1)All Bidders and attendees of this auction sale agree that
they have read and fully understand the Terms and Conditions
of this auction sale. Westbrook Engineering and seller make
no warranties as to descriptions or usefulness of the items
purchased. The Buyer accepts all faults and that all items
are bought As Is with all faults and no Warranties of
Marketability or Use.
2)IDENTIFICATION: All participants are required to register
prior to becoming an Approved Bidder. All Participants
are
required to give full name; permanent street address (P.O.
Boxes will NOT be accepted or approved); phone number(s);
email address, valid credit card and business name.
Subsequent to registration on Bidspotter, approval to bid is
at our discretion. Purchases may be removed only on
presentation of paid bill. Removal shall be at the expense,
risk and liability of the purchaser. Westbrook Engineering
shall not be responsible for goods not removed within the
time allowed.
3)PAYMENT: Each Buyer is required to make full payment
within 48-hours of the close of the auction in U.S. funds in
cash, cashiers check, wire transfer, certified funds or
company check with your banks letter of guarantee to
Westbrook Engineering, for the full amount of the bid price
plus buyers premium and any applicable sales taxes prior
to
the removal of any lots purchased.
4)A BUYERS PREMIUM WILL BE CHARGED AT THIS SALE: The
buyers premium rate for this auction sale will be Fifteen
Percent 15% if payment is made by Cash, Cashiers check,
Wire Transfer or Certified Funds. An Eighteen Percent 18%
buyers premium will be charged if paying by credit card.
5)SAFETY DEVICES: Articles purchased may not incorporate
approved activating mechanisms, operating safety devices or
safety guards, as required by OSHA or otherwise. It is
purchasers responsibility that articles purchased be so
equipped and safeguarded to meet OSHA and any other
requirements before placing such articles into operation
6)INDEMNIFICATION: Purchaser shall defend and indemnify and
hold Westbrook Engineering 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.
7)CONDITION OF ARTICLES SOLD: AS-IS, WHERE-IS, with all
faults and without recourse. ALL SALES ARE FINAL! Bidder
acknowledges they have had the OPPORTUNITY TO INSPECT the
item(s) prior to the sale and hereby releases Westbrook
Engineering and seller from any and all responsibility with
respect to description or condition of the item(s) being
offered at this auction.
8)ADDITION TO OR WITHDRAWAL FROM SALE: Westbrook Engineering
and seller reserve the right to withdraw from the sale any
property listed and also add property not listed to this
sale. Westbrook Engineering may group lots or subdivide lots
in order to benefit the seller. Westbrook Engineering
reserves the right to sell the property listed in bulk, or
to alter the order of sale. All items are subject to prior
sale.
9)CLAIMS: No claim of any nature against Westbrook
Engineering or seller will be allowed after removal of the
assets from the premises, including but not limited to any
claims for personal injury, property damage, or for
incidental or consequential damages.
10)RESPONSIBILITY FOR NON-DELIVERY: Westbrook Engineering
and seller are not liable, in any event, for the non-
delivery to a buyer of any lot purchased. The buyers sole
remedy in the event of non-delivery shall be a return of the
buyers payment. Westbrook Engineering and seller shall
not
be responsible for any other damages of any kind.
11)RISK TO PERSON AND PROPERTY: Persons responsible for
removal of goods assume all risks of damage of or loss to
person and property and specifically release Westbrook
Engineering and seller from liability therefore. Neither
Westbrook Engineering nor the seller shall be liable by
reason of any defect in or condition of the premises on
which the sale is held.
12)CONTRACT MOVERS: If purchaser wishes to hire or contract
with a machinery mover, rigger or other type of outside
contractor, proof of PROPER INSURANCE must be forwarded to
Westbrook Engineering protecting Westbrook Engineering and
the people or company that Westbrook Engineering 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 Westbrook Engineerings
protection - NOT FOR THE PURCHASERS therefore Westbrook
Engineering 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.
13)ADDITIONAL TERMS AND CONDITIONS: Westbrook Engineering
may add other terms and conditions of sale, such additional
terms and conditions to be announced prior to the auction.
14)RESERVE: Westbrook Engineering reserves the right to
reject any and all bids. On lots upon which there is a
reserve, Westbrook Engineering, shall have the right to bid
on behalf of the seller.
15)CONSENT TO SUIT IN MICHIGAN: The buyer acknowledges that
this agreement shall be interpreted in accordance with the
laws of the State of Michigan, and shall bind and inure to
the benefit of the parties hereto, their respective heirs,
executors, administrators, successors and assigns. The
exclusive venue for any controversy or claim between the
parties will be Macomb County, Michigan.