Terms Of Bidding & Sale
1. The auction will be conducted by offering the items by lot ("Lot") either individually or in groups. The bidder offering the highest bid accepted by the auctioneers shall be the "Purchaser" of the offered lot and no "Purchaser" shall retract his bid. "Purchaser accepts a Lot when he makes a bid. All sales are final
2. Bidder, whether acting as principal, agent, officer or director of a company, in any capacity whatsoever, and the company he represents, both jointly & severally agree:
(a) to indemnify & save harmless Auctioneers & it's consignors from any & all actions, causes of action, suits, damages, costs & losses of any nature, arising from the purchase or use of any item at the auction sale and/or on the auction site whether before, during or after the auction sale.
(b) to be responsible for the payment of the purchase price due on all the bidder's purchases
3. The bidder grants to the auctioneers a security interest in the purchases to secure payment of the purchase price. In the event of non-payment, the Auctioneer may proceed to file the Bidder Registration Agreement as a financing Statement to perfect the security interest granted by the Security Agreement
4. There shall be no guarantees or warranties, expressed or implied, statutory or otherwise of any nature whatsoever in respect of the lots offered at the auction. Each & every Lot will be sold "As Is, Where Is'. Specifically, but without limitation, Auctioneers make no representation or warranty that any of the Lots:
(a) conform to any standard in respect of safety, pollution, or hazardous material to any standard or requirement of any applicable authority. law or regulation, or
(b) are fit for any particular purpose, or
(c) are merchantable or financeable, or
(d) are of any particular age, year of manufacture, model, make or condition
Bidder agrees he has satisfied himself & is not relying on Auctioneers, nor are Auctioneers liable, for any matter in respect of the above. Bidder further agrees to repair, at his cost, any lot purchased at the auction to a safe operating condition and, without limitation, to a condition which meets any standard or requirement of any applicable authority, law or regulation including those concerning any use to which the Lot may be put.
**EVERY ITEM SOLD "AS IS - WHERE IS"
**NO GUARANTEES OR WARRANTIES WHATSOEVER
**PLEASE INSPECT THE EQUIPMENT BEFORE BIDDING
**ALL SALES ARE FINAL
5. Bidder acknowledges that an auction site is a potentially dangerous place. Flammable, noxious, corrosive & pressurized substances are present, heavy equipment is being operated and electric circuits may be live. Every person at the auction site at any time, shall be there at his own risk with notice of the condition of the premises and the activities thereon and Bidder shall so advise his agents and employees. No person shall have any claim against auctioneers, their agents, employees, or principals for any injuries sustained, nor for damages to or loss of property which may occur from any cause whatsoever.
6. If the Bidder registered for this Bid Card has registered at this auction under other Bid Cards, all purchases shall be considered for the purposes of interpreting the terms, as if purchased under a single Bid Card.
7. Auctioneers, at any time, and at their sole discretion, without notice or liability to buyer may:
(a) withdraw or cancel the sale of any lot, or
(b) offer any Lots in groups or with privilege.
8. Any dispute rising as to any bidding shall be settled by Auctioneers at their sole discretion & Auctioneers may put the Lot in dispute up for sale again. Auctioneers reserve the right to refuse any bid which they consider to be an insignificant advance over the preceding bid.
9. Purchases become the responsibility of the Purchaser. Auctioneers shall not be responsible for loss or damage to any purchase.
10. Purchaser shall not be entitled to possession of any of his purchases until the total purchase price of all his goods has been fully paid. In the event the Purchaser fails to pay the amount due within the prescribed time, or fails to comply with the Terms, Auctioneers shall retain a possessor lien on all purchases and at Auctioneer's sole discretion, have the right to resell such purchases by public or private sale without notice to Purchaser.
11. All purchases must be removed from the auction site within the time announced or posted at the auction site and all costs, responsibility and risk of such removal shall be borne by the Purchaser. Purchaser shall use prudence in effecting such removal. Auctioneers have the right to require proof of adequate insurance coverage from the Purchaser for any purchases requiring dismantling, rigging or hot cutting. Purchaser agrees to indemnify & save harmless both Consignor & Auctioneers against any damage caused by the acts of the Purchaser. If, for any reason, Purchaser fails to remove His Purchase within the time specified, The Purchase shall be deemed abandoned, and Auctioneers, at their sole discretion may resell per term (10) above, or remove and store the said Purchase at the Purchaser's sole risk & expense. Purchaser shall be liable for any rent incurred or damages suffered by Auctioneers because of Purchaser's failure to remove the Purchase.
12. The listing catalog has been prepared as a guide only, based on information from sources believed to be reliable and from the Consignor; however, it's accuracy cannot be guaranteed or warranted. No sale shall be invalidated; nor shall Auctioneers be liable as a result of defects or inaccuracies in the listing catalog. Bidder acknowledges that all Lots were available for inspection prior to the Auction & that it's his responsibility to inspect all equipment & to make his own inquiries prior to bidding.
13. All necessary documents will be delivered. if available, immediately to Purchaser upon payment in full as set out above, or will otherwise be mailed ten (10) banking days after payment is received.
14. If, for any reason, Auctioneers are unable to make available a clear title for the Purchase, sale will be null and void and Auctioneer shall not be held liable to either seller or Purchaser.
15. (a) If a Purchaser claims an exemption based on goods being shipped out of state for use out of state, then the goods must be delivered to and shipped by a common carrier.
(b) In such case, Purchaser shall arrange for & assume all risks & costs associated therewith.
16. These are the complete terms & may not be amended except by agreement in writing signed by Auctioneers and the respective Purchaser.