Sale Policy

Remarket.ca

SALES POLICY

Effective Date: January 1, 2021

1. Policy Statement

 This Policy states the practices and policies of remarket.ca and its owner Canadian Remarketing Group {CRG} with respect to all purchases, sales and transactions of any kind made via www.remarket.ca and all related, accessory or successor websites, domains and sub-domains ("the Website"). For Affiliate Sellers, this Policy forms part of the Affiliate Seller Agreement. For Buyers, including Affiliate Sellers or dealers, other sellers, or other parties acting as Buyers, this Policy forms part of the Buyer Agreement. For all others, this Policy forms part of the Website Terms of Use. The effective date of this Policy is the date on which if comes into effect, and posting of this Policy on the Website constitutes Notification pursuant to the Affiliate Seller Agreement and the Buyer Agreement. CRG only does business with approved Sellers (dealers and others wishing to sell vehicles via the Website) and approved Buyers (dealers and others buying vehicles via the Website). CRG Services and the ability to sell and buy vehicles are only available upon acceptance of a Seller or Buyer by CRG, in its sole discretion, and subject always to CRG's requirements and policies at the time. Other Policies may apply. CRG may in its sole discretion change its policies from time to time.

2. Contractual Relationship

 All Sellers and Buyers must enter into a contractual relation CRG in order to sell or buy vehicles via the Website.

3. Required Information

 Sellers and Buyers must provide CRG with all documentation requested by CRG, including without limitation proper and appropriate sales license, business license, business number and other tax information.

4. Buyer Beware

 CRG recommends all Buyers carefully review vehicle information, documentation and conditions prior to bidding. All used vehicles are subject to requirements for repair and Buyers are to take this into consideration when placing a bid. While CRG makes reasonable efforts to disclose any defects reported or of which it becomes aware, including any repaired damage or failure of equipment, CRG has limited information and accepts no obligation to make investigations or inquiries of any kind.

5. Release

 Buyers and Sellers both acknowledge that the Website and the Content consist in large part of information provided to CRG by third parties, including Sellers.

6. Bidding

 Upon approval of the Seller, vehicles will be sold to the highest bidder. Bidding will close promptly at the time stated on the Website. Unless otherwise expressly stated, all times stated are Local Time. Late bids will only be accepted on the following basis, provided that the decisions of CRG in all cases of any dispute will be final: a) In the event a bid is declined and the successful high bidder has exercised any right of first refusal they may have; b) In the event of a tie, in which case both bidders will be provided the opportunity to resubmit a confidential bid to CRG. Where available, CRG will set a reserve bid on each vehicle received from a Seller. If no bid reaches the reserve amount, the highest bidder at the close of bidding shall have a right of first refusal to purchase the vehicle for the amount of the reserve bid but otherwise CRG shall be entitled to continue to receive bids for the vehicle and will require Seller approval prior to selling the vehicle for any price lower than the reserve bid. CRG is not bound in any case to sell any vehicle where bidding has not reached the amount of the reserve bid. Nor is CRG bound in any case to sell any vehicle to the highest bidder. Bidding will generally be carried out via the Website by submitting bids directly onto the Website. Faxed bids are available only on the basis of necessity and are in all cases provided as a courtesy and may be withdrawn by CRG at any time. All faxed bids will be entered as a "Proxy" bid pursuant to the Proxy Bid Rules on behalf of the registered bidder. Faxed bids will not be accepted within 15 minutes of the posted closing time of the sale – NO EXCEPTIONS. Please note Proxy Bids cannot be reduced once placed.  CRG will notify all successful bidders as soon as may be commercially reasonable, generally within 24 hours of the close of bidding. Time limits with respect to arbitration below are strict so all vehicles must be picked up and should be inspected within 24 hours.

7. Payment and Pickup

  All sales are final. Buyers agree to fully examine and inspect all purchased vehicles within 24 hours from the time of purchase. Buyers must pay for and remove all vehicles purchased within 48 hours of notification of a successful bid. Unless otherwise agreed by CRG, all payments must be by CERTIFIED FUNDS, EFT or BANK WIRE and made payable to CANADIAN REMARKETING GROUP INC. No vehicles will be released without payment in full.  Where vehicles are in the possession of CRG, the following will apply. All vehicles not removed within such time frame are subject to a daily storage fee of a minimum of $15.00. CRG reserves the right to sell the vehicle to another Buyer if payment in full is not received within such time frame. All vehicles must be picked up during CRG regular office hours of Monday – Friday, 9:00 a.m. to 5:00 p.m. with no exceptions. Extended storage on a month to month basis, payable in advance, may be, subject to availability, available at the discretion of CRG, rates may vary. Buyers that default on payment or pay late may have their bidding privileges revoked. All vehicles sold to licensed and registered dealers are subject to a Buyer’s Fee or premium. The premium follows this schedule but does not apply to Commercial vehicles or Specialty Sales;

The following Fee schedule applies to Commercial vehicles or Specialty Sales only including Superior Propane and Parkland:

Buyers who are not registered and licensed dealers may be subject to additional fees at CRG's discretion. Fees are subject to change without notice and all prices, charges and fees exclude applicable taxes.  Commercial Vehicle and Specialty Sales fees vary depending on the sale and can be subject to a flat or sliding scale.

8. Arbitration

CRG may, in its discretion, act as arbiter of selected disputes between Seller and Buyer. Where Buyer submits a vehicle for arbitration, provided Seller is bound contractually with CRG to arbitrate, or Seller agrees in writing to do so, CRG may elect to arbitrate such dispute, provided such dispute comes within this Policy. In the event such arbitration proceeds, both Seller and Buyer irrevocably agree to abide by the decision of CRG, whose decision shall be final. Neither Buyer or Seller will have any claim whatsoever against CRG arising out of or related to such arbitration and both Buyer and Seller each will indemnify and forever save harmless CRG from and against any claim for loss, damages or cost whatsoever against CRG by the other of Buyer or Seller arising out of or related to any such arbitration. Please refer to the Arbitration Policy for more information.

9. Disclaimers and Limitations

 All Vehicles offered for Sale are "as is, where is" and "as available" unless otherwise indicated. Seller and Buyer assume all risk of any kind. All disclaimers and limitations in applicable agreements, including the Terms of Use for the Website apply unless expressly stated otherwise in this Policy. CRG MAKES NO GUARANTEES, WARRANTIES, CONDITIONS OR REPRESENTATIONS OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, OR ARISING FROM STATUTE OR CUSTOM OF TRADE, OR OTHERWISE, WITH RESPECT TO THE WEBSITE OR ITS CONTENTS, OR ACCURACY, COMPLETENESS OR TIMELINESS THEREOF, OR ACCURATE, OR COMPLETE OR TIMELY TRANSMISSION OR RECEIPT OF INFORMATION OR DATA OR AT ALL, OR TO ANY VEHICLE BOUGHT, SOLD OR LISTED FOR SALE, OR TO THE CONTENTS OR VALIDITY OF ANY WARRANTIES, WARRANTY BOOKS, VEHICLE HISTORY, OR ANY AND ALL OTHER DOCUMENTATION, INCLUDING, BUT NOT LIMITED TO ANY CONDITIONS OR WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, COMPLIANCE WITH ANY DESCRIPTION, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. CRG HEREBY EXPRESSLY DISCLAIMS ANY AND ALL SUCH CONDITIONS AND/OR WARRANTIES. CRG MAKES REASONABLE EFFORTS BY CONTRACTUAL MEASURES TO REQUIRE THAT VEHICLE DESCRIPTIONS, VEHICLE HISTORY, AND OTHER INFORMATION SUPPLIED ARE ACCURATE BUT ALL INFORMATION PROVIDED ORIGINATES WITH THIRD PARTIES NOT IN THE REASONABLE CONTROL OF CRG, AND, IN THE CASE OF FAXED BIDS, IS SUBJECT TO TRANSCRIPTION AND OTHER ERRORS, AND CRG ACCEPTS NO LIABILITY WHATSOEVER FOR ANY SUCH INFORMATION, OR ANY ERRORS OR OMISSIONS THEREIN. IN NO EVENT SHALL CRG BE LIABLE TO ANYONE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, FAILURE TO REALIZE EXPECTED REVENUES OR SAVINGS, LOSS OF USE, OR ECONOMIC LOSS, EVEN IF CRG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR EVEN IF SUCH DAMAGES ARE FORESEEABLE. SUBJECT TO CRG'S MAXIMUM LIABILITY BEING GREATER UNDER ANY APPLICABLE AGREEMENT WITH A SPECIFIC PARTY, IN NO EVENT SHALL ANY LIABILITY OF CRG TO ANYONE FOR ANY LOSS OR CLAIM WHATSOEVER, WHETHER ARISING UNDER THIS POLICY, OR ANY OTHER AGREEMENT, OR OTHERWISE, EXCEED A SUM EQUAL TO FIVE HUNDRED DOLLARS ($500.00) IN CANADIAN CURRENCY.

10. Title

 Unless expressly agreed in writing otherwise by CRG, all right, title and interest in and to all vehicles shall in all cases remain with CRG until payment in full of the purchase price and all applicable taxes and other charges have been received by CRG.

11. Transportation Costs

 Sellers are responsible for all transportation costs prior to sale and Buyers are responsible for all transportation costs, and any storage costs as provided in this Policy, after sale. Upon request, CRG has the right, but not the obligation, to make transport arrangements at the expense of the Buyer. Additional charges may apply.

12. Colour Classification

 When classifying the interior and exterior colours of any vehicle, CRG uses the classification that most closely approximates the vehicle's primary colour but actual colours may differ. CRG accepts no responsibility for errors or omissions therein and all limitations and disclaimers in this Policy shall apply.

13. Acceptable Use

 All Buyers, Sellers or other parties using the Website warrant and represent, and agree to the following:

• All information and Content of any kind posted, provided or uploaded will:
  • be true, accurate, complete and not false, misleading or fraudulent, or involve the sale of stolen or counterfeit items,
  • not infringe or misappropriate in any way the intellectual property rights, including copyrights, trade-marks, confidential information and proprietary information of third parties;
  • not be unlawful or violate or contravene any statute, legislation, regulation, ruling or rule of common law or equity, including without limitation consumer protection legislation and laws regulating competition; 
  • not constitute the collection, use or disclosure of personal information contrary to applicable legislation or infringe the rights or privacy or personality of any individual; 
  • not incite or encourage conduct that would be illegal, criminal or tortuous; o not be false, defamatory, libelous or slanderous; 
  • not wrongfully disclose the confidential information or proprietary information of any one; 
  • not be obscene, pornographic or of an adult nature, or contain material harmful or offensive to minors or minority groups, or constitute hate literature or discrimination on the basis of any ground prohibited by law; 
  • not consist of or contain any virus, worm, Trojan horse, zombie, spambot or other spamming device, or malware or other malicious software or code, or computer programs or routines that interfere with the operation of the Website, or surreptitiously collect information of any kind, including but not limited to personal information; 
  • not interfere with the operation of the Website or the business of CRG, or place any unusual or inordinate load or demand on the systems underlying the Website or bandwidth related to the Website; and/or; 
  • not create any liability for CRG or cause CRG to break or fail to comply with any law.
• Buyers, Sellers and anyone else using or accessing the Website will not:
  • wrongfully disclose or divulge any password, user name or other account or login information; 
  • attempt to gain unauthorized access to or attempt to interfere with or compromise the normal functioning, integrity, operation or security of any network, system, computing facility, equipment, data or information within the Website or any other system. 
  • use the Website to gain or attempt to gain unauthorized access to the user accounts or passwords of other Internet users, including without limitation users of the Website. 
  • use the Website to generate or send spam or bulk unsolicited commercial email, or do any of the foregoing in any manner linked to the Website, or which would express or imply any endorsement or approval of CRG to the foregoing; 
  • impersonate another party or spoof any email address; 
  • permit any person not authorized by CRG to log on to the Website or access the Content; 
  • use the Website or any CRG system to broadcast attacks, carry out hacking or cracking, or flood or overload any system; 
  • deliberately or negligently transmit any virus, worm, Trojan horse, malicious computer code of any kind or corrupted data; or, 
  • use the Website to carry out any illegal scheme, including without limitation any pyramid scheme, or to engage in multi-level marketing, whether illegal or not.

14. Abuse

Any party found not in full compliance with this Policy and all other applicable agreements will be subject to termination of their privileges and other legal action deemed appropriate. Sellers found removing items from vehicles or tampering with vehicles will be banned from bidding and will be subject to prosecution.

15. Alberta Law

 Applies The laws of the province of Alberta and the laws of Canada applicable therein govern access to and the use of the Website and the construction, interpretation, validity and effect of this Policy. The foregoing shall apply notwithstanding any conflict of laws, provisions or your domicile, residence or physical location. You hereby consent and submit to the non-exclusive jurisdiction of the courts of the province of Alberta, without regard to their conflict of laws provisions, in any litigation arising out of this Policy, or the Website or the Content. You agree not to commence any litigation except in Calgary, Alberta, Canada.