TERMS OF SALE for Rand Lumber Assets on Bidspotter:
The property listed and described in this Auction will be offered under the following terms and conditions of sale, which terms and conditions of sale and descriptions of items may be amended, updated or altered. These terms and conditions of sale shall be binding on any Bidder/Internet Bidder (hereinafter referred to as registered Bidder or Buyer). Bidders are bound by these terms and conditions of sale and the Bidder Registration Form, which is incorporated in and made a part hereof. This Auction is being conducted by Paul McInnis, Inc. Auctioneer (hereinafter referred to as PMI, Auction Company or Auctioneer).
“AS-IS”, “WHERE-IS” – All property is sold “as-is” and “where-is” and neither PMI nor the Seller makes any express or implied warranty or representation of any kind or nature with respect to the property being sold. In no event shall PMI, or the Seller be responsible for the correctness of or be deemed to have made any representation or warranty of merchantability, fitness for purpose, description, size, genuineness, year of manufacture, attribution, provenance or condition concerning the property or any warranty that any item complies with any applicable federal or state laws. No statement set forth in the online catalog or made on the internet or in the bill of sale or invoice or elsewhere, whether oral or written, shall be deemed such a warranty or representation or an assumption of liability. PMI makes no representation or warranty as to the accuracy of the descriptions or representations as listed in the catalog listing. PMI acts exclusively as the Agent of the Seller. All Bidders acknowledge that PMI is under no obligation to verify the accuracy of any information provided; furthermore, all Bidders represent that they have conducted their own inspection and due diligence.
PAYMENT – A 15% Buyer\\\\\\\'s Premium as advertised will be added to the successful bid price to become the total purchase price due from the Buyer. All payments are to be in U.S. currency. All Buyers agree to pay for their purchases in full within 36 hours of auction ending by Cash, MasterCard, Visa, Cashier\\\\\\\'s Check, Certified Check or pre-approved Check. Purchasers who wish to pay by pre-approved personal Check must be cleared by PMI on our form only at least two business days prior to the Auction. All items sold “as is”, subject to error, omission or withdrawal. Nothing shall be removed from the premises until payment has been made in full.
BIDDER DEFAULT – Should a Bidder default within 36 hours of auction ending on payment in any manner whatsoever, without limiting any recourse PMI may have, PMI and/or Seller at its option may do either of the following: (1) cancel the sale and retain as liquidated damages all payments, deposits or credit card charges or holds (Bidder agrees not to dispute this charge with the credit card company at any time) made by the Buyer, or (2) resell the lot to the next highest Bidder (3) resell the lot on 5 days written notice to the Buyer at a private or public sale for the account of and at the risk of the Buyer, and in such event the Buyer shall be liable for any deficiency plus all costs.
REMOVAL OF PROPERTY – None of the property may be removed from the premises until the total purchase price has been paid. Removal following payment will be on Wednesday, March 27th and Thursday, March 28th from 8:00 a.m. to 4:00 p.m. each day. NO CHILDREN PLEASE. All property is to be removed at the Buyer’s expense no later than 4:00 p.m. Thursday, March 28th, 2013. Any property not removed by the Buyer will be considered abandoned. PMI assumes no responsibility for acts or omissions for such handling including, but not limited to, theft, loss, damage, or any and all transportation whether at the direction of the Buyer or PMI. Buyer shall be solely responsible for making arrangements for loading, shipping or transportation of the Buyer’s purchases at Buyer’s sole expense.
SALES TAX – There is no sales tax in the State of New Hampshire. It shall be the Buyers’ responsibility to pay all taxes applicable in their home state or country. Buyers will take delivery in Rye, New Hampshire.
RELEASE – Persons attending the inspection, preview, exhibition, removal and/or Auction shall assume all risks and/or liabilities and shall specifically release and hold harmless the Auctioneer from any and all liability. Neither the Auctioneer nor his principal shall be liable by reason of a defect in, or condition of, the premises on which the inspection, preview, exhibition, removal and/or Auction is held.
APPLICABLE LAW – This Auction is being conducted under the conditions of the Uniform Commercial Code, NH RSA 382A:2-328 titled “Sale by Auction”. The rights and obligations of the Agent, Seller and Buyer with respect to the terms and conditions of sale shall be governed and interpreted by the laws of the State of New Hampshire. By bidding at the Auction, whether present in person, or by Agent, by Absentee bid, Internet bid or telephone, the Buyer shall be deemed to have consented to the exclusive jurisdiction of the New Hampshire courts. PMI shall have the rights afforded a secured party for any defaults by the Buyer. For any controversy or claim arising out of or relating to this Agreement and/or the Auction Event, or the breach thereof, any registered Bidders and others in attendance agree to arbitration administered by the American Arbitration Association (\\\\\\\"AAA\\\\\\\") under its Commercial Arbitration Rules. Such arbitration to be held in the State of New Hampshire before a single arbitrator by the AAA, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.