12' Step Ladder by Werner

TERMS OF SALE –Timed Online Auction  Timed Online Auction Bidding Terms Of Sale

YOUR BID IS A CONTRACT TO BUY.

NOTICE: By bidding on any lot you are creating a contract to buy. Failure to pay for any lot won will be a breach of your contract. Hamilton Group, LLC and The Secrured Party  reserve all rights to remedy any breach of contract by any bidder. All persons, bidders, interested parties, registered bidders or persons intending to register, view, inspect, bid or purchase any personal property, inventory, equipment, lot or item (collectively the “Equipment”) at this auction sale agree that they have read and have full knowledge and understanding of these terms and agree to be bound by these terms.  All persons attend this sale at their own risk.  Within these Terms of Sale, “Auctioneer” means “Hamilton Group, LLC” including its officers, directors, employees, agents and assigns.  “The Seller” means The Secured Party That has retained us to sell these assets including his officers, directors, attorneys, employees, agents and assigns. Equipment means any “Lot”, “Merchandise”, “Product” or any item, machine, lot, part, group of parts, or products offered for bid or for sale. “Purchaser” means Bidder, registered person, registered company or registered business.

1) IDENTIFICATION OF BIDDER: All Purchasers are required to give full name and address and shall electronically sign the within terms of sale. By registering to bid you acknowledge and agree to be bound by the terms of sale.

2) DEPOSIT: To qualify to bid, each purchaser shall be qualified by the auctioneer.

3)TIME OF PAYMENT AND SETTLEMENT, BUYERS PREMIUM: All bills and/or invoices due must be paid and received in full in US Dollars to Auctioneer by May 27, 2016.  Title shall pass after full payment has been received by the Auctioneer or its agent via the usual and customary form of bill of sale, invoice or prebill. METHOD OF PAYMENT: Cash, Wire Transfer or Cashier’s Check only, personal / business checks not accepted.  VISA/MASTERCARD up to $2,500.00 with signed credit card agreement only. ALL SALES FINAL REGARDLESS OF MANNER OR METHOD OF PAYMENT.  BUYERS PREMIUM: A Fifteen percent (15%) Buyers Premium will be charged and shall apply to all lots sold. Credit Cards will be subject to an additional 4% administrative surcharge.  SALES TAX: All items are subject to California Tax unless a copy of your resale certificate or a blanket exemption is received at time of invoicing. Auctioneer has not taken possession of Equipment being offered at auction and is acting as an agent only. Failure to complete your transaction will result in court charges and penalties for collection.

4) METHOD OF PAYMENT: All checks, deposits, balances due shall be made payable to the order of Hamilton Group, LLC All bills and invoices must be paid to an authorized representative of the Auctioneer.  The full purchase price, including Buyer’s Premium, appropriate Sales and/or Use Taxes on all lots sold must be paid at the conclusion of the auction and no later than May 27, 2016 at 3:00PM. All payments must be made via cash, bank check, certified check and/or wire transfer. Conclusion of the auction is defined as the closing of the last lot of the auction. Failure to complete your transaction will result in court charges.

5) NO CREATION OF BAILMENT: The relationship between the Auctioneer, Hamilton Group, LLC and the Purchaser is not bailment. 

6) CONDITION/REPRESENTATION OF EQUIPMENT SOLD: The Auctioneer and secured parties shall not be responsible for the accuracy or correctness of the description of the Equipment.  The Auctioneer shall not be responsible for the authenticity of, nor any defect in any Equipment and make no warranty or representation of any kind whatsoever either expressed or implied in connection with any Equipment being sold or presented for sale.  No deductions, allowances, returns, credits, or reimbursements will be allowed for any equipment damaged.  All Equipment is sold strictly “AS IS”, “WHERE IS”, “WITH ALL FAULTS” and without recourse.  No Equipment sold or presented for sale is warranted as merchantable or fit for any specific or particular purpose or use.  No claims may be made by any purchaser that relate to the fitness, safety, use or condition of any Equipment purchased, or for any damages whether consequential or otherwise which arise therefrom. Preparation for shipping or removal is the sole and absolute responsibility of the Purchaser. Purchaser assumes all liability and responsibility for removal of any fluids, hazardous substances within or attached to the equipment purchased.

7) REMOVAL & SECURITY OF LOTS PURCHASED: THE SECURITY OF ANY LOT WON LIES WITH THE PURCHASER AND BEGINS AT THE CONCULSION OF THE AUCTION. All purchases must be removed by June 2^nd, 2016 buyers of the large Lithone or Four Color Heidelberg Press Can Request an extra week.   Removal shall be at the sole expense, risk, liability and responsibility of the purchaser.  Auctioneer shall not be responsible under any circumstances for any Equipment not removed within the time allowed.  Auctioneer shall not be responsible for loss resulting from storage on or at auction site after conclusion of sale.  Failure to remove any Equipment purchased by June 2^nd, 2016 shall be deemed to be abandonment of such Equipment.  The Auctioneer shall be entitled to dispose of such Equipment for its own account and in any manner it chooses, unless otherwise agreed to in a writing signed and the Purchaser.  All Equipment left on the premises after the close of the auction are left at the sole risk of loss by the purchaser.  Auctioneer will have supervision of the Equipment during normal business hours of 9AM to 5 PM only and only when the auctioneer has access to the warehouse. Auctioneer will cease to have access to the Equipment after June 7^th and shall have supervision of the premises during normal business hours of 9:00 AM to 5:00 PM only. Risk of loss to the Bidder begins at the conclusion of the auction. APPOINTMENT FOR REMOVAL IS REQUIRED. NO PURCHASER SHALL REMOVE ANY LOT WITHOUT A PAID INVOICE AND ESCORT BY AUCTION PERSONELL.

Buyer shall be responsible to completely remove all Equipment purchased and shall proceed diligently in the removal of the Equipment. Any Equipment not removed by the posted removal date may be subject to daily storage charges. No forklifts, tools or material handling equipment located at the auction site may be used by Buyers during removal. Auctioneer takes no responsibility or any liability resulting from claims for loss or damage to equipment due to removal by Buyer. Auctioneer makes no warranty about damage free transport and takes no responsibility or any liability resulting from claims for loss or damage to equipment during transport to Buyer’s location. During removal of Equipment, no liability can be accepted by the Seller or Auctioneer for any loss or damage arising from strikes, industrial disputes, war, acts of God, and other things beyond Seller’s or Auctioneer’ control. Anyone bringing a forklift or machine to remove into the building will be required to provide proof of insurance and name The Hamilton Group & Landlord as additionally insured. 

7) INDEMNIFICATION: The Bidder agrees to hold the Auctioneer, Hamilton Group, LLC, andthe Secured Parties, landlord  along with their respective agents, officers, directors, shareholders, partners, members or affiliates harmless, now and forever, from and against all liabilities, claims, damages, or actions relating to or arising from the condition or use of the Equipment purchased, or from the failure of the purchaser or user to conform to or follow instructions, warnings, operating or other recommendations of the manufacturer, or failure to comply with state, federal or local law(s) applicable to such articles, lots or items, or from any damages whether consequential or otherwise, and any and all costs or legal expenses arising from any liability, claim or action.

8) SALE BY ESTIMATED WEIGHT, COUNT OR MEASURE: Quantities presented in the auction catalog are estimations only and not warranted as fact.  No deductions or allowances will be made by the Auctioneer in regard to the inventory count of any item.

9) RESPONSIBILITY OF NON- DELIVERY: Auctioneer shall not be responsible to any party for non-delivery.

10) RISK ASSUMED BY PERSONS, BIDDERS AND PURCHASERS: All persons whether purchasers, attendees, or interested parties attending the inspection or removal of the lots assume all risks of damage or loss to person and property and release the Auctioneer, Hamilton Group, LLC from any and all liability.  The Auctioneer shall not be liable for any defect in or condition of the premises upon which the auction, inspection or move out is held.  All persons attending this sale do so at their own risk and hereby release the Auctioneer from any and all claims arising from attendance at this auction and hereby hold harmless the Auctioneer Hamilton Group, LLC from all damages, costs, expenses and claims arising from any action or cause of action arising from this sale.

11) ADDITION TO/WITHDRAWAL FROM SALE, METHOD OF SALE: Auctioneer reserves the right to add or withdraw items, articles or lots from the sale whether listed or not, and reserves the right to group, split, combine or divide lots in to larger or smaller lots wherever the best interest of the seller is served.  The Auctioneer reserves the right to accept or reject, for any reason, any and all bids.

12) DISPUTE BETWEEN BIDDERS: Auctioneer reserves the right to put up for resale or decide winner should a dispute among bidders arise.  The Auctioneer’s decision shall be deemed absolute and final.

13) RECORDS/AGENCY: The record kept by the Auctioneer or clerk shall be final in the event of dispute. This shall be a Connecticut contract and shall be deemed to have been made in Connecticut. Any claim relating to the contract or to the sale or use of the Equipment shall be governed by and construed in accordance with the laws of the State of Connecticut (regardless of the laws that might be applicable under principles of conflicts of law). The terms and provisions of the United Nations Convention on Contracts for the International Sale of Goods are expressly agreed to be not applicable to any contract between Buyer and Seller relating to the Equipment.

14) Cash Purchases For any purchase in cash with a value of $10,000 or greater, the Buyer will be required to complete United States Treasury Department form number 8300. These forms are available from the Auctioneer or Auctioneer and must be completed and returned to the Seller as directed at the time of payment.

15) DEFAULT OF PAYMENT: Should purchaser default on payment for any reason or fail to pay bills in full by May 27, 2016 and/or by failure to remove the Equipment by June 2^nd 2016 Auctioneer and secured parties shall be entitled to, and in addition to any and all other remedies under applicable law, retain all monies received as deposit, partial payment or otherwise as liquidated damages.  Any Equipment not removed within the fixed time above may be resold at a future sale whether public or private sale without further notice.  All expenses, balances due, charges of resale, including reasonable attorneys’ fees and expenses incurred by the Auctioneer will be charges to and be the responsibility of the Bidder. Failure to complete your transaction will result in court charges.