(1) Unused 40 taper tool holder as photographed

AUCTION BIDDER AGREEMENT – Surplus to Metal Locking Service

Bidder and Auctioneer agree that the Terms and Conditions listed below shall govern this online only auction sale:

1.) These terms bind the auction sale of equipment surplus to ongoing operations of Metal Locking Service on May 18, 2021. All persons seeking to register to bid acknowledges acceptance of these terms of sale, and guarantees prompt payment of all purchases by cash, wire transfer, credit card or company check. No items will be removed prior to full payment, with all funds having cleared our accounts. The “Bidder” becomes a “Buyer” upon the Auctioneer’s acceptance of their bid on one or more items in the auction sale. All sales are final. No returns or refunds will be permitted for any reason whatsoever.

2.) FULL PAYMENT must be made immediately for your purchase at the Auction, we DO NOT automatically charge your credit card for sales on the BidSpotter platform. This payment should be made in the form credit card (up to $5,000 via phone) or wire transfer (wire instructions on request), or by cash on the first day of removal. Buyers who place winning bids online will receive an unpaid invoice at the conclusion of the auction by email and will have to contact our office at auctions@blackbirdauctions.com or 716-632-1000 to let us know how you intend to pay. All credit card charges carry a 3% convenience fee, and are as-is, no refusals, turn-backs, or charge-backs permitted. For those bidding online with invoices over $5,000, or those wishing to pay by cash, company check or wire transfer, please contact auction office prior to the auction to make arrangements. FULL PAYMENT must be made immediately for your purchase at the auction.

3.) 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, the Auctioneer and the Seller will retain any deposit paid as liquidated damages without notice. The 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.

4.) Auctioneer shall charge and collect from each Buyer an 18% buyer’s premium for each sale at the Auction, in addition to the purchase price as bid. Buyers that pay by credit card will be charged a 3% convenience/credit card fee in addition to any buyer’s premiums so noted. All buyers are subject to this additional 3% convenience / credit card fee if they pay by credit card.

5.) Collection of applicable taxes will be in accordance with the laws of New York State. Sales tax for Erie County, NY is 8.75%. 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. If you are entitled to a sales tax exemption, please contact our office before May 17, 2pm ET to clear sales tax exemption. Buyers who fail to clear sales tax exemption prior to May 17, 2pm ET will be charged sales tax and must file with New York State for any refund to which they may be entitled due to exemption.

6.) For any purchase paid in cash with a value of $10,000 or greater, Buyer is required to complete Department of the Treasury Internal Revenue Service form 8300 (https://www.irs.gov/pub/irs-pdf/f8300.pdf) at the time of purchase.

7.) Inspection: Open inspection will be held on site May 17 from 9:00 AM until 3:00 PM, or otherwise by prior appointment. Contact auctioneer at auctions@blackbirdauctions.com to inquire about an inspection appointment.

8.) Removal: Arrangements for removal of purchased items will be the sole responsibility of the Buyer. Removal of small and hand carry items will be Wednesday, May 19 from 9:00 AM – 3:00 PM ONLY. All equipment requires the buyer to engage an insured rigger to remove the equipment from the property, and all equipment must be removed not later than June 4. No forklift will be available for any auction removal use, there is no weekend removal allowed. Additional charges will apply to any buyer who holds over beyond June 4, or requests additional time to remove their purchases. Please see our website for approved rigger contact information. All buyers must comply with the removal and rigging terms noted herein. We can provide pack-and-ship services for tooling items only for out-of-town buyers for an additional fee, please contact the auctioneer for details.

9.) The Buyer becomes fully responsible for and assumes all risk of loss and damage to items purchased until items are removed 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.

10.) 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 Auctioneer’s decision shall be absolute and final.

11.) 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 any bid 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, unless authorized by the Seller in writing.

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 prior to their bidding. Inspection is May 17 from 9:00 – 3:00 pm or can otherwise be made prior to the auction by appointment, please contact auctioneer for details and to make an inspection appointment if necessary.

14.) Use of Technology: Independent third-party service providers are responsible for supplying and maintaining various online electronic bidding platforms used in connection with online bidding, and as such each Bidder is subject to a set of terms specific to that service provider, typically agreed to upon registration with respective platform. Bidder acknowledges that neither the Auctioneer nor the Seller will be held responsible for any interruption in service, slow connection speeds, errors, and/or omissions, or any other complication encountered during the course of any online bidding. Auctioneer cannot guarantee continuous, uninterrupted or error free service for any online bidding. Bidder acknowledges that online bidding is conducted electronically and relies on hardware and software that may malfunction without warning, and by use of these platform(s) each Bidder agrees to indemnify and hold harmless Auctioneer and/or the Seller from any and all claims that may arise from use of any online bidding platform. Auctioneer may, in its sole discretion, void any sale, temporarily suspend bidding and/or re-sell any item/lots that may have been impacted by any malfunction of an electronic bidding platform.

15.) The aggregate respective liability of Seller or 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 (i) in the case of the Seller, the amount of the purchase price paid by the Buyer; and (ii) in the case of the Auctioneer, the Buyer's premium paid by the Buyer, in each case in respect of the goods which are the subject of the claim.

16.) Computers, drives and other electronic equipment may contain copywritten software that is governed by a license agreement issued to a third party.  In such event the Buyer acknowledges that said software and license agreement(s) are not included in their purchase(s).  Buyer guarantees the destruction of any personally identifiable information that may be stored on such devices, and shall indemnify and hold harmless the Auction Company and their Seller from any claims, suits or other actions brought against them that relates in any way to personally identifiable information or any other data that remains on such devices, latent or obvious.

17.) Buyers acknowledge that an Auction site or the Seller’s site is a potentially dangerous place. 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.

18.) COVID-19 related issues: By participating in this auction event Buyer acknowledges their understanding of the current pandemic as it relates to the use of social distancing from other human beings in order to protect themselves and others. Buyer agrees to practice social distancing (as that term is generally known), to limit their contact with other individuals, to wear protective equipment as may be necessary (breathing/face mask, gloves, coveralls), and to adhere to auction day and removal instructions and guidelines as they may be presented at the site. By participating in this auction event, the Bidder agrees to indemnify and hold harmless the seller and/or Auctioneer from any and all claims or actions for any reason whatsoever, including but not limited to those related in any way to COVID-19 or other pandemic related issues.

19.) These Terms and Conditions are incorporated and merged with any sale-specific Terms and Conditions which may be distributed via our website at www.blackbirdauctions.com and / or at the physical auction location.

Terms and Conditions for online auction of Metal Locking Service Surplus, May 18, 2021 R1