Toyota Model 7FGCU25 5,000-Lb Capacity Forklift

TERMS & CONDITIONS OF SALE

THIS IS AN ONLINE AUCTION BEING HELD ON WEDNESDAY, SEPTEMBER 30^TH, 2020 BEGINNING AT 10:00 A.M. (CT).  ALL ITEMS ARE BEING PRESENTED FOR SALE AS IS/WHERE IS, WITHOUT WARRANTY OF ANY KIND EXPRESSED OR IMPLIED.  A 15% BUYERS PREMIUM WILL BE APPLIED TO ALL PURCHASES. CREDIT CARDS WILL BE ACCEPTED FOR PURCHASES UP TO $10,000. A 3% PROCESSING FEE WILL BE ADDED TO ALL CREDIT CARD PURCHASES.

1. REGISTRATION – All bidders must register for the sale providing name (& business if applicable), address, reliable contact phone number, email address, valid credit card number and bank letter (if paying by check). Credit Card information is utilized to validate the registrant and will not be used as payment without express authorization from the buyer after the sale. Complete registration information is vital to being quickly approved for the sale.  Incomplete registrations may not be approved at the discretion of ATEC.  By registering, the bidder acknowledges that they have read, accept, and agree to abide by the terms set forth in this document and the Terms & Conditions of Invoice attached to this document.  It is the registrant’s responsibility to seek clarification of any terms and conditions not clearly understood or left undefined within this document. 

2. DEPOSIT – International bidders (outside of the US) must contact the auctioneer directly and may be subject to deposit.

3. INSPECTION – Items are located at three sites, as identified on each lot. Inspection will take place at all three locations on Tuesday, September 29^th, 2020 from 9:00 A.M. to 4:00 P.M.

The addresses are:

• 39 N Broadview St. in Cape Girardeau, MO 63701,
• 800 Giboney St. in Cape Girardeau, MO 63701
• 94 Sandler Dr. in Perryville, MO 63775

Inspections prior to this date can be arranged by appointment through Ryan Rombach (314) 648-9596 or via email rrombach@atec-inc.com.

4. BIDDING – All bidders must be registered to participate in this sale.  A 15% Buyer’s Premium will be added to the sale price of all purchases. Placing a bid acknowledges that the bidder has read, accepted, and agrees to abide by the terms set forth in this document.  Placing a bid also signifies a contractual intent to purchase at the specified bid amount and cannot be rescinded.

5. PAYMENT – All sales must be paid in full within 2 business days of the sale closing. ATEC accepts Cash, Cashier’s Check, Check with Bank Letter, Credit Cards (up to $10,000), and Wire Transfer as payment. A 3% processing fee will be added to all credit card purchases. If paying with a credit card, the buyer waives their rights to file a credit card dispute, as all items are released to the buyer immediately following payment, and all items are sold “As Is/Where Is”. A 15% Buyers Premium will be added to the sale price of all purchases. Sales tax in the amount of 7.975% will be added to all applicable sales. Any unpaid purchases will be re-sold at the auctioneer’s discretion. Titles will be mailed 5-7 business days after payment is received.

6. REMOVAL – Removal is the sole responsibility of the buyer.  The auctioneer is not responsible for preparing items for shipping or removal.  No Items will be released until that item has been paid for in full and a copy of the paid invoice is presented to an ATEC representative. 

Removal of all items will take place Thursday, October 1^st & Friday, October 2^nd, 2020 from 9:00 A.M. to 4:00 P.M. Removal will continue by appointment only through Friday, October 16^th, 2020.

If you have questions regarding removal or need to coordinate removal after Friday, October 2^nd, 2020 contact Ryan Rombach (314) 648-9596 or via email rrombach@atec-inc.com.

Purchasers/Movers/Riggers are responsible for utility disconnections including: Proper disconnection and termination of all electrical, water and/or air lines to their items; The removal, off the premises, of all hazardous waste or oil contaminants contained within or on the purchased assets must comply with all environmental laws; All gas line terminations and electrical disconnections must be done in accordance with any federal, state, or local codes. All electrical wire must be removed back to the breaker box. Purchasers/Movers/Riggers will be held liable for all costs relating to damages and repairs to personal property and/or premises because of their negligence and/or their activities.

If you employ someone to remove your purchases, they must provide a copy of the paid invoice to our representatives on site.  ALL PROFESSIONAL MOVERS MUST PROVIDE ATEC WITH A CERTIFICATE OF INSURANCE PRIOR TO REMOVING ANY ITEMS.

NO ITEM WILL BE REMOVED WITHOUT PROOF OF PURCHASE AND PAYMENT – NO EXCEPTIONS! Any items not removed OR SCHEDULED FOR REMOVAL by October 16^th, 2020 at 4:00 P.M. will be considered abandoned and resold.

7.  MERCHANDISE – All items are being sold AS IS/WHERE IS without warranty or guarantee of any kind expressed or implied.  Neither the auctioneer nor the seller shall be responsible for discrepancy in description or nomenclature.  The auctioneer does not own any of the items in the sale and is working on behalf of the seller.  The auctioneer reserves the right to remove, on behalf of the seller, any items identified by the seller to have a clear defect or legal encumbrance not initially known and identified at the time of posting.  Neither the auctioneer nor the seller shall be held responsible for any issues related to the safe handling and transport of item(s) purchased, as removal is the responsibility of the buyer.

IT IS YOUR RESPONSIBILITY TO CLARIFY ANY OF THE TERMS OR CONDITIONS PRIOR TO BIDDING ON ANY ITEMS. 

QUESTIONS CAN BE DIRECTED TO:

KATI KINGDON AT ATEC (314) 778-9898 OR KKINGDON@ATEC-INC.COM 

TERMS AND CONDITIONS OF INVOICE

BUYER SHALL BE DEEMED TO HAVE ACCEPTED THE INVOICE TERMS AND THESE TERMS AND CONDITIONS BY TENDERING THE PURCHASE PRICE TO SELLER OR TAKING POSSESSION OF THE GOODS, WHICHEVER OCCURS FIRST.

The accompanying invoice and these terms and conditions of sale (these "Terms") are the only terms which govern the sale of the goods set forth in the invoice ("Goods") by OSP LLC d/b/a ATEC, the seller named on the invoice ("Seller") to the buyer named on the invoice ("Buyer"). Notwithstanding anything herein to the contrary, if a written contract signed by both parties is in existence covering the sale of the Goods covered hereby, the terms and conditions of said contract shall prevail to the extent they are inconsistent with these Terms.  These Terms prevail over and shall supersede and replace any of Buyer's general terms and conditions of purchase regardless whether or when submitted or delivered by Buyer.

Risk of loss for the Goods passes to Buyer once the auction for the Goods closes.  Title of the Goods passes to Buyer upon delivery by Buyer of the purchase price for the Goods.  All prices are exclusive of all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any governmental authority on any amounts payable by Buyer. Buyer shall be responsible for all such charges, costs and taxes.

ALL SALES ARE FINAL WITH NO REFUNDS, RETURNS, OR EXCHANGES.  Buyer accepts that the Goods are being sold "AS IS, WHERE IS, WHERE CURRENTLY LOCATED, WITH ALL FAULTS," irrespective of where the Goods may be located, without any warranties or representations of any kind by Seller to Buyer.  Buyer acknowledges and agrees that it has had a full opportunity to inspect the Goods prior to sale.  Buyer further acknowledges and agrees that it and its agents have relied and are relying solely on their own skill and experience in inspecting the Goods and has neither relied upon the skill or judgment of the Seller nor believes the Seller or its agents possess any special skill or judgment in inspecting the Goods.  SELLER EXPRESSLY DISCLAIMS, AND BUYER EXPRESSLY WAIVES, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, COURSE OF DEALING, CUSTOM AND PRACTICE, OR OTHERWISE, REGARDING THE GOODS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES WITH RESPECT TO THE QUALITY, CONTENT, CONDITION (INCLUDING, WITHOUT LIMITATION, PHYSICAL AND ENVIRONMENTAL CONDITION) OR USE OF THE GOODS. SELLER SHALL NOT BE LIABLE FOR AND BUYER HEREBY RELEASES SELLER AND ITS EMPLOYEES, MEMBERS, MANAGERS, AND AGENTS FROM ANY DAMAGES WHATSOEVER, INCLUDING SELLER’S ATTORNEY FEES, RELATING TO OR ARISING FROM THE GOODS, INCLUDING, WITHOUT LIMITATION, ANY AND ALL DIRECT, INCIDENTAL, AND CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY IN TORT).  SELLER HAS MADE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, TO THE BUYER CONCERNING THE FITNESS OF THE GOODS FOR THE PARTICULAR PURPOSES OF THE BUYER, IF ANY, AND SELLER ASSUMES NO RESPONSIBILITY FOR THE CONDITIONS, SAFENESS, USABILITY, REPAIR OR FITNESS OF THE GOODS.  THERE IS NO WARRANTY RELATING TO TITLE, POSSESSION, QUIET ENJOYMENT, OR THE LIKE IN THIS DISPOSITION.