AMFEC Stainless Steel Combo Dumper, 48" W X 51" L X 63" T carriage, dual lift and pivot hydraulic

Barliant Auctions, Inc. Terms of Sale 

Terms & Conditions:

1. 1.      An eighteen percent (18%) buyer’s premium will be added to all purchases. 
2. 2.      Payment Terms.

A.)             Payment must be made by wire transfer to the account identified by Barliant Auctions, Inc. (“Barliant”). Credit cards will NOT be accepted. In its sole and absolute discretion, Barliant may accept a check, provided that a bank letter is also provided. The bank letter should read:  _______________ is a valued customer and the ____________Bank will guarantee payment of checks or wire transfers drawn by_______________ for any amount up to $__________ for purchase of items at the ____________ auction on (Date)___________.

B.)        Payment must be received by Monday, April 10th no exception.

C.)       If payment in full is not made within the time specified, Barliant, in addition to all other remedies allowed by law, may retain all monies received as liquidated damages.  Lots not paid for and/or not removed within the time allowed herein may be resold by public or private sale.  Any deficiency, together with all expenses of resale, will be charged to the defaulting buyer.

D.)   The record of sales kept by Barliant will be taken as final.

E.)   State sales tax will be collected where applicable.

 
3.     Warranty & Description: Neither Barliant nor Liquidity Services Operations LLC (“Liquidity Services”) make any warranty, expressed or implied, including any implied warranty of merchantability or fitness for a particular purpose, and no person has authority on behalf of Barliant or Liquidity Services to grant such warranty or make any representation, written or oral, regarding such equipment, parts or supplies.  All goods are sold As Is, Where Is.  While we have endeavored to be as accurate as possible in our descriptions, buyers should avail themselves of the opportunity to make inspection prior to purchase and should use their own determination as to make, model, condition, age, value and any other pertinent information required. Any photographs, videos, written descriptions and other content are NOT intended as representations or warranties but are provided solely to aid interested bidders in determining which assets to inspect.

NEITHER Barliant NOR LIQUIDITY SERVICES ARE LIABLE TO A BUYER FOR ANY PAYMENT FOR LOST PROFITS OR ANY OTHER MONEY DAMAGES, INCLUDING, WITHOUT LIMITATION, EXEMPLARY, PUNITIVE, SPECIAL, LIMITED, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES. NEITHER Barliant NOR LIQUIDITY SERVICES MAKES ANY REPRESENTATIONS OR WARRANTIES REGARDING THE QUALITY, NATURE, CONDITION, GENUINENESS, AUTHENTICITY OR COMPOSITION OF THE ASSETS OR REGARDING THE COMPLIANCE OF THE ASSETS WITH THE REQUIREMENTS OF ANY SPECIFICATIONS, LAWS OR REGULATIONS. BUYER IS SOLELY RESPONSIBLE FOR THE ASSETS’ ABILITY TO ACHIEVE THE RESULTS BUYER INTENDS. LIQUIDITY SERVICES AND Barliant DISCLAIM ALL WARRANTIES AND OTHER OBLIGATIONS ON ACCOUNT OF ANY CLAIM OF INFRINGEMENT OR MISAPPROPRIATION OF PATENTS, COPYRIGHTS, OR OTHER INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS IN CONNECTION WITH THE ASSETS.

 4.    Safety Devices: Articles purchased may not incorporate approved activating mechanisms, operating safety devices or safety guards, as required by OSHA or otherwise.  It is buyer’s responsibility that articles purchased be so equipped and safeguarded to meet all requirements on equipment sold at this sale.

 5.    Indemnification: Buyer shall defend and indemnify and hold Barliant and Liquidity Services harmless from and against all claims and liabilities relating to the condition of, removal of, or use of the articles purchased or failure of user to follow instructions warnings, or recommendations of the manufacture, or to comply with federal, state, and local laws applicable to such articles, including OSHA requirements, and Environmental Protection Agency requirements, or for approximate or consequential damages, costs or legal expenses arising therefrom.

 6.   Barliant and Liquidity Services reserve the right to withdraw items from or add items to the sale, and also reserve the right to group one or more lots or subdivide into two or more Lots.  Items being sold by quantity will be "times by money".

 7.    Proxy Bids will be bid by Barliant staff on the buyer’s behalf.

 8.    Disputes between Bidders:  If any dispute arises between two or more bidders, the auctioneer’s decision will be final. The record kept by the Barliant Auctions’ clerk will be final in any dispute during Internet bidding.

 9.    Minimums and Reserves:  When an item is offered as ABSOLUTE, the high bid will be accepted without any conditions. When an item is offered WITH A MINIMUM BID, the high bid will be accepted if it is equal to or greater than the minimum.  Items offered WITH RESERVE are subject to the seller’s acceptance of the high bid. Barliant and Liquidity Services reserve the right to reject any and all bids.  On lots upon which there is a reserve, Barliant, through its assigned agents, shall have the right to bid on behalf of the seller.

 10.  Removal:

A.)        Risk of loss to the equipment shifts to the buyer upon payment of the purchase price. Buyer has full responsibility for removal of the equipment purchased. Buyer is responsible for its and its employees’, agents’ and contractors’ compliance with all applicable laws and regulations for the removal, transportation, reassembly and use of any equipment purchased. Buyer is responsible for any damage to property, including spills or releases of hazardous substances, which might occur during the removal process. Buyer is responsible for ensuring that Buyer’s employees, agents and contractors understand the health, safety and environmental site rules at the location where removal is to occur. If Buyer brings employees or third parties to attend or assist in the removal of equipment, Buyer assumes all risks of damage of or loss to their person and property and agrees to defend and indemnify Barliant and Liquidity Services from any and all liability for such risks. Buyer agrees to defend, indemnify and hold harmless Barliant and Liquidity Services from any claim made by any third party due to, arising out of or attributable to Buyer’s or its agent’s removal of equipment, including without limitation, all damage or loss to person or property.

B.)        No equipment may be removed until auction is completed.

C.)       Equipment must be removed by June 1st no exceptions by appointment only.  Property not removed by the allotted time will be considered abandoned and may disposed of by Barliant and Liquidity Services in their sole discretion.  No claims will be acknowledged and no refunds will be issued.  

D.)       Check out will be 8:00 ­a.m. to 4:00 p.m. weekdays.  Upon request, weekends may or may not be made available.

 11.    Claims: No claims will be allowed after removal of goods from premises. 

 12.    Risk to person and property:  Persons attending during inspection, sale, or removal of goods assumes all risks of damage of or loss to person and property and specifically release Barliant and Liquidity Services, their respective affiliates, officers, directors, employees, agents and other representatives from any and all liabilities.

13.    Announcements made on the day of sale supersede any printed material or other advertised information.