AUCTION TERMS AND CONDITIONS

Please read these terms carefully before placing a bid or purchasing a lot using Buy-Now. By bidding or purchasing, you agree to these terms, which are legally binding. They also outline limitations of liability for both Stonelist and the seller.

Important Notes:

• Ensure you understand all charges including buyer’s premium, taxes and other applicable fees that may apply to your bid or purchase price before placing bid.
• Inspect and take and keep the picture of listings before bidding.

·        If you’re looking for a stone slab for a current project, it is highly recommended to make an offer online or over the phone to complete your purchase. For less urgent needs, auctions are a preferred option.

Conditions of Sale

Binding Agreement: By bidding, sending offer or purchasing using Buy-Now, you agree to these terms.

Stonelist as Agent: The seller can be Stonelist or a third party. Stonelist may act as the seller’s agent, facilitating the sale or providing some services or warranty to you.

Stonelist as Platform: Stonelist may act as a platform to connect seller to buyer. The contract is directly between buyer and the seller and Stonelist assumes no liability related to your deal.

Before the Sale

• Lot Descriptions:

Lots’ information including dimensions, color, finish, spec sheet, and description are provided by owner. We don’t conduct any professional tests and not responsible for third-party information about any lot.

While we request accurate information from sellers, it is the buyer’s responsibility to thoroughly inspect the lot before bidding or making an offer.

There is no standardized naming or classification of materials. Names, types, colors, and finishes can vary by supplier or location. We do not guarantee the accuracy of these details.

• Condition:

All lots are sold “AS IS” without any warranties or liability from Stonelist or the seller unless noted otherwise.

The condition of lots may change due to movement, environmental factors, or accidents. Buyers is required to record and keep the evident of condition at the time of inspection.

Online descriptions and photos cannot show the condition of a lot’s condition properly. Colors may appear differently on screen than in person.

• Market Value estimates

Market value estimates are based on information from suppliers, fabricators, or online sources and are subject to change. These estimates are not guarantees of the lot’s selling price or value. They do not include buyer’s premiums, taxes, or other charges.

• Registration

To bid, you must register and be approved at Stonelist.

Currently only fabricators and suppliers can bid on lots.

We may request more information or proof to approve your registration.

Stonelist reserves the right to reject any registration in case of insufficient info or other reasons.

During the Sale

Connectivity and Technical Issues:

• Internet or technical issues beyond our control (e.g., low bandwidth, firewalls) may affect access to the auction.
• Stonelist is not responsible for errors or failures with online or mobile bidding due to connection issues, software problems, or device malfunctions.
• Execution of online bids is a free service, and we are not liable for errors or issues with bid execution or image quality.

Stonelist’s Discretion in Bidding:

Stonelist reserves the right to:

• Reject or revoke any registration or bid.
• Withdraw, divide, or combine lots.
• Withdraw the lot before or during the auction if the lot sold by making an offer.
• Restart or extend bidding at any point during or after the sale.
• Re-offer any lot as a Buy-Now lot.
• Resolve any disputes regarding bids or sales, and its decision is final.

In case of misuse or suspicious or fraudulent activities, Stonelist reserves the right to disable or deactivate any account at any time before, during or after. the sale

Online Bidding Process:

Bids can only be submitted during the dates and times specified for the lot.

Sellers reserve the right to accept the offers during the auction even if there is a winning bid.

Offers can be made before, during or after the auction (if not sold).

Once you place and confirm a bid, it is final and cannot be amended or withdrawn. We are not responsible for bidding errors.

Bidding starts at a pre-defined starting price and increase by bidding increment defined by seller.

Buyers are required to check the increments provided on the auction page before placing bid.

 All bids are shown in Canadian Dollars.

Making Offer:

Buyers are allowed to purchase a lot at any time without bidding by making acceptable offer to seller. The same terms and conditions apply as in an auction sale.

Reserves

All lots have a reserve price more than or equal to the start price.

The system will never place bids on behalf of the seller at or above the reserve price.

Stonelist reserves the right to lower the reserve price on any lot during the auction if buyer asks.

Record of the Sale

The Stonelist record of sales is final and binding in all disputes. If there is any discrepancy between online records or messages and the record of sale, the record of sale will prevail.

Withdrawal of Lots

Stonelist can withdraw any lot at any time, either before or during an auction without liability.

Lot Closing

• Countdown clock is displayed for each lot. If a bid is placed within 3 minutes of the closing time, the clock extends by 3 minutes. This process will be repeated until there are no further bids.

• Extensions for one lot do not affect the closing times of other lots, so lots may close out of numerical order.

Successful Bids – Auctions

The highest bid wins when the lot closes unless Stonelist exercises discretion as stated above. A contract is formed between the seller and the highest bidder. Winning bidders will be notified by email and can check their dashboard for auction results. Stonelist is not responsible for informing unsuccessful bidders.

Charges to You – Buyer’s Premium, Taxes, and Shipping

Buyer’s Premium
A buyer’s premium of 10-20% of the hammer price is charged on all lots for Stonelist services and related costs. The buyer’s premium is subject to change due to the lot’s condition. It is the buyer’s responsibility to check and confirm the buyer’s premium before placing the bid.

Taxes

You are responsible for paying all applicable taxes, including GST.

 Shipping

Shipping is the responsibility of buyers unless sellers noted otherwise. Buyers may coordinate with Stonelist or seller to deliver the lot at an extra fee.

Warranties

Seller’s Warranties

The seller guarantees that:

·       They are the owner (or authorized by the owner) of the lot.

·       They have the legal right to transfer ownership to the buyer without any restrictions.

·       Their listing complies with the resale policy of its brand.

·       Their listings meet the minimum quality standards required for use in construction.

Your Warranties

 You confirm that:

·       You have enough resources to meet your obligations.

·       You inspect the lot and know the lot’s condition.

·       You are aware of charges including buyer’s premium and taxes.

·       You have proper labor, space and equipment to unload and receive the purchased lot.

·       If bidding on behalf of someone else, you have their authorization or confirmation

Liability for Incorrect Warranties

If the seller’s warranty is incorrect, they are only liable up to the amount you paid. The seller is not responsible for any loss of profits, business, or other damage beyond this amount.

Our Liability to You

We are only responsible to the buyer and not to anyone else.

We are not responsible for any issues relating to your purchase or bid, except in cases of fraud or as stated in these terms.

We do not provide any warranty, representation, or guarantee regarding the lot’s merchantability, fitness for a purpose, description, size, quality, or condition, unless required by local law.

If we are found liable, we will not pay more than the purchase price you paid, and we are not responsible for any loss of profits, business, or other damages.

Events Beyond Our Control

Neither we, you, nor the seller are responsible for failing to meet obligations due to circumstances beyond our control, such as strikes, natural disasters, or war.

Our Right to Cancel

We can cancel a sale if:

Your warranties in paragraph E3 are incorrect.

We believe the transaction is unlawful.

The sale might cause liability to others or damage our reputation.

Disclaimer of Additional Warranties and Limitation of Liability

• Apart from the warranties mentioned above, neither the seller nor Stonelist provide any other warranties, whether express or implied.
• Stonelist is not responsible for any breach of these conditions except in cases of fraud or as explicitly stated.
• Stonelist does not make any guarantees regarding the lot’s description, quality, condition, authenticity, or relevance.
• Stonelist has no responsibility to anyone other than the buyer in connection with the purchase.

Payment

Purchase Price and How to Pay

·       Payment must be made:

1.      For auctions or making offers, within 5 days after the auction closes (or as specified).

·       The purchase price includes:

1.      Hammer price and buyer’s premium (for auctions) or the Buy-Now price (for Buy-Now sales).

2.      Shipping, insurance, and related costs (if ordered).

3.      Any applicable taxes.

4.      Payments must be made in Canadian Dollars through E-transfer, bank draft, debit card, or wire transfer. A 3% fee applies to credit card payments.

Transferring Ownership to You

·       Ownership of the lot does not transfer to you until:

• 1. You have completed all bidder identification and registration processes.
  2. We have received full, undisputed payment.

·       Risk and responsibility for the lot transfer to you once:

• 3. The lot is in your possession or with your authorized carrier.
  4. You collect the lot.

Risk with Cancellation

If the contract is canceled for any reason, you are responsible for insuring the lot against loss or damage until it is returned.

What Happens If You Do Not Pay

• If you fail to pay by the due date, we have the right to:
  
  1. Charge 2% interest above the Canada prime rate.
  2. Cancel the sale and resell the lot, and you must cover any shortfall, costs, or losses from the resale.
  3. Pay the seller from the bid amount and give Stonelist the right to pursue you for the amount.
  4. Take legal action to recover the payment, including interest, legal fees, and costs.
  5. Deduct what you owe from any amounts Stonelist owes you.
  6. Share your identity and contact details with the seller.
  7. Reject your future bids or require a deposit before accepting future bids.
  8. Take any other legal action we see necessary.
• If you owe money, any payments or deposits will be used to cover the debt.
• Late payments, if accepted, may incur additional storage costs.

Storage

• If the lot is fully paid for by the deadline, Stonelist or the supplier will store it free of charge for 5 days or longer(if agreed upon with seller) until pickup or shipment.
• If the lot is not picked up within 5 days after the sale, Seller or Stonelist can either ship it at your expense or charge for storage.
• You may request an extension for pickup, but the supplier is not obligated to approve it.
• If you fail to collect the lot within the agreed period, we may store it at another warehouse at your expense.

Transport and Shipping

Arranging Shipping

• If Stonelist arranges the shipping, we will ship the lot to the address you provided within 3 days of receiving full payment. The buyer must prepare the necessary equipment, labor, and space for unloading.
• If the courier cannot unload the lot due to buyer-related reasons, you will be responsible for any additional fees.

Loss or Damage During Shipment

• You are responsible for inspecting and signing the receipt upon delivery. If there is any damage or discrepancy, take pictures and report the issue to both the supplier and Stonelist immediately.
• Any claims made after accepting delivery will not be valid.

Other Important Terms

Copyright

We own the copyright for all images, illustrations, and materials related to the lot. You cannot use them without our permission.

Enforcement of Conditions

If any part of these terms is found to be invalid or unenforceable, the remaining terms will still apply.

Transfer of Rights and Responsibilities

You cannot transfer your rights or responsibilities under these terms without our written permission. These terms apply to your successors and estate.

Privacy and Data Protection

We handle your personal information according to our privacy policy.

To arrange international shipping, we provide your personal details (name, address, product info) to our shipping partners, who will only use it for shipping and customs purposes. This information may also be provided to authorities for security and tax purposes.

Payment details are processed by a third-party provider on secure servers. We do not store or access your payment information.

Waiver

Failure to enforce any right or remedy under these terms does not mean we waive those rights in the future.

Law and Dispute Resolution

These terms are governed by British Columbia law. Disputes must first go to mediation, and if unresolved, they will be settled by binding arbitration in Vancouver . Arbitration will be confidential, and the result will be final.

We may choose to pursue legal action in court if you fail to pay or if your assets are in a non-arbitration jurisdiction. Both parties waive the right to a jury trial.