LOT: JUMPER CABLES

TERMS OF SALE

NOTICE:  All bidders and other persons participating in this sale agree that they have read and have full knowledge of these terms and agree to be bound thereby.

1.  IDENTIFICATION:  All purchasers are required to give full name and address.

2.  PAYMENT:  All invoices must be paid in full WITHIN 24 HOURS AFTER RECEIPT OF YOUR INVOICE.  A BUYER'S PREMIUM OF 18% WILL BE APPLIED TO YOUR INVOICE IN ADDITION TO THE SALES PRICE.  SALES TAX MAY APPLY TO ALL SALES UNLESS BUYER HAS A PROPER EXEMPTION.  We accept Wire Transfers, Company Checks, Cashier's Checks, Money Orders and Cash.  We do not accept Credit Cards, Personal Checks or ACH's.  Company checks will not be accepted without a letter of verification from your bank.  NO MERCHANDISE WILL BE RELEASED UNTIL INVOICE IS PAID IN FULL. 

3.  REMOVAL: All purchases MUST be removed as herein listed:  Small Items - (Perishable Tools, Machine Parts & Accessories, Etc.) Are To Be Removed Within 48 HOURS of the Auction.  WE ASSUME NO RESPONSIBILITY FOR SMALL, HAND CARRIABLE ITEMS LEFT ON THE PREMISES AFTER THE SALE. Machinery & Equipment - All Machinery & Equipment Must Be Removed No Later Than THE DATE INDICATED.  ANY ADDITIONAL TERMS REGARDING ITEMS THAT ARE Difficult TO REMOVE or REQUIRE Special Circumstances that may require an EXTENSION will be announced at the time of the sale.

REMOVAL HOURS ARE 8:00 AM to 4:00 PM -- NO SATURDAY OR HOLIDAY REMOVAL.

No lot can be removed during the sale without Auctioneer's Approval.  Purchases may be removed only on presentation of paid bill.  Removal shall be at the expense, risk and liability of the purchaser.  Auctioneer shall not be responsible for goods not removed within the time allowed, but shall have the option to remove and store at the expense and risk of the purchaser any article purchased, but not paid for and removed within the time aforesaid.

4.  MANNER OF PAYMENT:  All checks for deposit and balances due shall be payable to the order of GLENN A.WINTERNITZ, LLC.  All bills must be paid to representatives of the auctioneer at the plant unless otherwise announced.  The full purchase price on all lots sold to the same buyer must be paid within the time fixed and before removal of any of the goods.

5.  CONDITION OF ARTICLES SOLD:  Neither the auctioneer nor the seller shall be responsible for the correct description, genuineness, authenticity of, or defect in any lot, and makes no warranty in connection therewith. No sale shall be set aside nor allowance made on account of any incorrectness, error in cataloging, or any imperfection not noted.  NO DEDUCTION ALLOWED ON DAMAGED ARTICLES, ALL ARTICLES BEING EXPOSED FOR PUBLIC EXHIBITION, AND SOLD "AS IS" AND “WHERE IS” AND “WITH ALL FAULTS” AND WITHOUT RECOURSE.  ARTICLES ARE NOT WARRANTED AS MERCHANTABLE OR FIT FOR ANY PARTICULAR PURPOSE.  NO CLAIM MAY BE MADE BY PURCHASER RELATING TO THE CONDITION OR USE OF ARTICLES PURCHASED OR FOR PROXIMATE OR CONSEQUENTIAL DAMAGES ARISING THEREFROM.

6.  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.

7.  INDEMNIFICATION:  Purchaser shall defend, indemnify and hold auctioneer 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 and Environmental Protection Agency requirements, or for proximate or consequential damages, costs or legal expenses arising therefrom.

8.  CLAIMS:  NO CLAIMS WILL BE ALLOWED AFTER REMOVAL OF GOODS FROM THE PREMISES OR LEFT ON THE PREMISES PAST THE ALLOWED TIME LIMIT.

9.  RESPONSIBILITY FOR NON-DELIVERY: Neither the auctioneer nor the seller, in any event, shall 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.

10.  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 and removed 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 including legal fees, will be charged to the defaulting purchaser. 

11.  RISK TO PERSON AND PROPERTY:  Persons attending during exhibition, sale or removal of goods assume all risks of damage of or loss to person and property and specifically release the auctioneer and seller from liability therefore.  Neither the auctioneer nor his principal 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, GLENN A. WINTERNITZ, LLC. will not allow them to work on these sale premises unless they have placed with the auctioneer proper insurance protecting GLENN A. WINTERNITZ, LLC and our CLIENT/COMPANY that the auctioneers are conducting the sale for, against any and all claims arising from personal injury and/or property damage created by their actions.  This requirement is for the auctioneer's protection - NOT FOR THE PURCHASER'S therefore the auctioneer 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.  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.

14.  SALE BY ESTIMATED WEIGHT, COUNT OR MEASURE:  When 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.  (See Paragraph 4 for time and Guarantee Limitation.)

15.  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. 

16.  RESERVE:  The auctioneer reserves the right to reject any and all bids.  On lots upon which there is a reserve, the auctioneer or his assigned agents, shall have the right to bid on behalf of the seller.

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

18.  INDEPENDENT CONTRACTOR:  The auctioneer is acting as an independent contractor only and is not responsible for the acts of its principals or sellers.

19.  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.