Barry Blower 490 ESI CW Efficient Silent Inline Fan

Terms of Sale

NOTICE: All Bidders and other persons participating in this auction ("Buyer") agree that they have read and have full knowledge of these terms and agree to be bound hereby. The Bidder identified by the Auctioneer as the high bidder or successful bidder at auction (“successful Bidder”) shall have entered into a legally binding contract to purchase the item bid upon (“Lot”) at the price and subject to the terms and conditions set forth herein. All determinations, rulings, and adjustments made by the Auctioneer in good faith shall be final, binding, and conclusive upon all Bidders. The term “Auctioneer” herein means RBI Equipment Sales and Surplus and abbreviated as RBIESS within these Terms.

These terms & conditions (the "Terms") that shall apply to any purchase by any party (a "Buyer") either directly from RBIESS its employees, agents or representatives, herein after referred to as ("RBIESS") or in a transaction (a "Transaction") in which RBIESS serves as broker, agent, liquidator, auctioneer.  These terms apply to all Transaction conducted by RBIESS, without limitation. Terms shall remain in effect until either revoke in writing by the Buyer (Buyer withdrawal does not void previous sales terms) or by RBIESS at their discretion.  If any provisions of these Terms are deemed to be illegal, invalid, or unenforceable, the legality, validity, & enforceability of the remaining shall not be affected.  Terms of Sale may vary for each auction and are written for and apply to auctions both live, sealed bid, online and/or simulcast. These auctions will be conducted within the framework of these rules listed herein and other provision that may be added by RBIESS via e-mail or as posted on with a specific auction event. Buyer is responsible for the understanding of any payment, requirements, fees, premiums, other contracts, supplements & deadlines.

All registration information the Bidder provides to Auctioneer shall be current, complete, and accurate. Bidders must be 18 years of age or older. Bidder agrees to not use any device, software or routine to interfere or attempt to interfere with the proper working of or any transaction being conducted on and during the auction sale

 1.         Sale… constitutes all property including but not limited to equipment, vehicles, merchandise, etc... hereafter referred to as: ("Goods").  The Buyer understands & agrees: (1) the condition of item(s) offered may vary. (2) any description, sample or photograph of the item(s) furnished is solely for identification, & does not create any warranty expressed or implied. In the event of a discrepancy, the descriptions or announcement(s) will be the basis for confirmation of item(s).  (3) buyer has inspected or has had the opportunity to inspect, all of the item(s) upon which Buyer will be bidding and/or purchase, (4) all item(s) are purchased & accepted by Buyer "AS IS", "WHERE IS" AND "WITH ALL FAULTS".  WARRANTY AND CONDITION OF ITEMS SOLD: ALL LOTS AND ITEMS ARE SOLD AS IS, WHERE IS, WITH ALL FAULTS, AND WITH NO EXPRESS OR IMPLIED WARRANTIES.  THIS SALE IS A SALE WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES.  NO ACTION TAKEN BY RBIESS OR ITS AGENTS IS INTENDED TO CREATE ANY EXPRESS OR IMPLIED WARRANY AS TO ANY LOT OR ITEM IN THIS SALE.  RBIESS SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, CONFORMITY WITH ENVIRONMENTAL LAWS OR REQUIREMENTS, NON-INFRINGEMENT, ACCURACY, TITLE, OR ANY OTHER STATUTORY OR COMMON LAW WARRANTY.  IT IS BELIEVED THAT ALL DESCRIPTIONS ARE ACCURATE DESCRIPTIONS ARE NOT GUARAUNTEED.

2.         Payment… US Dollars… Invoices for item(s) must be settled for within the time from set for the auction event. No items can be removed until full payment is made.   This can include: Cash, Approved Check, Bank Transfer (Please see sample letter), or Approved Credit Cards. FOR ONLINE BIDDING: In order for RBIESS to process your winning bid, you must have a working Visa, MasterCard or Discover associated with your account.  Payments greater than $10,000.00 must be made as a wire transfer or approved company check with bank letter.  After you have registered for this online auction, RBIESS may authorize the credit card you have placed on file for up to $5000.00.  This deposit is not a charge, only an authorization hold; if you decide not to make any bids during this auction, or if none of your bids are successful, RBIESS will not take any money from your account, and the authorization hold on your deposit will be lifted in accordance with the procedures of your credit card provider.  All cards are verified for $1.00 at time of registration to verify accuracy of information.

3.         Taxes… Buyer must also pay to RBIESS all applicable taxes, unless buyer has provided RBIESS tax exemption certification in a form, scope & substance to RBIESS standards. Applying for Tax-Exempt Status: If you wish to apply for tax-exempt status, you must submit a completed copy of RBIESS's tax-exempt form prior to this auction's closing.  Once you have completed your tax-exempt form, please e-mail the form to sam.howard@essindustrial.com so that we can review your information.  If you do not follow the procedures discussed in this paragraph, RBIESS will be unable to consider identifying you as exempt from taxation, and you will have to apply directly to the applicable state for a refund.  Please also note that, depending on the state whose sales tax applies, submission of RBIESS's tax exempt form may not be sufficient to entitle you to tax-exempt status.  Please review the form and its contents carefully, and contact RBIESS with any questions you may have.

4.         Auction fee… RBIESS at its sole discretion may impose a buyer auction fee (buyer's premium) on any item(s) offered for sale.  This fee will be added to the final bid price of any item & will be become the total amount due (excluding taxes). Item fees…. RBIESS at its sole discretion may impose a fee for bids placed live or through the internet for certain items (i.e.…loading, rigging, firearm transfer, vehicles title services, etc…). These fees will be shown in the description of the item(s) or announce prior to the auction start or listed in supplement terms for the auction event. This fees will be added to the invoice total of each item & will be become the total amount due (excluding taxes) to be paid by you the buyer.

5.         Buyer's Responsibility & Removal… The bidder's number is nontransferable. The buyer is responsible for all goods once the item(s) have been charged to them & full ownership will pass to the buyer, subject to full payment.  Conditions of the item(s) as well as their security etc… are the responsibility of the buyer, & may be removed once the item(s) has been paid for.  No adjustment will be made for any item(s) which are uncounted for, damaged etc… once they have been mark sold & charge to the Buyer.  Buyer is solely responsible to provide personnel, equipment or material needed to pick up item(s) & assumes all responsibility for the removal of purchases & any and all risks associated with such removal including, without limitation, the responsibility for providing licensed, qualified & bonded professionals to ensure proper disconnection from all utilities. Bidder's Duty to Inspect and Investigate:  You acknowledge that RBIESS is providing you with the opportunity to inspect the items being offered for sale in this auction.  RBIESS strongly encourages you to attend the scheduled inspection for this auction. If you choose not to attend the scheduled inspection and are in doubt about the condition, completeness or suitability of a given item, please bid accordingly.

• Photographs and Descriptions:  RBIESS regularly posts item descriptions and photographs to aid bidders in the bidding process, and we make every effort to ensure that the descriptions and photographs that we post accurately represent the items being offered for sale.  In some photographs, multiple items may appear to be joined as a single unit, however you should not assume that a lot consists of more than one item simply because various items appear connected or are featured in the same photograph.  Also understand that, on occasion, the wrong photograph may be displayed for a given item.  At all times, you are bidding on items as they are described on this website, not as they appear in any photograph.
• CHOOSE WISELY:  We want everyone to get a good deal and most will.  However, when you bid on the wrong item or decide an item is not suited for your intended use, our clients will not assume the cost of your mistakes.  You agree that your failure to inspect or otherwise become fully informed about the items offered for sale in this auction will not be grounds for a refusal to pay amounts due to RBIESS nor for any claim against RBIESS.
• Picking Up Your Items:  You are solely responsible for the safe and timely pick-up and removal of any items you may win at this auction.  If you are unable to safely pick up and remove your items during the removal times that have been scheduled for this sale, PLEASE DO NOT BID.  RBIESS does not ship, nor does RBIESS hold items beyond the published removal times.  We can recommend companies in the shipping business that will assist you. Please make arrangement for shipping by third party prior to bidding. (See Shipping).  RBIESS will not issue you a refund if you are unable to pick up and/or safely remove your items during the published removal times.
• Bidder's Duty to Remove Items Safely:  Again, you are solely responsible for the safe pick-up, removal, and transportation of your items.  You agree that the pick-up, removal, and transportation of your items will be solely at your expense and at your risk.  You further agree that you will be responsible for any damage that you or any of your agents cause during any preview or removal period, and also agree that the credit card associated with your online account will be charged for any expenses incurred and/or repairs necessary as a result of any damage that you cause.
• Release Upon Presentation of Receipt:  You understand and agree that RBIESS will release your items only after you or your agent presents a sales receipt generated by RBIESS stating that your account is paid in full.  You further understand and agree that it is your duty to ensure that any agent picking up items on your behalf has a copy of your paid sales receipt to present at the pick-up location.  You explicitly authorize RBIESS to release your items to any person in possession of your paid sales receipt.  No item will be released to any person unless that person presents a paid sales receipt listing the item in question.
• Abandonment:  You understand and agree that any item that you do not pick up during the published removal times will be considered abandoned.  You understand and agree that you will be charged a reasonable fee for the storage, removal, and/or disposal of any item that is considered abandoned.

6.         Sale of Goods… All sales are final.  A successful bid at auction, whether live or online, constitutes a legally binding contract of sale. No refunds, returns or exchanges. Disposal of Unclaimed Items:  In the event you refuse to pay for or abandon any item that you win at auction, RBIESS will have the option of reselling, removing, storing, or disposing of the unpaid-for or abandoned item.  You understand and agree that you will be personally responsible for all deficiencies - and all legal-, collection-, transportation-, and storage expenses - associated with your delinquent account and/or abandoned items.  In the event of resale, you agree to pay any cost associated with the resale as well as any deficiency between your original purchase price and the resale price.  Non-Delivery:  In the unusual event that an item has been totally mis-described or is unavailable for pickup during the published removal times, you must immediately notify RBIESS's onsite staff of the problem and file a claim for non-delivery within twenty-four hours.  You understand and agree that if you fail to make a claim for non-delivery within twenty-four hours of your discovering the problem; your claim for non-delivery will not be honored.  Claims for non-delivery may be filed by replying to the e-mail that informed you of your winning binds.  Your claim must fully describe the nature of the problem that you have identified.

7.         Closing… RBIESS's online auctions are designed to mimic traditional "live" actions.  For this reason, this auction will have a staggered, dynamic closing. Simulcast auctions closing times are determine by RBIESS.

• Staggered Closing:  This online auction will automatically begin to close at a rate set for that auction. Delaying bidding to last few seconds may result in failure to obtain the high bid status.  It is recommended that you utilize the "MaxBid" feature and the automated system bid for you to avoid missing an item.  Items' closing times may be extended past their scheduled closing time, however, as a result of RBIESS's dynamic closing feature.
• Dynamic Closing:  The closing time of an item is automatically extended an additional three minutes whenever a bid is placed within the three minutes leading up to an item's scheduled closing time.

8.         Winning Bids:  If you place a bid in this sale online, and your bid is determined to be the winning bid, you become obligated to pay for the item that you have won at the price you gave as your bid.

• Notification:  If you end up placing one or more winning bids in this auction, RBIESS will contact you by e-mail to let you know which items you have won.  This e-mail notification will be the only contact you receive from RBIESS about your winning bids; this means that you are responsible for checking your e-mail following the close of the auction to determine what items you have won.  If you do not receive an e-mail identifying you as a winning bidder, it is because RBIESS has no record of your having placed a winning bid. Please add our email to your Safe Sender list and check your Juke or Spam folder to make sure important emails from us are not reaching you.
• Bid Inquiries:  If you believe that you placed a winning bid, but do not receive an e-mail, you must notify RBIESS by sending an e-mail to sam.howard@essindustrial.com. Explaining your situation by 9:00am on the day after of the auction has closed.  You agree that RBIESS will be the sole authority regarding the identification of winning bids.

9.         Invoicing…  At the conclusion of this auction, the credit card associated with your account will be automatically charged for the full price of your purchases.  For this reason, it is imperative that you provide RBIESS with a credit card that can bear the weight of all of your purchases at the moment the auction closes.  You can update your credit card information at any time by clicking the "My Account" tab and choosing "Update Credit Card."

• Suspension:  You understand and agree that if, at the end of this auction, RBIESS is twice unable to charge your credit card for the entire amount of your purchases; RBIESS will suspend your online bidding privileges indefinitely.  RBIESS will only reinstate suspended accounts if the suspended bidder hands over a $1,000 deposit to be held in escrow for a period of one year.
• Chargeback Waiver:  You acknowledge as registered bidder that your bidding privilege is a service and that all charges placed on a credit card are payment for that service.  A failure on your part to pick up item(s) invoiced does not warrant a decline in payment or chargeback on your part.  Furthermore as acceptance of these terms and the privilege to participate, you acknowledge and waive any rights for chargebacks or disputes which may have been granted to you by your credit card provider.  You agree to accept all charges placed on the credit card associated with your account, by RBIESS.  You agree that this provision applies equally to amounts charged in connection with any items you have won and any costs or fees discussed in Sections 5-8 of these Terms and Conditions.

10.       Disputes…. RBIESS, in its sole discretion, shall settle any disputes arising at any sale.

11.       Reserves…. RBIESS in its sole discretion shall reserve the right to establish a reserve or minimum price on any item without having to announce post or publish notice.

 12.       Refusal…. RBIESS in its sole discretion, reserves the right to refuse the bid of any person without providing any notice or reason therefore.

 13.       Bid Increments… RBIESS in its sole discretion shall control all bidding increments.

 14.       Lots & Bidding … RBIESS reserves the right, to sell item(s) on a piece basis or as a complete lot. RBIESS reserves the right to group, reduce, add to or delete lots. If there is a dispute of entitlement, RBIESS will determine the successful bidder or re-auction the item in dispute between conflicting parties. RBIESS reserves the right to hold all bulk bids in abeyance & at the conclusion of the auction or after the offering of a specific item, to accept either the bulk bid or the aggregate of the individual bids received during the auction, whichever is higher. 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.

• Reporting Bidding Errors:  You should carefully review every bid you choose to make before submitting that bid.  RBIESS will not automatically assume that any bid - even a bid that increases your own, lower bid - was made in error.  Many bidders routinely increase their own bids to price an item out of the reach of other bidders.  If you mistakenly increase your own bid at any time during the auction, or make some other bidding error (e.g. placing your bidder number in the price field), you must immediately contact RBIESS by email at sam.howard@essindustrial.com.   Reports of bidding errors must be made via e-mail; phone reports will not be accommodated.
• Timeliness of Bidding Error Reports:  If you make a bidding error during this auction, you must identify and report the error before the auction begins to close.   RBIESS will not undo bidding errors reported after the auction has begun to close.
• Bidder's Duty to Report Fraud:  You are responsible for all bids made from your account.  If you believe that an unauthorized person has gained access to your account, you must notify RBIESS immediately by sending an e-mail to sam.howard@essindustrial.com.   You must also report the incident to the relevant law enforcement authorities and send RBIESS a copy of any resulting police report.  You understand and agree that if you do not promptly report any suspected fraud to RBIESS and to the relevant law enforcement authorities, you will be held personally responsible for all purchases made using your account and bidder number.

 15.       Information Provided… by RBIESS to buyer(s), including without limitation, any advertising, sales catalog or otherwise, is subject to deletions, errors, additions & changes without notice.  Although information is gathered from sources thought to be reliable.  RBIESS shall have no responsibility whatsoever for any information provided to any party.  Buyers shall rely solely on their investigation & inspection of any Goods.  Any final announcements made on the day of the auction take precedence over any printed materials or notice.

 16.       Additional Terms & Conditions... Except as set forth in Section 1 above RBIESS may add other terms & conditions, and/or modify auction sale at any time prior to bidding or by announcement at the start of an auction event or placement of item on the block.  These additions do not alter in anyway the basic terms & conditions of sale.  Headings herein are for convenience only & shall not limit or alter the Terms hereof.

17.       Hazardous Materials… RBIESS has no expertise in the identification, handling, or disposing of hazardous materials.  RBIESS makes no representation concerning hazardous materials.

18.       Agency… RBIESS in all transaction working on behalf of an owner or third party, shall act as an agent only & shall have no liability whatsoever for the acts of any principal.

19.       Liability:  In all cases, RBIESS's liability, and the liability of the seller of the items in this auction, will be limited to the refund of your purchase price.  RBIESS will not be liable for any amount in connection with the postponement or cancellation of this auction, or the withdrawal of any item or lot from this auction.  In no event will RBIESS be liable for lost profits or any special, incidental, or consequential damages arising out of or in connection with this auction or any related sale or transaction.

• No Liability for the Acts of Third Parties:  RBIESS is not responsible for any action taken by any seller, bidder, or other third party before, during, or after this auction.
• No Liability for Site Malfunction:  You understand that Online or Simulcast auctions rely on devices and programs that may malfunction without warning.  You agree that RBIESS will not be liable for any error or inconvenience that may be the result of such a malfunction.  You further understand and agree that RBIESS may void or suspend any sale, or resell any item, if RBIESS determines a transaction to have been affected by any site malfunction.

20.       Acknowledgement… If the buyer fails to comply with any of these terms, RBIESS shall have all rights & remedies available.  RBIESS may retain all deposits & payments received & may resell any Goods that Buyer fails to purchase.  Buyer shall be responsible for all cost, losses, or damages suffered by RBIESS, their clients (1) as a result of Buyer's breach of any of the terms, including, without limitation, lost profits & consequential damages, & (2) incurred in connection with the enforcement of RBIESS rights, including without limitation, legal fees & cost & expenses related to the resale of Goods, including storage & rigging fees.  Governing Law… The validity, construction & performance of these Terms shall be governed by the law of the State of South Carolina.  All complaints and/or hearings will be filed & heard in the county in which RBIESS list as their primary place of business. Unless stated specifically in writing on the Invoice or Contract, no statement(s) of any other paragraph shall be construed in any way to contradict the provisions of these terms. Claims and Choice of Venue:  Any claim or controversy out of or relating to these Terms and Conditions, or to any breach thereof, will be settled either (1) in Anderson County, Anderson, S.C. Small Claims Court, if the claim in question amounts to less than $5,000, or (2) by means of arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, if the claim in question amounts to more than $5,000.  In the event of arbitration, judgments upon the award rendered by the arbitrator may be entered by any court having jurisdiction.  You agree that all claims will be litigated or arbitrated on an individual basis, and will not be consolidated with any claim made by another party.  Venue in every case will be Anderson County, Anderson, S.C.  You agree that any judgments awarded may be applied to and collected from you personally or corporately.  Should any party file an action contrary to this paragraph, the counterparty may recover reasonable legal fees and costs.  Further, if you bring a claim against RBIESS and do not prevail, you agree that you will reimburse RBIESS for all reasonable legal fees and costs.

21.       Interim or Preliminary Relief…  Notwithstanding the contents of Paragraph 20 of these Terms and Conditions, you agree that RBIESS may seek interim or preliminary relief in a court having jurisdiction in order to protect any rights or property that RBIESS may have pending arbitration or litigation.

22.       Acts of Others… Persons in attendance during inspection, sale or removal of merchandise assume all risks of damage or loss to persons, property, or merchandise & shall exercise proper precautions at all times for the protection of persons & property & shall comply with all safety & health requirements as directed by RBIESS, Owner, local, state & federal regulations. RBIESS, Seller, Property Owner, shall not be liable by reason of any defect in or about the condition of the premises on which the auction is held. Buyer specifically releases RBIESS, Seller, & Owner from all liability thereof.