Ontario Gaming Assets Corporation
Online Sales - Terms and Conditions
All bidders and other participants of GovDeals agree they have read and fully understand these terms and conditions (“Terms and Conditions”) and agree to be bound thereby.
Waiver. All assets are offered for sale “AS IS, WHERE IS.” Except as expressly provided herein, Ontario Gaming Assets Corporation (“Seller”) makes no warranty, guaranty or representation of any kind, expressed or implied, as to the merchantability or fitness for any purpose of the assets offered for sale or otherwise, and hereby disclaims any such representation, warranty, condition, or guaranty, express or implied. Buyer is not entitled to any payment for loss of profit or any other money damages – whether special, direct, indirect or consequential.
Disclaimer and Release. BUYER ASSUMES TITLE AND OWNERSHIP OF THE ASSETS ENTIRELY AT ITS OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, BUYER WAIVES, RELEASES AND DISCLAIMS ANY AND ALL LIABILITIES OF SELLER AND ALL REMEDIES, RIGHTS AND CLAIMS THAT IT MAY HAVE AGAINST SELLER, NOW OR IN THE FUTURE, ARISING BY LAW, STATUTE OR OTHERWISE, WITH RESPECT TO OR IN CONNECTION WITH THE ASSETS AND ANY ASSOCIATED INTELLECTUAL PROPERTY RIGHTS THEREIN.
Description Warranty. Seller warrants to Buyer that any asset offered for sale will conform to its description. Any claim for misdescription must be made prior to removal of the asset. If Seller confirms the asset does not conform to the description, Seller will keep the asset and refund any money paid. The liability of Seller shall not exceed the actual purchase price of the asset. Please note that upon removal of the asset, all sales are final.
Personal and property risk. Persons attending during exhibition, sale or removal of assets do so entirely at their own risk and assume all risks of damage of or loss to persons and property, and specifically release Seller and GovDeals from any and all liability therefor.
Inspection. Not applicable unless specified on asset page.
Consideration of Bid. Seller reserves the right to reject any and all bids and to withdraw from sale any of the assets listed.
Buyer’s Certificate. Successful bidders will be sent a certificate verifying their successful bid (“Buyer’s Certificate”) by email from GovDeals.
Buyer’s Premium. If a Buyer’s premium is shown on the auction page bidder box, then that amount (expressed as a percentage of the final selling price) (“Buyer’s Premium”) will be added to the final selling price of all items in addition to any taxes imposed. Buyer’s Premium will be subject to payment of PST and/or GST or HST.
Payment. Payment in full is due not later than 5 business days from the time and date of the Buyer’s Certificate. Payment must be made electronically through the GovDeals Website. Acceptable forms of payment are:
PayPal and card purchases are limited to below CAD $5,000.00. If the winning bid plus applicable taxes, if any are indicated, and the Buyer's Premium, equals more than CAD $4,999.99, PayPal and credit cards may not be used. If wire transfer is chosen, a transfer transaction summary page will provide payment and account information. The wire transfer must be completed within 5 days.
Removal. All assets must be removed within ten (10) business days from the time and date of issuance of the Buyer’s Certificate. Purchased assets will be released only upon receipt of payment as specified. Successful bidders are responsible for loading and removal of any and all assets awarded to them from the place where the asset is located, as indicated on the applicable asset page of the website and in the Buyer’s Certificate. Buyer will make all arrangements and perform all work necessary, including packing, loading and transportation of the asset. Under no circumstances will Seller assume responsibility for packing, loading or shipping. See special instructions on each asset page for removal details.
Vehicle Titles. Seller will issue a title or certificate upon receipt of payment. Titles may be subject to restrictions as indicated in the asset description on the applicable asset page of the website.
Default. Default shall include (1) failure to observe these terms and conditions; (2) failure to make good and timely payment; or (3) failure to remove all assets within the specified time. Default may result in termination of the contract and suspension from participation in all future sales until the default has been cured. If Buyer fails in the performance of its obligations, Seller may exercise such rights and may pursue such remedies as are provided by law. Seller reserves the right to reclaim and resell all assets not removed by the specified removal date, and to retain the purchase price paid by Buyer for the asset(s) in question.
Acceptance of Terms and Conditions. By submitting a bid, the bidder agrees they have read, fully understand and accept these Terms and Conditions, and agree to pay for and remove the asset(s), by the dates and times specified. These Terms and Conditions are displayed at the top of each asset page of each asset listed on the GovDeals website. Special Instructions appearing on the asset page will override certain sections of these Terms and Conditions.
PST, GST and HST. Buyer will be subject to payment of HST, which will be added to the sale price as appropriate to the location from which the goods were sold. Buyer is responsible for contacting Seller or the appropriate tax office, completing any forms and paying any taxes that may be imposed.
Sales to Employees. Employees, and their immediate family members, of Seller may NOT bid on the assets listed for auction.
Governing Law. The Laws of the Province of Ontario will govern all aspects of the auction sale transaction on the GovDeals marketplace.