Terms and Conditions - Buy and Sell

Please read these terms and conditions carefully before using Our Service.

1. Interpretation and Definitions

1.1 Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural

1.2 Definitions

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Bidder means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable, to submit a bid on Equipment listed for auction.
Binding Obligation a contract between the Buyer and Seller in which the Seller has agreed to sell the Equipment for the amount bid or accepted by the Buyer, and transfer title of Equipment to the Buyer upon receiving payment.
Buyer means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable, to purchase Equipment that has been listed by the Seller on the Service.
Buy Now Price refers to the value the Seller is willing to sell their Equipment for prior to the commencement of the timed online auction.
Country refers to: Saskatchewan, Canada
Company (referred to as either “EZBid”, “the Company”, “We”, “Us” or “Our” in this Agreement) refers to EZBid Farm Auctions Ltd., Box 82, Francis, SK S0G 1V0.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Sale refers to a transaction that takes place between a Buyer and Seller while utilizing the Service.
Seller means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable, to list Equipment for timed online auction.
Service refers to the Website.
Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Offer means the winning bid placed by a Bidder upon closure of the timed auction or the Buy Now Price that is accepted by a Buyer.
Website refers to EZBid Farm Auctions, accessible from www.ezbidfarmauctions.com.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable. You may act as either the Buyer or Seller while using the Service.

2. Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service. By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service. You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

3. Use of Website

3.1 Service

EZBid offers You, Our Service as a location to sell or buy Equipment via timed online auction. The Seller and Buyer are independent parties from the Company, and as such, EZBid merely offers Our Service to enable a Buyer and Seller to connect and transact a Sale directly with each other. EZBid is not party to a Sale and does not represent either party in a Sale that may arise from the use of Our Service.

3.2 Offer To Sell

By utilizing Our Service as a Seller, You hereby extend an irrevocable offer to sell the Equipment (a) to a Buyer who is the highest Bidder that meets or exceeds the minimum bid or (b) to a Buyer who agrees to purchase the Equipment for the Buy Now price, as applicable.

3.3 Completion of Sale as Seller

When You utilize the Service to list Equipment, You become the Seller. Upon completion of an auction or commitment to the Buy Now Price, as applicable, the Offer extended is automatically accepted by You and a Binding Obligation to sell and buy is formed between You and the Buyer. The Binding Obligation will be automatically delivered to You and the Buyer via email or messaging system from the Service. To receive payment from the Service, You shall furnish a bill of sale and any other documentation required to transfer the title of Equipment to the Buyer. The identity of You, your business (if applicable), and location of the Equipment, is provided to the Buyer, only after the Buyer has completed payment to EZBid.

3.4 Completion of Sale as Buyer

When You utilize the Service to buy Equipment, You become the Buyer. Should You have the winning bid or accept the Buy Now price, as applicable, a Binding Obligation to buy and sell is formed between You and the Seller. The Binding Obligation will be automatically delivered to You and the Seller via email or messaging system from the Service. Upon receipt of payment in full to EZBid, the Service will disclose your contact information and identity to the Seller. Furthermore, upon receipt of payment, the Seller’s identity, contact information, and final pickup location for Equipment will be provided to you.

3.5 No Guarantee of Proceeds

EZBid provides no guarantee on dollar value for Equipment listed and sold via auction on the Service.

3.6 Equipment Availability

As the Seller, You agree to have the Equipment readily available for transportation by the Buyer no later than 24hrs after the Binding Obligation is formed. Equipment shall be complete with ignition key(s), if applicable. Should You fail to have the Equipment available, You will be subject to a Closing Delay fee, described in Section 6. Should You fail, for any reason, to release the Equipment to the Buyer, after Binding Obligation and proof of payment have been delivered, You will be subject to a Default Fee in addition to other rights and remedies EZBid and the Buyer may have.

3.7 Equipment Listings

You may not list Equipment that is illegal to use or possess under any applicable law. EZBid reserves the right, at its sole discretion, to carry out the following actions: (1) refuse to list any Equipment at any time; (2) withdraw any Equipment listing from the Service at any time; (3) review, verify, or modify an Equipment listing’s information and description as it sees fit; or (4) prevent or cancel any transaction that is found to be fraudulent or suspicious and report it to authorities having jurisdiction as applicable.

3.8 Accuracy of Listings

As the Seller, the information You provide to the Service during the listing process represent the listing details for the Equipment. You agree to provide all listing details, as required, to accurately represent the Equipment You are listing. You agree to disclose, in their entirety and with completeness and accuracy, all defects, faults, damage, and/or dysfunction of Equipment in your listing. You shall be responsible for errors, omissions, or inaccuracies, whether be known or not, in your Equipment listing.

3.9 Listing Disclaimer

Equipment is listed and sold in an AS IS and AS FOUND state. EZBid has no obligation to verify accuracy of any listing, the responsibility to provide accurate information lies solely with the Seller.

3.10 Restrictions on Use of Equipment

Upon listing the Equipment on the Service, You agree to abstain from using, renting, modifying, leasing and/or operating the Equipment prior to the removal of the Equipment by the Buyer of the Binding Obligation from your property. Should You breach this provision, EZBid reserves the right, at Our discretion, to cancel your transaction and/or charge You a Default fee as well as carry out any other rights and remedies deemed necessary to resolve the situation. Furthermore, should You breach this provision and EZBid elects to cancel your transaction, You agree to refund any payment You may have received and provide payment for any transportation or other costs incurred by the Buyer.

3.11 Disclosure and Payment of Liens

You are responsible to disclose all details, in their entirety, to prospective Buyers of any encumbrance or lien, as applicable, that applies to your Equipment. At your own cost, You shall warrant and defend the Equipment title on behalf of the Buyer, it’s representatives, or successors. Should it be required, You shall be responsible to pay for any fees incurred to release such liens. You hereby acknowledge, agree and authorize EZBid to discharge creditor claims, at it’s discretion, and deduct the incurred fees or costs from the balance of proceeds due to You. Should your proceeds of the Sale of your Equipment be insufficient to discharge creditor claims, You are solely responsible to pay the outstanding balance required to discharge the creditor claims.

3.12 Bid Influencing

You may not at any time, either directly or indirectly, attempt to influence bids on Your listing. Bid influencing includes shill bidding, placing a bid on Your own listing, directing a user to place a bid on Your listing, or any other method that artificially increases the sale price of a listing.

3.13 Professional Advice

Any and all information provided by any EZBid employee through ANY form of communication (email, telephone, letter, etc.), is only ever intended to be general advice as to the selling and buying services of EZBid, and does not ever in any way constitute legal professional advice.

4. Payments

4.1 Payment to Seller

Upon creation of Binding Obligation between You, the Seller, and the Buyer, EZBid will issue a third-party invoice to the Buyer on your behalf. The Buyer is responsible to pay EZBid the amount of the purchase price for the Equipment. By this Agreement, You hereby grant EZBid the right to facilitate the receipt of the purchase price and enforce your right to payment. You agree that no monies shall be paid to You until the purchase price amount has been received in full from the Buyer. After receipt of payment from the Buyer, EZBid shall disburse, within ten (10) days from the date of payment by the Buyer, the amount of monies owed to You, net the commission and fees payable to EZBid from use of its Service. You acknowledge that the Buyer may fail to pay on a timely basis, and EZBid shall not be liable for delays caused by the Buyer.

4.2 Payment from Buyer

Upon creation of Binding Obligation between You, the Buyer, and the Seller, EZBid will issue a third-party invoice to You on behalf of the Seller. Time is of the essence. You are required to promptly provide payment in full within seven (7) days of closing of the auction. Should You fail to provide payment, You will be subject to a Buyer Default Fee and subject to account suspension at the discretion of EZBid.

4.3 Tax

EZBid may charge and remit applicable taxes on behalf of the Seller.

5. Buyer Default

Should the Buyer fail to provide payment in accordance with the Binding Obligation, the Buyer is deemed to be in default and in breach of the Terms and Conditions. Upon Buyer default, You may choose to revoke the offer to sell. If You choose to revoke the offer, You may choose to re-list or withdraw the Equipment at your discretion without penalty.

6. Schedule of Fees

Commission on Sales over $2500 7% Commission on Sales under $2500 10% Seller Default Fee 25% of Closing Bid or $500, whichever is less Buyer Default 25% of Closing Bid or $500, whichever is less Closing Delay Fee $250 Transport Fee Cost of Transport + 15%

4. Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

5. Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately.

6. Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service. To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

7. ”AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

8. Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

9. Dispute Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

10. Severability and Waiver

10.1 Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

10.2 Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

11. Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

12. Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

13. Contact Us

If you have any questions about these Terms and Conditions, You can contact us: By email: info@ezbidfarmauctions.com By visiting this page on our website: www.ezbidfarmauctions.com/terms