Assigned site 401 Rue St-Paul, Repentigny, QC, J5Z 2H9

1.6 Web site assigns the website www.encanatlasauction.com to any one of them.

1.7 Auction assigns the bid higher than the previous bid or bids during the auction;

1.8 “Unfulfilled” bid, describes the situation where a winning bidder is unable to fulfill its commitments.

1.9 Mise à prix assigns the price announced on the Web Site, at the time of the auction, at which bidding begins for vehicles, equipment and/or tools;

1.10 Reserve price refers to the confidential minimum price set by the owner of the vehicle, equipment and/or tooling below which the vehicle, equipment and/or tooling cannot be purchased at auction;

1.11 The statement of award assigns the list of vehicle(s), equipment(s) and/or tool(s) won by a buyer and specifies the award price and costs. This statement serves as proof of purchase once ownership of the vehicle(s), equipment(s) and/or tool(s) has been transferred;

1.12 Taxes assigns Goods and Services Tax (GST) of 5% and Quebec Sales Tax (QST) of 9.975%, and no export tax.

2.1 The Auctioneer grants the Bidder the right to use the bidder’s number appearing at the bottom of the Contract (hereinafter “the Number”) in order to participate in the auction and to be able to exercise the option to purchase when a vehicle, equipment and/or machinery benefits therefrom, all in accordance with the terms and conditions of the Contract. The bidder is responsible at all times for the control of the Number and is bound by any bid or option to purchase made with the Number (tie-breakers are awarded by the auctioneer).

3.1 The bidder may use his number to acquire, in advance and for a specific price, the vehicle(s), equipment(s) and/or tool(s) to be offered for sale at the auction if its owner has chosen that the vehicle(s), equipment(s) and/or tool(s) or part thereof be offered to bidders in this way, it being understood that the rules regarding the use of the number and the other obligations of the contract for the auction apply to the purchase option;

4.1 The auction is conducted on the Web Site www.encanatlasauction.com according to the methods and know-how of the auctioneer, who offers the vehicle(s), equipment(s) and/or tools in lots or groups of lots, it being agreed that the auctioneer may at any time, even during the auction, without notice to the bidder and without liability to the bidder, and without this having the effect of terminating the contract or reducing the obligations subscribed to therein by the parties:

4.1.1 Modify the conditions of sale of the vehicle(s), equipment(s), and/or tools, in particular as regards the choice of site, the dates and times of the auction and/or option to purchase, the bids, the minimum increments, the groupings and/or divisions of lots as well as their order of presentation;

4.1.2 Remove the vehicle(s), equipment(s) and/or tool(s) or part(s) thereof from the auction and/or option to purchase;

4.1.3 Refuse to accept any bid, in particular if it is deemed too insignificant in relation to the previous bid or if the bidder is in breach or has been in breach of the contract;

4.2 The bidder who offers the highest bid accepted by the auctioneer during the auction period for the lot(s) will be considered the purchaser of the vehicle(s), equipment(s) and/or tools, subject to payments to be made in accordance with articles 3.1 and 4.2 of the contract, it being understood that no bidder may withdraw his bid once it has been made;

4.3 The bidder undertakes not to use any number other than that granted by the contract and may in no case, personally or otherwise, bid on any vehicle, equipment and/or machinery, or part thereof, of which he is the owner or co-owner, nor on that of any owner with whom he is directly or indirectly connected, whether as agent, partner or otherwise if such is the case will be banned for life from the Atlas Auction.

4.4 The sale of a lot of vehicle(s), equipment(s) and/or tools, which may contain a reserve price, is made, at the auctioneer’s discretion, with or without a reserve price and according to increments determined by the auctioneer;

4.5 Auctions are possible until the expiry of the period set for the sale of a lot of vehicle(s), equipment(s) and/or tools, it being agreed that :

4.5.1 Any bid received during the last minute of the period set for the sale of the lot will extend this period for a further minute, which may be extended one or more times if other bids continue to be received;

4.5.2 If at the end of the period allowed for bidding on a lot, the bidder’s bid has not reached the reserve price of the said lot, a mention “pending” will be made to enable us to contact the owner of the said lot to accept or refuse the bid. If the owner does not accept the bid within this period, the bid for the said lot will be refused and the sale of the said lot will not be concluded;

5.1 The bidder undertakes, at his own expense, during the auctioneer’s business hours and according to his instructions or those that may be specified by his representatives or employees, to come and remove from the site the vehicle(s), equipment(s) and/or tools acquired no later than 7 days following the date of transfer of ownership of said vehicle(s) and/or equipment, it being agreed that :

5.1.1 After this period, the bidder must pay the auctioneer the sum of $50.00 per day for each lot of vehicle(s), equipment(s) and/or tools not withdrawn; and

5.1.2 The bidder is responsible for any damage caused by the auctioneer during the removal of vehicles, equipment and/or tools;

5.2 The bidder must have, at least from the date of purchase and transfer of ownership of the vehicle(s), equipment(s) and/or tool(s) acquired under the contract, insurance covering such vehicle(s), equipment(s) and/or tool(s) for its full insurable value, including liability against theft, fire and damage which it may cause or which may be caused to it. The total or partial loss of the vehicle(s), equipment(s) and/or tools, as well as any damage that may be caused thereto, shall not have the effect of extinguishing or limiting in any way whatsoever the obligations entered into under the contract by the bidder towards the auctioneer, The auctioneer has the right to demand proof of insurance coverage, and to deem insurance to be lacking if, for example, it does not adequately cover vehicle(s), equipment(s) and/or tooling requiring dismantling, assembly or hot-cutting;

5.3 The bidder also agrees to repair at his own expense any lot of vehicle(s), equipment(s) and/or tool(s) that he has acquired at auction or by option to purchase so that it is in a safe operating condition and complies in particular with the standards and requirements of applicable law, authorities and regulations, including those concerning the use for which the lot may be intended;

5.4 The bidder declares :

5.4.1 Act as a merchant and/or entrepreneur and/or professional and agrees that the information provided in the contract will be kept confidential in accordance with the Website Privacy Statement; www.encanatlasauction.com

5.4.2 Agree to allow the auctioneer to conduct a credit check on him;

5.4.3 Be aware that some vehicles, equipment and/or tools coming from outside the province of Quebec may be subject to inspections before they can be registered;

5.4.4 Acknowledge that the vehicle(s), equipment(s) and/or tool(s) may be inspected prior to auction or option to purchase and that it is their responsibility to do so and to make their own investigations;

5.4.5 That there are no express or implied warranties of any kind with respect to the vehicle(s), equipment(s) and/or tool(s) and that it will verify to its satisfaction that the vehicle(s), equipment(s) and/or tool(s) comply with safety, pollution (emission control system) and/or hazardous materials standards and any other standards applicable by authority, law or regulation;

5.4.6 Understand that sales of vehicle(s), equipment and/or tools are final and waive the right to request their cancellation if he/she has acquired the vehicle(s), equipment and/or tools while under a SAAQ Act 6 sanction;

5.4.7 Undertake to use only its number and to comply with the obligation set out in article 5.3 and all other conditions and obligations of the contract;

5.4.8 Release the Auctioneer from all liability and agree to indemnify the Auctioneer in respect of any lawsuits, claims, costs or charges arising from the contract, including the breach of obligations entered into by the Bidder under the contract and/or the inaccuracy or falsity of the Bidder’s declarations;

5.4.9 Acknowledges that the storage site(s) is a potentially hazardous location and undertakes to notify any person associated with it of this fact since flammable, noxious, corrosive and pressurized substances may be present, heavy machinery may be used and electrical circuits may be live, the bidder waives all recourse against the auctioneer, its representatives, employees, agents and/or principals for injuries sustained on the site or for damage to or loss of property that may occur there, however caused;

6.1 The Auctioneer undertakes, in accordance with the terms and conditions communicated to the Bidder or available on the Website, to give the Bidder access to the vehicle(s), equipment(s) and/or tool(s) during exhibition and/or demonstration thereof;

6.2 Within 7 days of payment by the Bidder of all sums due under section 3 of the contract and other sums due under the contract, the Auctioneer will remit to the Bidder the invoice.

7.1 The parties agree that under no circumstances does the auctioneer, itself or by any other person and/or means whatsoever and in particular by printed writings or broadcast on the website, make any representation to the bidder on the equipment, nor consent to any guarantee that the lot(s) of vehicle(s), equipment and/or machinery is fit for a particular purpose, is of merchantable quality or is capable of being financed, is of a particular age, year of manufacture, model, make or condition, or meets the standards and requirements of any authorities, laws or regulations;

7.2 The parties agree that, in accordance with articles 1592 and 1593 of the Civil Code of Quebec, the auctioneer may exercise a right of retention on the lot(s) of vehicles, equipment(s) and/or machinery acquired by the bidder at auction or by option to purchase in order to secure all its rights under the contract as well as all the obligations subscribed thereto by the bidder;

7.3 The auctioneer is not obliged to perform any of the contractual obligations as long as the bidder fails to perform any of the contractual obligations, regardless of their nature or importance;

7.4 The parties specifically agree that the vehicle(s), equipment(s) and/or tools are acquired without any warranty of any kind whatsoever, being sold “as is”, excluding in particular the legal warranty of quality provided for in article 1726 of the Civil Code of Quebec. Under no circumstances shall the auctioneer be held responsible for any defects, anomalies or non-functioning of the vehicle(s), equipment and/or tools;

7.5 If, for any reason whatsoever, excluding those related to a default on the part of the bidder, the auctioneer is unable to make available the vehicle(s), equipment and/or tools acquired by the bidder or to provide the bidder with a clear title, the auctioneer’s sole responsibility, if any, is to refund the sums paid by the bidder for such vehicle(s), equipment and/or tools;

7.6 Once the contract has been signed, the bidder may not under any circumstances, without the prior written acceptance of the auctioneer, sell, assign or otherwise transfer the rights thereto, in any manner whatsoever;

8.1 The auctioneer may terminate the contract upon simple notice to the bidder, without indemnity or compensation to the bidder and without prejudice to his other remedies, in the event that :

8.1.1 The bidder fails to comply with any of his obligations under the contract and has not remedied his default following the auctioneer’s notice to this effect;

8.1.2 The bidder has made or is making false statements and/or representations and/or a “disregarded” bid;

8.1.3 The bidder becomes insolvent, bankrupt or makes an assignment of his property; In the event of termination by the auctioneer for any of the aforementioned causes, the auctioneer may consider the sale of the vehicle(s), equipment and/or tools acquired by the bidder as cancelled by operation of law and the bidder shall pay to the auctioneer, as a penalty and in addition to the other amounts due under the terms of the Contract, such as administrative fees, the greater of the sum of 500.00 or 25% of the amount of the vehicle(s), equipment and/or tools unpaid by the bidder;

9.1 The parties declare that the contract has been freely negotiated, that it constitutes the whole and entirety of their agreement and that it may only be modified by means of a writing duly signed by them;

9.2 All sums of money provided for in the contract refer to Canadian currency for Canada, and American currency (USD) for the United States and other countries.

9.3 If any provision of the contract contravenes any law, it shall be construed so as to bring it into conformity with the law or, failing that, in the manner most likely to effect the intention of the parties;

9.4 Any notice required by the contract is sufficient if it is in writing and sent by a means of communication which enables the sender to prove that the said notice was actually delivered.

9.5 Neither party shall be considered in default of performance of its obligations under the contract if such performance is delayed, withheld or prevented as a result of force majeure; Force majeure constitutes any cause beyond the control of the parties which they could not reasonably have foreseen and against which they were unable to protect themselves; For purposes of clarification, the parties expressly agree that a computer bug or the malfunctioning of the www.encanatlasauction.com website constitutes force majeure;

9.6 All time limits indicated in the contract are mandatory and for the purposes of calculating them, the rules of the Code of Civil Procedure of Quebec apply;

9.7 The parties agree that the interpretation, performance, application, validity and effect of the Agreement shall be governed by the laws applicable in the Province of Quebec, and agree, with respect to any claim or legal proceeding for any reason whatsoever, to select the judicial district of Joliette, Province of Quebec, as the place for hearing such claim or legal proceeding, to the exclusion of any other judicial district which may have jurisdiction over such dispute as prescribed by law;

9.8 The parties acknowledge that they are acting as independent contractors and that the contract does not create a partnership between them;

9.9 The Parties agree that this contract shall be drawn up in French. The Parties agree that this Agreement be drafted in French Language;