Sale Terms and Important Information

THIS IS AN ONLINE AUCTION BEING HELD ON TUESDAY, OCTOBER 19^TH, 2021 AT 10:00 A.M. (CDT).  THE ITEM IS BEING PRESENTED FOR SALE AS IS/WHERE IS, WITHOUT WARRANTY OF ANY KIND EXPRESSED OR IMPLIED.  A 15% BUYERS PREMIUM WILL BE APPLIED TO ALL PURCHASES.

QUESTIONS CAN BE DIRECTED TO:

GEORGE RISSMANN AT ATEC (314) 778-9893 OR GRISSMANN@ATEC-INC.COM 

1. REGISTRATION – All bidders must register for the sale providing name (& business if applicable), address, reliable contact phone number, email address, valid credit card number and bank letter (if paying by check). Credit Card information is utilized to validate the registrant and will not be used as payment without express authorization from the buyer after the sale. Complete registration information is vital to being quickly approved for the sale.  Incomplete registrations may not be approved at the discretion of ATEC.  By registering, the bidder acknowledges that they have read, accept, and agree to abide by the terms set forth in this document and the Terms & Conditions of Invoice attached to this document.  It is the registrant’s responsibility to seek clarification of any terms and conditions not clearly understood or left undefined within this document. 

2. DEPOSIT – International bidders (outside of the US) must contact the auctioneer directly and may be subject to deposit.

3. INSPECTION – Items are located at Direct Advertising Corporation at 1100 Stafford Street in Washington, Missouri 63090. Inspection will take place on Monday, October 18^th, 2021, from 10:00 A.M. to 2:00 P.M.

4. BIDDING – All bidders must be registered to participate in this sale.  A 15% Buyer’s Premium will be added to the sale price of all purchases. Placing a bid acknowledges that the bidder has read, accepted, and agrees to abide by the terms set forth in this document.  Placing a bid also signifies a contractual intent to purchase at the specified bid amount and cannot be rescinded.

5. PAYMENT – All sales must be paid in full within 2 business days of the sale closing. ATEC accepts Cash, Cashier’s Check, Check with Bank Letter, and Wire Transfer as payment. All items are sold “As Is/Where Is”. A 15% Buyers Premium will be added to the sale price of all purchases. Any unpaid purchases will be re-sold at the auctioneer’s discretion.

6. REMOVAL - THERE IS NOT A FORKLIFT ONSITE. Removal is the sole responsibility of the buyer.  The auctioneer is not responsible for preparing items for shipping or removal.  Nothing will be released until that item has been paid for in full and a copy of the paid invoice is presented to an ATEC representative. 

Removal will take place by appointment only. The item must be removed from the building no later than October 26^th, 2021, at 2:00 pm. If the item is not removed by October 26^th, 2021, at 2:00 pm, ATEC will charge a penalty fee of $100 per day. Any items not removed OR SCHEDULED FOR REMOVAL by Monday, October 25^th, 2021, at 4:00 pm will be considered abandoned and resold.

* PLEASE NOTE: ATEC WILL NOT HAVE ACCESS TO THE BUILDING AFTER OCTOBER 29^TH, 2021.

If you have questions regarding removal or need to schedule removal, contact Ryan Rombach (314) 648-9596 or via email rrombach@atec-inc.com.

If you employ someone to remove your purchases, they must provide a copy of the paid invoice to our representatives on site.  ALL PROFESSIONAL MOVERS MUST PROVIDE ATEC WITH A CERTIFICATE OF INSURANCE PRIOR TO REMOVING ANY ITEMS.

7.  MERCHANDISE – All items are being sold AS IS/WHERE IS with no warranties as to the condition of the property or the title thereto.  Neither the auctioneer nor the seller shall be responsible for discrepancy in description or nomenclature.  The auctioneer does not own any of the items in the sale and is working on behalf of the seller.  The auctioneer reserves the right to remove, on behalf of the seller, any items identified by the seller to have a clear defect or legal encumbrance not initially known and identified at the time of posting.  Neither the auctioneer nor the seller shall be held responsible for any issues related to the safe handling and transport of item(s) purchased, as removal is the responsibility of the buyer.

IT IS YOUR RESPONSIBILITY TO CLARIFY ANY OF THE TERMS OR CONDITIONS PRIOR TO BIDDING ON ANY ITEMS. 

TERMS AND CONDITIONS OF INVOICE

BUYER SHALL BE DEEMED TO HAVE ACCEPTED THE INVOICE TERMS AND THESE TERMS AND CONDITIONS BY TENDERING THE PURCHASE PRICE TO SELLER OR TAKING POSSESSION OF THE GOODS, WHICHEVER OCCURS FIRST.

The accompanying invoice and these terms and conditions of sale (these "Terms") are the only terms which govern the sale of the goods set forth in the invoice ("Goods") by OSP LLC d/b/a ATEC, the seller named on the invoice ("Seller") to the buyer named on the invoice ("Buyer"). Notwithstanding anything herein to the contrary, if a written contract signed by both parties is in existence covering the sale of the Goods covered hereby, the terms and conditions of said contract shall prevail to the extent they are inconsistent with these Terms.  These Terms prevail over and shall supersede and replace any of Buyer's general terms and conditions of purchase regardless whether or when submitted or delivered by Buyer.

Risk of loss for the Goods passes to Buyer once the auction for the Goods closes.  Title of the Goods passes to Buyer upon delivery by Buyer of the purchase price for the Goods.  All prices are exclusive of all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any governmental authority on any amounts payable by Buyer. Buyer shall be responsible for all such charges, costs and taxes.

ALL SALES ARE FINAL WITH NO REFUNDS, RETURNS, OR EXCHANGES.  Buyer accepts that the Goods are being sold "AS IS, WHERE IS, WHERE CURRENTLY LOCATED, WITH NO WARRANTIES AS TO THE CONDITION OF THE PROPERTY OR TITLE THERETO," irrespective of where the Goods may be located, without any warranties or representations of any kind by Seller to Buyer.  Buyer acknowledges and agrees that it has had a full opportunity to inspect the Goods prior to sale.  Buyer further acknowledges and agrees that it and its agents have relied and are relying solely on their own skill and experience in inspecting the Goods and has neither relied upon the skill or judgment of the Seller nor believes the Seller or its agents possess any special skill or judgment in inspecting the Goods.  SELLER EXPRESSLY DISCLAIMS, AND BUYER EXPRESSLY WAIVES, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, COURSE OF DEALING, CUSTOM AND PRACTICE, OR OTHERWISE, REGARDING THE GOODS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES WITH RESPECT TO THE QUALITY, CONTENT, CONDITION (INCLUDING, WITHOUT LIMITATION, PHYSICAL AND ENVIRONMENTAL CONDITION) OR USE OF THE GOODS. SELLER SHALL NOT BE LIABLE FOR AND BUYER HEREBY RELEASES SELLER AND ITS EMPLOYEES, MEMBERS, MANAGERS, AND AGENTS FROM ANY DAMAGES WHATSOEVER, INCLUDING SELLER’S ATTORNEY FEES, RELATING TO OR ARISING FROM THE GOODS, INCLUDING, WITHOUT LIMITATION, ANY AND ALL DIRECT, INCIDENTAL, AND CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY IN TORT).  SELLER HAS MADE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, TO THE BUYER CONCERNING THE FITNESS OF THE GOODS FOR THE PARTICULAR PURPOSES OF THE BUYER, IF ANY, AND SELLER ASSUMES NO RESPONSIBILITY FOR THE CONDITIONS, SAFENESS, USABILITY, REPAIR OR FITNESS OF THE GOODS.  THERE IS NO WARRANTY RELATING TO TITLE, POSSESSION, QUIET ENJOYMENT, OR THE LIKE IN THIS DISPOSITION.