Hone

Terms & Conditions

1. Bidspotter.com, “SELLER”, Bennett Machine & Fabricating, Inc., 103 Chamber Drive, Anamosa, Iowa 52205 and “AGENT” Equipment Marketers & Appraisers of P.O. Box 369, Cedar Falls, Iowa 50613, reserve the right to alter or amend the terms and conditions of any scheduled auction item at its sole discretion. Announcements made during the auction supersede any previous announcements whether oral or written. Do not bid unless you intend to pay for all purchases.   
2. Bidspotter.com, “SELLER” and “AGENT” offers to BIDDER(S)/BUYER(S) the opportunity to place bids and potentially become the highest bidder. The opportunity to participate can be withdrawn or denied by Bidspotter.com, “SELLER” and “AGENT” at any time upon Bidspotter.com, “SELLER” and “AGENT”’S sole discretion. By extending to BIDDER(S)/BUYER(S) the opportunity to participate, BIDDER(S)/BUYER(S) accepts all terms and conditions set forth. BIDDER(S)/BUYER(S) acknowledges and agrees to have the ability to competently participate and place bids in an on-line auction protocol. BIDDER(S)/BUYER(S) agrees to have read and understand all terms and conditions set forth, to have the knowledge and ability to utilize on-line bidding applets and procedures. Furthermore, BIDDER(S)/BUYER(S) guarantees and conveys to “SELLER” and “AGENT” to be completely responsible for all bids submitted. Furthermore, BIDDER(S)/BUYER(S) agrees to be in complete control of BIDDER(S)/BUYER(S)’S bidding decisions and amounts procured. Furthermore, BIDDER(S)/BUYER(S) agrees to pay the invoiced amount without recourse to Bidspotter.com, “SELLER” and/or “AGENT”.
3. All persons desiring to bid shall register with Bidspotter.com, “SELLER” and “AGENT”. Registering will consist of providing all information requested by Bidspotter.com, “SELLER” and “AGENT”. All persons registering guarantee the provided information to be accurate. All registered Bidder(s)/Buyer(s) will warrant those authorized to bid on their behalf have their specific authority as a Bidder(s)/Buyer(s). Bidspotter.com, “SELLER” and “AGENT” reserves the right to refuse any applicant the opportunity to register and/or place a bid and may revoke such privilege at any time, at its sole discretion.
4. On-line bids require the use of technology and the World Wide Web. Bidspotter.com, “SELLER” and “AGENT” and on-line bidding applet does not guarantee to BIDDER(S)/BUYER(S) the complete and continuous availability of the technology or the World Wide Web being available to be used. BIDDER(S)/BUYER(S) acknowledges the technical requirements to be able to participate on on-line auction can be influenced by computer hardware, software and BIDDER(S)/BUYER(S) or BIDDER(S)/BUYER(S)’S agent’s skill to utilize technology and the bidding applet. Bidspotter.com, “SELLER” and “AGENT” and on-line bidding provider will be held harmless and not responsible for BIDDER(S)/BUYER(S)’S inability or experience to utilize such technology and the World Wide Web. Furthermore, BIDDER(S)/BUYER(S) will hold Bidspotter.com, “SELLER” and “AGENT” and third-party on-line provider harmless from all claims, suits and damages if technical issues arise which prevent the BIDDER(S)/BUYER(S) from participating in the bidding process.
5. Bidder(s)/Buyer(s) acknowledges and agrees all goods have been available prior to sale time. Bidder(s)/Buyer(s) agree to purchase all goods with all defects known and unknown. All items sold are considered used. DO NOT BID UNLESS YOU HAVE DETERMINED THE CONDITION OF THE LOT FROM YOUR OWN EXAMINATION. Bidder(s)/Buyer(s) acknowledges sole responsibility and assumes the risk a lot might change after it has been inspected. Bidspotter.com, “SELLER” and “AGENT” will sell lot(s) as it exists at time sold, as is, where is, like is, with no warranties or guarantees whether implied or expressed. Including warranties as to the merchantability or fitness for particular use or purpose. Seller Agent has gathered information thought to be reliable. Furthermore “Agent” shall have no responsibility whatsoever for any information provided to any BUYER(S).
6. Bidder(s)/Buyer(s) represents to Bidspotter.com, “SELLER” and “AGENT” the Bidder(s)/Buyer(s) are financially solvent and will surrender payment in full according to the terms set forth.  “AGENT” will submit to BUYER(S) an invoice stating all amounts owed. BUYER(S) acknowledges and agrees to pay invoiced amount owed according to terms and conditions set forth. If BUYER(S) fails to pay the invoiced amount in accordance with sales terms, BUYER(S) agrees to remain responsible for payment of the invoiced amount. Until “AGENT” has received payment in full of the invoiced amount “AGENT”, BUYER(S) shall have no right to remove any of the purchase items from the auction site(s). All purchases must be paid in full the day of the auction and shall be removed from the premises within the time specified by the Bidspotter.com, “SELLER” and “AGENT”. Payment shall be in the form of cash, cashier checks, preapproved company check, wire transfers and ACH payments, credit cards are not accepted.
7. In the event of nonpayment, Bidspotter.com and “AGENT” shall have the right to commence all legal actions against BUYER(S) for collection of the entire invoiced amount. Furthermore, BUYER(S) agrees to be liable and pay for any and all expenses incurred by Bidspotter.com and “AGENT” efforts to collect all unpaid invoiced amounts. Expenses will include but not limited to attorney or collection fees, agency fees, court cost, handling fees, storage fees and transportation fees. Not forbearance, indulgence, or delay by Bidspotter.com and “AGENT” taking action herein under is deemed a waiver of any rights of Bidspotter.com and “AGENT”. A dishonored check shall be conclusive evidence the Buyer(s) is insolvent and entitles Bidspotter.com and “AGENT” to such remedies available under applicable laws.
8. Title shall pass to BIDDER(S)/BUYER(S) upon the satisfactory completion of all of the following:  8A) “AGENT” receipt of full payment for the purchased items in accordance with the sale terms. 8B) The purchased items have been removed from the real property in compliance with terms and conditions set forth. 8C) BIDDER(S)/BUYER(S) shall not be in breach of any of the items set forth in the terms and conditions.
9. BUYER(S) agrees its acceptance of purchased items shall constitute an acknowledgement by BUYER(S) the purchased items satisfy any and all obligations of “AGENT” hereunder. BIDDER(S)/BUYER(S) may not revoke its acceptance for any reason whatsoever. All sales are final.
10. All goods will be put in lots and will be sold to the highest bidder for cash. The record kept by the clerk of sale together with the marked catalog of Bidspotter.com, “SELLER” and the “AGENT” shall in all cases be accepted as final. Bidspotter.com, “SELLER” and “AGENT” reserves the sole right to change the order of the sale, the size of the lots, the addition or subtraction of a lot number. Bidspotter.com, “SELLER” and “AGENT” will have the sole right to determine the bidding increment. In the event of a Buyer(s)’s dispute or tie bid, the Bidspotter.com, “SELLER” and “AGENT” has the sole right to either open up the bidding for continued advancement or strike the goods sold. Bidspotter.com, “SELLER” and “AGENT”, in its sole discretion, reserves the right to refuse any bid which it considers to be insignificant advance over the preceding bid.
11. Any errors in accounting toward Buyer(s)’s invoice will be corrected according to the actual facts. Buyer(s) agrees to pay the amount owed. Buyer(s) shall not be entitled to possession of any of his purchases until total purchase price of all his items have been paid in full. In the event Buyer(s) fails to pay the full purchase price of any lot within the prescribed time or fails to comply with any terms of sale “AGENT” shall have retained a possessory lien on all lots of purchaser and at its sole discretion has the right to resell such lots by public or private sale without notice of any kind to Bidder(s)/Buyer(s).
12.  Any printed literature used by Buyer(s) such as a catalog, shall only act as an announcement of the items available for sale.
13. The auction sale site shall include any location upon which a lot is located for display and or removal. Auction sales sites are considered potentially dangerous places and immediately upon registration, if not before, Bidder(s)/Buyer(s) shall so notify agents, servants, and employees and others accompanying him.
14. All claims or disputes must be settled on the day of the sale. No claims will be allowed after the removal of goods. The Laws of Iowa shall govern this agreement.
15. Appropriate taxes will apply. Tax exemptions accepted if Buyer(s) produces proper documentation of their exemptions.
16. Buyer(s) will be responsible for complete removal of all goods purchased. Cost of removal will be the responsibility of the Buyer(s). In the event the Buyer(s) fails to remove any such lot or part thereof within said period, the “AGENT” or its designees shall have the right but shall be under no obligation to do so either in the name if the “AGENT” or other Seller or the Buyer(s) to remove, store, abandon, discard, sell or otherwise dispose of each of any part of lot bid in or purchased at the expense and risk of the Bidder(s)/Buyer(s) without waiving any other rights that the “AGENT” or other Seller may have against the Buyer(s).
17. “AGENT” reserves the right to require proof of adequate insurance coverage from any Buyer(s) of lots requiring dismantling, rigging, or hot cutting.
18. If Buyer(s) or their agents cause damages to the real property of the auction sale site, Buyer(s) will be liable for all damages and pay for all repairs to the satisfaction of the “AGENT” and the owner of the real property.
19. The Bidder(s)/Buyer(s) shall be and shall continue to be liable for all lose, expense, and damage directly sustained by the “AGENT” or “Seller” by reason of the failure of the Bidder(s)/Buyer(s) to comply with the foregoing conditions.
20. Inspection date: October 23, 24 & 26, 2020 from 8 AM - 5 PM (or by appointment).

Removal:  Buyers are responsible to remove all purchases at Buyers expense and according to date and time restrictions.  All items must be paid for in full according to Payments Terms and Conditions.  Removal will begin on Wednesday October 28, 2020 from 8 AM to 5 PM.  No loadout on Sunday, November 1.  Loadout must be completed and all items must be removed by end of business day of November 16, 2020. 

Shipping and Handling: Buyers desiring to have purchases prepared for shipping will be charged a fee of $40.00 per hour (one hour minimum) plus the cost of materials for boxing or crating. Payment must be completed before shipping commences. Buyer is responsible for all shipping arrangements. Purchases that require loading by a machine rigger are the responsibility of the buyer.

Buyer’s Premium: 18% Buyer’s Premium will be added to all successful bid amounts.