TERMS OF SALE
NOTICE: All bidders at 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 register
and give full name, address and credit card information.
2. PAYMENT: Invoices must be paid in full within 48 hours
of the closing date of the sale unless otherwise
specified. A BUYER'S FEE / PREMIUM of 18.00% WILL BE
APPLIED TO INVOICE IN ADDITION TO THE SALES PRICE FOR
CASH AND CERTIFIED FUNDS PAYMENTS - THIS REFLECTS A 3%
DISCOUNT. CREDIT CARD AND NON CERTIFIED PAYMENT METHODS
WILL BE CHARGED A 21% BUYERS PREMIUM; SALES TAX MAY APPLY
TO ALL PURCHASES UNLESS BUYERS HAVE PROPER EXEMPTION.
Business and Personal checks will not be accepted without
a letter of verification from your bank similar to below.
(Your Bank Name) unconditionally guarantees payment to
Heath Industrial from (Your Company Name) up to the
amount of __________. This guarantee will be valid for
purchases made at the auction of (Auction Name) on
(Auction date). NO MERCHANDISE WILL BE RELEASED UNTIL
INVOICE IS FULLY PAID.
3. REMOVAL: All purchases MUST be removed as herein listed:
REMOVAL HOURS STARTING THURSDAY, MAY 24th -
THURSDAY, MAY 31ST, 9 AM - 4PM, NO WEEKEND OR HOLIDAY REMOVAL.
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. Our supervisor will leave the facilities on
FRIDAY, MAY 31ST AT 4:00PM and all assets remaining
at the facility will be considered abandoned.
4. MANNER OF PAYMENT: All deposits and balances due shall
be payable to the order of HEATH INDUSTRIAL. All bills
must be paid to Heath Industrial. All payments must be
made by Cashier's Check, Wire Transfer or Company Check
with Bank Letter of Guarantee. The full purchase price on
all lots sold to the same buyer must be paid in full
within 48 hours of the auction closing date 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. ALL ARTICLES ARE EXPOSED FOR
PUBLIC EXHIBITION & INSPECTION, AND SOLD "AS IS", "WHERE
IS" AND WITH ALL FAULTS, AND WITHOUT RECOURSE. ARTICLES
ARE NOT WARRANTED AS MERCHANTABLE OR FIT FOR ANY
PARTICULAR PURPOSE, AND 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 are so
equipped and safeguarded to meet OSHA and any other
requirements before placing such articles into operation.
7. INDEMNIFICATION: Purchaser shall defend and 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
requirements, and Environmental Protection Agency
requirements, or for proximate or consequential damages,
costs or legal expenses arising there from.
8. CLAIMS: NO CLAIMS WILL BE ALLOWED AFTER REMOVAL OF GOODS
FROM PREMISES OR LEFT ON PREMISES PAST 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 thereof.
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. Bidder acknowledges that an auction
site is a potentially dangerous place with heavy equipment
being operated and electric circuits being live. Every
person at the auction site before, during and after the
auction sale shall be deemed to be there at their own risk
with notice of the condition of the premises, the
activities on the premises and the conduct of third
parties and the Bidder shall so advise his agents and
employees. No person shall have any claim against the
Auctioneers, their agents, employees or principals for any
injuries sustained nor for damages to or loss of property
which may occur from any cause whatsoever.
12. CONTRACT MOVERS: ALL EQUIPMENT TO BE LOADED BY
CONTRACT MOVERS, whose pricing for loading is listed on
each item.
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 3 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, 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. BREACH: Without limiting other remedies, we may limit
your activity, immediately remove your bids or Item
listings, warn our community of your actions, issue a
warning, temporarily suspend, indefinitely suspend or
terminate your membership and refuse to provide our
services to you if: (a) you breach this Agreement; (b) we
are unable to verify or authenticate any information you
provide to us; or (c) we believe that your actions may
cause financial loss or legal liability for you, our
Users or us
20. ADDITIONAL TERMS AND CONDITIONS: The auctioneer may
add other terms and conditions of sale, such additional
terms and conditions to be posted prior to the auction.