Barliant Auctions, Inc. Terms of Sale
The Former Orval Kent, 120 West Palatine Road, Wheeling, IL 60090, November 4, 2009, 10:00 A.M.

Terms & Conditions:
1. Bidder card requirements are one of the following:
A.) Twenty-five percent (25%) refundable cash
deposit with $200.00 minimum.
B.) 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 twelve percent (12%) buyer’s premium will be added to
all purchases. An additional three percent (3%) will
be added to all internet purchases.

3. Payments shall be:
A.) Cash, check with bank letter, same day wire
transfer.
B.) Paid immediately after completion of auction.
C.) 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 not 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.
D.) The record of sales kept by the auctioneer and
clerk will be taken as final.
E.) State sales tax will be collected where applicable.

4. Warranty & Description: Barliant Auctions, Inc., Loeb
Equipment and The Former Orval Kent Company 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. All
goods are sold As Is, Where Is. 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., Loeb Equipment and The
Former Orval Kent Company 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., Loeb Equipment and The Former
Orval Kent Company  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.
staff 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. The record kept by the Barliant
Auctions’ clerk will be final in any dispute during
Internet bidding.

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:
A.) 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.
B.) No equipment will be removed until auction is
completed.
C.) Small hand carried items to be removed within 5
days after the auction, large items to be removed
by __________________. If more time is needed for
removal of difficult items, arrangements can be
made with the guard service and fees may be
charged. Property not removed by the allotted
time will be considered abandoned and disposed
of. No claims will be acknowledged.
D.) All Rigging Companies must have insurance bonds in
auction company’s possession prior to any removal.
E.) Check out will be 8:00 a.m. to 4:00 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., Loeb
Equipment and The Former Orval Kent Company 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.

Thank you for attending another Barliant Auctions sale.