DO NOT BID UNTIL YOU HAVE READ ALL OF THE BIDDING TERMS SET FORTH. DO NOT BID UNLESS YOU AGREE TO ALL OF THE TERMS BELOW. BY CONSENTING AND BIDDING YOU ARE ACKNOWLEDGING AGREEMENT WITH THE TERMS BELOW.

PLEASE NOTE THAT BUYING BACK YOUR OWN EQUIPMENT THROUGH THE ONLINE PLATFORM IS NOT ACCEPTED.

We are not here to intentionally misrepresent equipment or mislead buyers with descriptions or pictures. However, there could be errors made in this catalog. Any errors made in describing items or picturing does NOT negate the buyer’s responsibility to pay for their purchases. We make every effort to correct any errors before the lot hits the Auction Block. It is the buyer’s responsibility to make sure each item meets their needs before placing a bid.

PLEASE NOTE THAT BUYING BACK YOUR OWN EQUIPMENT THROUGH THE ONLINE PLATFORM IS NOT ACCEPTED.

Quick Notes:

Buyers premium is 10% with a $500 cap for online purchases. There is an additional 2% internet bidding fee for all online purchases.
We accept wire transfers ($30 wire fee) and credit/debit card as payment methods (4% administration fee required for all credit/debit card transactions. Card authorization form is required before items can be picked up or shipped)
Sales tax will be charged in PA, MD, NJ, OH, VA and TN automatically. All other states will not be charged tax if item is shipped via third party shipping company. THE ONLY OTHER WAY TO GET OUT OF SALES TAX IS IF YOU HAVE A VALID TAX EXEMPTION LICENSE FROM YOUR STATE AND YOU FILL OUT A PA SALES TAX EXEMPTION FORM.

1. “As Is” Sale;
Disclaimer of Warranties. All items sell “AS IS-WHERE IS”, with all faults and with no guarantees or warranties of any type, expressed or implied, including, without limitation, those as to the merchantability or fitness for a particular use or purpose. I agree that these terms, as well as all other terms set forth below, can be amended or revised only in writing, signed by the Auctioneer. I also agree that any oral representation made by the Auctioneer shall not modify these terms. I understand that any description given in the catalog or written on the equipment is not guaranteed, and I will rely entirely on my own inspection. All information and descriptions contained in advertising this sale are believed correct, but no responsibility is assumed by Auctioneer for any errors or omissions.

2. Risk of Loss.
Items purchased by me become my responsibility and I assume all risk of loss or damage beginning immediately upon declaration of “SOLD” by the Auctioneer and it shall be my responsibility to inspect and insure my purchases. The Auctioneer shall not be responsible for any loss or damage to any lot or item so purchased by me thereafter.

3. Injury.
All persons who attend an auction do so at their own risk, and neither the owner nor the Auctioneer assume any liability for accidents which may occur. I agree to indemnify and hold the Auctioneer harmless from and against all claims, losses, expenses, damage or liability (including, but not limited to, reasonable attorney fees), directly or indirectly caused by or resulting from any action or omission of my agents, contractors or employees.

4. Bidding Rules.
Once the Auctioneer declares “SOLD” and an item has been declared sold to me, I cannot retract my bid and I will be required to carry through with the purchase, including, without limitation, paying the full purchase price therefor and picking up my item immediately after the auction. I agree that the seller, any lien holder, or Auctioneer, either personally, through the Auctioneer, or through any other person or entity, shall have the right to bid on behalf of the seller, or on their own behalf.

5. Buyers Premium.
Buyers premium is 10% with a $500 cap for online purchases. There is an additional 2% internet bidding fee for all online purchases.

6. Payment Prior to Delivery or Transfer of Title.
For any item for which I am the highest bidder, I agree that I will pay all amounts owed in full with wire transfer (I will add $30 wire fee to invoice) or credit/debit card (There will be a 4% administration fee added to any credit/debit card transactions, I agree that I will fill out a credit card authorization form as well before pickup or shipping can be arranged). PLEASE NOTE THESE ARE THE ONLY FORMS OF PAYMENT ACCEPTED FOR ONLINE PURCHASES. Full payment is due within 5 business days of auction day.

7. Auctioneer’s Right to Terminate Purchase.
If, for any reason, Auctioneer is unable to deliver my purchase to me, or deliver such purchases free and clear of liens, I agree that Auctioneer may terminate the purchase and this Contract, in which case Auctioneer’s only liability shall be the return of any monies actually paid by me.

8. Removal and Failure to Remove.
All my purchases shall be removed from the auction site without damaging any property within 30 days of the date of the sale or as otherwise posted at the auction site. All costs, liability, damage, responsibility and risk of such removal shall be borne solely by me and, in every case, I will use prudence and care in such removal and I will not hold or attempt to hold Auctioneer responsible for any losses, expenses, damages, liability, claims or causes of action incurred by me or any other party in connection with or in relation to such removal. If, for any reason, I fail to remove any of my purchases within the time specified, the Auctioneer shall have the right, but not the obligation, in its sole discretion, to resell, remove and store, or discard such purchased item(s) at my sole risk and expense, without waving any rights that Auctioneer or seller may have against me. I shall be liable for all storage charges and damages incurred by the Auctioneer because of my failure to remove my purchases. In addition, I acknowledge, understand and agree that the Auctioneer will assess storage charges for any items not removed within 30 days of the sale at a daily rate of $20.00 per day, and I agree that such storage charges are fair and reasonable and I agree to pay them in full within five (5) days after such charges are assessed.

9. Breach of Contract.
If I fail to complete the purchase of any item and pay the full Purchase Price therefor pursuant to these terms and conditions, I agree that such failure on my part shall be a material breach of this Contract and any money paid as partial payment for amounts due by me hereunder shall be first applied against Auctioneer and/or the Auction Company’s damages, including storage charges, before payment of the Purchase Price of any purchased item(s). If I fail to pay the Purchase Price for any item in full, within thirty (30) days after the date of the sale or the date in which I remove the purchased item from the auction site, whichever is earlier, I agree that I will have breached the terms and conditions herein and shall immediately relinquish and release any claim of title or ownership I may have in the purchased item and Auctioneer may keep and store the item in its dominion and control and such item(s) will be resold by public or private sale without further notice, at my risk and expense. Further, in the event of such breach, I agree that, as liquidated damages, to pay to the Auctioneer the difference between my high bidding price and the high bidding price at such future sale plus any charges, costs or expenses arising from such resale. I agree to indemnify and hold Auctioneer harmless from all loss, cost, expense and other damage (including reasonable attorney’s fees), directly or indirectly sustained by the Auctioneer or other seller, arising from or related to my or my agent’s failure to comply with these terms of bidding and sale or other breach of the terms of this Contract. I shall not be entitled to any portion of the amount received by Auctioneer in the event of a resale in which an item is sold for more than my successful bid. If, in the Auction Company or the Auctioneer’s reasonable discretion, I breach any of the terms and conditions in this Contract, the Auction Company or the Auctioneer shall have the right to prevent me from participating, directly or indirectly, in any future auction or sale, whether public or private.

10. Refund or Return Policy.
All sales are final. The Auction Company and the Auctioneer shall not be obligated to accept any returns or issue any refunds in any circumstance. However, in the event that either the Auction Company or the Auctioneer agree to accept a return or grant a refund, I agree that the total amounts refunded to me will not exceed an amount equal to the Purchase Price minus the Buyer’s Premium.

11. Governing Law;
Consent to Suit in Pennsylvania. In the event of legal proceedings arising from this Contract or from the auction in connection therewith, I consent to being subject to the personal jurisdiction of the courts of the Commonwealth of Pennsylvania and agree that the proper venue shall be the Court of Common Pleas of Blair County, Pennsylvania (or in the event the sale takes place in a different county, in the Court of Common Pleas of said county). This Contract and the terms and conditions herein shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.

12. Notice of Video and Audio Recording.
I understand that the Auction Company is using both video and audio recording equipment to document the auction. I understand that these recordings can be used in any legal proceedings or issues arising from this Contract or from the auction in connection therewith.

13. Additional Terms In Catalog and As Announced.
I agree to abide by all of these terms, AS WELL AS THOSE WRITTEN IN THE AUCTION CATALOG, ON THE SALES INVOICE OR OTHER PRINTED MATERIALS USED BY AUCTIONEER IN THE SALE PROCESS. Additional terms and conditions may be announced by the Auctioneer from the floor at the auction, which become part of this Contract.

14. Sales Tax.
Sales tax will be charged in PA, MD, NJ, OH, VA and TN automatically. All other states will not be charged tax if item is shipped via third party shipping company. If you are tax exempt and have a valid tax exemption license from your state you will need to send us a copy of your tax exemption license. You will need to also fill out a PA Sales Tax Exemption form as well. PLEASE NOTE THAT PUTTING A SSN OR EIN IN AS YOUR SALES TAX LICENSE NUMBER IS NOT VALID. Once we receive this documentation back we will resend you an invoice with the sales tax removed. Otherwise sales tax will be charged without exception.

DO NOT BID UNTIL YOU HAVE READ ALL OF THE BIDDING TERMS SET FORTH ABOVE, DO NOT BID UNLESS YOU AGREE TO ALL OF THE TERMS ABOVE. BY CONSENTING AND BIDDING YOU ARE ACKNOWLEDGING AGREEMENT WITH THE TERMS ABOVE.

Lot # 1084 - L & J FABRICATING CO. POST DRIVER 1084

Auctioneer Info

Description

Specifications