Transition Squad^® Terms and Conditions

1. Throughout this section, the term "we", "us" or "our" refers to Transition Squad^® USA Inc. and Transition Squad^® Inc. (Canada) as applicable. The term "you" and "your" refers to the user who is accessing our website and contemplating bidding on one or more lots hosted on our website and offered for sale through our online auction platform.

2. For users of our Flash Auctions through our Virtual Consignment Store & Auction House, you understand that this is a self-managed service and agree that your usage will be at your own risk, that the listings are not proactively monitored by an administrator, and you will conform to the reputable use of this service. You agree that your listings may be flagged by our user community as inapproriate, may be taken down at any time and that multiple such incidences will result in cancellation of your account. As a seller, you agree that the email address you enter on your profile may become available to logged in users claiming to be interested in your items and they may contact you directly for information and that it is your responsibility to respond to any such inquiries directly. You also agree that winning bidders will be provided with your contact information and limited personal details such as your name and address. You agree that all of our dealers and users will be subject to public online reviews and that your online reputation is dependent on your actions and behaviours.

3. To bid on our online auctions, you must register on our website and agree to the latest Terms and Conditions.

4. These Terms and Conditions are subject to change without notice. By registering with us, you agree to be bound by the most current set of Terms and Conditions as published under the "Buyers" and "Sellers" menus.

5. By registering, you provide explicit permission to receive email notifications from us advising of upcoming auctions, which may also include other marketing communications. You can opt out of notifications of upcoming auctions by clicking on the Unsubscribe button at the bottom of such emails. This will not prevent you from bidding in future auctions. However, you cannot unsubscribe from auction specific email notifications advising that you have been outbid or have won lots you bid on as well as any instruction emails we send to you related to pickup of such lots. You also cannot unsubscribe from buyer inquiry emails.

6. You agree to provide accurate and complete contact information when registering and keep it updated in the event you move or change such contact information so that we may reach you in cases of bid problems, scheduling changes, shipping notifications and other related information.

7. To place a bid in any of our online auctions, you must have your valid credit card information (VISA or MC Credit Cards, or VISA or MC Debit Cards only) on file with us, which will be securely stored with our payment processor, Paypal. To do this, we will verify your credit card with a $1 authorization to make sure it is valid and then immediately voided so that your bank/credit card company will release those funds.
   • To protect your security, we do not store your credit card information ourselves. Instead we forward your credit card information to our credit card processor using a secure connection and they send us a reference code that can be used for your future purchases. This code is tied to us only and cannot be used elsewhere, thereby providing high security as well as speed and convenience when bidding. You will be able to change your card on file through our registration page when logged in.

   • Please note that authorizations will appear on your bank or credit card statements right away but it may take the bank/credit card company several days to release the funds back. This is as per their guidelines and we have no control over that.

8. There is a soft close system in place. Similar to the end of a live auction, bidding will continue on a lot until all bidders have stopped bidding for two minutes. At the original bid deadline, all lots that have not had bids for the previous two minutes will close. Lots that have had bids in the last two minutes will have the bid deadline for those lots only extended by two minutes from the last bid, not from the original bid deadline of the auction. Any further bids within the last two minutes of the new bid deadline will extend the bidding another two minutes from that bid time on that lot. Only those lots being bid on will continue to remain open until bidding is idle for two minutes.

9. We reserve the right to arbitrate and reassign any winning bid for reasons including but not limited to system malfunction, user error or time zone variances with our hosting provider. Any bids received after the bid deadline on a lot, even if a system malfunction allows it, will be disqualified. Bid deadlines will be based on the time local to the seller premises or, in the case of Gift Cards, the merchant premises. The timer at our server will be the only measure of when an auction bid deadline is passed. Due to computer speed, available memory, level of background activity and other factors, timers shown on a user's local computer may be different than our server timer.

10. Our live bid updates feature is a future feature. When implemented, it will be supported in modern browsers only with high speed internet connections, without which you may see delayed bids and inaccurate results.

    When live bid updates are enabled, you will see the bids update automatically when anyone else bids on a lot. When live bid updates are disabled, either the live bid website controller is down, you have been disconnected, live bidding technology is not supported by your browser or this feature is not implemented yet. In any of these cases, you will need to hit refresh frequently to see the latest bid updates.

    Live bid updates are almost real time. There may be a slight delay before all users are notified. Use the Max Bid feature to avoid being outbid at the last second.

11. We make every effort to test our software thoroughly before launching it for public use, however due to the vast array of hardware, operating systems, browsers and other software resident on devices, software programming does have a potential for compatibility issues and unexpected bugs. You agree to hold us, our franchisees, agents, representatives and partners harmless in such an event, and your understanding is appreciated if something unexpected happens. Please report any problems at your earliest opportunity to our technical support department at (866) 276-9680 x303 or email [email protected]

12. If you are the current high bidder but would like to lower your Max Bid, you may do so online but you cannot lower it below the current bid plus the minimum increment. You understand and agree that all bids are final and cannot be retracted by you once placed. Each bid obligates you to complete the purchase if you are the high bidder. If you are the high bidder but your credit card is declined, you are still obligated to pay as your bid is binding, even if you decide to forfeit the lot. Failure to pay will result in closure of your account and denial of future bidding privileges.

13. If you are notified that you are the winning bidder for a Transition Squad^® Managed Auction or a full DIY auction, you must attend the pickup period during the designated pickup period(s) to pick up your items. Full DIY auctions may have some additional flexibility, subject to seller schedules and discretion. You can contact the seller directly from their auction page to request alternate arrangements but such is not guaranteed. Previews and/or pickups are as shown on the auction page. Doors close at the specified time. Late arrivals are at your own risk and may be subject to additional fees. If you believe that you may not be able to attend during the designated date(s) and time(s), then either make arrangements with someone else or a shipping provider to pick up on your behalf, or do not bid. Shipping providers are shown on auction pages where vetted shipping providers are available.

14. If you are the winner of one of our Flash Auctions from our Virtual Consignment Store and Auction House, you and the seller will be provided with each other's contact information to connect directly for pickup arrangements. Be courteous and considerate of their time and schedule. We do not guarantee that any arrangements based on your schedule can be accommodated, so verify with the seller if needed before bidding.

15. You agree that if you or someone who is to pick up on your behalf are not able to pick up your items during the designated pickup period, you forfeit them without a refund. If you authorize someone else to pick up your lots on your behalf, you MUST:
    • Send an email to the Auction Manager or seller advising the name of the person authorized to pick up on your behalf, and
    • Forward your receipt to the party who will be picking up for you. They must also provide valid photo id in order for the items to be released, unless they are known to the Auction Manager. A copy of the id may be taken at the discretion of the Auction Manager or seller.
    • If both of the above actions are not taken, the items will not be released and you risk forfeiting your items without a refund.

16. You understand that all items are being sold "AS-IS, WHERE IS" with no representation of quality, condition, workmanship or regulatory compliance beyond the pickup date, other than the provisions of Buyer Protection listed below.

17. Where a refund is agreed to by the Auction Manager or seller, lots must be returned in the same condition as when they were picked up. Transportation charges are not eligible for a refund.

18. We charge a Buyer's Premium (plus sales and/or use tax where applicable) on all online auctions: a flat 300 for Vehicles and 15% for other consumer categories. There is also a $1.50 surcharge if your total net purchase (before tax and Buyer's Premium) is less than $15.

19. You agree to bring appropriate tools, packing materials and helpers to dismantle and remove the lots from any auction premises. Due to insurance requirements, our staff are not allowed to help move large lots.

20. We highly recommend that you not bring young children with you to the pickup or previews. Doing so will be at your own risk and you agree to hold us, our franchisees, agents, representatives and partners harmless in the event of injury or death.

21. You agree to cover the cost of any damage caused to the premises or to other lots by you and/or those attending the pickup with you, including children, and/or those assigned or hired by you to conduct the pickup, or if applicable, during an onsite preview. You provide approval to charge such costs to your credit card or, at our discretion, allow you to pay for such costs when presented with appropriate estimates, including all credit card charges and a 15% administration charge.

22. As a seller, you understand and agree that we do not guarantee the sale of your lot(s) or the price at which they sell.

23. Our online auctions and estate sales are meant to be family-friendly activities that are designed to be safe and fun for all parties. You agree to conduct yourself in a professional, reasonable manner that does not create or encourage conflict or violate anyone's rights or privacy. This includes but is not limited to carrying on in a disruptive manner, using offensive or disrespectful language of any sort, contacting sellers privately or trespassing on their property for advance viewing or purchase opportunities. Charges may be laid in the event of trespassing, your account will be closed and you will be banned from future auction participation.

24. As these are public competitive auctions, we, our franchisees, agents, representatives and partners are eligible to bid on lots.

Buyer Protection (Not Available On Items Being Picked Up By Third Parties or When There Is A Viewing Period On Estate & Downsizing Auctions)

Buyer Protection is available on Estate, Downsizing Auctions & Consignment Auctions, Vehicle Auctions & Gift Card Auctions.

• ESTATE, DOWNSIZING AND CONSIGNMENT AUCTION - BUYER PROTECTION:

• You must make every effort to inspect your purchased item(s) prior to leaving the premises with them.

• In the event that an item is not as described, is damaged without disclosure in the listing either through pictures or wording, is missing parts or if there was any material information not disclosed in the listing description, you have the right to receive a refund.

• In this event, you should notify the Auction Manager or seller of your concerns immediately and not leave the premises with the item and not sign the receipt. The Auction Manager or seller will evaluate the situation and authorize a refund, if appropriate, which will be processed by us within 7-10 business days after being notified.

• If you leave with your item(s) and sign the receipt stating they are in good order, there are no refunds unless you can absolutely demonstrate that the listing was misrepresented. You must notify the Auction Manager or seller within 48 hours (two business weekdays - EXCEPT FOR VEHICLES, See Below) and explain your situation.

• If you and the Auction Manager or seller cannot agree on whether a refund is due, then you may request our Head Office to arbitrate. You agree that all of Head Office decisions are final and binding.

• You must bring back the items in question at your expense in the same condition as they left the premises prior to a refund being issued.

• You hold us, our franchisees, agents, representatives and partners harmless in the event that an item is eligible for Buyer Protection under the above terms, or lost, stolen, damaged or withdrawn from the auction prior to pick-up. A full refund will be issued under these circumstances.

• We, our franchisees, agents, representatives and partners reserve the right for any reason to remove an item from an auction prior to the pickup period even if there are bids on it.

• When there is a preview period, you are given the opportunity to inspect the item prior to bidding. If you choose to bid without such inspection, then you do so at your own risk. There is no Buyer's Protection in this situation, even if the item is misrepresented, damaged or missing parts.

• VEHICLE AUCTION - BUYER PROTECTION:

• You and the seller or dealer are responsible for finalizing the vehicle transfer directly.

• Transition Squad^® will charge a flat $300 Buyer's Premium plus applicable tax upon sale. Only the Buyer's Premium and associated tax is covered under Buyer Protection.

• The full bid price should be paid directly to the seller upon vehicle transfer with certified funds and any taxes owing will be applied and charged through your local vehicle registration office when the transfer takes place. If this vehicle is being sold through a dealer, they will facilitate the transfer.

• We highly recommend that any used vehicle be independently inspected before final payment is made. Make arrangements with the seller to take it to your mechanic or a nearby independent mechanic. If any material information presents itself through the inspection or when you go to pick it up, such as misrepresentation or non-disclosure, do not accept or pay for the vehicle. Report the issue to Transition Squad as soon as possible with details and/or pictures to demonstrate the problem.

• THE PURCHASE PRICE OF THE VEHICLE OR INSPECTIONS ARE NOT COVERED UNDER BUYER'S PROTECTION BUT YOUR BUYER'S PREMIUM IS. HOWEVER, ONLY PAY FOR THE VEHICLE ONCE YOU ARE SATISFIED OF THE CONDITION. ONCE A VEHICLE IS PAID FOR, BUYER'S PREMIUM PROTECTION NO LONGER APPLIES.

• Any concerns about misrepresentation, missing parts or items not working must be reported within 48 hours of pickup time agreed to but cannot extend beyond 14 days from the auction end date. We cannot consider any refund inquiries under any circumstances after that.

• GIFT CARD AUCTION - BUYER PROTECTION:

• Gift Cards do not expire, however prices of products and services may increase. In this case, the full face value will still be applied against your total after-tax purchase.

• Your Gift Card purchase is protected against merchant closure for 60 days from date of purchase. If the merchant ceases operations within that 60 day period, you will have the choice to receive an alternate gift card of similar face value from our existing merchants or receive your money back, including Buyer's Premium and taxes on Buyer's Premium.

© Transition Squad Inc., February 28, 2020