SOLD
5,750.00CAD+ applicable fees & taxes.
This item SOLD at 2022 Aug 14 @ 00:15UTC-6 : CST/MDT
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A full invoice should be emailed to the winner by the auctioneer within a day or two.
148-WF-O
Auction Location:
#100, 3802-49 Ave, Stony Plain, Alberta, T7X 0E2, Canada
Buyer's Premiums:
| From (Incl.) | To (Excl.) | Premium |
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APOS Online Auction
Terms and Conditions
These Terms and Conditions represent the terms upon which APOS contracts with the Buyer. These
Terms and Conditions shall apply to the sale of the Lot by APOS to the Buyer and shall supersede and
take precedence over any previously agreed Terms and Conditions of Business. These Terms and
Conditions are hereby incorporated into and form part of the Agreement entered into by APOS and
the Buyer.
DEFINED TERMS:
APOS: Alberta Professional Outfitters Society;
Lot: The Lot is any item placed for sale in the auction sale held by APOS, online or elsewhere and,
specifically, that Lot described by Lot number in the Auction description for the auction sale;
Reserve: The reserve is a minimum price for the sale of the Lot;
Expenses: Expenses shall include all costs incurred, directly or indirectly, in relation to the sale of the
Lot;
Sale Price: The final ending bid price;
Buyer: The Buyer is the person or corporation, who bids successfully on the Lot at the auction sale;
Sales Tax: means the applicable sales tax in the jurisdiction of sale of the Lot;
Purchase Price: The Purchase Price is the Sale Price and applicable tax;
Registered Bidder: A Registered Bidder is an Outfitter Permit holder or who meets the eligibility
requirements for bidding and has fully completed the registration process;
THE BUYER:
A. APOS
a. APOS acts solely as agent for the allocations/privileges, except as otherwise provided
herein.
B. The Buyer
a. In order to bid on allocations/privileges, the Registered Bidder must be or represent an
Outfitter Permit of the appropriate classification in advance of bidding;
b. Every Registered Bidder shall fully complete the registration process and provide the
required information to APOS. This online registration procedure may require up to
twenty-four (24) hours to complete and it is the responsibility of the Registered bidder
to register on time to bid;
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c. Every Registered Bidder acknowledges that once a bid is made with their bid number, or
bid number and password, as the case may be, it may not be withdrawn without the
consent of APOS who, in their sole discretion, may refuse such consent;
d. Is the highest Registered Bidder acknowledged at the time the sale ends;
e. Every Registered Bidder shall be deemed to act as principal;
f. APOS shall have absolute discretion in settling any dispute in determining the successful
bidder;
g. The Buyer acknowledges that invoices generated during the sale or shortly after may
not be error free, and therefore are subject to review; and
h. Every Registered Bidder agrees that if a Lot is sold on his bid, they are bound to
purchase the Lot for the Purchase Price.
C. Buyer’s Price
a. The Buyer shall pay the Purchase Price immediately following purchase using the
mechanisms for payment available through the online bidding platform;
b. Payment to APOS for the applicable Allocation Use Fee, Allocation Selection Fee or
Waterfowl Renewal Fee will be required before the allocations/privileges are made
available to the outfitter;
i Payment of the associated fees must be paid within 5 business days of
purchase.
ii Credit card (Visa or Mastercard) is the preferred method of payment to APOS.
D. Descriptions of Lot
a. All representations or statements made by APOS, or in the online description are
statements of opinion only. The Buyer agrees that APOS shall not be liable for any errors
or omissions in the catalogue, or any supplementary material produced by APOS;
b. All photographic representations and other illustrations presented in the catalogue are
solely for guidance and are not necessarily a true representation of the Lot;
c. The prospective Buyer must satisfy himself as to all matters referred to in a), b) and c) of
this paragraph by their own investigation or otherwise prior to the sale of the Lot. The
Buyer agrees that APOS shall not be held responsible for any errors or omissions
contained within. The Buyer shall be responsible for ascertaining the value of the Lot.
E. Purchased Lot
a. The Buyer shall, after full payment for Purchase Price of the Lot and associated fees have
the Lot transferred from APOS by 4:30 p.m. on the tenth (10th) business day following
the date of the auction sale;
F. Risk
a. The Lots are purchased at Buyer’s risk.
b. Non-payment and Failure to Collect Lot(s):
i. If the Buyer fails either to pay for any Lot by the fifth (5th) business day following
the date of the auction sale, APOS will be entitled, without providing further notice
to the Buyer and without prejudice to any other rights or remedies, to:
1. Rescind the sale of that or any other Lot(s) sold to the Buyer;
2. Offer the Lot(s) to the next bidder at the Sale Price;
3. Resell the Lot or cause it to be resold by online sale;
4. In the absolute discretion of APOS, to refuse or revoke the Buyer’s
registration in any future auctions held by APOS.
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G. Guarantee
a. APOS, its employees and Board, shall not be responsible for the correctness of any
statement as to the attribution of any Lot or for any other errors of description or for
any faults or defects in any Lot and no warranty whatsoever is given by APOS, its
employees or Board in respect of any Lot and any express or implied conditions or
warranties are hereby excluded.
H. Buyer Responsibility
a. Prospective Buyers are advised to inspect the Lot(s) before the sale, and to satisfy
themselves as to the description and attribution of each Lot.
THE CONSIGNOR:
A. APOS
a. APOS shall have absolute discretion as to the particular auction sale for the Lot, the date
of the auction sale, the manner in which the auction sale is conducted, the catalogue
descriptions of the Lot, and any other matters related to the sale of the Lot at the
auction sale.
B. Warranties and Indemnities
a. APOS guarantees to all Lots to be delivered unencumbered, free and clear of any claims;
b. APOS, its employees and Board are indemnified against all claims made, or proceedings
brought, by persons entitled or purporting to be entitled to the
Lot;
c. APOS, its employees and Board are indemnified against all claims made or proceedings
brought due to any default of any applicable legislation, regulations and these Terms
and Conditions.
C. Unsold Lots
a. APOS shall have the right to sell unsold Lots by online auction at a future date on such
terms as APOS shall determine;
b. In the event that a Sale is not successful, the Lot will be offered to the next highest
bidder for their last Bid price.
D. Photographs and Illustrations
a. Use and publishing of illustration, photograph or other reproduction in connection with
the public exhibition, promotion and sale of the Lot in question and otherwise in
connection with the operation of APOS’s business, including without limitation by
including the illustration, photograph or other reproduction in promotional
compilations, and other publications and materials distributed, and by communicating
the illustration, photograph or other reproduction by telecommunication via an Internet
website operated by or affiliated with APOS is strictly as a point of reference, not a true
likeness of the Lot being sold.
GENERAL CONDITIONS:
A. APOS acts as agent for the Lots and is not responsible for the value or condition.
B. APOS has the right at its absolute discretion to refuse any bid, to withdraw any Lot, to combine
any two or more Lots and, in the case of default of payment, to put up any Lot for auction again.
At no time, shall a Registered Bidder retract or withdraw his bid.
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C. Any indemnity hereunder shall extend to all actions, proceedings, costs, claims and demands
whatsoever incurred or suffered by the person for whose benefit the indemnity is given and,
APOS shall hold any indemnity on trust for its employees and agents where it is expressed to be
for their benefit.
D. Access to the online bidding service is made available as a convenience and on a temporary
basis, and APOS reserves the right to suspend or terminate any aspect or feature of the online
bidding service (including the online bidding service in its entirety) at any time, with or without
notice. Without limiting the foregoing, APOS may suspend access to online bidding to carry out
scheduled or unscheduled maintenance or for any other reason at any time.
E. Any notice given hereunder shall be in writing and if given by post shall be deemed to have been
duly received by the addressee within five (5) business days.
F. The copyright for all illustrations and written matter relating to the Lots shall be and will remain
at all times the absolute property of APOS and shall not, without the prior written consent of
APOS, be used by any other person.
G. This Agreement shall be governed by and construed in accordance with Alberta Law and the
laws of Canada applicable therein and all parties concerned hereby submit to the exclusive
jurisdiction of the Alberta Courts.
H. Unless otherwise provided for herein, all monetary amounts referred to herein shall refer to the
lawful money of Canada.
I. All words importing the singular number shall include the plural and vice versa, and words
importing the use of any gender shall include the masculine, feminine and neuter genders and
the word “person” shall include an individual, a trust, a partnership, a body corporate, an
association or other incorporated or unincorporated organization or entity.
J. If any provision of this Agreement or the application thereof to any circumstances shall be held
to be invalid or unenforceable, the remaining provisions of this Agreement, or the application
thereof to other circumstances, shall not be affected thereby and shall be held valid to the full
extent permitted by law.
K. Changes to These Terms and Conditions: APOS may from time to time update its terms and
conditions between auctions. Please review these terms and conditions regularly to ensure you
are aware of any changes made by APOS. If you use online bidding after changes have been
made and posted, you shall be deemed to have agreed to such changes. If you do not agree to
such changes, you should not make any subsequent use of the online bidding service.