3176

Terms & Conditions:

1. Bidder card requirements are one of the following:
Twenty-five percent (25%) refundable cash deposit with
$200.00 minimum.
A bank letter guaranteeing the amount of your check or
wire transfer drawn on your account. The bank letter
must specify business or personal account.

2. A ten percent (10%) buyer’s premium will be added to
all sales. An additional 3.5% buyer's premium will be
added to all internet purchases.

3. Payments shall be:
Cash, check with bank letter, same day wire transfer.
Paid immediately after completion of auction. In
default if payment in full is not made within the time
specified. Barliant Auctions, Inc., in addition to all
other remedies allowed by law, may retain all monies
received as liquidated damages. Lots not paid for
and/or removed within the time allowed herein may be
resold by public or private sale. Any deficiency,
together with all expenses of resale, will be charged
to the defaulting buyer. The record of sales kept by
the auctioneer and clerk will be taken as final.

California State sales tax will be collected where
applicable.


4. Warranty & Description: Barliant Auctions, Inc. and
Tengu Company, Inc. make no warranty, expressed or
implied, including any implied warranty of
merchantability or fitness for a particular purpose,
and no person has authority on behalf of Barliant
Auctions, Inc. to grant such warranty or make any
representation, written or oral, regarding such
equipment, parts or supplies. While we have endeavored
to be as accurate as possible in our descriptions,
buyers should avail themselves of the opportunity to
make inspection prior to purchase and should use their
own determination as to make, model, condition, age,
value and any other pertinent information required.

5. Safety Devices: Articles purchased may not incorporate
approved activating mechanisms, operating safety
devices or safety guards, as required by OSHA or
otherwise. It is buyer’s responsibility that
articles purchased be so equipped and safeguarded to
meet all requirements on equipment sold at this
sale.

6. Indemnification: Buyer shall defend and indemnify and
hold Barliant Auctions, Inc. and Tengue Company, Inc.
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
manufacture, 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 therefrom.
7. Barliant Auctions, Inc. and Tengu Company, Inc. reserve
the right to withdraw items from or add items to
the sale, and also reserve the right to group one or
more lots or subdivide into two or more lots. Items
being sold by quantity will be "times the money".

8. Proxy bids will be bid by Barliant Auctions, Inc. on
the buyer’s behalf.

9. Disputes between bidders: If any dispute arises
between two or more bidders, the auctioneer’s
decision will be final.

10. Minimums and Reserves:
When an item is offered as ABSOLUTE, the high bid will
be accepted without any conditions. When an item is
offered WITH A MINIMUM BID, the high bid will be
accepted if it is equal to or greater than the minimum.
Items offered WITH RESERVE are subject to the seller’s
acceptance of the high bid.

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.

11. Removal:
The auctioneers will make every effort to provide
security at the auction site. However, after a piece of
equipment is sold, its removal and security become the
sole responsibility of the buyer. No equipment will be
removed until auction is completed.
Small hand carried items to be removed within 10 days
after the auction, large items to be removed by
Wednesday, May 23rd, 2007. If more time is needed for
removal of items such as rendering and smokehouses
arrangements can be made with a guard service charge.
Property not removed by this time will be considered
abandoned and disposed of. No claims will be
acknowledged.

Any Rigging Company must have insurance bonds in
auction company’s possession prior to any removal.
Check out will be 9 a.m. to 4 p.m. weekdays. Upon
request, weekends may or may not be made available.

12. Claims: No claims will be allowed after removal of
goods from premises.

13. Risk to person and property: Persons attending during
inspection, sale, or removal of goods assumes all risks
of damage of or loss to person and property and
specifically release Barliant Auctions, Inc. and
Tengu Company, Inc. from any and all liabilities.

14. Announcements made on the day of sale supersede any
printed material or other advertised
information.

Please contact us or notify our staff at this auction if your company has the need of an appraisal or has surplus equipment from single items to complete plants or if you need equipment not offered at this sale.