Terms & Conditions

RHYTHM AUCTIONS LTD.
TERMS AND CONDITIONS OF SALE
INCLUDING ONLINE REAL ESTATE AUCTIONS
These Terms and Conditions (�Terms�) govern all auction sales conducted by Rhythm Auctions Ltd. (�Auctioneer�), including auctions of personal property, equipment, vehicles, and real property. By registering for, bidding at, or participating in any auction conducted by Rhythm Auctions Ltd., each bidder and purchaser agrees to be legally bound by these Terms.
Where a sale involves real property, the Real Estate Terms contained herein shall prevail over any conflicting provisions applicable to personal property sales.
1) AUCTIONEER�S ROLE
Rhythm Auctions Ltd. acts solely as agent for the Seller and does not act as principal unless expressly stated otherwise. All property is offered for sale by the Seller through the Auctioneer.
2) BIDDER REGISTRATION
All bidders must register prior to bidding and provide valid government-issued identification and any documentation required by the Auctioneer, including FINTRAC identification forms where applicable.
The Auctioneer reserves the absolute right to refuse registration or revoke bidding privileges at its sole discretion.
3) AGREEMENT OF PURCHASE AND SALE � REAL ESTATE
Upon acceptance of the winning bid by the Seller, the Purchaser shall immediately execute the Purchase Contract and all related documents provided by the Brokerage and/or Seller.
All winning bids on real estate are subject to Seller approval unless expressly stated otherwise.
4) CASH SALE / NO FINANCING CONDITION
All sales are final and are cash sales unless otherwise announced by the Auctioneer.
Real estate purchases are not conditional upon financing, appraisal, inspection, or the Purchaser�s ability to obtain financing. Bidders purchasing real estate must provide satisfactory proof of funds from a recognized financial institution no later than 48 hours prior to the auction start date.
5) PAYMENT TERMS
All purchases must be paid in full in Canadian funds by cash, certified cheque, bank draft, debit card, wire transfer, e-transfer, Visa, or MasterCard, unless otherwise announced.
The Auctioneer reserves the right to charge any credit card provided by the Purchaser for unpaid balances after three (3) business days following the auction sale.
A 3% administration fee shall apply to all payments made by credit card.
Wire transfers may be subject to an additional administration fee.
6) TAXES
Applicable GST, PST, HST, or other taxes shall be charged on all taxable purchases in accordance with applicable laws.
7) REAL ESTATE DEPOSIT
Immediately upon being declared the successful bidder for real estate, the Purchaser shall deliver a non-refundable deposit equal to five percent (5%) of the Purchase Price to the Seller�s lawyer within twenty-four (24) hours of auction close.
The balance of the Purchase Price shall be paid in full on or before the closing date.
8) CLOSING � REAL ESTATE
Unless otherwise announced, closing shall occur on the date specified in the Purchase Contract or such other date as mutually agreed by the parties.
Each party shall be responsible for its own legal fees and disbursements.
The Purchaser shall be responsible for land title registration fees, adjustments, title insurance, and all closing costs payable by the Purchaser under applicable law.
Time shall be of the essence.
9) POSSESSION
Possession of real property shall be granted on closing unless otherwise stated in the Purchase Contract.
Possession of personal property shall transfer immediately upon the Auctioneer declaring the item sold.
10) AS-IS, WHERE-IS SALE
All property is sold �AS IS, WHERE IS, WITH ALL FAULTS,� without any representation, warranty, or guarantee whatsoever, whether express, implied, statutory, or otherwise.
Neither the Seller nor the Auctioneer makes any representation regarding title, condition, fitness for purpose, environmental condition, zoning, measurements, descriptions, acreage, year, make, model, merchantability, or suitability of any property.
All descriptions and advertising information are provided as a guide only and shall not create any warranty or representation.
Bidders are solely responsible for conducting all inspections, investigations, legal inquiries, and due diligence prior to bidding.
11) INSPECTION
All bidders are strongly encouraged to inspect the property prior to bidding and satisfy themselves as to condition, quantity, quality, fitness, and suitability.
No objection or claim may be made after the sale.
12) TITLE
Where applicable, the Seller shall provide a good and marketable title free and clear of all registrable financial encumbrances unless otherwise announced.
If a clear title cannot be conveyed, the sole liability of the Seller and Auctioneer shall be limited to the return of monies actually paid by the Purchaser.
Mines and minerals are excluded unless expressly stated otherwise.
13) PERSONAL PROPERTY
No personal property shall be included with any real estate purchase unless specifically described in the Purchase Contract.
14) SURFACE LEASES
Any surface lease payments relating to the property shall be adjusted and prorated as of the closing date unless otherwise stated.
15) NON-PERFORMANCE / DEFAULT
If the Purchaser fails to complete the purchase for any reason, including failure to pay, failure to close, or breach of these Terms:
(a) The deposit shall be immediately forfeited;
(b) The Purchaser shall lose all rights to the property;
(c) The Seller and Auctioneer reserve the right to resell the property without notice;
(d) The defaulting Purchaser shall remain liable for any deficiency, losses, damages, legal fees, commissions, storage costs, and related expenses.
Interest on unpaid amounts shall accrue at the rate of 18% per annum, calculated daily.
16) REMOVAL, STORAGE, AND ABANDONMENT
All purchased items must be removed by the deadlines announced by the Auctioneer.
Any item not removed by the stated deadline may:
(a) be subject to storage fees of $25.00 per day;
(b) be deemed abandoned upon ten (10) calendar days� notice to the Purchaser.
Abandoned property may be resold without compensation or refund.
17) RISK
All property shall be at the Purchaser�s sole risk immediately upon being declared sold.
The Auctioneer is not responsible for theft, damage, loss, vandalism, weather damage, loading assistance, transportation, or insurance.
18) TECHNOLOGICAL FAILURES
Rhythm Auctions Ltd., All Peace Realty Ltd., and any online bidding platform provider shall not be liable for any interruptions, errors, delays, connectivity failures, software malfunctions, missed bids, or technological issues related to online bidding.
The Auctioneer reserves the right to reopen bidding, pause, extend, or cancel any auction in the event of technological failure.
19) DISPUTES AND BID ACCEPTANCE
The Auctioneer reserves the right to accept, reject, cancel, reopen, or withdraw any bid or lot.
In the event of a bidding dispute, the Auctioneer�s decision shall be final and binding.
20) NO ASSIGNMENT
Purchasers shall not assign or transfer their rights or obligations without the prior written consent of the Auctioneer and Seller.
21) FOREIGN OWNERSHIP RESTRICTIONS
Purchasers are solely responsible for determining whether they are legally entitled to purchase property under any federal, provincial, or municipal laws relating to foreign ownership or land ownership restrictions.
22) SAFETY AND LIABILITY
Auction sites may contain dangerous conditions, including moving equipment, electrical hazards, uneven terrain, hazardous materials, pressurized systems, or other risks.
All persons attending the auction site do so entirely at their own risk.
The Auctioneer, Brokerage, Seller, and their employees, agents, contractors, and representatives shall not be liable for any injury, death, loss, or damage of any kind arising before, during, or after the auction.
Parents and guardians are fully responsible for supervising children at all times.
23) ELECTRONIC COMMUNICATIONS
Electronic signatures, scanned signatures, emailed documents, and electronically transmitted agreements shall be deemed legally binding and enforceable as original documents.
24) GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the Province in which the auctioned property is located and the federal laws of Canada applicable therein.
25) ENTIRE AGREEMENT
These Terms, together with any announcements made by the Auctioneer, registration forms, purchase agreements, and auction advertisements, constitute the entire agreement between the parties.
Any announcements made by the Auctioneer on sale day shall take precedence over previously printed or advertised material.
26) ACCEPTANCE OF TERMS
By registering, bidding, attending, or participating in the auction, each bidder acknowledges that they have read, understood, and agreed to be legally bound by these Terms and Conditions.