110
Lot
110
Hyster Model: H120FT, 12,000lb Capacity . Pnumatic Tires. LP Powered Forklift. 72" Forks. Runs and Drives.
Serial Number: P005V02879H
$100 Loadout Fee
Hyster Lot: NV
Watch it in action on YouTube!: https://youtu.be/XECwxO_iWS8
For Bidworx delivery information please telephone 2485749800.
=====================================================
BidSpotter Customer Service Support Department
Have a question pertaining to the bidding process?
Visit our Frequently Asked Questions!
You can also start a live chat with a Bidspotter Support Representative by selecting Live Chat at the top of Bidspotter.com. More information on our chat system can be found by clicking here.
Customer Support Hours:
Email: support@bidspotter.com
Office: 253-858-6777 Toll Free: 866-597-2437
Any items not picked up within 15 days of Auction Close Time will become the property of Bidworx, Inc. Any arrangements other than listed terms must be approved and arranged through Bidworx Support Team.
All pickup arrangements must be scheduled by emailing support - support@bidworx.com.
PICKUP LOCATION: 31440 Stephenson Hwy, Madison Heights, MI 48071 / 4890 E. Nevada Ave, Detroit, MI 48234
To make appointment contact Bidworx, Inc by phone 248-574-9800 or email support@bidworx.com
Loading Assistance is included with the purchase if noted.
Participation Requirements: Valid Credit Card required for bidding approval
Payment Options: Visa, MasterCard, Discover, and American Express, wire transfer or ACH payment.
Payment Instructions: There is a 18% online buyers premium in effect for all purchases made online. All items sell where is as is with no warranties or guarantees. Buyer is responsible to inspect all merchandise prior to placing bids.
Internet Premium: 18%
Sales Tax : 6% - Sales tax applied to Sale Price.
Payment terms: Cash, check, wire transfer, ACH or ATG Payment System acceptable. All payments are due immediately upon receipt of your invoice. All items must be removed within 10 days unless otherwise noted. Loadout available by appointment. Please call agent for more info. A 3% convenience fee will be added to all invoices paid by credit card. Buyer shall assume responsibility of all property when auctioneer says sold. Bidworx, Inc is not responsible for any missing or stolen items. Currency Type: USD
Bidder Terms and Conditions
There is a 18% online buyers premium in effect for all purchases made online. All items sell where is as is with no warranties or guarantees. Buyer is responsible to inspect all merchandise prior to placing bids.
1. Auctions Conducted Under These Terms. The Auction is conducted under and in accordance with these Terms, the Terms posted on Bidworx, Inc website, applicable law, and any announcements or corrections made by Bidworx, Inc during the Auction. By participating in the Auction, whether at the auction site, online, telephonically, or through any other means (including Absentee Bid), Bidder agrees to be bound by, and to abide by, these Terms.
2. Auctioneers Licensing and Bonding. Bidworx, Inc is licensed and bonded where required.
Auctioneer Corporation: Bidworx, Inc
3. Definitions. The following definitions apply to these Bidder Terms for each auction conducted by Bidworx, Inc:
Absentee Bid means a bid submitted in advance by an Absentee Bidder for the execution during the Auction. Absentee Bidder means a person or entity that submits an Absentee Bid. Absolute Auction or Absolute applies only if and when expressly indicated and means that property is to be sold to the highest bidder regardless of the amount of the final bid, with no limiting conditions, restrictions, or reservations. UNLESS SPECIFICALLY AND EXPRESSLY STATED BY Bidworx, Inc IN WRITING, NO PROPERTY IS BEING SOLD ABSOLUTE OR AT AN ABSOLUTE AUCTION. Auction means the auction sale at which Bidworx, Inc solicits bids, or is scheduled to solicit bids. Auction Site means the physical location of the Auction, or, for an Auction conducted entirely online, the location at which Property may be inspected. Bidder Number means the number or other identifier issued by Bidworx, Inc to a Registered Bidder for the purposes of identifying bids to such Registered Bidder. Bidder Registration means the information provided by a prospective Bidder, and the process of registering such prospective Bidder, to bid at the Auction, including the prospective Bidders agreement to be bound by these Bidder Terms. Broker Participation Fee means an amount that is paid to a broker who has participated in procuring a Buyer, or has otherwise assisted in facilitating the sale of Property at the Auction, under the Terms and in the amount established by Bidworx, Inc. "Buyer" means the Winning Bidder with respect to each Lot of Personal Property. "Buyer's Premium" is an amount with respect to each Lot of Personal Property sold at the Auction, calculated as a percentage of the Hammer Price, that is payable by the Buyer to Bidworx, Inc for Bidworx, Inc own account. Fall of the Hammer means the point, after bids have been received, at which Bidworx, Inc declares a Lot of Personal Property sold to Bidder acknowledged by Bidworx, Inc as having made the Winning Bid. During an auction that is exclusively online, the Fall of the Hammer will occur electronically at the end of timed (or extended) bidding. In an auction that is Subject to Sellers Confirmation, the Fall of the Hammer will occur on Sellers Confirmation of the High Bid Subject to Confirmation. Hammer Price means the high bid amount recognized by Bidworx, Inc with the Fall of the Hammer. High Bid means the high bid amount recognized by Bidworx, Inc at the conclusion of bidding on a Lot. High Bid Subject to Confirmation means the High Bid amount recognized by Bidworx, Inc at the conclusion of bidding on the Lot put up at Auction Subject to Sellers Conformation. If the High Bid Subject to Conformation is confirmed by Seller, it will be the Hammer Price. High Bidder means the Bidder recognized by Bidworx, Inc as having made the High Bid with respect to a Lot. "Knocked Down" or "Knock Down" means, with respect to any Property put up at the Auction, that Bidworx, Inc has acknowledged the Winning Bid with the Fall of the Hammer, or by announcing "sold", or by giving a similar such indication. Property may be Knocked Down electronically at the conclusion of a timed online auction event. Lot means each individual item or grouping of Personal Property offered at one time by Bidworx, Inc. No Sale occurs if Property is put up at the Auction but is not Knocked Down or sold, and Bidworx, Inc passes on such Property or declares a No Sale. Online Auction Platform means the hardware and software utilized to conduct the Auction online and to facilitate online bidding, including any associated, adjunct, and/or complementary websites, services, premiums and promotions. Online Auction Platform Provider means the provider of the Online Auction Platform and related services to conduct Auction online. "Online Bidding Period" means, with respect to an Auction conducted in whole or in part online, any established period during which bids may be tendered. Participant means any person who attends, or otherwise participates in, the Auction (in person or remotely). The term Participant includes, but is not limited to, Registered Bidders, Bidder, and Buyers. Personal Property means all tangible and moveable property, including fixtures, designated as Property. Pick-up means the act of picking up or removing sold Lots by respective Winning Bidders at the date(s), time(s), and location indicated for such during the Auction or as later agreed to by Seller and Buyer. Private Sale means an event in which Property is sold by Seller, or on Sellers behalf, other than at the Auction (including a sale at an auction conducted by a person or entity other than Bidworx, Inc). Private Sale Price means the fair market purchase price of the Property paid, or agreed to, at a Private Sale in an arms-length transaction between Seller and the purchaser of the Property. If the Property is sold through a Private Sale for less than its fair market value, or in a transaction that is not an arms-length transaction, or is gifted by Seller, the Private Sale Price will be an amount equal to the fair market value of the Property in an arms-length transaction. Property means the Real Property and the Personal Property. Purchase Price means an amount equal to the Hammer Price or High Bid Subject to Confirmation, as the case may be, plus the Buyers Premium. "Registered Bidder" means a person or entity that has registered to bid at the Auction. Registration Deposit means, if required by Bidworx, Inc, the deposit, in certified funds, made by a Registered Bidder in order to register for the Auction. Reserve or With Reserve means that Bidworx, Inc may Withdraw Property put up at Auction and/or bids may be rejected prior to the Fall of the Hammer. UNLESS SPECIFICALLY AND EXPRESSLY STATED OTHERWISE BY Bidworx, Inc IN WRITING, ALL PROPERTY IS BEING WITH RESERVE. Reserve Price means the minimum price that Seller is willing to accept for specific Property. Sellers Confirmation means Sellers confirmation, approval, and acceptance of the High Bid Subject to Confirmation acknowledged and recorded by Bidworx, Inc. Subject to Seller's Confirmation means, with respect to any Property expressly identified in this Agreement as being sold Subject to Sellers Confirmation, that after the High Bid Subject to Sellers Confirmation has been received and acknowledged by Bidworx, Inc, Seller may determine, in Seller's sole and absolute discretion, to (i) accept such bid or (ii) reject such bid. Winning Bid means the highest bid received and accepted (and if Subject to Sellers Confirmation, confirmed by Seller). "Winning Bidder" means the Bidder who is recognized by Bidworx, Inc as having made the Winning Bid. Withdraw refers to the circumstance in which the Property is removed from the Auction, or in which it is determined that such Property will not be offered or sold at the Auction.
4. Bidder Registration. All persons desiring to bid at the Auction, must register to bid and be issued a Bidder Number. In order to register to bid, each potential Bidder must provide such information (including identifying information and qualifications) as requested by Bidworx, Inc. Bidworx, Inc may refuse to accept a Bidder Registration from any potential Bidder, may refuse to issue a Bidder Number to any potential Bidder, and, if a Registered Bidder breaches any Bidder Terms or engages in improper conduct, Bidworx, Inc may revoke any Bidder Number. By registering to bid at the Auction, each Registered Bidder acknowledges and agrees that such Registered Bidder has read, understands, and agrees to be bound by, these Bidder Terms. In Bidworx, Inc discretion, bids may be received from a person who has not registered to bid, and by placing a bid accepted by Bidworx, Inc such unregistered Bidder will be bound by these Bidder Terms and will immediately complete a Bidder Registration.
5. Governing Law.
5.1 For Auctions in the State of Michigan and Online. Unless otherwise indicated, all Property is offered for sale in the State of Michigan, and will be sold in the State of Michigan. Notwithstanding the physical location of the Bidder or any Participant, these Terms are deemed to be entered into in the State of Michigan, all bids and payments are deemed to be received in the State of Michigan, and the contract, if any, will be deemed to be formed and entered into in the State of Michigan.
6. Buyer's Premium. All Property offered at the Auction is subject to a Buyers Premium, which will be paid by the Buyer to Bidworx, Inc for Bidworx, Inc own account. The Buyer's Premium will be calculated as a percentage of the Hammer Price, and will be added to the Hammer Price to determine the final Purchase Price. Buyer agrees to pay the Winning Bid plus the applicable Buyers Premium.
7. Access to Auction Site. Participants assume all risks associated with their presence at the Auction Site or their access to the online bidding platform utilized by Bidworx, Inc. Any person may be denied access to the Auction, the Auction Site, and the online bidding platform utilized by Bidworx, Inc, and may be removed at Bidworx, Inc discretion.
8. Nature of the Auction. This Property is being sold at the Auction in the manner indicated on the first page of this Agreement.
9. Bidding. Registered Bidders may only bid at the Auction by agreeing to be bound by these Bidder Terms. By bidding, each Registered Bidder acknowledges and agrees that such Registered Bidder has had a full and fair opportunity to read, and understands, these Bidder Terms, and affirms that such Registered Bidder is subject to and bound by these Bidder Terms.
10. No Bid Retraction. Bidder may not retract a bid that has been acknowledged by Bidworx, Inc or that has been submitted online. Bidder acknowledges and agrees that Bidworx, Inc is acting in reliance on tendered bids in the conduct of the Auction, and that bid retraction is disruptive and interferes with the Auction, and that, as an inducement for Bidworx, Inc to accept such Bidders Bidder Registration and for such Bidder to bid at the Auction, Bidder agrees not to withdraw or to attempt to withdraw any tendered bid that has been acknowledged by Bidworx, Inc.
11. Online Auction. The following terms and conditions apply if the Auction is conducted, in whole or in part, online:
11.1. Online Bidding Registration. Anyone desiring to bid online, or to establish the possibility of bidding online, will be required to create an online bidding account by completing all necessary forms and providing required information.
11.2. Bidder Terms and Conditions; Notices and Announcements. The Auction will be conducted in accordance with Bidworx, Inc Terms and any notices or announcements by Bidworx, Inc and/or posted on Bidworx, Inc website.
11.3. Posted Times. All times are based on the Eastern Standard Time zone unless stated otherwise. Posted closing times and time displays are approximate. Bidworx, Inc reserves the right to close early or extend the Auction at any time at Bidworx, Inc sole and absolute discretion.
11.4. Online Bidding Increments. Bidworx, Inc may establish bid increments, and may modify or change bid increments, in Bidworx, Inc sole and absolute discretion.
11.5. Records of Online Activity. Absent clerical errors, Bidworx, Inc records will be deemed final and conclusive.
11.6. Technology Disruptions. Bidworx, Inc will not be responsible for technology disruptions, errors, or failures (including disruptions to bidding or the failure to execute, recognize, or record online bids), whether caused by (i) loss of connectivity, breakdown, disruption, or failure of the Online Auction Platform, (ii) breakdown, disruption, or failure of a Bidder's internet connection, computer, or system, (iii) viruses or software malfunction, or (iv) otherwise. Bidworx, Inc may, but will not be required to, continue, suspend, delay, extend, reschedule, or close the Auction because of disruptions caused by technology failures, even after bidding has commenced.
11.7. Failures by Online Auction Platform Provider and its Affiliates or Contractors. Bidworx, Inc may use an Online Auction Platform Provider to facilitate the Auction. Under no circumstances will Bidworx, Inc be liable for any failure of the Online Auction Platform Provider to perform all or any of its obligations, or for the failure of any affiliates, employees, agents, representatives, or contractors of the Online Auction Platform Provider to perform their obligations.
11.8. Auto Extend Feature. Any Online Bidding Period may include an auto extend feature. This means that, if an online bid is entered within a set time period approaching the end of the established Online Bidding Period, the Online Bidding Period will automatically be extended for an additional amount of time in increments established by Bidworx, Inc, and will continue to be so extended until there is a set period of time that lapses during which no online bids are received, after which bidding will close.
11.9. Disclaimer. Bidworx, Inc makes no representations or warranties, and disclaims any representations or warranties, (i) that the Online Auction Platform or any related website or technology will be uninterrupted, error free or virus free, (ii) as to the results that may be obtained by using the Online Auction Platform or any related website or technology, or (iii) as to the accuracy, completeness, reliability, security, or current nature of the Online Auction Platform or any related website technology.
11.10. Responsibility for Online Bids. If a Winning Bid is sent to Bidworx, Inc from the computer of a Registered Bidder, and is, thereafter, confirmed by Seller, such Registered Bidder will be the Buyer.
11.11. No Reduction or Retraction of Online Bids. Online bids may not be reduced or retracted.
11.12. Competing Online and Onsite Bids. In the event of contemporaneously made online and onsite bids, Bidworx, Inc will determine which bid is the successful bid, and may, in Bidworx, Inc discretion, reopen the bidding.
11.13. Winning Bidders Subject to Certification by Bidworx, Inc. The final determination of the Winning Bidder is subject to certification by Bidworx, Inc; and any email or electronic message (whether generated manually or automatically) is subject to such certification.
12. Absentee Bids; Remote Bidding. At Bidworx, Inc discretion, Bidworx, Inc may receive Absentee Bids and/or bids tendered by remote Bidders (whether telephonically or otherwise). All prebids and maxbids placed online are considered absentee bids. Bidworx, Inc pledges complete integrity in the treatment of absentee bids and absentee bids may be initiated and advanced in accordance with Bidworx, Inc policies and procedures. Bidworx, Inc has the right to initiate any absentee bids at 50% of their maximum amount. Bidworx, Inc will make reasonable efforts to execute Absentee Bids, but Bidworx, Inc will have no liability to any Absentee Bidder for the failure to execute any Absentee Bids for any reason whatsoever. Each Absentee Bidder acknowledges and agrees that Property may be sold to another Bidder for the maximum amount of the Absentee Bid based on a bidding sequence that causes another Bidder to reach such amount first. If the execution of an Absentee Bid at its maximum amount would require Bidworx, Inc to accept a bid that is less than a full bidding increment, Bidworx, Inc has the sole and absolute discretion to accept or reject such bid. An Absentee Bidder may provide instructions to Bidworx, Inc to advance the bid by one or more bidding increments after the maximum amount of the Absentee Bid is, or would be, reached. Bidworx, Inc acts only as the agent of the Seller, and the receipt and/or execution of Absentee Bids will not create an agency relationship between Bidworx, Inc and any Absentee Bidder.
13. Bid Increments. Bid increments are established and controlled by Bidworx, Inc, and may be adjusted or modified in Bidworx, Inc sole and absolute discretion.
14. Registered Bidders Responsible for Bids Placed on Bidder Number. Each Registered Bidder is responsible for the Bidder Number issued to such Registered Bidder. Bidworx, Inc is not responsible for monitoring or policing the use of Bidder Numbers, and each Registered Bidder is responsible for all bids made on the Bidder Number issued to such Registered Bidder even if the Registered Bidder claims that the Bidder Number was lost, stolen, or misappropriated, unless notice of a lost, stolen, or misappropriated Bidder Number was provided to Bidworx, Inc prior to an unauthorized bid being made. Absent a clerical error, Bidworx, Inc recording of bids against a Bidder Number will be conclusive as to the making of such bid by, or on behalf of, the Registered Bidder.
15. Withdrawal of Property. Bidworx, Inc has the absolute right to withdraw any Property from the Auction prior to the Fall of the Hammer, unless the Property is explicitly provided that the Property is being sold at an Absolute Auction.
16. Winning Bid; Buyer. Pursuant to these Bidder Terms, the Bidder making the Winning Bid for any Lot of Personal Property will be the Buyer of such Property.
17. All Property Sold AS IS, WHERE IS, and WITH ALL FAULTS. ALL PROPERTY IS BEING OFFERED AND SOLD IN ITS AS IS/WHERE IS CONDITION AT THE TIME OF THE AUCTION, WITH ALL FAULTS, INCLUDING ANY HIDDEN DEFECTS OF ANY NATURE. NEITHER Bidworx, Inc NOR SELLER MAKES ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE NATURE, VALUE, SOURCE, AUTHENTICITY, FITNESS, MERCHANTABILITY, AND/OR ANY OTHER ASPECT OR CHARACTERISTICS OF SUCH PROPERTY. NO STATEMENT ANYWHERE, WHETHER EXPRESS OR IMPLIED, INCLUDING VERBAL STATEMENTS MADE BY Bidworx, Inc, WILL BE DEEMED A WARRANTY OR REPRESENTATION BY Bidworx, Inc OR SELLER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO WARRANTIES OF TITLE, NON-INFRINGEMENT, AUTHENTICITY, ORIGIN, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EACH BIDDER ACKNOWLEDGES AND AGREES THAT HE, SHE, OR IT CANNOT RELY, AND HAS NOT RELIED, ON ANY REPRESENTATION, WARRANTY, OR GUARANTY MADE BY THE SELLER OR ANYONE ACTING AS AGENT OF THE SELLER, ORALLY OR IN WRITING, ABOUT THE PROPERTY, OR ANY OF IT. BY BIDDING, EACH BIDDER ACKNOWLEDGES AND AGREES THAT SUCH BIDDER HAS HAD A FULL AND FAIR OPPORTUNITY TO INSPECT THE PROPERTY, AND IS RELYING SOLELY ON, OR HAS WAIVED, SUCH BIDDERS INSPECTION AND INVESTIGATION (i) IN DETERMINING WHETHER TO BID, (ii) IN DETERMINING THE AMOUNT OF A BID, AND (iii) IN BIDDING.
18. Announcements. Subject to the limitations set forth in these Bidder Terms, all terms and conditions and other announcements made by Bidworx, Inc on the day of the Auction are binding and take precedence over any advertisements or listings.
19. Bidders Inspection. By bidding, each Bidder acknowledges and agrees that such Bidder has had a full and fair opportunity to inspect the Property, and is relying solely on, or has waived, such Bidders inspection and investigation (i) in determining whether to bid, (ii) in determining the amount of a bid, and (iii) in bidding. Bidder accepts any and all risks associated with the purchase and/or use of the Property. Bidder agrees to defend, hold harmless, indemnify, and protect both Bidworx, Inc and Seller from any all claims of injury arising out of or relating to the purchase or use of the Property.
20. Description of Property. Unless otherwise expressly stated otherwise in writing, any description of Property is based solely on visual impression, and is given solely for identification purposes, and does not create any warranty, expressed or implied, or representation by Bidworx, Inc.
21. Contract of Sale for Personal Property. By operation of these Terms, no additional or further writing will be required to evidence the existence of a contract of sale for any Personal Property Knocked-Down at the Auction regardless of the Purchase Price, and these Bidder Terms, together with Bidworx, Inc clerking sheets or other physical or digital notation identifying the Lot, the Hammer Price, and the Buyer, will be conclusive evidence as to the terms of the sale. These Bidder Terms will be incorporated into the contract between each Buyer and Seller.
22. Bidding by or on Behalf of Seller. At an Absolute Auction there is no Seller bidding. The Seller or anyone acting on the Sellers behalf will not bid (directly or indirectly) on any Property put up at Absolute Auction. At a Reserve Auction, the Seller may bid on items and Bidworx, Inc may bid on behalf of the Seller.
23. Conduct of the Auction. Bidworx, Inc will regulate all matters relating to the conduct of the Auction and Bidworx, Inc decisions will be final and binding. Bidworx, Inc will have control over bidding, and Bidworx, Inc will resolve any and all disputes
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Hyster Model: H120FT, 12,000lb Capacity . Pnumatic Tires. LP Powered Forklift. 72" Forks. Runs and Drives.
Serial Number: P005V02879H
$100 Loadout Fee
Hyster Lot: NV
Watch it in action on YouTube!: https://youtu.be/XECwxO_iWS8
For Bidworx delivery information please telephone 2485749800.
=====================================================
BidSpotter Customer Service Support Department
Have a question pertaining to the bidding process?
Visit our Frequently Asked Questions!
You can also start a live chat with a Bidspotter Support Representative by selecting Live Chat at the top of Bidspotter.com. More information on our chat system can be found by clicking here.
Customer Support Hours:
Email: support@bidspotter.com
Office: 253-858-6777 Toll Free: 866-597-2437
Any items not picked up within 15 days of Auction Close Time will become the property of Bidworx, Inc. Any arrangements other than listed terms must be approved and arranged through Bidworx Support Team.
All pickup arrangements must be scheduled by emailing support - support@bidworx.com.
PICKUP LOCATION: 31440 Stephenson Hwy, Madison Heights, MI 48071 / 4890 E. Nevada Ave, Detroit, MI 48234
To make appointment contact Bidworx, Inc by phone 248-574-9800 or email support@bidworx.com
Loading Assistance is included with the purchase if noted.
Participation Requirements: Valid Credit Card required for bidding approval
Payment Options: Visa, MasterCard, Discover, and American Express, wire transfer or ACH payment.
Payment Instructions: There is a 18% online buyers premium in effect for all purchases made online. All items sell where is as is with no warranties or guarantees. Buyer is responsible to inspect all merchandise prior to placing bids.
Internet Premium: 18%
Sales Tax : 6% - Sales tax applied to Sale Price.
Payment terms: Cash, check, wire transfer, ACH or ATG Payment System acceptable. All payments are due immediately upon receipt of your invoice. All items must be removed within 10 days unless otherwise noted. Loadout available by appointment. Please call agent for more info. A 3% convenience fee will be added to all invoices paid by credit card. Buyer shall assume responsibility of all property when auctioneer says sold. Bidworx, Inc is not responsible for any missing or stolen items. Currency Type: USD
Bidder Terms and Conditions
There is a 18% online buyers premium in effect for all purchases made online. All items sell where is as is with no warranties or guarantees. Buyer is responsible to inspect all merchandise prior to placing bids.
1. Auctions Conducted Under These Terms. The Auction is conducted under and in accordance with these Terms, the Terms posted on Bidworx, Inc website, applicable law, and any announcements or corrections made by Bidworx, Inc during the Auction. By participating in the Auction, whether at the auction site, online, telephonically, or through any other means (including Absentee Bid), Bidder agrees to be bound by, and to abide by, these Terms.
2. Auctioneers Licensing and Bonding. Bidworx, Inc is licensed and bonded where required.
Auctioneer Corporation: Bidworx, Inc
3. Definitions. The following definitions apply to these Bidder Terms for each auction conducted by Bidworx, Inc:
Absentee Bid means a bid submitted in advance by an Absentee Bidder for the execution during the Auction. Absentee Bidder means a person or entity that submits an Absentee Bid. Absolute Auction or Absolute applies only if and when expressly indicated and means that property is to be sold to the highest bidder regardless of the amount of the final bid, with no limiting conditions, restrictions, or reservations. UNLESS SPECIFICALLY AND EXPRESSLY STATED BY Bidworx, Inc IN WRITING, NO PROPERTY IS BEING SOLD ABSOLUTE OR AT AN ABSOLUTE AUCTION. Auction means the auction sale at which Bidworx, Inc solicits bids, or is scheduled to solicit bids. Auction Site means the physical location of the Auction, or, for an Auction conducted entirely online, the location at which Property may be inspected. Bidder Number means the number or other identifier issued by Bidworx, Inc to a Registered Bidder for the purposes of identifying bids to such Registered Bidder. Bidder Registration means the information provided by a prospective Bidder, and the process of registering such prospective Bidder, to bid at the Auction, including the prospective Bidders agreement to be bound by these Bidder Terms. Broker Participation Fee means an amount that is paid to a broker who has participated in procuring a Buyer, or has otherwise assisted in facilitating the sale of Property at the Auction, under the Terms and in the amount established by Bidworx, Inc. "Buyer" means the Winning Bidder with respect to each Lot of Personal Property. "Buyer's Premium" is an amount with respect to each Lot of Personal Property sold at the Auction, calculated as a percentage of the Hammer Price, that is payable by the Buyer to Bidworx, Inc for Bidworx, Inc own account. Fall of the Hammer means the point, after bids have been received, at which Bidworx, Inc declares a Lot of Personal Property sold to Bidder acknowledged by Bidworx, Inc as having made the Winning Bid. During an auction that is exclusively online, the Fall of the Hammer will occur electronically at the end of timed (or extended) bidding. In an auction that is Subject to Sellers Confirmation, the Fall of the Hammer will occur on Sellers Confirmation of the High Bid Subject to Confirmation. Hammer Price means the high bid amount recognized by Bidworx, Inc with the Fall of the Hammer. High Bid means the high bid amount recognized by Bidworx, Inc at the conclusion of bidding on a Lot. High Bid Subject to Confirmation means the High Bid amount recognized by Bidworx, Inc at the conclusion of bidding on the Lot put up at Auction Subject to Sellers Conformation. If the High Bid Subject to Conformation is confirmed by Seller, it will be the Hammer Price. High Bidder means the Bidder recognized by Bidworx, Inc as having made the High Bid with respect to a Lot. "Knocked Down" or "Knock Down" means, with respect to any Property put up at the Auction, that Bidworx, Inc has acknowledged the Winning Bid with the Fall of the Hammer, or by announcing "sold", or by giving a similar such indication. Property may be Knocked Down electronically at the conclusion of a timed online auction event. Lot means each individual item or grouping of Personal Property offered at one time by Bidworx, Inc. No Sale occurs if Property is put up at the Auction but is not Knocked Down or sold, and Bidworx, Inc passes on such Property or declares a No Sale. Online Auction Platform means the hardware and software utilized to conduct the Auction online and to facilitate online bidding, including any associated, adjunct, and/or complementary websites, services, premiums and promotions. Online Auction Platform Provider means the provider of the Online Auction Platform and related services to conduct Auction online. "Online Bidding Period" means, with respect to an Auction conducted in whole or in part online, any established period during which bids may be tendered. Participant means any person who attends, or otherwise participates in, the Auction (in person or remotely). The term Participant includes, but is not limited to, Registered Bidders, Bidder, and Buyers. Personal Property means all tangible and moveable property, including fixtures, designated as Property. Pick-up means the act of picking up or removing sold Lots by respective Winning Bidders at the date(s), time(s), and location indicated for such during the Auction or as later agreed to by Seller and Buyer. Private Sale means an event in which Property is sold by Seller, or on Sellers behalf, other than at the Auction (including a sale at an auction conducted by a person or entity other than Bidworx, Inc). Private Sale Price means the fair market purchase price of the Property paid, or agreed to, at a Private Sale in an arms-length transaction between Seller and the purchaser of the Property. If the Property is sold through a Private Sale for less than its fair market value, or in a transaction that is not an arms-length transaction, or is gifted by Seller, the Private Sale Price will be an amount equal to the fair market value of the Property in an arms-length transaction. Property means the Real Property and the Personal Property. Purchase Price means an amount equal to the Hammer Price or High Bid Subject to Confirmation, as the case may be, plus the Buyers Premium. "Registered Bidder" means a person or entity that has registered to bid at the Auction. Registration Deposit means, if required by Bidworx, Inc, the deposit, in certified funds, made by a Registered Bidder in order to register for the Auction. Reserve or With Reserve means that Bidworx, Inc may Withdraw Property put up at Auction and/or bids may be rejected prior to the Fall of the Hammer. UNLESS SPECIFICALLY AND EXPRESSLY STATED OTHERWISE BY Bidworx, Inc IN WRITING, ALL PROPERTY IS BEING WITH RESERVE. Reserve Price means the minimum price that Seller is willing to accept for specific Property. Sellers Confirmation means Sellers confirmation, approval, and acceptance of the High Bid Subject to Confirmation acknowledged and recorded by Bidworx, Inc. Subject to Seller's Confirmation means, with respect to any Property expressly identified in this Agreement as being sold Subject to Sellers Confirmation, that after the High Bid Subject to Sellers Confirmation has been received and acknowledged by Bidworx, Inc, Seller may determine, in Seller's sole and absolute discretion, to (i) accept such bid or (ii) reject such bid. Winning Bid means the highest bid received and accepted (and if Subject to Sellers Confirmation, confirmed by Seller). "Winning Bidder" means the Bidder who is recognized by Bidworx, Inc as having made the Winning Bid. Withdraw refers to the circumstance in which the Property is removed from the Auction, or in which it is determined that such Property will not be offered or sold at the Auction.
4. Bidder Registration. All persons desiring to bid at the Auction, must register to bid and be issued a Bidder Number. In order to register to bid, each potential Bidder must provide such information (including identifying information and qualifications) as requested by Bidworx, Inc. Bidworx, Inc may refuse to accept a Bidder Registration from any potential Bidder, may refuse to issue a Bidder Number to any potential Bidder, and, if a Registered Bidder breaches any Bidder Terms or engages in improper conduct, Bidworx, Inc may revoke any Bidder Number. By registering to bid at the Auction, each Registered Bidder acknowledges and agrees that such Registered Bidder has read, understands, and agrees to be bound by, these Bidder Terms. In Bidworx, Inc discretion, bids may be received from a person who has not registered to bid, and by placing a bid accepted by Bidworx, Inc such unregistered Bidder will be bound by these Bidder Terms and will immediately complete a Bidder Registration.
5. Governing Law.
5.1 For Auctions in the State of Michigan and Online. Unless otherwise indicated, all Property is offered for sale in the State of Michigan, and will be sold in the State of Michigan. Notwithstanding the physical location of the Bidder or any Participant, these Terms are deemed to be entered into in the State of Michigan, all bids and payments are deemed to be received in the State of Michigan, and the contract, if any, will be deemed to be formed and entered into in the State of Michigan.
6. Buyer's Premium. All Property offered at the Auction is subject to a Buyers Premium, which will be paid by the Buyer to Bidworx, Inc for Bidworx, Inc own account. The Buyer's Premium will be calculated as a percentage of the Hammer Price, and will be added to the Hammer Price to determine the final Purchase Price. Buyer agrees to pay the Winning Bid plus the applicable Buyers Premium.
7. Access to Auction Site. Participants assume all risks associated with their presence at the Auction Site or their access to the online bidding platform utilized by Bidworx, Inc. Any person may be denied access to the Auction, the Auction Site, and the online bidding platform utilized by Bidworx, Inc, and may be removed at Bidworx, Inc discretion.
8. Nature of the Auction. This Property is being sold at the Auction in the manner indicated on the first page of this Agreement.
9. Bidding. Registered Bidders may only bid at the Auction by agreeing to be bound by these Bidder Terms. By bidding, each Registered Bidder acknowledges and agrees that such Registered Bidder has had a full and fair opportunity to read, and understands, these Bidder Terms, and affirms that such Registered Bidder is subject to and bound by these Bidder Terms.
10. No Bid Retraction. Bidder may not retract a bid that has been acknowledged by Bidworx, Inc or that has been submitted online. Bidder acknowledges and agrees that Bidworx, Inc is acting in reliance on tendered bids in the conduct of the Auction, and that bid retraction is disruptive and interferes with the Auction, and that, as an inducement for Bidworx, Inc to accept such Bidders Bidder Registration and for such Bidder to bid at the Auction, Bidder agrees not to withdraw or to attempt to withdraw any tendered bid that has been acknowledged by Bidworx, Inc.
11. Online Auction. The following terms and conditions apply if the Auction is conducted, in whole or in part, online:
11.1. Online Bidding Registration. Anyone desiring to bid online, or to establish the possibility of bidding online, will be required to create an online bidding account by completing all necessary forms and providing required information.
11.2. Bidder Terms and Conditions; Notices and Announcements. The Auction will be conducted in accordance with Bidworx, Inc Terms and any notices or announcements by Bidworx, Inc and/or posted on Bidworx, Inc website.
11.3. Posted Times. All times are based on the Eastern Standard Time zone unless stated otherwise. Posted closing times and time displays are approximate. Bidworx, Inc reserves the right to close early or extend the Auction at any time at Bidworx, Inc sole and absolute discretion.
11.4. Online Bidding Increments. Bidworx, Inc may establish bid increments, and may modify or change bid increments, in Bidworx, Inc sole and absolute discretion.
11.5. Records of Online Activity. Absent clerical errors, Bidworx, Inc records will be deemed final and conclusive.
11.6. Technology Disruptions. Bidworx, Inc will not be responsible for technology disruptions, errors, or failures (including disruptions to bidding or the failure to execute, recognize, or record online bids), whether caused by (i) loss of connectivity, breakdown, disruption, or failure of the Online Auction Platform, (ii) breakdown, disruption, or failure of a Bidder's internet connection, computer, or system, (iii) viruses or software malfunction, or (iv) otherwise. Bidworx, Inc may, but will not be required to, continue, suspend, delay, extend, reschedule, or close the Auction because of disruptions caused by technology failures, even after bidding has commenced.
11.7. Failures by Online Auction Platform Provider and its Affiliates or Contractors. Bidworx, Inc may use an Online Auction Platform Provider to facilitate the Auction. Under no circumstances will Bidworx, Inc be liable for any failure of the Online Auction Platform Provider to perform all or any of its obligations, or for the failure of any affiliates, employees, agents, representatives, or contractors of the Online Auction Platform Provider to perform their obligations.
11.8. Auto Extend Feature. Any Online Bidding Period may include an auto extend feature. This means that, if an online bid is entered within a set time period approaching the end of the established Online Bidding Period, the Online Bidding Period will automatically be extended for an additional amount of time in increments established by Bidworx, Inc, and will continue to be so extended until there is a set period of time that lapses during which no online bids are received, after which bidding will close.
11.9. Disclaimer. Bidworx, Inc makes no representations or warranties, and disclaims any representations or warranties, (i) that the Online Auction Platform or any related website or technology will be uninterrupted, error free or virus free, (ii) as to the results that may be obtained by using the Online Auction Platform or any related website or technology, or (iii) as to the accuracy, completeness, reliability, security, or current nature of the Online Auction Platform or any related website technology.
11.10. Responsibility for Online Bids. If a Winning Bid is sent to Bidworx, Inc from the computer of a Registered Bidder, and is, thereafter, confirmed by Seller, such Registered Bidder will be the Buyer.
11.11. No Reduction or Retraction of Online Bids. Online bids may not be reduced or retracted.
11.12. Competing Online and Onsite Bids. In the event of contemporaneously made online and onsite bids, Bidworx, Inc will determine which bid is the successful bid, and may, in Bidworx, Inc discretion, reopen the bidding.
11.13. Winning Bidders Subject to Certification by Bidworx, Inc. The final determination of the Winning Bidder is subject to certification by Bidworx, Inc; and any email or electronic message (whether generated manually or automatically) is subject to such certification.
12. Absentee Bids; Remote Bidding. At Bidworx, Inc discretion, Bidworx, Inc may receive Absentee Bids and/or bids tendered by remote Bidders (whether telephonically or otherwise). All prebids and maxbids placed online are considered absentee bids. Bidworx, Inc pledges complete integrity in the treatment of absentee bids and absentee bids may be initiated and advanced in accordance with Bidworx, Inc policies and procedures. Bidworx, Inc has the right to initiate any absentee bids at 50% of their maximum amount. Bidworx, Inc will make reasonable efforts to execute Absentee Bids, but Bidworx, Inc will have no liability to any Absentee Bidder for the failure to execute any Absentee Bids for any reason whatsoever. Each Absentee Bidder acknowledges and agrees that Property may be sold to another Bidder for the maximum amount of the Absentee Bid based on a bidding sequence that causes another Bidder to reach such amount first. If the execution of an Absentee Bid at its maximum amount would require Bidworx, Inc to accept a bid that is less than a full bidding increment, Bidworx, Inc has the sole and absolute discretion to accept or reject such bid. An Absentee Bidder may provide instructions to Bidworx, Inc to advance the bid by one or more bidding increments after the maximum amount of the Absentee Bid is, or would be, reached. Bidworx, Inc acts only as the agent of the Seller, and the receipt and/or execution of Absentee Bids will not create an agency relationship between Bidworx, Inc and any Absentee Bidder.
13. Bid Increments. Bid increments are established and controlled by Bidworx, Inc, and may be adjusted or modified in Bidworx, Inc sole and absolute discretion.
14. Registered Bidders Responsible for Bids Placed on Bidder Number. Each Registered Bidder is responsible for the Bidder Number issued to such Registered Bidder. Bidworx, Inc is not responsible for monitoring or policing the use of Bidder Numbers, and each Registered Bidder is responsible for all bids made on the Bidder Number issued to such Registered Bidder even if the Registered Bidder claims that the Bidder Number was lost, stolen, or misappropriated, unless notice of a lost, stolen, or misappropriated Bidder Number was provided to Bidworx, Inc prior to an unauthorized bid being made. Absent a clerical error, Bidworx, Inc recording of bids against a Bidder Number will be conclusive as to the making of such bid by, or on behalf of, the Registered Bidder.
15. Withdrawal of Property. Bidworx, Inc has the absolute right to withdraw any Property from the Auction prior to the Fall of the Hammer, unless the Property is explicitly provided that the Property is being sold at an Absolute Auction.
16. Winning Bid; Buyer. Pursuant to these Bidder Terms, the Bidder making the Winning Bid for any Lot of Personal Property will be the Buyer of such Property.
17. All Property Sold AS IS, WHERE IS, and WITH ALL FAULTS. ALL PROPERTY IS BEING OFFERED AND SOLD IN ITS AS IS/WHERE IS CONDITION AT THE TIME OF THE AUCTION, WITH ALL FAULTS, INCLUDING ANY HIDDEN DEFECTS OF ANY NATURE. NEITHER Bidworx, Inc NOR SELLER MAKES ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE NATURE, VALUE, SOURCE, AUTHENTICITY, FITNESS, MERCHANTABILITY, AND/OR ANY OTHER ASPECT OR CHARACTERISTICS OF SUCH PROPERTY. NO STATEMENT ANYWHERE, WHETHER EXPRESS OR IMPLIED, INCLUDING VERBAL STATEMENTS MADE BY Bidworx, Inc, WILL BE DEEMED A WARRANTY OR REPRESENTATION BY Bidworx, Inc OR SELLER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO WARRANTIES OF TITLE, NON-INFRINGEMENT, AUTHENTICITY, ORIGIN, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EACH BIDDER ACKNOWLEDGES AND AGREES THAT HE, SHE, OR IT CANNOT RELY, AND HAS NOT RELIED, ON ANY REPRESENTATION, WARRANTY, OR GUARANTY MADE BY THE SELLER OR ANYONE ACTING AS AGENT OF THE SELLER, ORALLY OR IN WRITING, ABOUT THE PROPERTY, OR ANY OF IT. BY BIDDING, EACH BIDDER ACKNOWLEDGES AND AGREES THAT SUCH BIDDER HAS HAD A FULL AND FAIR OPPORTUNITY TO INSPECT THE PROPERTY, AND IS RELYING SOLELY ON, OR HAS WAIVED, SUCH BIDDERS INSPECTION AND INVESTIGATION (i) IN DETERMINING WHETHER TO BID, (ii) IN DETERMINING THE AMOUNT OF A BID, AND (iii) IN BIDDING.
18. Announcements. Subject to the limitations set forth in these Bidder Terms, all terms and conditions and other announcements made by Bidworx, Inc on the day of the Auction are binding and take precedence over any advertisements or listings.
19. Bidders Inspection. By bidding, each Bidder acknowledges and agrees that such Bidder has had a full and fair opportunity to inspect the Property, and is relying solely on, or has waived, such Bidders inspection and investigation (i) in determining whether to bid, (ii) in determining the amount of a bid, and (iii) in bidding. Bidder accepts any and all risks associated with the purchase and/or use of the Property. Bidder agrees to defend, hold harmless, indemnify, and protect both Bidworx, Inc and Seller from any all claims of injury arising out of or relating to the purchase or use of the Property.
20. Description of Property. Unless otherwise expressly stated otherwise in writing, any description of Property is based solely on visual impression, and is given solely for identification purposes, and does not create any warranty, expressed or implied, or representation by Bidworx, Inc.
21. Contract of Sale for Personal Property. By operation of these Terms, no additional or further writing will be required to evidence the existence of a contract of sale for any Personal Property Knocked-Down at the Auction regardless of the Purchase Price, and these Bidder Terms, together with Bidworx, Inc clerking sheets or other physical or digital notation identifying the Lot, the Hammer Price, and the Buyer, will be conclusive evidence as to the terms of the sale. These Bidder Terms will be incorporated into the contract between each Buyer and Seller.
22. Bidding by or on Behalf of Seller. At an Absolute Auction there is no Seller bidding. The Seller or anyone acting on the Sellers behalf will not bid (directly or indirectly) on any Property put up at Absolute Auction. At a Reserve Auction, the Seller may bid on items and Bidworx, Inc may bid on behalf of the Seller.
23. Conduct of the Auction. Bidworx, Inc will regulate all matters relating to the conduct of the Auction and Bidworx, Inc decisions will be final and binding. Bidworx, Inc will have control over bidding, and Bidworx, Inc will resolve any and all disputes
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