Lot of Five (5) Pony 43" Bar Clamps

Auction-Specific Terms of Sale 

All persons and/or entities (each a "Participant", collectively "Participants") attending or participating in this auction (the "Auction") conducted by Industrial Recovery Service, Inc. ("IRS" or "Auctioneer") acknowledge and agree that their attendance and/or participation constitutes their agreement to be legally bound by all of the terms set forth below (the "Auction-Specific Terms of Sale"). The term "Participant" or "Participants" may also be referred to hereinafter as "Bidder", "Bidders", "Buyer", "Buyers", "Attendee", "Attendees", "You", and/or "Your". The term "Auction Lots" shall be defined as any property offered and/or sold in the Auction. 

1. REGISTRATION / INDENTIFICATION:  All Participants that wish to participate in the Auction by online webcast (the "On-line Webcast Bidders") are required to register with BidSpotter, Inc. (the "Webcast Provider") and utilize the Webcast Provider’s bidding platform (the "Webcast Services").  All Participants that wish to attend and participate in the Auction (in person) at the Auction premises are required to register at the Auction premises on May 16^th, 2019 (the "Auction Date"). 

• Any Bidder, participating on behalf of their employer or acting as agent on behalf of a Principal and/or Principals, whether bidding, buying, attending, or otherwise, agree that such actions shall constitute sufficient evidence that such Bidder is authorized to bind such employer and/or Principal. IRS reserves the right to hold any and all individuals bidding personally liable for full payment of all winning bids and any and all obligations incurred in relation to said winning bid, whether incurred on behalf of their employer or Principal or not. 

2. DEPOSITS: All bidders are required to provide Auctioneer with a security deposit prior to participating in this auction. 

• Online WebCast Bidders:  Prior to being able to participate in this Auction by online webcast, a Bidder is required to place a good faith deposit (via bank wire transfer) with IRS to secure such Bidder’s payment of any of its purchases made during the Auction (the "Security Deposit"), which deposit shall be no less than 25% of the collective bidding amount that Bidder intends to bid (the "Bidding Limit") for Auction Lots in the Auction. The Security Deposit must be received by IRS no later than May 15^th, 2019. 

• Bidders PARTICIPATING at the Auction Premises:  All bidders attending the Auction at the premises in person, must place no less than a $200 Security Deposit to obtain a bidder’s paddle.  Each Bidder agrees to maintain a deposit equal to 25% of the knock down floor price of an item such Bidder is bidding on throughout the Auction. Security Deposits made in connection with the Auction may be made in advance of the auction and the balance thereof for unsuccessful bidders will be refunded promptly after the Auction is completed.  

3. PAYMENT OF AUCTION PURCHASES  /  BUYER’S PREMIUM  / SALES TAX: 

Online WebCast Bidders:  All successful Online Webcast Bidders agree to make full payment to Industrial Recovery Service, Inc. within (48) hours of receiving an invoice for the Auction Lot(s) purchased.  All payments are to be made by Bank Wire Transfer or Bank Check payable to Industrial Recovery Service, Inc. All payments are to be made in United States Currency ("USD") only. 

• 18% BUYER'S PREMIUM: All purchases made by online webcast Bidders will be subject to a 18% "Buyer's Premium", which Buyer's Premium is added to the final bid price for each Auction Lot and paid by Buyer.
• SALES TAX:  All purchases from this auction will be subject to 6% Pennsylvania Sales Tax, unless the Buyer qualifies for an exemption and provides Industrial Recovery Service, Inc. with a properly filled out and executed Pennsylvania Sales Tax Exemption Certificate. 
• IMMEDIATELY AVAILABLE FUNDS: Bidders bids are not subject to financing. Bidder represents and warrants to IRS that such Bidder has IMMEDIATELY AVAILABLE FUNDS to fully pay for its successful bids within (48) hours of receiving an invoice. 
• LEASING COMPANIES AND THIRD-PARTIES: IRS does not accept payment from leasing companies or third-parties. All payment must be paid by the person and/or entity registered to bid on Auction Lots.  

Bidders Participating at the Auction Premises: All successful Bidders participating at the premises agree to make full payment to Industrial Recovery Service, Inc. for all purchases on May 16^th, 2019 (the day of the Auction). 

• 15% BUYER'S PREMIUM:  All purchases made by Bidders participating at the premises in person will be subject to a 15% "Buyer's Premium", which Buyer's Premium is added to the final bid price for each Auction Lot and paid by Buyer. 
• SALES TAX:  All purchases from this auction will be subject to 6% Pennsylvania Sales Tax, unless the Buyer qualifies for an exemption and provides Industrial Recovery Service, Inc. with a properly filled out and executed Pennsylvania Sales Tax Exemption Certificate. 
• BUSINESS & PERSONAL CHECKS: Business and personal checks will not be accepted without a letter of guarantee from the Bidder’s bank acceptable to IRS in substantially the form set forth below: 

"CUSTOMER NAME" is a customer at this bank. This bank guarantees unqualified payment to INDUSTRIAL RECOVERY SERVICE, INC. ("IRS") on the account listed herein up to the amount of $_________. This letter is specially for, and limited to, purchases made at the auction being conducted by IRS on May 16^th, 2019.  

• Unless otherwise consented to by IRS or if in conformity with the above, all payments shall be in the form of cash, cashier's check or money order payable to Industrial Recovery Service, Inc. 

4. CONDITIONS OF SALE: All sales are final, on a "AS IS, WHERE IS", "IN PLACE", "WITH ALL FAULTS" BASIS WITHOUT ANY CONDITIONS, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, BY INDUSTRIAL RECOVERY SERVICE, INC. OR ANY OTHER PERSON OR ENTITY. THERE ARE NO EXPRESSED OR IMPLIED REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE ASSETS INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS AS TO TITLE, DESCRIPTION, FITNESS FOR ANY PARTICULAR PURPOSE, QUANTITY, QUALITY, MERCHANTABILITY, STATE, CONDITION, LOCATION OR OTHERWISE. 

5.  DESCRIPTION: No sale shall be invalidated and the Auctioneer and IRS, its affiliates, stockholders, directors, officers, employees or agents shall have no liability for misdescription of any article or Auction Lot whether contained in a catalog, advertisement, the IRS Website and/or otherwise. Descriptions and/or photographs of Auction Lots have been prepared for guide purposes only and shall not be relied upon by the Bidder or Buyer for accuracy or completeness. PRIOR TO BIDDING, it is solely your responsibility to physically inspect all Auction Lots to confirm and/or determine the accuracy of descriptions and to rely solely on your own findings relating thereto. 

6.  DEFECTS: IRS, its affiliates, stockholders, directors, officers, employees or agents, the Auctioneer and the seller of an Auction Lot, as the case may be, assume no liability for any defects in any auction lots, whether discovered by the successful bidder before or after the Auction. PRIOR TO BIDDING, it is solely your responsibility to physically inspect all Auction Lots to identify any and all defects therein, which defects, whether or not identified, shall not be grounds to rescind, invalidate, avoid and/or adjust payment in full. 

7.  INSPECTIONS: You are responsible to PHYSICALLY INSPECT all Auction Lots PRIOR TO BIDDING and during the Inspection Period. Each Bidder and Buyer shall be deemed to have relied entirely upon his or her own physical inspections, inquiries and/or investigations. Each Bidder and Buyer acknowledges and agrees that such Bidder or Buyer has had adequate opportunity to physically inspect, confirm descriptions, identify any defects, and inquire and/or investigate all the Auction Lots upon which such Bidder or Buyer is bidding or attempting to buy. PRIOR TO BIDDING, it is solely your responsibility to physically inspect all Auction Lots to confirm and/or determine, including without limitation, the following: 

Condition; Specifications; Completeness; Model Number; Quantity; Capacity; Age; Size; Year manufactured; Missing parts; Broken parts; Moving parts; Defects; Voltage; Motor specifications; Electrical compliance; Past maintenance performed; Maintenance required; Necessary repairs needed; Dangerous conditions; Existence of all necessary guards and/or other safety devices; Operating standards and requirements; Software existence; Software type; Software usability; Any additional costs pertaining to software licensing requirements; Species; Grade; Board footage; Lineal footage; Color; Stability; Weight; Removal requirements; Loading conditions; The existence of any hazardous materials; Suitability for the purpose and/or use for which it is being purchased; and Any other aspects of the Auction Lot(s) that the Bidder or Buyer deems to be important. 

8.  RELIANCE: Buyer acknowledges and agrees that BUYER IS RELYING SOLELY ON BUYER’S OWN PHYSICAL INSPECTION of Auction Lots for sale at any Auction in which Buyer is participating and, specifically, that Buyer is not relying on any information, including but not limited to, descriptions, specifications, photos or advice provided to Buyer from IRS or any source, including but not limited to, affiliates of IRS, stockholders, directors, officers, employees or agents, Auctioneer, seller, seller’s employees, previous or current owners of any Auction Lot, manufacturers of any Auction Lot, , third parties, manufacturer’s warranties, equipment manuals or from any other source whatsoever. 

9. CONTROLLERS / SOFTWARE: Certain computer-numerically-controlled ("CNC") machinery, CNC equipment and other Auction Lots may include equipment-specific CNC Controllers, Computers, Programmable Logic Controllers and/or other electronic devices (collectively the "Computerized Equipment”). It is possible that certain Computerized Equipment may require the use and purchase of proprietary software, software licenses, programs, unlock keys, unlock devices, dongles and/or other devices (collectively the "Proprietary Devices & Licenses"). IRS makes no representation or warranty that any Proprietary Devices & Licenses are included with Buyer’s purchase, available to purchase, transferable to Buyer or transferable to Buyer without cost. PRIOR TO BIDDING, Buyer is solely responsible for determining whether or not there are any licensing costs, transfer costs and/or other cost associated with Buyer’s use of any Proprietary Devices & Licenses. Buyer is solely responsible, at Buyer’s sole cost, for procuring any licensing, transfer of license and/or other Auction Lots necessary for Buyer’s use or Buyer’s legal use of any Proprietary Devices & Licenses. 

10. MANNER OF OFFERING: Every Auction Lot, without exception, in every IRS Auction is offered WITH RESERVE. The Auctioneer or IRS, as the case may be, also reserves the right not to accept or acknowledge any bid which is merely a fractional advance over the preceding bid and may change required bid increments at any time. The Auctioneer or IRS, as the case may be, reserves the right to group items and/or Auction Lots into a single Auction Lot, make Auction Lots smaller, add to, delete from, and to remove from Auction or sale any of the Auction Lots and/or items listed. Two (2) or more individual Auction Lots may also be offered in a single Bulk Bid. 

11. SALES:  All Auction Lots in an Auction will be offered to the highest Bidder for cash in accordance with these Auction-Specific Terms of Sale.  IRS may also offer and sell Auction Lots without use of the Auction and based upon these Auction-Specific Terms of Sale. However, notwithstanding anything herein to the contrary, the Auction-Specific Terms of Sale are subject to change without notice at any time, including on the day of Auction or sale or during an Auction, by IRS or the Auctioneer conducting an Auction. In addition, IRS reserves the right to change, without notice, at any time, the IRS Website. All Auction Lots will be offered to the highest Bidder in accordance with the bidding process as established and modified from time to time by IRS. The Auctioneer and IRS reserve the right to sell on behalf of third parties or its own account. IRS reserves the right to change the Auctions Date. All Auction Lots will be offered subject to prior sale. Should any dispute arise between two or more Bidders or parties, or as to any bid, the Auction Lot in question may, at the discretion of the Auctioneer, be immediately put up again and re-sold. The Auctioneer or IRS, as the case may be, shall regulate all matters relating to the conduct of the Auction or sale and the Auctioneer’s or IRS’ decision, as the case may be, shall be final and binding on all Bidders or parties. The Auctioneer or IRS, as the case may be, reserves the right to refuse any unregistered Bidder or party the privilege of bidding or participating in an Auction or sale and may revoke such privilege at any time. IRS reserves the right to revoke any Bidder’s privileges for any reason. With respect to registered Bidders or parties, if the Auctioneer or IRS, as the case may be, determines in his or its discretion that a Bidder or party is disrupting or interfering with an Auction or sale or is not present at an Auction or sale for a legitimate business reason, the Auctioneer and IRS reserves the right to refuse such Bidder or party the privilege of bidding and participating in the Auction or sale and may require the Bidder or party to leave the Premises at which the Auction or sale is taking place or discontinue the Webcast Services to such Bidder in the case Webcast Bidder. A person using the IRS Website further warrants that he or she has full legal authority to enter into binding agreements for the purchase of goods and services. In addition, such person agrees to be financially responsible for all of his or her use of the Services, as well as for the use of such person’s account by others, including without limitation minors living with such person. Further, such person warrants that all information supplied by him or her or members of their household in using the Webcast Services, including, without limitation, that their name, street address, and telephone number, is true, correct and accurate. Failure to provide accurate information may subject such a person to civil or criminal penalties. A person using the Services understands and agrees that such person will be completely responsible for all charges, fees, duties, taxes, Sales Tax, Use Tax and assessments arising out of the use of the Services. IRS makes no claims and cannot determine whether an Auction Lot can be legally purchased or sold within the jurisdiction of a Bidder or Buyer. As such, use of the Services is at such person’s own risk and IRS disclaims any liability with regard to the Services and any actions resulting from such party’s or any other party's participation in the Services. 

12. RIGHT TO CANCEL SALE: IRS or the Auctioneer, as the case may be, shall have the right to cancel and/or postpone a complete Auction or sale of certain Auction Lot(s), should IRS determine, in its sole discretion, that access to the Premises has become encumbered, impractical and/or problematic; and/or judgment liens, mechanics liens, landlord’s liens, court orders, legal proceedings and/or issues that IRS deems problematic have arose, which issues may affect the legal and/or proper transfer of title to the Auction Lot(s); and/or other issues that IRS deems problematic have arose. Should IRS cancel a complete Auction or sale of certain Auction Lot(s) and/or item(s), IRS, its affiliates, stockholders, directors, officers, employees or agents, the Auctioneer, as the case may be, shall not, in any event, be liable to any Buyer of any Auction Lot and/or items, other than for the return to the Buyer of the deposit or sum paid IRS for such Auction Lot(s) and/or item(s), if any, that the Buyer may be due. IRS expressly disclaims any and all liability related to expectation damages suffered or alleged by anyone involved in an IRS Auction, whether or not IRS knew of such expectation before, during or after the Auction at issue. 

13.  OWNERSHIP AND RISK OF LOSS: Title to, and the risk of loss of, any Auction Lot passes to the Buyer at the time the invoice for such Auction Lot has been paid to IRS in full. The Buyer will thereafter assume the risk of any damage including, but not limited to, theft, flood, fire, vandalism and/or any other loss and/or damage with respect to the Auction Lot including supervening forces such as natural disasters. 

14.  ASSUMPTION OF RISK: Buyers, Bidders, Participants and Attendees acknowledge and understand that they are using the Services and/or Webcast Services provided by, or through, IRS at their own risk. Persons involved with or attending an Auction or sale, whether as a Bidder or otherwise, or removing Auction Lots, whether as Buyer or otherwise, assume all risks of damage to or loss of property or injury to persons, and specifically release and indemnify IRS and the Auctioneer from liability therefore. IRS in no way warrants the condition and/or safety of any premises where Auction Lots may be located. 

15.  INDEMNIFICATION: Each of IRS, its affiliates, stockholders, directors, officers, employees, agents, the Auctioneer and a seller of an Auction Lot (hereinafter, "IRS”) shall not be liable by reason of any defect in, or condition of, the Auction Premises in which the Auction Lots are Located. The Buyer shall defend and indemnify and hold IRS, Auctioneer and seller harmless from and against all claims and liabilities, including personal injury or death, relating to the condition of, removal of, or use of the Auction Lots purchased or failure of the Buyer or a third party to follow instructions, warnings or recommendations of the manufacturer of an Auction Lot, or to comply with federal, state and local laws applicable to such articles, including OSHA requirements, and Environmental Protection Agency requirements, or for proximate or consequential damages, costs or legal expenses arising therefrom. Further, the Buyer assumes and agrees to indemnify, defend and hold harmless IRS and seller for any future claim(s) pertaining to the fitness, merchantability, and suitability for a particular purpose, or use of an Auction Lot or item as purchased. Also, the Buyer expressly waives any claim in respect to any possible future use of an Auction Lot purchased for any purpose(s). Further, the Buyer assumes and agrees to indemnify, defend and hold harmless IRS and seller for any damage caused to any property in the removal and inspection of any Auction Lot(s) including, but not limited to, damage to physical structures and buildings and/or personal injury and/or death. IRS makes no representation or warranty that the IRS Website and/or the Webcast Services will be available on a timely basis, or will be uninterrupted or error free. In no event shall IRS be liable for any damages, including without limitation any direct, indirect, incidental, special or consequential damages, arising out of the use of or inability to use the IRS Website, the Webcast Services or any linked or associated pages.

16. SAFETY DEVICES: IRS and the Auctioneer make no representation or warranty whatsoever that the Auction Lots sold comply with OSHA standards, ANSI safety requirements, or any other industry or applicable safety standards. It is the Buyer’s responsibility that Auction Lots purchased be equipped and safeguarded to meet any applicable safety standards before placing such Auction Lots into operation. The Buyer assumes all responsibility and shall indemnify IRS and the Auctioneer against any claims, actions or liabilities arising out of or relating to any failure of the Auction Lots sold hereunder to comply with such standards. 

17. INDEPENDENT CONTRACTOR: IRS and the Auctioneer, as the case may be, is acting as an independent contractor for the seller only and is not responsible for the seller’s acts and/or omissions. 

18. RESPONSIBILITY FOR NON-DELIVERY: Each of IRS, the auctioneer or the seller of an item shall not, in any event, be liable for non-delivery or for any other delivery matter, to any buyer of any item, other than for the return to the buyer of the deposit or sum paid for or in connection with such item. 

19. SAFETY DEVICES: IRS and the auctioneer makes no representation or warranty whatsoever that the items sold comply with OSHA standards, ANSI safety requirements, or any other industry or applicable safety standards. It is the buyer's responsibility that items purchased be equipped and safeguarded to meet any applicable safety standards before placing such items into operation. The buyer assumes all responsibility and shall indemnify IRS and the auctioneer against any claims, actions or liabilities arising out of or relating to any failure of the items sold hereunder to comply with such standards. 

20. RECORDS: The record of sale(s) kept by the auctioneer and/or the IRS bookkeeper will be taken as final in the event of any dispute. 

21. INDEPENDENT CONTRACTOR:  IRS and the auctioneer are acting as an independent contractor only and is not responsible for the acts of its principals, sellers and Bidders. 

22. REMOVAL / LOADING / PICKUP:  At no cost to Buyer, Seller has agreed to remove all (machinery) lots from the premises and side-load same onto Buyer's (flatbed only) truck . Seller will not pay for the cost of packaging, palletizing, crating, or specialized rigging. All lots will be available (by appointment) for pickup on: 5/17/2019.  All lots must be picked up no later than  5/30/2019 4:00 PM.  Buyer will not be permitted on the Premises for the purposes of loading machinery lots and/or preparing same for shipment.  All items must be paid for in full before loading. No item can be removed during the auction or sale without the auctioneer's or IRS' approval. No item shall be removed unless paid for in full and all items purchased shall be removed as announced.  

23.  FAILURE TO REMOVE AUCTION LOTS: Buyers DO NOT HAVE THE RIGHT OF ABANDONMENT. Should a Buyer fail to pickup Buyer’s purchased Auction Lots (in entirety) from the Premises by the pickup deadline ("Pickup Default"), such Buyer will be in default of its obligations to IRS. In the event of a Pickupl Default: A) Buyer shall pay all legal costs and other costs incurred by IRS, which costs are occasioned by Buyer’s Pickup Default; B) All amounts paid by the Buyer shall be retained by IRS, and Buyer shall not be entitled to a refund of any deposits and other amounts paid by Buyer with respect to the Auction Lots; C) Buyer shall be responsible for, and shall indemnify IRS, and the seller against, any damage, theft, bank repossession or other losses or damages resulting from Buyer’s Pickup Default; and D) IRS, the seller and/or the Auctioneer shall have the option (not the obligation) of removing and storing the Auction Lots at the expense and risk of the Buyer or reselling such Auction Lots without notice at public sale or otherwise disposing of the Auction Lots at the risk and expense of the Buyer, all of which, shall eliminate the rights of the Buyer in any Auction Lots purchased; and E) Should IRS and/or the seller exercise any or all of its rights and/or options contained in this Paragraphs 24, the exercise of such rights and/or options will not eliminate Buyer’s obligation to Pick up all Buyer’s purchased Auction Lots from the Premises and to pay all costs associated with such removal, nor shall IRS’s exercise of such rights and/or options eliminate Buyer’s liabilities associated with the Pickup Default and/or its breach of these Auction-Specific Terms of Sale. 

24. RESERVE: All IRS Auctions are WITH RESERVE. Every Auction Lot, without exception, in every IRS Auction is offered WITH RESERVE. IRS, Auctioneer, assignees and/or their agents, reserve the right to reject any and all bids or offers and the right to withdraw any Auction Lots and/or components thereof from the Auction for any reason, at any time, whatsoever. On Auction Lots upon which there is a reserve, IRS, consignors, employees, assignees, the Auctioneer, and/or any affiliated person or entity, and/or their agents reserve the right to bid on behalf of the seller. IRS, consignors, employees, assignees, the Auctioneer or any affiliated person or entity, and/or their agents, reserve the right to consign Auction Lots to an Auction or sale and to participate as a Bidder or Buyer. On Auction Lots upon which there is a reserve, IRS, consignors, employees, assignees, the Auctioneer or any affiliated person or entity and/or their agents may bid for their own account at any Auction or sale and may have information not otherwise available to the public regarding reserves, values or other material facts relating to the Auction Lots which are the subject of the Auction or sale. 

25. CHOICE OF LAW:These Auction-Specific Terms of Sale and any disputes relating thereto or any dispute among IRS, an Auctioneer, a Buyer, a Bidder, User, or an attendee at an Auction or sale shall be governed by the laws of the Commonwealth of Pennsylvania without giving any effect to any principles of conflicts of law. A Buyer, Bidder, User, participant or an attendee at an auction or sale hereby (i) consents to the exclusive jurisdiction and venue of the United States District Court for the Middle District of Pennsylvania, or in the event that court lacks jurisdiction to hear a claim, in the Court of Common Pleas for York County, Pennsylvania and (ii) agrees that it will not institute legal actions against IRS, its officers, employees, or an Auctioneer in any other court or administrative body, without the express written permission of IRS and that if this provision is violated by such party, then such party shall be liable for all legal fees and expenses incurred by IRS in removing the case to another court or administrative body. Use of the IRS Website is unauthorized in any jurisdiction that does not give effect to all the provisions of these Auction-Specific Terms of Sale. If any part of these Auction-Specific Terms of Sale is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimer and liability provisions, set forth herein, then the invalid and unenforceable provisions will be deemed superseded by a valid, enforceable provision that most closely matches such provision. 

26. WAIVER OF TRIAL BY JURY: Buyer knowingly, willingly, voluntarily, and irrevocably waives any and all right to trial by jury in any legal proceeding arising out of, and/or relating to, these terms and/or the transactions contemplated herein. 

THE ORDER OF SALE IS SUBJECT TO CHANGE AS DEEMED NECESSARY BY THE AUCTIONEER