Seller

Unless otherwise indicated in the text, the following terms are interpreted as follows:

“Buyer”: designates a person or trader who buys, makes an offer with the intention of buying or bidding on a Vehicle through the Auction.

“Auction”: designates the LÉVIS INTERNATIONAL AUTO SHOW.

“Label” designates a label affixed to a vehicle.

“Seller” designates a person or merchant who offers a vehicle for sale through the Auction services.

Anyone with access to the sales area or the site agrees to follow and comply with the safety guidelines and measures adopted and communicated by the Auction and accepts the risks inherent in the condition of the site and activities that take place there.

Any offer of sale made through the Auction is deemed legal and irrevocable.

The Seller must pay a fee of one hundred dollars ($100) plus taxes to the Auction in order to auction a Vehicle (if registration is completed before August 1st). Such fees increase to two hundred dollars ($200) plus taxes if registration is completed after August 1st, payable to the Auction in order to auction a Vehicle. Auction fees are non-refundable.

For any sale of a Vehicle made through the Auction with a Reserve price, there is a commission fee of 7% of the sale price. For any vehicle sold through the Auction without a Reserve Price, the fee is 5% of the sale price. Commission Fee is payable by the seller at the Auction by certified chek, bank drafts or cash. A minimum sales charge of $ 250 is applicable.

Each Seller is required to: (i) disclose all relevant facts regarding the history and condition of the Vehicle offered for sale; (ii) guarantee to be the person authorized to sell the Vehicle and that the Vehicle is free from any obligations, charges or loans of any nature whatsoever; (iii) assume all risks related to the Vehicle until it is sold; and (iv) honor the guarantees provided for by the Law, if applicable.

Everyone participating in the Auction will be deemed to have made an offer if they indicate, by spoken word, a sign of the hand or any other means, their intention to make an offer equal to or greater than the price advertised by the auctioneer. A bid cannot be withdrawn after having been accepted by the auctioneer and the Buyer who submits the highest bid to the auctioneer is required to complete the sale. By participating in the Auction you accept the risks inherent in such a sale and acknowledge being satisfied with the information provided about the Vehicle concerned, information that appears on the Label. The auctioneer reserves the right to withdraw or omit the sale of any property intended for sale or to delay or cancel a sale without notice. In addition, the auctioneer reserves the right to reject an offer if the auctioneer is in the opinion that it has not been placed in good faith.

Payment of any amount due hereunder must be made within twenty-four (24) hours of the sale by certified cheque, bank draft or cash. Where applicable, all provincial, federal and other taxes are payable by the Buyer.

The Buyer declares to have had the opportunity before the sale to: (i) inspect the vehicle in person or have it inspected by a professional of their choice located near the site; (ii) to carry out a test drive and; (iii) agrees that such inspection and test drive, if any, took place prior to the sale.

The ownership rights of a purchased Vehicle will only be transferred to the Buyer when full payment has been received for the Vehicle. Notwithstanding the foregoing, the Buyer assumes full responsibility for any loss relating to the Vehicle upon acceptance of the offer by the auctioneer.

The Buyer must take possession of the Vehicle within twenty-four (24) hours of the Auction sale.

If the sale price of the Vehicle and sales taxes are not paid by the Buyer within the required time, the Auction sale fees paid hereunder will be retained by the Auction as damages and/or penalties, the sale will be terminated automatically and the Vehicle will be returned to the Seller without notice or delay.

- The Auction makes no representations and offers no express or implied warranties relative to the accuracy or completeness of the statements or information (description, equipment, warranty, title, meter reading, etc.) conveyed with regards to the Vehicles for sale through the Auction. In addition, the Auction cannot be held responsible for any visible or hidden defects relating to the said Vehicles or any loss, damage, claim or lawsuit of any kind whatsoever arising from the possession, transportation, use, storage or driving of Vehicles by the Auction or its agents.

The Seller and the Buyer agree to indemnify, defend and free the Auction of all liabilities and all damages, losses, expenses, demands, claims, lawsuits or judgments, including reasonable legal fees and expenses, which are in any way related to a breach of these Terms and Conditions by the Seller, the Buyer or any of their representatives.

The Buyer hereby grants to the Auction a chattel mortgage on any vehicle purchased through the Auction in order to secure the payment of all costs, debts, liabilities and obligations incumbent upon it with regards to the Auction. In the event of a default on the part of the Buyer, the Auction will be entitled to exercise its rights and remedies as a secured creditor, regardless of whether such rights and remedies are granted by statute, common law, equity or otherwise.

Any sale of a Vehicle made through the Auction is made without legal warranty and without the possibility of arbitration.

The seller and the buyer agree that the Auction activities may be televised (live or deferred) and broadcast to a national or international audience. By participating in the event, the seller, the buyer and their guests assign to the INTERNATIONAL LEVIS AUTO SHOW the rights to use the image, in all media, for an unlimited period.