Terms and conditions of sale Auction by “Call for bids

Terms and conditions of sale
Auction by “Appel d’offre” (Call for bids)

For any purchase of equipment acquired from Encan Atlas, whether through auction or immediate purchase, the bidder must pay the auctioneer administrative fees for each lot purchased:

$0 to $9,999: Rate of 18%

$10,000 to $50,000: Rate of 13.5%

$50,000 to $100,000: Rate of 10%

$100,000 to $200,000: Rate of 8%

$200,000 and above: Rate of 5%

Administrative amounts added to invoice :

• 250.00 documentation fee
• 60.00 link search fee
• 30.00 bank transfer fee (if payment option)
• 75.00 daily storage fee if vehicle picked up more than 10 business days after auction date.

2.1 ENCAN ATLAS is under no obligation to accept the highest or any bid whatsoever, reserving the right to dispose of property in any other manner provided by law;

2.2 ENCAN ATLAS reserves the right to cancel the bidding process at any time without cause and the bidder acknowledges that it shall not be entitled to claim any compensation whatsoever as a result of such decision.

3.1 If ENCAN ATLAS, for any reason whatsoever, is unable to deliver the goods or a significant quantity of the goods to the bidder, ENCAN ATLAS may cancel the acceptance of the bid, which shall then be deemed never to have occurred;

3.2 The Tenderer agrees that no adjustment of the amount tendered may be requested except in the event of a significant disparity between the quantity indicated in the Inventory and the quantity that ENCAN ATLAS can deliver to the Tenderer, subject however to ENCAN ATLAS’ rights under Article 2.1;

4.1 Should the Tenderer fail to comply with any of its obligations hereunder, it shall indemnify ENCAN ATLAS for any damages it suffers or will suffer as a result of such failure without prejudice to any other remedies granted to ENCAN ATLAS by law;

4.2 The submission of a tender constitutes the Tenderer’s irrevocable acceptance of all terms and conditions of sale.

5.1 The bidder declares that it has examined the goods, relies entirely on its examination and investigation, no warranty is given by ENCAN ATLAS as to the description, condition, photographs, damage report and value of the goods and waives any warranty as to the quality of the goods or the accuracy of the information;

5.2 For goods not physically on the Encan Atlas site, a Truepic Vision report will accompany The description of said good. Truepic Vision helps businesses trust what they see: authenticating visuals, blocking AI manipulation and providing information to prevent fraud.
https://www.truepic.com/

5.3 The Tenderer acknowledges that ENCAN ATLAS makes no representation as to the conformity of the Goods to any standard (including an environmental standard) in force at any time and concerning the Goods, their disposition or use and waives any claim whatsoever based on the non-conformity of the Goods to any such standard.

5.4 The bidder acknowledges that the information provided by ENCAN ATLAS concerning the description, condition report and photos are for information purposes only and that they cannot be held responsible for any errors or omissions.

6.1 The tender is made for the amount indicated in the tender;

6.2 Bulk bids and bids for more than one lot must specifically indicate the price offered for each lot;

6.3 It is the Tenderer’s obligation to forward its tender to the office requesting tenders. It is the bidder’s responsibility to ensure that his bid has been received by the addressee.

7.1 Notwithstanding any indication to the contrary contained in the bid, ENCAN ATLAS may accept or reject the bid until the expiration of a reasonable period of time;

7.2 In the event of acceptance of the bid, ENCAN ATLAS will inform the successful bidder by written notice sent by e-mail, fax or mail to the location indicated in the bid;

7.3 If the bid is unsuccessful no notice will be given, but ENCAN ATLAS’s decision may be indicated on the Services FL website.

7.4 Seller may withdraw its acceptance of any bid prior to delivery of the goods. In such event, ENCAN ATLAS will refund to the Bidder any amount received from the Bidder, without interest, and the Bidder will have no further recourse;

7.5 Should the bidder fail to comply with the terms and conditions of sale, the seller may, without prior notice, cancel acceptance of his offer and retain the deposit accompanying his offer to purchase as a penalty.

8.1 ENCAN ATLAS shall provide the Tenderer only with the documents in its possession relating to the title and designation of the goods;

8.2 To the amounts offered shall be added the amounts (Fees-section 1), if any, of any taxes, levies, contributions and duties of any nature whatsoever, inherent or consequential to the acceptance of the offer to purchase upon transfer of ownership, as well as the amounts of all fees and disbursements relating to the preparation and publication of a deed of sale (the “Price”);

8.3 In the case of movable goods, the price is paid in full before the goods are taken into possession, by certified cheque or bank draft made payable to ENCAN ATLAS;

8.4 If the offer to purchase is accepted, the sale takes place without any guarantee from ENCAN ATLAS, and at the bidder’s risk;

8.5 The bidder shall take possession of and remove the goods within two (2) days of acceptance of the offer to purchase and, failing this, shall be responsible for any additional storage costs;

8.6 Ownership of the goods subject to the offer to purchase shall not pass to the bidder until full payment of the purchase price has been made;

8.7 If the bidder fails to take possession of the goods, it authorizes ENCAN ATLAS to cancel the acceptance of its offer to purchase.