2013 Terms of Sale Agreement

BIDDER INSPECTION IS BY APPOINTMENT ONLY. CALL SCHNEIDER INDUSTRIES AT 314-863-7711. AVAILABLE INSPECTION TIMES ARE JAN 8 FROM 9AM - 4PM AND JAN 14 FROM 9AM -4PM.

ALL BIDDERS MUST ENTER IN CREDIT CARD NUMBERS FOR APPROVAL PROCESS BY AUCTION HOUSE. CREDIT CARDS ARE NOT ACCEPTABLE FORM OF PAYMENT.

ALL WINNING BIDDERS MUST SIGN AND COMPLETE THE BUYER SALE AGREEMENT AT CONCLUSION OF AUCTION. SEE COPY OF BUYER SALE AGREEMENT AT END OF TERMS.

SELLER RESERVES THE RIGHT TO ACCEPT OR REJECT ANY AND ALL BIDS. All bids will be accepted within 48 hours from close of the Auction Sale.
12% Buyers Premium on all sales
3% Internet Fee
Full Payment at Termination of Sale
All Bills must be completed on Day of Sale

1. Only Cash, Checks, Wire Transfers or Cashiers Checks payable to Schneider Industries Inc. will be accepted. No equipment will be removed from the sale site until payment is received by Schneider Industries. NO EXCEPTIONS!

2. While descriptions are believed to be correct, the sellers agent or the owners make no warranties or guarantees expressed or implied, as to the genuineness, authenticity of, or defect in any lot and will not be held responsible for advertising discrepancies or inaccuracies. Everything sold AS IS and WHERE IS except as expressly made in writing. No warranties are made as to the merchantability of any items or their fitness for any purpose.

3. Purchaser hereby agrees to defend, indemnify and hold harmless Seller its directors, officers, employees and other agents and representatives from and against any and all liabilities, judgments, claims, settlements, losses, damages, penalties, obligations and expenses, including attorney`s fees and expenses and other professional fees and expenses, incurred or suffered by such person arising from, by reason of, or in connection with any loss, damage or injury to person or property arising from, by reason of or in connection with the Goods sold hereunder. This indemnification shall survive delivery of the Goods to Purchaser and any subsequent sale or other transfer of the Goods to a third party.

4. It is the buyers responsibility to secure all equipment to meet all applicable government safety standards in using or removing items purchased. All Import, Export, Taxes, Packaging, Rigging & Transportation fees are the buyer`s responsibility. Schneider Industries will provide our customary invoice.

5. Sales Tax will be added to the purchase of all taxable items. Dealers who purchase for resale must file their resale permit numbers. If sales tax is not collected at the time of sale and is deemed needed to be paid at a later date, buyer agrees to pay all required taxes.

6. Purchaser does hereby indemnify and hold harmless auctioneer and seller from any and all damages, claims or liabilities from injuries to persons or property of any type whatsoever caused during the sale or by the removal of items purchased.

7. Sellers agent and Seller shall have no liability to the purchaser due to non-delivery of any item for any reason other than to return to the Purchaser the monies deposited for non-delivered items.

8. In the event the purchaser fails to pay the whole of the purchase within the time set forth by the auctioneers and/or fails to comply with any of the conditions or terms of sale, the seller may retain and/or recover the deposit specified as liquidated damages and, in addition thereto, items that are not paid for can be resold at public or private sale without further notice. Any deficiency resulting from such resale shall be paid to the auctioneers by the defaulting purchaser together with all charges, fees, and expenses incurred by such resale and enforcement of the obligation hereunder.

9. The Bidder becomes solely responsible for all items purchased by him immediately following his winning bid at the auction. Therefore, he is advised to further guard and insure his items at his own discretion.

10. Items must be removed from the premises within the removal time announced at the sale. No item can, on any account, be removed before termination of the sale. Removal shall be at the expense, risk and liability of the purchaser. Auctioneers shall not be responsible for items not removed within the time allowed. If equipment is not removed within specified removal time, purchaser shall be liable for any moving and storage costs incurred and, if not so removed, the items shall be deemed abandoned.

11. If any shortage exists on estimated counts, an adjustment will be made if claims are made at time of removal. No adjustment will be allowed after items are removed from the premises.

12. Technology Disclaimer: Auctioneer does not warrant that the functions, features or content contained in the website, including any third-party software, products or other materials used in connection with the website, will be timely, secure, uninterrupted or error-free, or that defects will be corrected.

13. If any dispute arises between two or more bidders, the sellers agent may or may not put the lot up again at once, and resell.

14. The sellers agent, when acting as agent only, is not responsible for acts of its principals.

15. 12% Buyers premium will be applied to all sales. Seller reserves the right to accept or reject any and all bids.

16. By accepting a sale listing catalog and signing this form the buyer agrees to these terms and any announced terms at the sale.


By signing below I agree all written and announced terms:

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Name Signature
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Date Company Name
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Buyer # Company Phone

E-mail Address:

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You may receive notifications regarding your purchases as well as notifications of our upcoming sales.


BUYER SALE AGREEMENT. ALL BUYERS MUST SIGN. (SEE BELOW)

BUYER TERMS FOR SALE OF USED EQUIPMENT

This Agreement entered into and made effective this 15th day of January, 2015, by and between. ("Buyer" as indicated on attached auction sale invoice from Schneider Industries), and Anheuser-Busch, Incorporated ("AB"), a Missouri corporation, with its principal office at One Busch Place, St. Louis, Missouri 63118. Schneider Industries will act as seller’s agent and will collect all funds, applicable taxes, and buyer premiums for this transaction.


W I T N E S S E T H:

In consideration of the premises and of the mutual covenants and obligations hereinafter set forth, the parties hereto agree as follows:

1. Purchase and Sale. AB shall sell to Buyer and Buyer shall purchase from AB the used equipment and spare parts described in Invoice from Schneider Industries, attached hereto (hereinafter referred to as the "Used Equipment") in accordance with the terms and conditions hereof. Risk of loss or damage to the Used Equipmentshall pass to Buyer upon execution of this Agreement.

2. Purchase Price. To be paid to Schneider Industries upon execution of this Agreement, The price for the Used Equipment does not include brokers` fees or federal, state or local sales, use, excise or similar taxes or assessments applicable to the sale of such Used Equipment. Any such fees (excluding any fee payable to Schneider Industries, Inc.) and taxes shall be paid by Buyer.

3. Removal of Used Equipment. Buyer shall remove the Used Equipment from AB’s facility during the timeframe of January 16th – January 31st , 2014. AB reserves the right for Used Equipment not picked up by Buyer on the agreed to removal date, may be sold or scrapped without further notice. If Buyer dismantles the UsedEquipment at AB’s facility, prior to removal, Buyer MUST used the approved contractor to load and remove all Used Equipment. The approved contractor is:


4. Warranty.

(a) AB warrants that it is the lawful owner of the Used Equipment, free and clear of all liens and encumbrances.

(b) Buyer acknowledges that AB is not the manufacturer or supplier of the Used Equipment and Buyer represents that it has selected the Used Equipment based upon its sole judgment and expertise. In addition, Buyer acknowledges that nothing contained in any discussions between the parties or between Buyer and any broker claiming to represent AB (including without limitation, Schneider Industries, Inc.) shall be deemed to constitute a representation or warranty upon which Buyer can rely. Except as set forth in Section 4(a) above, BUYER ACKNOWLEDGES THAT IT HAS BEEN PROVIDED THE OPPORTUNITY TO INSPECT THE USED EQUIPMENT, BUYER TAKES THE USED EQUIPMENT AS IS, WHERE IS, WITH ALL FAULTS AND DEFECTS BOTH LATENT AND PATENT AND BUYER AGREES THAT AB HASMADE AND MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. AB EXPRESSLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO SUITABILITY, DURABILITY, FITNESS FOR USE AND MERCHANTABILITY OF ANY OF THE USED EQUIPMENT, FOR THE PURPOSES AND USES OF BUYER OR OTHERWISE. IN NO EVENT, SHALL AB BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES. Buyer specifically waives all rights to make any claim against AB for breach of any warranty of any kind whatsoever, other than the warranty in Section 4(a). AB shall not be liable to Buyer for any loss, damage or expense of any kind or nature caused directly or indirectly by the Used Equipment or the disassembly, removal, use, transportation or maintenance thereof, or for the failure of operations thereof, or for repairs, service, or adjustment thereto, or for any interruption of service or loss of use thereof or for any loss of business or any other damages whatsoever and howsoever caused.

5. Indemnity and Release.

(a) Buyer assumes liability for, and hereby agrees to indemnify, defend and hold harmless AB, its successors, assigns, parent, subsidiary and affiliated companies, and the agents, employees, officers, directors of each of the foregoing (the "Released Parties"), from and against any and all liabilities, obligations, losses, damages, claims, demands, actions, costs and expenses (including attorney`s fees and costs, whether or not suit is brought and at trial and all levels of appeal, and in any insolvency, bankruptcy or similar proceeding), of whatsoever kind and nature arising out of the disassembly, removal, use, condition (including, but not limited to, latent and other defects and whether or not discoverable by Buyer or AB), operation, transportation, ownership, selection, delivery, installation, or use and subsequent disposition of the Used Equipment after the sale to Buyer hereunder.

(b) It is agreed that this indemnity shall apply notwithstanding the joint, concurring or contributory fault or negligence of AB and further notwithstanding any theory of law including, but not limited to, a characterization of AB`s joint, concurring or contributory fault or negligence as either passive or active in nature. With respect to the Released Parties` rights pursuant to this Indemnity, Buyer expressly waives all statutory defenses, including, but not limited to those under workers` compensation, contribution, comparative fault or similar statutes that are inconsistent with or would defeat the purpose of this Indemnity. 

(c) Buyer hereby fully and forever releases and discharges and 

covenants not to sue the Released Parties from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated or unanticipated, resulting from or arising out of the Used Equipment after the date of receipt by Buyer. This Release is intended to be as broad and inclusive as permitted by law, and if any portion thereof is held invalid, the balance shall continue in full legal force and effect. This Release shall be binding on Buyer`s heirs, executors, administrators, successors and assigns.

(d) The Released Parties shall give Buyer prompt notice of any Claim brought against any of them coming within the purview of these indemnities. Within five (5) business days after receipt of such notice, the Buyer shall undertake the defense of each such Claim with counsel satisfactory to and approved by the Released Party. If the Buyer fails to undertake and sustain the defense of any Claim in the manner required by this Section 5, the Released Party may engage separate counsel, pay, settle or otherwise finally resolve such Claim for the account and at the risk and expense of the Buyer. Any payment, settlement or final resolution otherwise by the Released Party shall release the Buyer from liability for such Claim. If the Buyer undertakes the defense of a Claim in the manner required by this Section 5, the Released Party may, at its own expense, engage separate counsel and participate in the defense of any Claim brought against it.

6. Insurance. Buyer must utilize removal and rigging services of Dunbar Mechanical. Dunbar is fully insured and compliant with A-B requirements.

7. Removal of AB Logos. Promptly upon removal of the Used Equipment from AB’s facilities, Buyer shall remove from the Used Equipment any and all symbols, designs, figures, trademarks, trade names, service marks, logos or any other matter owned, developed or created by AB, its parent, subsidiary or affiliated companies.

8. Books and Records. From the date hereof and for a period of at least two (2) years thereafter, Buyer shall maintain such books and records (collectively, "Records") as are necessary to substantiate that (i) all warranties made by Buyer in this Agreement are true and accurate in all respects and it is in full compliance with this Agreement, (ii) all invoices and other charges submitted to AB for payment hereunder were valid and proper, and (iii) no payments have been made, directly or indirectly, by or on behalf of Buyer to or for the benefit of any AB employee or agent who may reasonably be expected to influence AB`s decision to enter into this Agreement, or the amount to be paid by AB pursuant hereto. (As used herein, "payment" shall include money, property, services, and all other forms of consideration.) All Records shall be maintained in accordance with generally accepted accounting principles consistently applied. AB and/or its representatives shall have the right at any time during normal business hours, upon two (2) business days` notice, to examine said Records.

9. Complete Agreement; Benefits. This Agreement constitutes the final, complete and exclusive understanding between the parties with respect to its subject matter and supersedes all prior or contemporaneous agreements in regard thereto. The parties have not relied upon any promises, warranties or undertakings other than those expressly set forth in this Agreement. Nothing in this Agreement shall give any person other than the parties to this Agreement or their respective successors or assigns any legal or equitable right, remedy or claim under this Agreement except that the Released Parties specified in Section 5 may enforce their rights thereunder.

10. Amendment. This Agreement cannot be amended or waived except by an agreement in writing signed by authorized representatives of both parties and specifically referring to this Agreement.

11. Waiver. The failure of either party to object to or to take affirmative action with respect to any conduct of the other party which is in violation of the terms hereof shall not be construed as a waiver thereof, nor of any subsequent breach or wrongful conduct. The rights and remedies set forth herein are intended to be cumulative, and the exercise of any right or remedy by either party shall not preclude or waive its exercise of any other rights or remedies hereunder or pursuant to law or equity.

12. Section Headings. The section headings set forth herein are for convenience only and do not constitute a substantive part of this Agreement.

13. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument.

14. Severability. If any provision of this Agreement is deemed to be invalid or unenforceable by any court of competent jurisdiction, then the balance of this Agreement shall remain enforceable, and such invalid or unenforceable provision shall be enforced by such court to the maximum possible extent.

15. Successors and Assigns. Neither party shall assign its rights and/or obligations or delegate its duties under this Agreement without the prior written approval of the other party and any attempted assignment or delegation without such approval shall be void and constitute a material breach. This Agreement and all of the terms and provisions hereof will be binding upon, and will inure to the benefit of, the parties hereto, and their respective successors and approved assigns.

16. Survival. The provisions of Sections 4 and 5 shall survive the closing of the sale contemplated hereby and shall be deemed incorporated in the bill of sale.

17. Governing Law. This Agreement is made in the State of Missouri and shall be governed by the substantive provisions of Missouri law. The parties agree that any legal action or proceeding with respect to this Agreement shall be brought in the United States District Court for the Eastern District of Missouri or, if such court does not have jurisdiction, in any court of general jurisdiction in St. Louis County, Missouri. Buyer consents to the personal jurisdiction of such courts, agrees to accept service of process by certified or registered mail and hereby waives any jurisdictional or venue defenses otherwise available to it.IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be fully executed in duplicate counterparts by their duly authorized representatives on the date first above set forth.



By:

("Buyer")

Name: _______________

Bidder #__________________

Title:

Date: