Terms and conditions

CMAT Live Auction Terms and Conditions 

The following terms and conditions set out the terms and conditions on which CAE Military Aviation Training Inc. (CMAT) (the “Auctioneer”) is offering for auction to its employees certain vehicles, equipment, tools, and other miscellaneous items (the “Bid Items”) through an online live auction (the “CMAT Live Auction”). 

Please read these terms and conditions carefully before placing any bid on any Bid Item. By registering to bid and/or bidding in the CMAT Live Auction, you (“you” or “Bidder”) are agreeing to these terms and conditions, and they will become a legally binding agreement between you and the Auctioneer. 

  1. Auction Participation 
    1. Eligibility: You agree that you have the legal capacity to enter a binding contract with CMAT and to make purchases through the CMAT Live Auction. Each Bidder must be a current employee of CMAT and at least 18 years of age.  
    2. Registration:  You must complete the registration process for the CMAT Live Auction accurately and provide all requested information.  Upon registration for the CMAT Live Auction, the registered name and address that you have entered will appear on the invoice for any purchase you make. The email address or username, and password will allow you to log into the CMAT Live Auction for the bid activity. 
    3. The Auctioneer will approve the registration form that has been accurately completed and submitted be each Bidder.  The Auctioneer reserves the right to approve a registration, refuse a registration and/or revoke a registration at any time. 
  2. Auction Process 
    1. Auction Information:  The Auctioneer will provide information about each Bid Item through the CMAT Live Auction, including a general description, the condition, and any known defects for each Bid Item.  Any catalogue description of an applicable Bid Item is merely a guide and may contain errors or incorrect information. The Auctioneer makes no representation whatsoever with respect to any degree of accuracy as it pertains to the year of manufacture, odometer and/or hour meter or any other pertinent information that may be indicated on any Bid Items. No sale shall be invalidated by reason of any defect or inaccuracy in any of the Bid Items.  The Auctioneer maintains the right to add or delete any Bid Items during the CMAT Live Auction activity.
    2. Closing of Bid and Bid Extensions:  When the auction of the Bid Items you are bidding on closes, you agree to have entered into a binding contract with the Auctioneer through the CMAT Live Auction to purchase the specific Bid Item(s). Bidding will close at a specific designated time for each Bid Item available through the CMAT Live Auction.  You must ensure to check the closing times on the Bid Items. If there are no Bidders for a Bid Item at the applicable closing time, the Auctioneer may elect to extend the duration of bid activity for such Bid Item. If a Bidder enters a bid within the last minute of the auction window for such Bid Item, the auction ending time for that Bid Item will automatically be extended by one additional minute. The bidding process shall continue until no more bids are made within the last minute of auction time for a particular Bid Item. This is referred to as a "soft close" or bid extension. 
    3. Inspection and Disclaimer:  Bidders are encouraged to inspect the Bid Items before placing a bid. To the fullest extent permissible by law, all Bid Items are sold “as is” without warranty or guarantee of any kind, including without limitation implied warranties for merchantability, fitness for a particular purpose, title and non-infringement.
    4. Winning Bid: The highest bidder (the “Buyer”) at the close of the auction will be deemed the winner, subject to any conditions set by the Auctioneer.
    5. Invoice, Payment & Taxes:  All sales are final (with no possibility of refund or exchange), and all purchased Bid Items must be paid in full to the Auctioneer within five (5) working days from bid award. All sales are in Canadian currency. Any applicable taxes, including sales tax, among others, will be the responsibility of the Buyer and will be added to the final bid price.
    6. Retrieval Process: All Bid Items purchased must be removed by the Buyer from CMAT’s premises (the “Premises”) as soon practical after payment is made. The Buyer shall obtain an appropriate release in the form of an official receipt from CMAT.   Any purchased Bid Items not removed from the Premises within ten (10) working days of the bid award date will be deemed abandoned and considered forfeited to the Auctioneer to dispose of as necessary. Where Auctioneer determines that it is required, the Auctioneer will assist Buyer with loading certain Bid Item pieces requiring a forklift or heavy machine loading. The Buyer must load all other purchased Bid Items. If the Buyer does not bring adequate assistance for loading of the purchased Bid Items, Buyer will have one additional opportunity to pick up the Bid Item at a time agreed to with Auctioneer.
    7. Errors:  The Auctioneer reserves the right to rectify any errors, omissions, or inaccuracies that may occur during the auction process.
    8. Transfer of Title: Ownership will be transferred to the registered Buyer's name once the purchased Bid Item is paid in full.  Proof of transfer of ownership in the form of a Bill of Sale or any other applicable document will be made available at the Auctioneer’s office.
  3. Risk of Loss
    1. The Auctioneer is relieved of and Buyer shall bear all risks of loss or damage to the Bid Items during period of loading and transportation, removal by the Buyer, or while in the possession of the Buyer or its representatives.
  4. Vehicle Condition and Transfer of Ownership Notwithstanding the generality of Section 2(d):
    1. All Vehicles are sold "As-Is". An "As Is" vehicle, by definition, may not be in a roadworthy condition, mechanically sound or maintained at any guaranteed level of quality. The vehicle may not be fit for use as a means of transportation and may require repairs at the Buyer's expense. All Bidders must inspect the vehicles and equipment to their own satisfaction before bidding. All vehicles are sold without warranty or guarantee and with all defects as presented to the Buyer.
    2. All used vehicles may require work for safety certificates and or mechanical fitness. The Auctioneer does not have a mechanic who performs these inspections.
    3. Temporary permits to allow a vehicle to be driven for up to 10 days must be obtained by the Buyer through the Saskatchewan Government Insurance (SGI). A vehicle in Unfit status awarded to the Buyer must be towed from the Premises by Buyer.  The Auctioneer will not allow an Unfit vehicle to be driven off its premises.  A trailer with appropriate license plates to tow Unfit vehicles/equipment from Premises will be required, at Buyer’s expense. “Unfit” in this context is defined as a vehicle with its frame and body that is not in a roadworthy condition, not mechanically and structurally safe and sound to drive and not maintained at any guaranteed level of quality and with no SGI registration.
  5. Limitation of Liability
    1. To the fullest extent permitted by applicable law, in no event will (i) the Auctioneer or the Auctioneer’s affiliates be liable for any direct, indirect, incidental, special, exemplary or consequential damages arising from participation in the CMAT Live Auction or otherwise related to these terms, regardless of the form of action, whether based in contract, tort or any other legal or equitable theory and (ii) the aggregate liability of Auctioneer and Auctioneer’s affiliates (jointly), whether in contract, warranty, tort or otherwise, arising out of or relating to these terms exceed the amount you have paid to the Auctioneer for the Bid Items. The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional or willful misconduct of the Auctioneer.
  6. Termination or Suspension:
    1. Termination: The Auctioneer reserves the right to terminate or suspend the CMAT Live Auction at any time without prior notice.
    2. Bidder’s Suspension:  The Auctioneer may suspend or terminate a Bidder’s access to the CMAT Live Auction for any reason, including violation of these Terms and Conditions.
  7. No Assignment:
    1. You may not assign or transfer any of your rights and responsibilities under these terms and conditions to any other person unless you have the Auctioneer’s prior written consent to do so.  
  1. Waiver:
    1. No failure or delay to exercise any right or remedy provided under these terms and conditions shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
  2. Law and Disputes:
    1. These terms and conditions and any claims arising in connection with the CMAT Live Auction or any other rights you may have relating to the purchase of the Bid Items shall be governed by the laws of the Province of Saskatchewan and the laws of Canada applicable therein, without regard to conflicts of law. The parties exclude the application of the United Nations Convention on Contracts for the International Sale of Goods.
    2. The parties will make all reasonable efforts to resolve any dispute arising out of or relating to these terms and conditions (a “Dispute") through discussion, consultation and good faith negotiations to the mutual satisfaction of both parties. If the parties fail to reach an agreement, either party may submit the Dispute to mediation. The mediator will be jointly selected by the parties. If the parties cannot agree on the choice of mediator within 10 working days from the date of the notice of mediation by either party, then a mediator will be chosen by the ADR Institute of Canada, upon application of the parties. The mediation will be held in the city of Moose Jaw, Saskatchewan.
    3. If the parties fail to reach an agreement after the completion of mediation, either party may refer the Dispute to arbitration under the Arbitration Act, 1992 (Saskatchewan). The arbitration will be held in the city of Moose Jaw, Saskatchewan. The arbitration award shall be final and binding on the parties.
    4. The parties will each be responsible for all their own costs associated with mediation and/or arbitration. The fees of any mediator or arbitrator will be shared equally by the parties. All information shared during mediation or arbitration hereunder must be treated as confidential, unless otherwise required by law.
    5. If a court finds that any part of these terms and conditions is not valid, or is illegal or impossible to enforce, that part of these terms and conditions will be treated as being deleted, and the rest of these terms and conditions will not be affected.  

These Terms and Conditions are subject to change by the Auctioneer without prior notice. It is your responsibility to review the most recent version of the Terms and Conditions before participating in the CMAT Live Auction.