EquipNet Auctions Terms and Conditions:
TOTAL PURCHASE PRICE Payment is due upon successful bid(s). EquipNet, Inc. (“EquipNet”,or” EquipNet, Inc”.) may require a deposit prior to bidding of not less than $400.00 USD or twenty five percent (25%) of the Buyer`s aggregate PURCHASE PRICE estimate with the balance due upon successful bid. EquipNet, Inc. may contact bidders requesting credit card hold or wire transfer confirmation as a deposit. If no deposit is received upon request EquipNet, Inc. reserves the right to refuse or cancel Buyer`s bids with Penalties and re-sell Goods.
By clicking on the “I Accept” button you are agreeing to be bound by the following terms and conditions, including the terms of service incorporated herein. If you do not accept all of the terms, do not click on the “I Accept” button.
Unless otherwise stated as a part of this registration, EquipNet, Inc.’s standard member terms of service are applicable to auctions. The below terms and conditions are additional terms that relate to this specific event.
All auction registrants are required to be an EquipNet, Inc. member and have electronically agreed to the standard member terms and the specific member terms for buyers. Bids submitted by non-EquipNet, Inc. members may be deemed invalid.
Final Auction Bid Acceptance and Payment
All auction equipment is subject to internal redeployment, cancellation of listing, or other sale prior to formal acceptance of an auction bid by the seller. The formal acceptance of an auction bid is not final until an invoice has been sent, timely payment has been received in full, a visual inspection of equipment satisfactory to EquipNet, Inc. has been made prior to shipment release, and timely shipment arrangements acceptable to EquipNet, Inc. have been finalized.
Bidder understands and agrees that all bids submitted are binding. Auto Progressive Bidders with a high bid that closes in Yellow Status at the conclusion of a smart auction will have that Auto Progressive Maximum Bid automatically submitted. In the event that this submitted Auto Progressive Bid equals or exceeds the minimum acceptable reserve amount of the Seller, this bid will be recorded at the minimum acceptable reserve amount as the winning bid, move to green status, be deemed sold and added to the bidder’s invoice. Auto Progressive bidders at the time of bid submittal will have the option, by checking a box located on their bidding screen, to opt out of the automatic minimum reserve acceptance. If Bidder opts out of the automatic minimum reserve acceptance, any high bid at the close of the auction that does not surpass the minimum acceptable reserve amount will remain in yellow status and such final bid will be presented to the Seller who will have no obligation to consummate a sale with the bidder for this item. Seller retains the right to confirm a sale on any item that closes in yellow status at the recorded high bid amount.
Bids that have been submitted that remain in Yellow Status at the close of a Smart Auction will expire 3 calendar business days after the close of the auction unless EquipNet sends an invoice for such yellow status item(s). EquipNet sending an invoice for an item that closed in Yellow Status indicates that the bid(s) have been accepted subject to all the terms above and payment is due. Only after the above conditions have been met will a sale be final. Members should not rely on other verbal or written forms of communication regarding bids.
Payment in full is due within 5 business days from the time an auction invoice has been sent. If payment is not received in full within 5 business days from the time an auction invoice has been sent, any and all bids made by the member may, at the sole discretion of EquipNet, Inc., be deemed null and void and the transaction cancelled. If a member fails to pay for their purchase, cancels their purchase without just cause, or fails to remove their equipment as required, EquipNet reserves the right to cancel the purchase and charge an administrative fee equal to 25% of the accepted offer in addition to the 18% Buyers Premium. Also, if payment is not received within 5 business day from the time an auction invoice is sent, EquipNet, Inc. reserves the right to suspend or terminate a member’s account without further notice. If a member fails to pay because funds were returned or rejected, EquipNet, Inc. may charge a returned payment fee of $100.00 as well as other fees and premiums mentioned above.
It is the buyer’s responsibility to pay for the removal, packing, shipping, and/or insurance, as required, on items won at the Auction. Cost and responsibility of removal, within the removal period, remains with the buyer. All items must be removed within the specified removal period or shall be deemed abandoned and resold by EquipNet, Inc. All quotes must be obtained after the auction has concluded and the item(s) have been paid for.
Please be sure to read the Listing description carefully as ALL items sold are subject to a handling fee. Charges for removals may be applicable as provided by EquipNet or the seller. EquipNet loading charges are figured using industry recognized box & pallet size calculations and as well as the weight of the purchased items. As such, oversized (extra wide/ long or excessively heavy items) may be designated as custom; and will be priced accordingly on the listing. Crating and additional packing services are optionally available, please contact our Logistics Team x2504 for a quote/more details.
If you would like to arrange shipping and packing through EquipNet or would like to pick up the equipment personally, please contact EquipNet Logistics at 781-821-3482 x2504. Pick up appointments and Quotes will be scheduled/requested ONLY after the equipment has been paid for in full.
IN SOME INSTANCES THE SELLER IN IT’S SOLE DESCRETION MAY ALLOW SELECT RIGGER / VENDORS ONTO THE SITE TO CONDUCT REMOVAL/RIGGING SERVICES AND AS SUCH BUYER UNDERSTANDS AND AGREES THAT AS A PART OF THE TERMS OF THIS AUCTION THAT ANY COMPANY RETAINED BY THE BUYER FOR EQUIPMENT PICK-UP / REMOVAL WILL NEED TO BE APPROVED BY THE SELLER AND WILL BE REQURED TO PROVIDE THE APPROPRIATE DOCUMENTATION & INSURANCE COVERAGE POLICIES AND FURTHER AGREES TO THE FOLLOWING INDEMNIFICATION:
EQUIPMENT PICK-UP & REMOVAL INDEMNIFICATION: To the MAXIMUM extent permitted by law, BUYER and/or BUYERS AGENT AS UNDERSIGNED indemnifies, defends and holds EQUIPNET INC. and the SELLER and all its affiliates harmless against any and all claims for liability and damage, including, but not limited to, reasonable attorney's fees arising out of any claim for personal injury, sickness, and, or, death to any persons and for any property damage caused by the transportation, and, or, the transfer of purchased equipment from or within the facility or to the dock including but not limited to the transfer of purchased material to the BUYERS vehicle including any or all vehicles of any company including but not limited to any rigging or transportation companies acting to transport BUYERS purchases whether or not such claims are based in part on the active or passive negligence or participation in the wrong or an alleged breach of a statutory duty or obligation on the part of EQUIPNET INC. and the SELLER. This indemnification is inclusive of residual or hazardous chemicals or other hazardous material on or in the purchased items, whether or not due to the negligence of EQUIPNET INC. and the SELLER or any affiliate, during the commencement of the dismantling or load out or other work by BUYER and /or any company including but not limited to any rigging or transportation companies employed by the BUYER to act as agent to transport for the BUYER. The word "persons" as used herein, shall be construed to imply both the plural and the singular, as the case may demand, and shall include corporations, companies, associations, societies and municipal corporations as well as individuals. BUYER AND BUYER’S AGENTS are solely responsible for safely rigging and securing all loads to their vehicles and, or, vehicles they designate to remove the equipment and or machinery from the premises. Any vehicle that is deemed to be unsafe in the sole discretion of EQUIPNET INC. and the SELLER will be denied access to the facility / Dock.
Bidder understands and agrees that load out services are not applicable to all auctions; further, if load outs are applicable as relating to any specific auction, load outs will ONLY include loading onto a single standard vehicle or flatbed and will NOT include loading to a container or multiple load outs to several vehicles unless arrangements have been agreed to prior to the event with EquipNet or the Seller.
As a part of the terms and conditions of the auction, and in consideration of receiving permission to enter on the premises Bidder hereby releases, waives all claims, assumes all risk, indemnifies and forever discharges Seller and Equipnet and its subsidiaries, officers, employees, agents, directors, servants, affiliated organizations and licensees from every and all claims that may result from my being within the perimeter of this facility.Bidder assumes the inherent and extraordinary risk involved in the activities associated with attending the auction inspection and auction event, and expressly assumes the risk of and accept full responsibility for any and all injuries (including death, and paralysis) and accidents that may occur as a result being on the premises.
1. EquipNet charges a buyer's premium at the time of sale, which is an additional charge above and beyond the equipment bid. An 18% Buyers Premium will apply at this sale. Credit Card payments will be accepted for balances BELOW $10,000.00 USD. Wire Transfers will be required for balances exceeding $10,000.00 USD. EquipNet DOES NOT accept checks, PAYPAL or American Express as payment.
2. All items, unless otherwise stated, are sold “As Is, Where Is, With All Faults”. There are no warranties made by EquipNet, Inc or the Seller(s) as to the merchantability or fitness for any specific or particular use. Equipnet has not created and will not create any express warranty to any bidder as to the condition, performance or value of any of the items, products or property being placed for sale that bidders may rely on.
3. Payment in full is due and shipping arrangements must be made within 5 business day from the time an auction invoice has been sent. Visa, MasterCard, Discover or Wire Transfer will be the only acceptable forms of payment. EquipNet DOES NOT accept checks as payment. Credit Card payments will be accepted for balances BELOW $10,000.00USD. Wire Transfers will be required for balances exceeding $10,000.00 USD. No equipment will be shipped or otherwise available for pick up until payment has been received in FULL, including any and all fees and applicable taxes and required signed PAPERWORK.
4. While the descriptions and information contained in the advertised material for this sale are, to the best of EquipNet, Inc.’s knowledge, believed to be correct, EquipNet, Inc. and the Seller(s) will not be responsible for any deletions, discrepancies, or inaccuracies. Any announcements made at the auction or sale via electronic email or otherwise will take precedence over any previous announcements, advertisements or distributed material. The sale of equipment is intended to be sold without software or other proprietary intellectual property including but not limited to manuals (“Software”), if any is applicable. In the event that Software is included as part of the equipment sale, notwithstanding the disclaimers set forth above, neither EquipNet nor the Seller make any representations or warranties regarding the Buyer’s right to use such Software, the performance of the Software, it’s non infringement or otherwise. In such circumstances, it is recommended that the Buyer contact the Software manufacture directly to secure a proper license and/or resolve any issues with its use prior to submitting a Bid.
5. Taxes will be added to the purchase price of all taxable items. Tax exempt buyers may need to present a valid tax exemption certificate as a part of their registration, otherwise their purchases will be subject to any applicable taxes as governed by local, county, state or federal law.
6. Where applicable, removal period for purchased items will be posted on the website or announced via email or at the auction or sale. Otherwise, all equipment removal is to be immediate. Cost and responsibility of removal, within the removal period, remains with the buyer. All items must be removed immediately or within the specified removal period or shall be deemed abandoned and resold by EquipNet, Inc. Positively no refunds or credits for shortages or claims relating to items won at auction will be considered after goods leave the seller's or seller's agent's premises. Additional Charges may apply to orders requiring special handling.
7. In making a bid the buyer agrees to comply with the terms and conditions as herein stated or additional terms as made or distributed via email or at the sale or auction. Failure of the buyer to comply with the terms and conditions will be treated as a breach and, if applicable, the deposit as made will be retained. Further, EquipNet, Inc. may resell any purchased item publicly or privately with the liability for any deficiencies and cost incurred to affect the sale remaining with the buyer.
8. EquipNet, Inc. reserves the right to combine single items into lots and add or delete items prior to offering the item individually. Bids, which in the opinion of EquipNet, Inc. are not commensurate with the value of the item offered, may be rejected. All Online and Webcast auction sales are with reserve unless the goods are, in explicit terms, put up without reserve. In an auction with reserve, EquipNet may assign reserve prior to or during an Auction and may withdraw the goods at any time until the final bid acceptance. EquipNet, Inc. reserves the rights to include assets from more than a single seller to be sold throughout the sale.
9. EquipNet, Inc. or Seller(s) shall not be held liable for any claims with respect to environmental problems arising out of hazardous materials which may be contained in items sold. Certain pieces of equipment may contain residual chemicals or elements. It is the Buyers responsibility to safely secure the purchased item in compliance with all applicable governmental safety standards in using, selling, and transporting purchased items.
10. It is the responsibility of the buyer to obtain proper licenses where required for the export of any items that are considered controlled commodities; restricted from export outside of the United States without proper export licenses.
11. Select items are subject to prior sale, redeployment, or transfer. All bidders are advised to inspect each item individually or as a lot during the preview period prior to bidding. Buyers understand that inspection may be limited to website postings, images, and descriptions.
12. Additional terms and conditions, as posted on the EquipNet website, may supersede those listed above and such announcements may be made at the time of the sale or auction.
13. Auctions featuring Pharmaceutical equipment may include a Tablet Press or other equipment requiring additional documentation as a part of a final sale. Please note without exception that any successful Bidder purchasing such items will be required to provide EquipNet with the appropriate DEA License, documents, or resale certificate.
14. Arbitration. Any claim or controversy arising out of or relating to this Agreement, or the breach hereof, shall be resolved by final and binding arbitration to be conducted in Boston, Massachusetts, by one (1) arbitrator in accordance with and subject to the Commercial Arbitration Rules of the American Arbitration Association (the "AAA") then in effect. The arbitrators shall have no power or authority to add to or detract from the agreements of the parties or to award punitive, exemplary, consequential, special, indirect or incidental damages except. The authority of the arbitrators to award damages in any event is and shall be limited to the fees earned by EquipNet from the transaction in question. Notwithstanding the foregoing, the parties reserve the right to obtain injunctive or provisional relief to compel arbitration, enforce an arbitration award, and prevent disclosure of its trade secrets or violation of its intellectual property.
15. General. In the event that any provision of this Agreement is determined to be invalid, unenforceable or void, the parties agree to allow a court or arbitrator to replace such provision with a valid provision, which is as similar as possible to the provision replaced. EquipNet's failure to act with respect to a breach shall not constitute a waiver of its right to act with respect to subsequent or similar breaches. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without reference to provisions governing choice of law. Company hereby consents to exclusive and personal jurisdiction in the state and federal courts located in Suffolk County, Massachusetts. This Agreement (including the EquipNet’s General Terms, Buyer Terms of Service and/or the EquipNet Seller Terms of Service, as applicable) shall constitute the entire agreement between the parties as to the subject matter hereof. Nothing contained herein shall be deemed to constitute either party as the agent or representative of the other party, or both parties as joint.
EquipNet Inc, (“EquipNet”) provides a service (the "Services") that matches buyers with sellers of used equipment (the "Equipment"). As a result of its limited role, EquipNet has no control over the quality, compatibility, safety or legality of the Equipment offered for sale. These specific Auction Terms will become a part of, and incorporated into the EquipNet, Inc. General Terms of Service, the current version of which can be found at www.equipnet.com (the “General Terms”). Accordingly, the term “Agreement” as used in the General Terms shall mean the General Terms plus these specific Auction Terms. All capitalized terms used and not defined in this Addendum will have the meanings given to them in the General Terms.