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Bidder Terms and Conditions of Sale

IMPORTANT: Please read these Terms carefully. By clicking "I Agree", registering, or placing a bid, you agree to be legally bound by them. A winning bid creates a binding contract to purchase. All Lots are sold AS IS, WHERE IS (see Section 6). All amounts are in U.S. dollars.

1. Agreement to These Terms
   1. By clicking "I Agree", registering or placing a bid, you agree to these Terms. If you bid for a company, you confirm you are authorized to bind it, and you and the company are both responsible under these Terms.
   2. In these Terms, "Auctioneer" means Tempest Aviation Group Inc "Seller" means the owner of a Lot; "Bidder" means anyone registered to bid; "Buyer" means the winning Bidder; and "Lot" means any turbine engine part or other aviation item offered for sale.
2. Auction Rules
   1. Reserves. Each Lot listing will say whether it has a reserve price. If the reserve is not met, the Seller does not have to sell. The Auctioneer may bid for the Seller up to, but not at or above, the reserve. No one bids for the Seller on Lots without a reserve.
   2. Extended Bidding. A bid placed in the last two minutes before a Lot closes extends the closing time by two minutes, until no more bids are received.
   3. Auctioneer's Rights. The Auctioneer may refuse any registration or bid, withdraw or correct a Lot before it closes, reopen or cancel bidding if a technical problem or error affects the auction, and settle disputes between Bidders. The Auctioneer's bid records are final, unless clearly wrong.
3. Bids and Binding Contract
   1. You will be asked to confirm each bid before it is submitted. Each confirmed bid is an offer to buy the Lot at that price on these Terms.
   2. When the Lot closes, the highest valid bid that meets any reserve wins, and a binding contract of sale between the Seller and the Buyer is formed at that moment. After closing, the Buyer cannot withdraw, cancel or change its bid.
4. Payment
   1. Currency. All prices, bids and payments are in United States dollars (USD).
   2. Deadline. The Buyer must pay the full winning bid, plus applicable taxes, within five business days after the auction closes.
   3. Method. Payment may be made by wire transfer, using the banking information supplied by the Seller, or by credit card. A 3% processing fee will be added to all credit card payments.
   4. Wire Fraud. Before sending a wire, the Buyer must confirm the banking information by telephone with the Seller, using a known phone number and not one taken from an email. Neither the Auctioneer nor the Seller is responsible for funds sent to the wrong account.
5. Taxes
   1. Prices do not include taxes. The Buyer must pay any Goods and Services Tax or Harmonized Sales Tax (GST/HST) that applies, unless it provides proof, acceptable to the Auctioneer, that the Lot will be exported from Canada.
   2. British Columbia Provincial Sales Tax (PST). PST is not charged on the turbine parts sold in this auction. If any tax authority later decides that PST or any other tax applies, or denies an export exemption, the Buyer must pay that tax, with any interest and penalties.
6. Condition of Lots: As Is, Where Is
   1. All Lots are sold AS IS, WHERE IS, WITH ALL FAULTS. Descriptions and photos are for identification only and are not warranties.
   2. The Auctioneer and Seller give no warranty or condition of any kind, including about airworthiness, serviceability, time or cycles, records, or fitness for any purpose. To the extent permitted by law, all warranties and conditions implied by the Sale of Goods Act (British Columbia) are excluded.
   3. Parts come only with the paperwork (such as a Form One, FAA 8130-3 or EASA Form 1, or traceability records) listed in the Lot listing. The Buyer alone is responsible for deciding whether a part can be installed on an aircraft.
   4. Bidders may inspect Lots by appointment during the preview period. By bidding, you confirm you have relied only on your own inspection and judgment.
   5. Nothing in these Terms removes any consumer right that cannot be waived under British Columbia law.
7. Title, Risk and Pickup
   1. The Seller confirms it has the right to sell each Lot free of liens. Ownership passes to the Buyer only once full payment is received.
   2. Risk of loss or damage passes to the Buyer when the Lot closes.
   3. The Buyer must arrange and pay for pickup or shipping within ten (10) business days after paying. Lots not collected within thirty (30) days may be resold under Section 8.
8. If the Buyer Does Not Pay
   1. If the Buyer does not pay on time and still has not paid two business days after written notice, the Seller (or the Auctioneer for the Seller) may cancel the sale, offer the Lot to the next highest Bidder, or resell it publicly or privately.
   2. The Buyer must then pay the Seller and Auctioneer their actual losses from the default, including any shortfall between the winning bid and the resale price, and reasonable storage, resale, legal and collection costs.
9. Export Controls
   1. The Buyer must follow all export, import, customs and sanctions laws that apply to its purchase, including Canadian law and, for U.S.-origin parts, U.S. export laws. The Buyer confirms it is not a sanctioned person.
   2. The Auctioneer may refuse or cancel any sale that it reasonably believes would break these laws.
10. Limits of Liability
    1. The Auctioneer is not responsible for website, internet or software problems, including bids that are not received. To the extent permitted by law, the most the Auctioneer and Seller can be liable for on any Lot is the amount paid for it, and neither is liable for indirect losses such as lost profits or loss of use.
11. Privacy
    1. The Auctioneer collects Bidders' personal information only to run the auction, complete sales and meet legal requirements, in line with the Personal Information Protection Act (British Columbia).
12. Governing Law
    1. These Terms and every sale are governed by the laws of British Columbia and the federal laws of Canada that apply there. The UN Convention on Contracts for the International Sale of Goods does not apply. Any dispute will be decided only by the courts of British Columbia.
13. General
    1. If any part of these Terms is found unenforceable, the rest still applies. These Terms and the Lot listing are the entire agreement; if they conflict, the Lot listing governs for that Lot. Not enforcing a term is not a waiver of it.