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TERMS OF SALE
NOTICE: All bidders and other persons attending this sale agree that they
have read and have full knowledge of these terms and agree to be bound
1. IDENTIFICATION. All purchasers are required to give full name and address.
2. DEPOSIT. At the discretion of the Auctioneer, a purchaser may be required
to make a deposit in cash or by certified check of 25 per cent of the bid on
each lot purchased. In default of such deposit, the lot may be put up again
immediately and resold.
3. TIME OF PAYMENT. All bills must be paid in full at the conclusion of the
auction sale, or by approved prior written arrangement with the Auctioneer.
4. REMOVAL. A defined schedule of removal will be posted and adhered to for
each auction sale.
No lot can, on any account, be removed during the sale. Rigging and removal
for most items is free as the equipment is pre-skid and ready for shipment.
Should there be a need for additional skidding or specialized rigging and
removal charges will incur. Purchases will be delivered only on presentation of
paid bill. Auctioneer shall not be responsible for goods not removed within
the time allowed, but shall have the option to remove and store at the
expense and risk of the purchaser any article purchased, but not paid for and
removed within the time aforesaid.
5. MANNER OF PAYMENT. All checks for deposits and balances due shall be
payable to the order of AuctionIndustries.Com, LLC. All bills must be paid to
representatives of the Auctioneer at the plant unless otherwise announced.
The full purchase price on all lots sold to the same buyer must be paid within
the time fixed and before removal of any of the goods.
6. CONDITION OF ARTICLES SOLD. The Auctioneer shall not be responsible for
the correct description, genuineness, authenticity of, or defect in any lot, and
makes no warranty in connection therewith. No sale will be set aside nor
allowance made on account of any incorrectness, error in cataloguing, or any
imperfection not noted. A 45 day money back guarantee is offered on
equipment pending our confirmation that equipment is returned in the same
condition, less freight. This guarantee is not applicable for consigned auction
7. PURCHASER`S RISK. All purchases made at this sale are at the purchaser`s
risk as soon as they are announced sold by the Auctioneer; the Auctioneer
and principal not being responsible if all or any part of such purchases are
lost, stolen, damaged or destroyed from any cause whatsoever.
8. CLAIMS. No claims will be allowed after removal of goods from premises.
9. AUCTIONEER`S LIABILITY. Auctioneer shall not, in any event, be liable for
non-delivery or for any other matter or thing, to any purchaser of any lot,
other than for the return to the purchaser of the deposit or sum paid on said
lot, should the purchaser be entitled thereto. The Auctioneer shall not be held
liable in any greater amount than that paid by the purchaser and, in all
instances, the highest bid shall be accepted by both the buyer and seller as
the value against which all claims for loss or damage shall lie.
10. COMPLIANCE WITH TERMS OF SALE. In default of payment of bills in full
within the time therein specified, the Auctioneer in addition to all other
remedies allowed by law, may retain all monies received as deposit or
otherwise, as liquidated damages. Lots not paid for and removed within the
time allowed herein may be resold at public or private sale without further
notice, and any deficiency, together with all expenses and charges of re-sale,
will be charged to the defaulting purchaser.
11. RISK TO PERSON AND PROPERTY. Persons attending during exhibition,
sale or removal of goods assume all risks of damage of or loss to person and
property and specifically release the Auctioneer from liability therefor. Neither
the Auctioneer nor his principal shall be liable by reason of any defect in or
condition of the premises on which the sale is held.
12. ADDITION TO OR WITHDRAWAL FROM SALE. The Auctioneer reserves the
right to withdraw from sale any of the property listed or to sell at this sale
property not listed, and also reserves the right to group one or more lots into
one or more selling lots or to subdivide into two or more selling lots.
Whenever the best interest of the seller will be served, the auctioneer reserves
the right to sell all the property listed, in bulk.
13. SALE BY ESTIMATED WEIGHT, COUNT OR MEASURE. Where items are sold
by estimated weight, count or measure, the purchaser will be billed for and
required to pay for the estimated weight, count or measure. If, upon delivery,
any shortage exists, the purchaser will receive a refund at the rate of
purchase. If there be an excess, the purchaser will be required to take and pay
for such excess, at the rate of purchase.
14. NOMINAL BIDS. If any dispute arises between two or more bidders, the
auctioneer may decide the same or put the lot up for sale again at once, and
resell to the highest bidder. The Auctioneer`s decision shall be final and
absolute. Any bid which is merely a fractional or nominal advance may be
rejected by the auctioneer.
15. RESERVE. The Auctioneer reserves the right to reject any and all bids. On
lots upon which there is a reserve, the Auctioneer shall have the right to bid
on behalf of the seller.
16. RECORDS—The record of sale kept by the Auctioneer and bookkeeper will
be taken as final in the event of any dispute.
17. COURT CONFIRMATION. All sales made by Order of Court may be subject
to confirmation of the Court, as announced.
18. AGENCY. The Auctioneer is acting as agent only and is not responsible for
the acts of its principals.
19. ADDITIONAL TERMS AND CONDITIONS—The Auctioneer may add other
terms and conditions of sale, such additional terms and conditions to be
announced prior to the auction.