Waukesha positive displacement pump, model 015, s/n N/A, gear head motor drive, no base

Auction Bidder Agreement

Bidder and Auctioneer agree that the Terms and Conditions listed below shall govern this Online Auction sale:

1. All persons seeking to register to bid must present a valid credit card to register online.  In addition, Auctioneer reserves the right to verify the validity of all cashier's checks or certified funds drawn from lending institutions.

2. The "Bidder" becomes a "Buyer" upon the closing of the lot and the Auctioneers acceptance of their bid on one or more items owned by Chobani, LLC and/or its affiliates (“Seller”) in the Auction sale.

3. FULL PAYMENT must be made immediately for your purchase at the Auction.  Following the Auction you will receive an invoice via email that will detail your winning bids.  Your payment should be made in the form of:  Credit Card (up to $5,000), or wire transfer (see wire instructions on invoice) upon receipt of your invoice.  Special arrangements can be made for company check with bank letter of guarantee, cashier's check, or certified check.  Contact Auctioneer for details upon receipt of your invoice. ALL INVOICES MUST BE PAID BY August 12, 2016.

4. Items left unpaid for more than 48 hours will be resold at the risk and expense of the Buyer.   In the event that a Buyer fails to pay the entire purchase price (in addition to the Buyer's premium and any applicable tax) within 48 hours or otherwise fails to comply with these Terms and Conditions, Auctioneer and the Seller will retain any deposit paid as liquidated damages without notice.  Auctioneer and the Seller reserve the right to resell such items without notice, and the defaulting Buyer shall be liable to Auctioneer and Seller for any resulting deficiency, including costs incurred in storing and reselling such items.

5.   Auctioneer shall charge and collect from each Buyer a Buyer's premium of 18% for each sale at the Auction, in addition to the purchase price.  An additional convenience fee of 3% shall be added to the purchase price for buyer’s who pay in the form of Mastercard or Visa (credit card limit up to $5,000 only). 

6.   All items in the Auction shall be sold to the highest bidder; provided, however, that some items may be auctioned with minimum reserve prices, and/or subject to Seller's right of confirmation. Auctioneer reserves the right to reject any bid that is only a minimal increase over the preceding bid, that is not commensurate with the value of the item being offered or that Auctioneer believes was made illegally or in bad faith. Further, Auctioneer may bid at the Auction either for its own account or on behalf of the Seller or a third party.  All sales are final.  No returns or refunds will be permitted for any reason whatsoever.

7.    Collection of applicable taxes will be in accordance with the laws of New York and/or Idaho depending on the location of the items purchased.  Auctioneer reserves the right to charge and collect tax on all purchases, shifting the burden of determining any 'tax exempt' status to the purchaser (if applicable).  In such case tax refunds will be issued by the respective state.  Some items in this sale may be subject to U.S. export control regulations.

8.    Prior to commencing any removal activities the Buyer and/or their agent rigger must supply an insurance certificate to the Auctioneer which evidences a minimum liability coverage of $1,000,000 and names the Auctioneer and Seller as additional insured.

9.     Some items are being sold “loaded on customer truck” with an additional loading fee as noted in the catalog which will be added to your invoice.  Unless otherwise noted in the catalog, the removal and shipment of purchased items will be the sole responsibility of the Buyer.  For items that are the buyers responsibility to rig please note that NO MATERIAL HANDLING EQUIPMENT OR TOOLS WILL BE MADE AVAILABLE BY THE SELLER OR AUCTIONEER FOR BUYERS' USE DURING ITEM REMOVAL.   Removal dates are BY PRIOR APPOINTMENT ONLY.  All purchases must be removed by August 31, 2016.  Additional charges will apply to any Buyer that holds over or requests additional time to remove their purchases.

10.  The Buyer becomes fully responsible for, and assumes all risk of loss and damage to items purchased upon entry onto Seller’s site for removal from the Auction site whether or not the removal deadline has passed.  If the Buyer does not remove an item within the announced removal period, Auctioneer and the Seller may, in their sole discretion, deem the item to have been abandoned by the Buyer and the Buyer will have no further rights with respect to the item.

11.  In the event of any dispute concerning the winning bid price for an item, the record kept by Auctioneer shall control.  In any dispute between two or more bidders, the Auctioneers decision shall be absolute and final.

12.  ALL ITEMS ARE SOLD AS IS, WHERE IS AND WITH ALL FAULTS.  NEITHER SELLER NOR AUCTIONEER MAKES ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE NATURE, QUALITY, VALUE OR CONDITION OF ANY ITEM.  AUCTIONEER AND SELLER EXPRESSLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

13. No sale shall be invalidated by reason of any defect or inaccuracy in any description or listing, and no liability shall be borne by the Auctioneer with respect to such errors.  All information has been obtained from sources generally believed to be reliable, but the accuracy cannot be guaranteed or warranted by the Auctioneer.  Bidder acknowledges it is their responsibility to inspect all items and to make their own inquires.

14.  The liability of Auctioneer in respect of any other loss or damage suffered by a Buyer and arising out of or in connection with these Terms and Conditions or arising out of or in any way connected with a Buyer's participation in the Auction, whether in contract, tort (including negligence) or for breach of statutory duty or in any other way, shall not exceed the Buyer's premium paid by the Buyer, in each case in respect of the goods which are the subject of the claim. Seller shall have no liability to Buyer.

15. The Buyer agrees to indemnify, defend and to hold harmless the Seller and/or Auctioneer and their respective affiliates, and also their respective officers, directors/managers, agents and employees from and against any and all claims, demands, liabilities, judgments, damages, settlements, costs and expenses (including but not limited to court costs and attorneys’ fees) that may be sustained or incurred by the Seller and/or Auctioneer as a result of any acts or omissions of the Buyer and/or any Buyer’s agent arising out of or in any way connected with the Buyer's participation in the Auction.

16.  Buyers acknowledge that an Auction site or the Seller's site is a potentially dangerous place and that Bidders and/or Buyers must comply with all site requirements/directives of Seller.  Flammable, noxious, corrosive and pressurized substances may be present.  Heavy equipment may be operated, and electrical circuits may be live.  Every person enters such site at his or her own risk with notice of the condition of the premises and the activities that will be or have been conducted on the premises.  Buyers shall so advise their agents and employees.  No person shall have any claim against Auctioneer, the Seller or their respective agents or employees for any injuries sustained or for damages to or loss of person or property that may occur at such site.

17. These Terms and Conditions are incorporated and merged with any sale specific Terms and Conditions that may be distributed via our online bidding site and or at the physical auction location.

Terms and Conditions for online auction of assets surplus to the ongoing operations of Chobani, LLC), Aug 10, 2016. v1.