Elite Gear Ltd.
Website: elitegearauction.com
Please read these Terms and Conditions carefully before accessing or using the services of Elite Gear Ltd. By registering, bidding, buying, or otherwise participating in any auction or transaction through elitegearauction.com (the “Website”), you agree to be legally bound by the following terms (the “Agreement”).
About Elite Gear Ltd.
Elite Gear Ltd. (“Elite Gear,” “we,” “us,” or “our”) operates an online auction and asset marketing platform specializing in construction equipment, agricultural equipment, transportation assets, commercial equipment, and related property. The Website provides online auctions, unreserved auctions, negotiated sales, and buy-now opportunities.
Eligibility and Account Responsibility
Use of elitegearauction.com is restricted to individuals and legal entities capable of entering into binding contracts under applicable law. Individuals under 18 years of age may not register or bid.
By creating an account or placing a bid, you confirm that:
• You are at least 18 years of age and legally authorized to contract.
• You are financially responsible for all activity conducted under your account.
• All registration information provided is accurate and complete.
• You will maintain the confidentiality of your login credentials.
You agree to be responsible for any losses, costs, damages, commissions, legal fees, or expenses incurred by Elite Gear Ltd. as a result of inaccurate information, non-payment, or breach of these Terms.
Elite Gear Ltd. reserves the right, at its sole discretion, to suspend or revoke bidding privileges, reject bids, cancel registrations, or refuse service without liability.
Bidding and Purchase Obligations
A bid constitutes a legally binding offer to purchase. If you are the highest bidder, or your offer is accepted, you are obligated to complete the transaction. Bids may not be withdrawn once placed.
Any attempt to manipulate the bidding process, interfere with other bidders, or artificially influence pricing is strictly prohibited.
Consignors are contractually prohibited from bidding on their own assets.
Asset Descriptions and Condition
All assets are sold on an “as is, where is, with all faults” basis.
Descriptions, photographs, videos, condition reports, and verbal statements are provided as a service and represent information available at the time of listing. While Elite Gear Ltd. makes reasonable efforts to present assets accurately, no guarantee or warranty is made as to condition, completeness, suitability, performance, roadworthiness, or fitness for a particular purpose. Hidden defects may exist.
To the fullest extent permitted by law, buyers waive reliance on statutory or implied warranties under applicable sale of goods or consumer protection legislation. Buyers are solely responsible for conducting independent inspections and due diligence prior to bidding.
Subject to Redemption
Certain assets may be listed as “subject to redemption.” This means the asset may be withdrawn from the auction prior to final completion due to legal, financial, or court-directed requirements.
If a transaction is fully completed and funds are received, the buyer will receive ownership subject to normal title transfer processes and registration timelines.
Lien Release and Title Processing
Where sale proceeds are required to satisfy an existing lien, funds will be forwarded to the secured creditor following payment clearance. Title release timing depends on third-party institutions and government processing agencies.
Elite Gear Ltd. cannot guarantee immediate title transfer and is not responsible for delays beyond its control. Buyers requiring immediate resale or financing should consider this when bidding.
Fees and Buyer’s Premium
Elite Gear Ltd. may charge a buyer’s premium and other applicable fees as disclosed in each lot listing.
Unless otherwise stated:
• Lots $5,000 and under: 10% buyer’s premium.
• Lots over $5,001: 3% buyer’s premium.
• Minimum premium: $10 per lot.
• Maximum premium: $3,000 per lot.
Credit card payments may be subject to processing fees. All applicable taxes, duties, and transfer fees are the responsibility of the buyer.
Elite Gear Ltd. reserves the right to amend fee structures at any time.
Payment Terms
Payment is due within three (3) business days of auction closing unless otherwise specified in the auction listing.
Accepted payment methods may include:
• Wire transfer
• Certified cheque or bank draft
• Interac e-Transfer (subject to invoice limits)
• Cash, where permitted by law
Elite Gear Ltd. reserves the right to charge any credit card on file for unpaid balances, subject to applicable limits.
Interest on overdue amounts accrues at 18% per annum or the maximum rate permitted by law, plus collection and legal costs.
Title and possession do not pass until full cleared payment is received.
Pickup and Storage
Assets must be removed within five (5) business days of sale completion unless otherwise stated.
Storage fees may apply after the removal deadline:
• Minimum $5 per item per day for indoor storage.
• Minimum $25 per item per day for outdoor storage.
Failure to remove purchased assets within the allotted timeframe may result in resale, forfeiture of funds, and additional administrative charges.
Government-issued photo identification is required for pickup. Written authorization is required for third-party collections.
Abandoned Property
Assets not paid for or not removed within the prescribed timeline may be deemed abandoned. Elite Gear Ltd. may resell, relocate, or dispose of abandoned assets without notice. Storage, resale, administrative, and cleanup costs may be deducted from any funds paid.
Mileage, Hours, and Electronic Data
Odometer readings, engine hours, hour-meter readings, and electronic control module (ECM) data are provided for informational purposes only and reflect readings displayed at the time of inspection.
Elite Gear Ltd. does not verify or guarantee the accuracy, completeness, or historical integrity of such data. Buyers acknowledge that they have not relied on mileage or hour readings in determining value and accept full responsibility for verification prior to purchase.
Company Rights
Elite Gear Ltd. reserves the right to:
• Restart bidding in the event of a clerical, technical, or material error.
• Cancel or withdraw any lot at any time.
• Collapse a sale in exceptional circumstances, including title defects or material misrepresentation.
Limitation of Liability
Elite Gear Ltd. makes no representations or warranties, express or implied, regarding the accuracy of information or the condition of assets sold.
To the fullest extent permitted by law, Elite Gear Ltd. shall not be liable for:
• Errors or omissions in listings.
• Mechanical failures or defects.
• Personal injury, property damage, or economic loss.
• Indirect, incidental, or consequential damages.
Buyers assume all risks associated with purchase, operation, transport, resale, and registration of assets.
No Guarantee of Authenticity
Elite Gear Ltd. does not guarantee the authenticity, provenance, or originality of any asset. Buyers are responsible for conducting independent research and obtaining professional advice where appropriate.
Refundable Deposits and Bidding Limits
Elite Gear Ltd. may impose bidding limits on new or existing accounts. To increase bidding limits, a refundable deposit may be required.
Unless otherwise approved:
• A $3,000 deposit may increase bidding capacity by $100,000.
• Deposits scale proportionally for higher limits.
Deposits must clear before bidding privileges are adjusted.
Deposits may be applied to unpaid invoices or forfeited in cases of non-payment or breach of these Terms. Refunds are processed upon written request once all accounts are settled.
Website Availability
While reasonable efforts are made to maintain uninterrupted service, Elite Gear Ltd. does not guarantee continuous or error-free Website operation. Bidders are responsible for ensuring timely bid placement.
Indemnification
You agree to indemnify and hold harmless Elite Gear Ltd., its directors, officers, employees, agents, and consignors from any claims, losses, liabilities, damages, or expenses arising out of:
• Your breach of this Agreement.
• Your use or resale of purchased assets.
• Failure to properly transfer title or registration.
Governing Law
This Agreement shall be governed by and interpreted in accordance with the laws of the Province and the federal laws of Canada applicable therein, unless otherwise stated in writing for specific asset jurisdictions.
Any disputes shall be brought exclusively before the courts of competent jurisdiction in Alberta, Canada.
Amendments
Elite Gear Ltd. reserves the right to modify these Terms and Conditions at any time. Updated terms will be posted on elitegearauction.com and will become effective upon posting. Continued use of the Website constitutes acceptance of any revisions.
Acceptance
By registering an account, placing a bid, submitting an offer, or completing a transaction through elitegearauction.com, you confirm that you have read, understood, and agreed to these Terms and Conditions.