New Holland 353 Grinder Mixer, Set up for Ear Corn, s/n 450850

FULL TERMS AND CONDITIONS

We appreciate your participation in our auction.  Please take the time to read the following terms and conditions.  If you do not agree with any of the terms and conditions stated below, PLEASE DO NOT BID.  Participating in the bidding process indicates that the bidder acknowledges and agrees to abide be all terms and conditions of the sale.

1. IDENTIFICATION: All participants are required to register prior to becoming an Approved Bidder, to give full name, permanent street address, phone number(s), valid email address, valid credit card information and business name.  Subsequent to registration, approval to bid is at our discretion.

2. DEPOSITS: International Buyers and bidders with no prior BidSpotter history may be assessed a $500 preauthorization hold to be approved to bid within the auction. The hold on your credit/debit card added through the Bidspotter.com fully secure and PCI compliant registration process hold will be released back within 24 hours after the sale, provided payment arrangements have been made.

3. PAYMENT: Currency Type: US Dollars. All purchases and the additional Buyer's Premium will be due within 3 business days after the sale closes  Cash, Corporate Checks and Credit Cards with a 3% surcharge will be accepted, as well as Fed Fund Wire Transfer for amounts over $2,500.   A BUYER`S PREMIUM OF 12.5% WILL BE APPLIED TO EACH INVOICE IN ADDITION TO THE SALES PRICE.

4. REMOVAL. Each Purchaser hereby expressly acknowledges and agrees that time is of the essence in performing Purchaser's obligations associated with the purchase and removal of the Purchased Assets. If a Purchaser fails to make payment or remove any Purchased Asset within the time periods provided, Innovative Machine Solutions may (but shall not be obligated to) resell the each such Purchased Asset by auction, private contract or otherwise, as Innovative Machine Solutions in its discretion deems advisable.  Purchases may be removed only on presentation of a paid invoice. Removal shall be at the expense, risk, and liability of the purchaser, and only by appointment. Please be aware of the auction location(s), bring adequate assistance, equipment, and tools to remove purchases during the scheduled removal times.  The Auctioneer shall not be responsible for goods not removed within the time allowed.

5. INSPECTION DATE & TIMES: Please take to opportunity to inspect items prior to purchase. If you are unable to attend the scheduled inspection, contact us at 937-609-0189 to arrange an alternate time to inspect. We will attempt to accommodate all reasonable inspection requests.

6. CONDITION OF ARTICLES SOLD: Neither the auctioneer nor the seller shall be responsible for the correct description, genuineness, authenticity of, or defect in any lot. Information that has been provided from sources deemed reliable and Innovative Machine Solutions makes no warranty or guarantee as to the accuracy of the information herein contained.  No sale shall be set aside nor allowance made on account of any incorrectness, error in cataloging, or any imperfection not noted.  DESCRIPTIONS AND PHOTOS ARE NOT GUARANTEED. Please make yourself available for the open inspection period.  It is the buyer's responsibility to inspect before bidding. To avoid confusion, participants are bidding on ITEMS LISTED IN THE LOT DESCRIPTIONS and NOT items shown in the photographs. No deductions are allowed on damaged articles.  All articles are being exposed for public exhibition and sold "AS IS" and without recourse. ARTICLES ARE NOT WARRANTED AS MERCHANTABLE OR FIT FOR ANY PARTICULAR PURPOSE, AND NO CLAIM MAY BE MADE BY PURCHASER RELATING TO THE CONDITION OR USE OF ARTICLES PURCHASED OR FOR PROXIMATE OR CONSEQUENTIAL DAMAGES ARISING THEREFROM.  If you are unable to inspect in person, please call or email us with questions or requests for additional lot information or pictures.

7. SAFETY DEVICES: Articles purchased may not incorporate approved activating mechanisms, operating safety devices or safety guards, as required by OSHA or otherwise. It is the purchaser's responsibility that articles purchased be so equipped and safeguarded to meet OSHA and any other requirements before placing such articles into operation.

8. INDEMNIFICATION: Purchaser shall defend and indemnify and hold auctioneer and seller harmless from and against all claims and liabilities relating to the condition of, removal of, or use of the articles purchased or failure of user to follow instructions, warnings or recommendations of the manufacturer, 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 there from.  Innovative Machine Solutions and its Sellers cannot, and will not, be held responsible for any interruption in service, errors, and/or omissions, caused by any means and does not guarantee continuous, uninterrupted or error free service or use of the site.  Bidder acknowledges that this auction is conducted electronically and relies on hardware and software that may malfunction without warning.  Innovative Machine Solutions, at its sole discretion, may void any sale, temporarily suspend bidding, or reschedule the closing date of the auction and resell any items/lots that were affected by any malfunction.  The decision of Innovative Machine Solutions is final.

9. CLAIMS: NO CLAIMS WILL BE ALLOWED AFTER REMOVAL OF GOODS FROM PREMISES OR LEFT ON PREMISES PAST ALLOWED TIME LIMIT.

10. RESPONSIBILITY FOR NON-DELIVERY: Neither the auctioneer nor the seller, in any event, shall be liable for non-delivery or for any other matter or thing, to any purchaser of any lot, other than for the return to the purchaser of the deposit or sum paid on said lot, should the purchaser be entitled hereto.

11. COMPLIANCE WITH TERMS OF SALE: In default of payment of bills in full within the time therein specified, the auctioneer in addition to all other remedies allowed by law, may retain all monies received as deposit or otherwise, as liquidated damages. Lots not paid for and removed within the time allowed herein may be resold at public or private sale without further notice, and any deficiency, together with all expenses and charges of resale including legal fees, will be charged to the defaulting purchaser.

12. RISK TO PERSON AND PROPERTY: Persons attending during exhibition, sale or removal of goods assume all risks of damage of or loss to person and property and specifically release the auctioneer and seller from liability, therefore. Neither the auctioneer nor his principal shall be liable by reason of any defect in or condition of the premises on which the sale is held.

13. SHIPPING INSTRUCTIONS: No shipping offered for this auction

14. CONTRACT MOVERS: If purchaser wishes to hire or contract with a machinery mover, rigger or other type of outside contractor, PROPER INSURANCE protecting Innovative Machine Solutions and the people or company that the auctioneers are conducting the sale for against any or all claims arising from personal injury and/or property damage created by their actions. This requirement is for the auctioneer`s protection - NOT FOR THE PURCHASER`S - therefore the auctioneer suggests that the purchaser review the insurance policies of the machinery mover regarding the coverage that they have protecting the purchaser and damage or loss of the equipment they may be moving for the purchaser.

15. 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 items 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, additionally the auctioneer reserves the right to sell all the property listed, in bulk.

16. DISPUTE BETWEEN BIDDERS: The auctioneer`s decision will be final and absolute.

17. RECORDS: The record of sale kept by the auctioneer and employees will be taken as final in the event of any dispute.

18. INDEPENDENT CONTRACTOR: The auctioneer is acting as an independent contractor only and is not responsible for the acts of its principals or sellers.

19. ADDITIONAL TERMS AND CONDITIONS: The auctioneer may add other terms and conditions of sale, such additional terms and conditions to be announced prior to the auction.

20. RESERVE & AUCTIONEER BIDDING: The auctioneer reserves the right to reject any and all bids.  The auctioneer may bid on lots for their own benefit and on behalf of proxy bidders.  On lots upon which there is a reserve, the auctioneer, or his assigned agents, shall have the right to bid on behalf of the seller.

21. VEHICLE TITLES: Vehicle Titles in the possession of Innovative Machine Solutions will be provided to the Purchaser within 30 days following payment in good funds or as soon thereafter as such documents are available.

22. CLAIMS AND CHOICE OF VENUE: Any claim or controversy arising out of or relating to these Terms and Conditions, or to any breach thereof, will be resolved exclusively by a court having jurisdiction in Greene County, Ohio. Each party hereby submits to the jurisdiction and venue of such courts. You agree that all claims instituted by you will be litigated on an individual basis and will not be consolidated with any claim made by another party. You agree that any judgments awarded may be applied to and collected from you personally or corporately. Should you file an action contrary to this paragraph, the defending parties may recover reasonable legal fees and costs. Further, if you bring a claim against the Auctioneer and do not prevail, and/or if the Auctioneer takes action against you as a result of your violation of these terms and conditions and is the prevailing party, you agree that you will reimburse the Auctioneer for all reasonable legal fees and costs including reasonable attorney's fees.