Fowler Andre Zalkin CA8 360 NG Capper Complete Capping Machine

Terms of Sale

Notice: All Bidders and other persons attending this sale agree that they have read and had full knowledge of these terms and agree to be bound thereby.

Posted Payment Due Date: 2 business days from receipt of invoice

Buyer Information: Each potential Buyer represents, warrants and certifies that it has provided (i) its full and accurate legal name and business address, and the full and accurate legal name and address of Buyer’s representative(s) attending and/or participating in the sale event of the Property, and (ii) the citizenship status of Buyer and its representative(s) and any foreign interest of Buyer or its representative(s)

Buyer’s Premium: 18% buyer’s premium will be added to winning bids.

Payment Terms: All payments to be made in US dollars. Payment in-full is required prior to shipment. ACH, wire transfer, and credit cards will be accepted for payments. If paying by ACH, sender must send email notification to auctioninfo@sigmaequipment.com when payment is scheduled. When paying by wire transfer include Bidder Number and Invoice Number. Payment by credit card is accepted for payments of $2,000 USD or less. A 3% surcharge will be added to all credit card payments. Payments are not refundable and all sales are final and not cancelable.

Buyer Beware: “THE BUYER ALONE IS RESPONSIBLE FOR CHECKING THE QUALITY AND SUITABILITY OF GOODS BEFORE A PURCHASE IS MADE”. SIGMA Auction makes no representations, warranties, promises, covenants or guarantees, expressed or implied, as to defects in or the completeness or accuracy of the description in any advertising of any item(s) being auctioned and is not responsible for any advertising discrepancies, descriptions, nomenclature or inaccuracies of any kind. ALL ITEMS ARE SOLD ON “AS IS, WHERE IS” BASIS AND WITH ALL FAULTS WITHOUT EXCEPTION AND WITH SHIPMENT METHOD AT BUYER’S SOLE RISK AND EXPENSE. THE AUCTIONEER MAKES NO REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS OR GUARANTEES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE NATURE, QUALITY, DURABILITY, CAPABILITY, FUNCTION, PERFORMANCE, VALUE OR CONDITION OF THE ITEM(S) BEING AUCTIONED OR ITS (THEIR) SUITABILITY FOR ANY USE. THE AUCTIONEER EXPRESSLY AND SPECIFICALLY DISCLAIMS, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Removal: SIGMA Auction will supervise removal and winning bidders will be notified when lot is available for pick-up. A Rigging Fee may be charged to the winning bidder on a per Lot basis and any additional costs associated with the removal of the equipment. 

Failure to Remove Purchased Items: If Purchased Items are not removed by the Removal Deadline such Purchased Items will be deemed abandoned by the Buyer. The Buyer shall forfeit all monies paid to SIGMA Auction for such Purchased Items, and Buyer shall forfeit any rights to such Purchased Items. For any abandoned Purchased Items, Sigma Auction reserves the right to post said Purchased Items for resale, retain ownership of said Purchased Items, or recycle them for scrap value.

Responsibility for Non-Delivery: The Auctioneer shall not, in any event, 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 thereto.

Claims: No claims will be allowed after removal of goods from premises. SIGMA Auction is not responsible for any damage incurred by shipping or transportation, no shipping company can lay any claim to SIGMA Auction for any and all damages.

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

Indemnification: Buyer acknowledges that it will be responsible for ensuring that all equipment purchased from SIGMA Auction is installed and operated in a proper and safe manner.

Buyer also acknowledges that it may need to install or change guards, safeties, warnings or other components to ensure that the equipment will conform to all laws, regulations,

ordinances, codes, insurance requirements and industry standards. Buyer agrees to defend, indemnify and hold harmless SIGMA Auction from and against any and all suits, claims or

liabilities for personal injury, death or property damage arising out of or resulting from accidents involving use of this equipment caused by failure of Buyer, his employees, or

recommendations available from the original manufacturer, or by failure of Buyer to comply with Federal, State And Local Laws applicable to such equipment including the Occupational

Safety And Health Act of 1970.

Compliance with Laws: Buyer shall comply with all U.S. export control laws and regulations. The Property sold under the Transaction Documents may be subject to the provisions of Export Administration Act of 1979 and the Export Administration Regulations promulgated thereunder, the Arms Export Control Act and the International Traffic in Arms Regulations, and the sanctions laws administered by the Office of Foreign Assets Control. Buyer acknowledges that these statues and regulations impose restrictions on import, export and transfer to third countries of commodities and related data, and that licenses from the U.S. Department of Commerce or U.S. Department of State may be required before such commodities or data can be transferred, and that such licenses may impose further restrictions on use and further transfer of such commodities and data. Buyer agrees (i) to notify Seller prior to any transfer of Property (including goods, commodities or data) purchased under the Transaction Documents to any parties outside of the United States, (ii) to provide an end-use certificate and a certification that the Property (including goods, commodities, and data) purchased under the Transaction Documents will not be transferred to any end-user or for any end-use that is prohibited by U. S. law, (iii) to provide proof of any required U. S. Automated Export System (AES) filing prior to export of any Property (including goods, commodities or data) purchased under the Transaction Documents, and (iv) that Seller reserves the right to cancel any sale at any time in the event it determines, in its sole discretion, that any transaction arising out of the Transaction Documents does or may violate applicable U.S. export control or similar laws.

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 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, will be charged to the defaulting purchaser.

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.

Sale by Estimated Weight, Count, or Measure: Where items are sold by estimated weight, count or measure, the purchaser will be billed for and required to pay for the estimated weight, count or measure. If upon delivery, any shortage exists, the purchaser will receive a refund at the rate of purchase. If there be an excess, the purchaser will be required to take and pay for such excess, at the rate of purchase.

Dispute Between Bidders: If any dispute arises between two or more bidders, the auctioneer may decide the same or put the lot up for sale again at once, and resell to the highest bidder. The auctioneer’s decision shall be final and absolute.

Reserve: Some items may have minimums or reserves. Therefore, bidder acknowledges they have been informed that Auctioneer may bid at the auction for its own account or on behalf of a third party or the seller.

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

Agency: The auctioneer is acting as agent only and is not responsible for the acts of its principals.

Sales Tax: Purchaser shall also pay all applicable sales or use taxes imposed by all taxing authorities on such transaction unless purchaser shall present a resale certificate, certificate of exemption or the like, exempting the purchaser and auctioneer from the payment of any such sales and use taxes.

Bankruptcy: If at any time prior to payment in full, purchaser files a petition in bankruptcy or for other similar protection from creditors, or an involuntary petition in bankruptcy or other similar proceeding is filed against the purchaser, then, at the option of the auctioneer, the sale may be voided.

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.

Dispute Resolution / Jurisdiction / Jury Trial: In any action or proceeding to resolve any such claim or dispute relating to this Agreement the parties stipulate and agree to the

jurisdiction and venue of the Vanderburgh Circuit or Superior Court and waive any objection thereto. All parties to this Agreement further waive a trial by jury in any litigation with

respect to any dispute or claim relating to this Agreement including any counterclaim related thereto.