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Local Pickup Only. We do not ship.
Try Mas Movers or LA Machinery
To reach a member of our qualified support staff regarding information or questions pertaining to the bidding process; please reach us by phone, email or LiveChat
SALE SPECIFIC TERMS AND CONDITIONS
Buyers Premium: Bendis Companies Inc., (BCI) will charge buyers a non-negotiable buyer`s commission based on the amount of the final bid of each lot sold. Bidspotter internet bidders will be charged a 15% buyers commission.
Payment Deadline: Within twenty-four hours after the Auction.
Registration Requirements: All prospective bidders must provide accurate and complete personal information prior to the auction, including name, company name, mailing address and phone number, and credit card information (for internet bidders). First time internet bidders must first register on-line with BidSpotter at BidSpotter.com and then register on-line for the specific BCI auction on Bidspotter. Internet bidders that have already registered with BidSpotter can register directly for the specific BCI auction deposit: BCI requires at registration a refundable deposit of $300. This can be in the form of cash, cashier`s check, company or personal check with an approved bank letter of guarantee, or bank wire transfer. Internet bidders are required to register a valid credit card number, which shall be subject to a 25% hold, and may be required to arrange for a bank letter of guarantee. BCI reserves the right to adjust the amount of the refundable deposit or hold required in its sole discretion.
Removal, Shipping & Logistics: Buyer or its authorized agent is responsible for removal of equipment by the Removal Deadline in accordance with all applicable terms and conditions. Shipping is available. Call 951 968-4301 Rich with Fleetwood.
Removal is 7-30 thru August 1.
Sales Tax: All applicable sales taxes apply. Buyer is responsible for providing documentation necessary for exemption or refund of sales tax paid.
Payment Instructions: Only cash, cashier`s check, company or personal check with a bank letter of guarantee, or bank wire transfer, are acceptable methods of payment. Credit cards are accepted only for internet bidding registration.
Successful Bidder Instructions: Pay your invoice in full. You will then be given two (2) copies of your invoice. Return to the auction site during the removal hours with the pick-up copy of your invoice. The BCI representative will allow you to remove all of the items purchased at the auction. If you are unable to remove all of your items in one day, bring the original white copy of your invoice when you return. This is the only way for BCI to be sure of which items you have already removed.
Other: By using or accessing any BCI services (including internet services), you agree that you have read and understood these terms and conditions and are bound by them. You may not use or access any BCI services if you do not agree to these terms and conditions. If you do not understand any terms and conditions, contact BCI at (951) 780-3418.
DETAILED TERMS AND CONDITIONS
1. The additional terms and conditions below (`Terms`) shall apply to any bid by any party to, or purchase by any party from, Bendis Companies Inc. (`BCI`) in any transaction in which BCI serves as broker, agent, liquidator or auctioneer for any third party owner or for BCI, as principal. These Terms apply to all transactions including, without limitation, public auctions conducted by BCI and direct purchases of any item either before, after or independent of any public auction. By using or accessing any BCI services (including internet services), you agree that you have read and understood the Terms and are bound to the Terms. You may not use or access any BCI services if you do not agree to the Terms. If you do not understand any Terms, contact BCI at (951) 780 3418. These Terms, the Sale Specific Terms and Conditions, terms and conditions contained in the auction catalogue and announced at the auction may collectively be referred to hereinafter as the `Terms and Conditions`.
2. All prospective bidders must provide accurate and complete personal information and agree that whether they are acting as principal, agent, member, officer or director of a corporation, limited liability company or otherwise in any capacity whatsoever, they are personally liable for the payment of the purchase price, Buyer`s Premium and taxes payable with respect to any and all lots for which they are the successful bidder at auction. BCI reserves the right to refuse any applicant the privilege of bidding or attending the auction and may revoke such privilege at any time.
3. BCI requires a refundable deposit of $300 at the time of registration. This can be in the form of cash, cashier`s check, company or personal check with a bank letter of guarantee or bank wire transfer. Internet bidders are required to register a valid credit card number, which shall be subject to a 25% hold, and at BCI`s discretion may be required to arrange for a wire transfer or an approved bank letter of guarantee along with a company check prior to the auction in lieu of such hold. BCI reserves the right to adjust the amount of the refundable deposit or hold required in its sole discretion.
4. The highest bidder for each lot shall be the buyer, and if any dispute arises as to any bidding, or between two or more bidders, at the sole discretion of the auctioneer, the disputed lot shall be put up again at the last undisputed bid and resold. BCI shall regulate the bidding and be the sole arbiter. No bidder may retract its bid. BCI shall have no liability arising from any dispute between bidders. BCI reserves the right in its sole discretion to group one or more lots or items, add or delete lots or items, or set bidding increments. BCI also reserves the right to reject any bid which is only a fractional advance over the preceding bid, and to set and/or modify a reserve price. ALL SALES ARE FINAL. THERE SHALL BE NO RETURNS FOR ANY REASON.
5. BCI will charge and retain a buyer`s commission (`13% Buyer`s Premium`) on the proceeds of any sale based on the final bid of each lot sold, which will be posted and/or announced for each sale. Internet Bidders will be charged a buyer`s commission (`15% Buyer`s Premium`) on the proceeds of any sale based on the final bid of each lot sold, which will be posted and/or announced for each sale.
6. Where required by law, buyer shall pay sales tax at the rate of 9% to BCI. Tax will be added to the purchase price of all purchased items and the Buyer`s Premium. Buyer is responsible for providing all documentation necessary at time of purchase for exemption or refund of sales tax.
7. BCI will invoice successful bidders after the auction. Only cash, cashier`s check, company or personal check with a bank letter of guarantee, or bank wire transfer are acceptable methods of payment. Credit cards are accepted only for internet bidding registration. All purchases must be paid in full upon receipt of invoice in accordance with the Terms and Conditions. The credit card hold will remain in place as a non-refundable, irrevocable deposit until payment in full is received.
8. All machinery, equipment, merchandise and other property (collectively, `Property`) is sold `AS IS, WHERE IS, WITH ALL FAULTS` with no warranties or representations as to title, fitness of purpose, quantity, quality, merchantability, state, condition, location, value or otherwise. In no event shall BCI or the owner of the Property (`Consignor`) be responsible for correctness of description, genuineness, attribution, provenance, authenticity, authorship, or completeness. BCI, Consignor and Site Owner and their Representatives shall have no liability to buyer due to non-delivery of any item for any reason other than to return to buyer the monies deposited or paid for such non-delivered items. All advertising, catalogs, and other sources of information provided by BCI are subject to additions, deletions and prior sale. No statement (oral or written) in the catalog, at the auction or website, or elsewhere shall be deemed a warranty or representation. No sale shall be invalidated and BCI shall have no liability for a description of any item or lot whether contained in a catalog, advertisement or otherwise, or made at auction. Descriptions are provided for guide purposes only and may not be relied upon by bidders for accuracy or completeness. Bidders are deemed to rely entirely upon their own inspections and investigations.
9. Buyer hereby acknowledges that it, or an agent acting on its behalf, has inspected, or has had the opportunity to inspect, all of the lots upon which it will be bidding. After a sale has been confirmed, buyer shall be deemed to have inspected all purchased lots.
10. Internet bidding is offered as a service to our customers, and prospective bidders shall not hold BCI or its internet service provider(s) liable if any of their respective websites are unavailable for any reason. Access to any such website may be suspended temporarily and without notice in case of system failure, maintenance, repair or for other reasons. BCI reserves the right to relist or adjust bidding periods on any auction due to system malfunction.
11. BCI will accept bids from Buyers who wish to bid, but cannot attend the auction. The bids may be placed online at the auction website or in writing in a form acceptable to BCI, but must be submitted in advance of the sale. All bids must state the highest bid price, net of the Buyer`s Premium and any applicable taxes, and be accompanied by a refundable deposit equal to 25% of the highest bid price. BCI in its sole discretion reserves the right to establish a reserve or minimum price on any lot without having to announce, post or publish notice to attendees and buyers at any auction. BCI and/or its affiliates or subsidiaries may bid at the auction on behalf of a third party.
12. Removal hours, dates and deadlines will be posted and/or announced for each sale and will be strictly adhered to. All purchases must be completely removed no later than the date specified. NO MERCHANDISE WILL BE RELEASED DURING THE AUCTION SALE OR WITHOUT PAYMENT IN FULL. Buyer is responsible for arranging for packing and shipping of all lots purchased and paying for all shipping and handling charges. Buyer expressly assumes all responsibility to secure all safety equipment and to meet all applicable local, state and governmental safety standards in using or removing any items purchased. All contracted riggers and movers must have an insurance certificate on file with BCI with a minimum of $2,000,000 in comprehensive liability insurance written by an insurance carrier of national standing in form, scope and content acceptable to BCI in its sole discretion and which names BCI and, if applicable, Consignor, as additional insured(s) and lists as the location the auction site, before any item may be removed. Insurance certificates should be faxed to our office at (443) 347 0552
Buyer is responsible for providing its own forklifts and material handling equipment for removal of its purchased items. BCI is not responsible for any missing or lost small lots or items therein if they have not been removed within 48 hours of the conclusion of the sale. Buyer is solely responsible for properly removing all fluids, oils, from machinery purchased at auction. All oils must be properly stored in appropriate sealed containers.
13. Title to the offered lot(s) shall pass to buyer upon payment in full to BCI and removal of purchased lot(s) from the premises, subject to compliance by buyer with the Terms and Conditions. BCI reserves the right to cancel or void the sale of any lots purchased by buyer up to the time such lots are removed by buyer.
14. Each buyer and bidder agrees to indemnify, hold harmless and defend BCI, Consignor, and the owners of the auction site (`Site Owner`) and their respective officers, directors, agents, employees, and principals (individually and collectively, `Representatives`) from and against any and all losses, damages, liabilities and claims, and all attorney`s fees, costs and expenses arising out of, based upon or resulting from (i) any loss or injury resulting from buyer`s failure to secure all safety equipment and/or to meet all applicable government safety standards in removing items purchased or in use, (ii) any act by or omission of BCI, Consignor, or Site Owner or their Representatives, relating to or affecting the items bid on or purchased by buyer, or (iii) any injury to buyer or any other person or property of any type whatsoever caused during the inspection, auction, dismantling, removing, transporting or use of the items purchased.
15. Buyer agrees to indemnify, defend and hold BCI harmless with respect to all costs, expenses, liabilities, damages and claims, including without limitation, attorney`s fees, asserted by any person, entity or governmental agency against BCI directly or indirectly relating in any manner to any hazardous or toxic materials, which may be regulated under applicable laws, rules or regulations (collectively, `Hazardous Materials`) and which relate in any way to the dismantling or removal of any purchased item. BCI shall in no event be obligated to sell any items which contain Hazardous Materials, or to incur any costs or expenses relating in any manner, either directly or indirectly, to any Hazardous Materials. Buyer will be responsible for any and all remediation costs related to the dismantling, removal and operation or use of any purchased items.
16. BCI is not responsible for the acts or omissions of (i) any party who provided any items to BCI for sale, (ii) the Site Owner or Consignor or their representatives, (iii) the owner or lessor of the site where the items are stored, or (iv) any party that provides services to BCI, including without limitation, telecommunications and internet bidding services.
17. If buyer fails to pay the entire purchase price and/or fails to comply with the Terms and Conditions, BCI may retain the Buyer`s deposit as liquidated damages or charge buyer`s credit card the hold amount as liquidated damages. In addition, buyer shall lose all right, title and interest in the applicable lots and BCI may resell such lots at a public or private sale without further notice. If, at such a sale, any such lot is sold for a lesser price, the original buyer (defaulter) will be responsible for the difference between the original selling price and the resale price. Furthermore, any charges, fees and/or expenses incurred by BCI as a result of resale will also be the responsibility of the defaulter. This also includes any attorneys` fees that may result in enforcement of the Terms and Conditions.
Time shall be of the essence. If buyer fails to make payment or remove purchased lots within the specified times, such lots will be deemed abandoned by the buyer, buyer shall forfeit all monies paid to BCI for the purchase of such lots, and buyer shall forfeit the right to purchase such lots. In addition, buyer shall be responsible for all damages suffered by BCI, including, but not limited to, any dismantling, transportation, storage or other costs, including attorneys` fees incurred by BCI as a consequence of buyer`s failure to remove such lots.
18. Every person at the auction site acknowledges that an auction site is a potentially dangerous place with heavy equipment being operated and electric circuits being live. Every person at the auction site before, during and after the auction sale shall be deemed to be there at their own risk with notice of the condition of the premises, the activities on the premises and the conduct of third parties, and the bidder shall so advise its agents and employees. No person shall have any claim against BCI, Consignor, or the Site Owner or their Representatives for any injuries sustained nor for damages to or loss of property which may occur from any cause whatsoever. BCI, Consignor, and the Site Owner and their Representatives shall not be liable for any lost profits, incidental or consequential damages or the replacement value of any item.
19. Any dispute or controversy arising out of or relating to the auction or any interpretation, construction, performance or breach of the Terms and Conditions shall be resolved by final and binding arbitration. Should any party to this agreement institute any arbitration or other action or proceeding in any way relating to the auction, or to enforce, interpret or apply any provision of the Terms and Conditions, the parties agree that the prevailing party shall be entitled to reimbursement by the losing party of all statutory and non-statutory costs and expenses, including, but not limited to, all of its attorneys` fees. The validity, construction and performance of the Terms and Conditions shall be governed by the substantive law of the jurisdiction where the auction was conducted. If any provision of the Terms and Conditions is deemed illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining parts, shall not be affected.
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General delivery information available from the auctioneer
Local Pickup Only. We do not ship.
Try Mas Movers or LA Machinery
To reach a member of our qualified support staff regarding information or questions pertaining to the bidding process; please reach us by phone, email or LiveChat
SALE SPECIFIC TERMS AND CONDITIONS
Buyers Premium: Bendis Companies Inc., (BCI) will charge buyers a non-negotiable buyer`s commission based on the amount of the final bid of each lot sold. Bidspotter internet bidders will be charged a 15% buyers commission.
Payment Deadline: Within twenty-four hours after the Auction.
Registration Requirements: All prospective bidders must provide accurate and complete personal information prior to the auction, including name, company name, mailing address and phone number, and credit card information (for internet bidders). First time internet bidders must first register on-line with BidSpotter at BidSpotter.com and then register on-line for the specific BCI auction on Bidspotter. Internet bidders that have already registered with BidSpotter can register directly for the specific BCI auction deposit: BCI requires at registration a refundable deposit of $300. This can be in the form of cash, cashier`s check, company or personal check with an approved bank letter of guarantee, or bank wire transfer. Internet bidders are required to register a valid credit card number, which shall be subject to a 25% hold, and may be required to arrange for a bank letter of guarantee. BCI reserves the right to adjust the amount of the refundable deposit or hold required in its sole discretion.
Removal, Shipping & Logistics: Buyer or its authorized agent is responsible for removal of equipment by the Removal Deadline in accordance with all applicable terms and conditions. Shipping is available. Call 951 968-4301 Rich with Fleetwood.
Removal is 7-30 thru August 1.
Sales Tax: All applicable sales taxes apply. Buyer is responsible for providing documentation necessary for exemption or refund of sales tax paid.
Payment Instructions: Only cash, cashier`s check, company or personal check with a bank letter of guarantee, or bank wire transfer, are acceptable methods of payment. Credit cards are accepted only for internet bidding registration.
Successful Bidder Instructions: Pay your invoice in full. You will then be given two (2) copies of your invoice. Return to the auction site during the removal hours with the pick-up copy of your invoice. The BCI representative will allow you to remove all of the items purchased at the auction. If you are unable to remove all of your items in one day, bring the original white copy of your invoice when you return. This is the only way for BCI to be sure of which items you have already removed.
Other: By using or accessing any BCI services (including internet services), you agree that you have read and understood these terms and conditions and are bound by them. You may not use or access any BCI services if you do not agree to these terms and conditions. If you do not understand any terms and conditions, contact BCI at (951) 780-3418.
DETAILED TERMS AND CONDITIONS
1. The additional terms and conditions below (`Terms`) shall apply to any bid by any party to, or purchase by any party from, Bendis Companies Inc. (`BCI`) in any transaction in which BCI serves as broker, agent, liquidator or auctioneer for any third party owner or for BCI, as principal. These Terms apply to all transactions including, without limitation, public auctions conducted by BCI and direct purchases of any item either before, after or independent of any public auction. By using or accessing any BCI services (including internet services), you agree that you have read and understood the Terms and are bound to the Terms. You may not use or access any BCI services if you do not agree to the Terms. If you do not understand any Terms, contact BCI at (951) 780 3418. These Terms, the Sale Specific Terms and Conditions, terms and conditions contained in the auction catalogue and announced at the auction may collectively be referred to hereinafter as the `Terms and Conditions`.
2. All prospective bidders must provide accurate and complete personal information and agree that whether they are acting as principal, agent, member, officer or director of a corporation, limited liability company or otherwise in any capacity whatsoever, they are personally liable for the payment of the purchase price, Buyer`s Premium and taxes payable with respect to any and all lots for which they are the successful bidder at auction. BCI reserves the right to refuse any applicant the privilege of bidding or attending the auction and may revoke such privilege at any time.
3. BCI requires a refundable deposit of $300 at the time of registration. This can be in the form of cash, cashier`s check, company or personal check with a bank letter of guarantee or bank wire transfer. Internet bidders are required to register a valid credit card number, which shall be subject to a 25% hold, and at BCI`s discretion may be required to arrange for a wire transfer or an approved bank letter of guarantee along with a company check prior to the auction in lieu of such hold. BCI reserves the right to adjust the amount of the refundable deposit or hold required in its sole discretion.
4. The highest bidder for each lot shall be the buyer, and if any dispute arises as to any bidding, or between two or more bidders, at the sole discretion of the auctioneer, the disputed lot shall be put up again at the last undisputed bid and resold. BCI shall regulate the bidding and be the sole arbiter. No bidder may retract its bid. BCI shall have no liability arising from any dispute between bidders. BCI reserves the right in its sole discretion to group one or more lots or items, add or delete lots or items, or set bidding increments. BCI also reserves the right to reject any bid which is only a fractional advance over the preceding bid, and to set and/or modify a reserve price. ALL SALES ARE FINAL. THERE SHALL BE NO RETURNS FOR ANY REASON.
5. BCI will charge and retain a buyer`s commission (`13% Buyer`s Premium`) on the proceeds of any sale based on the final bid of each lot sold, which will be posted and/or announced for each sale. Internet Bidders will be charged a buyer`s commission (`15% Buyer`s Premium`) on the proceeds of any sale based on the final bid of each lot sold, which will be posted and/or announced for each sale.
6. Where required by law, buyer shall pay sales tax at the rate of 9% to BCI. Tax will be added to the purchase price of all purchased items and the Buyer`s Premium. Buyer is responsible for providing all documentation necessary at time of purchase for exemption or refund of sales tax.
7. BCI will invoice successful bidders after the auction. Only cash, cashier`s check, company or personal check with a bank letter of guarantee, or bank wire transfer are acceptable methods of payment. Credit cards are accepted only for internet bidding registration. All purchases must be paid in full upon receipt of invoice in accordance with the Terms and Conditions. The credit card hold will remain in place as a non-refundable, irrevocable deposit until payment in full is received.
8. All machinery, equipment, merchandise and other property (collectively, `Property`) is sold `AS IS, WHERE IS, WITH ALL FAULTS` with no warranties or representations as to title, fitness of purpose, quantity, quality, merchantability, state, condition, location, value or otherwise. In no event shall BCI or the owner of the Property (`Consignor`) be responsible for correctness of description, genuineness, attribution, provenance, authenticity, authorship, or completeness. BCI, Consignor and Site Owner and their Representatives shall have no liability to buyer due to non-delivery of any item for any reason other than to return to buyer the monies deposited or paid for such non-delivered items. All advertising, catalogs, and other sources of information provided by BCI are subject to additions, deletions and prior sale. No statement (oral or written) in the catalog, at the auction or website, or elsewhere shall be deemed a warranty or representation. No sale shall be invalidated and BCI shall have no liability for a description of any item or lot whether contained in a catalog, advertisement or otherwise, or made at auction. Descriptions are provided for guide purposes only and may not be relied upon by bidders for accuracy or completeness. Bidders are deemed to rely entirely upon their own inspections and investigations.
9. Buyer hereby acknowledges that it, or an agent acting on its behalf, has inspected, or has had the opportunity to inspect, all of the lots upon which it will be bidding. After a sale has been confirmed, buyer shall be deemed to have inspected all purchased lots.
10. Internet bidding is offered as a service to our customers, and prospective bidders shall not hold BCI or its internet service provider(s) liable if any of their respective websites are unavailable for any reason. Access to any such website may be suspended temporarily and without notice in case of system failure, maintenance, repair or for other reasons. BCI reserves the right to relist or adjust bidding periods on any auction due to system malfunction.
11. BCI will accept bids from Buyers who wish to bid, but cannot attend the auction. The bids may be placed online at the auction website or in writing in a form acceptable to BCI, but must be submitted in advance of the sale. All bids must state the highest bid price, net of the Buyer`s Premium and any applicable taxes, and be accompanied by a refundable deposit equal to 25% of the highest bid price. BCI in its sole discretion reserves the right to establish a reserve or minimum price on any lot without having to announce, post or publish notice to attendees and buyers at any auction. BCI and/or its affiliates or subsidiaries may bid at the auction on behalf of a third party.
12. Removal hours, dates and deadlines will be posted and/or announced for each sale and will be strictly adhered to. All purchases must be completely removed no later than the date specified. NO MERCHANDISE WILL BE RELEASED DURING THE AUCTION SALE OR WITHOUT PAYMENT IN FULL. Buyer is responsible for arranging for packing and shipping of all lots purchased and paying for all shipping and handling charges. Buyer expressly assumes all responsibility to secure all safety equipment and to meet all applicable local, state and governmental safety standards in using or removing any items purchased. All contracted riggers and movers must have an insurance certificate on file with BCI with a minimum of $2,000,000 in comprehensive liability insurance written by an insurance carrier of national standing in form, scope and content acceptable to BCI in its sole discretion and which names BCI and, if applicable, Consignor, as additional insured(s) and lists as the location the auction site, before any item may be removed. Insurance certificates should be faxed to our office at (443) 347 0552
Buyer is responsible for providing its own forklifts and material handling equipment for removal of its purchased items. BCI is not responsible for any missing or lost small lots or items therein if they have not been removed within 48 hours of the conclusion of the sale. Buyer is solely responsible for properly removing all fluids, oils, from machinery purchased at auction. All oils must be properly stored in appropriate sealed containers.
13. Title to the offered lot(s) shall pass to buyer upon payment in full to BCI and removal of purchased lot(s) from the premises, subject to compliance by buyer with the Terms and Conditions. BCI reserves the right to cancel or void the sale of any lots purchased by buyer up to the time such lots are removed by buyer.
14. Each buyer and bidder agrees to indemnify, hold harmless and defend BCI, Consignor, and the owners of the auction site (`Site Owner`) and their respective officers, directors, agents, employees, and principals (individually and collectively, `Representatives`) from and against any and all losses, damages, liabilities and claims, and all attorney`s fees, costs and expenses arising out of, based upon or resulting from (i) any loss or injury resulting from buyer`s failure to secure all safety equipment and/or to meet all applicable government safety standards in removing items purchased or in use, (ii) any act by or omission of BCI, Consignor, or Site Owner or their Representatives, relating to or affecting the items bid on or purchased by buyer, or (iii) any injury to buyer or any other person or property of any type whatsoever caused during the inspection, auction, dismantling, removing, transporting or use of the items purchased.
15. Buyer agrees to indemnify, defend and hold BCI harmless with respect to all costs, expenses, liabilities, damages and claims, including without limitation, attorney`s fees, asserted by any person, entity or governmental agency against BCI directly or indirectly relating in any manner to any hazardous or toxic materials, which may be regulated under applicable laws, rules or regulations (collectively, `Hazardous Materials`) and which relate in any way to the dismantling or removal of any purchased item. BCI shall in no event be obligated to sell any items which contain Hazardous Materials, or to incur any costs or expenses relating in any manner, either directly or indirectly, to any Hazardous Materials. Buyer will be responsible for any and all remediation costs related to the dismantling, removal and operation or use of any purchased items.
16. BCI is not responsible for the acts or omissions of (i) any party who provided any items to BCI for sale, (ii) the Site Owner or Consignor or their representatives, (iii) the owner or lessor of the site where the items are stored, or (iv) any party that provides services to BCI, including without limitation, telecommunications and internet bidding services.
17. If buyer fails to pay the entire purchase price and/or fails to comply with the Terms and Conditions, BCI may retain the Buyer`s deposit as liquidated damages or charge buyer`s credit card the hold amount as liquidated damages. In addition, buyer shall lose all right, title and interest in the applicable lots and BCI may resell such lots at a public or private sale without further notice. If, at such a sale, any such lot is sold for a lesser price, the original buyer (defaulter) will be responsible for the difference between the original selling price and the resale price. Furthermore, any charges, fees and/or expenses incurred by BCI as a result of resale will also be the responsibility of the defaulter. This also includes any attorneys` fees that may result in enforcement of the Terms and Conditions.
Time shall be of the essence. If buyer fails to make payment or remove purchased lots within the specified times, such lots will be deemed abandoned by the buyer, buyer shall forfeit all monies paid to BCI for the purchase of such lots, and buyer shall forfeit the right to purchase such lots. In addition, buyer shall be responsible for all damages suffered by BCI, including, but not limited to, any dismantling, transportation, storage or other costs, including attorneys` fees incurred by BCI as a consequence of buyer`s failure to remove such lots.
18. Every person at the auction site acknowledges that an auction site is a potentially dangerous place with heavy equipment being operated and electric circuits being live. Every person at the auction site before, during and after the auction sale shall be deemed to be there at their own risk with notice of the condition of the premises, the activities on the premises and the conduct of third parties, and the bidder shall so advise its agents and employees. No person shall have any claim against BCI, Consignor, or the Site Owner or their Representatives for any injuries sustained nor for damages to or loss of property which may occur from any cause whatsoever. BCI, Consignor, and the Site Owner and their Representatives shall not be liable for any lost profits, incidental or consequential damages or the replacement value of any item.
19. Any dispute or controversy arising out of or relating to the auction or any interpretation, construction, performance or breach of the Terms and Conditions shall be resolved by final and binding arbitration. Should any party to this agreement institute any arbitration or other action or proceeding in any way relating to the auction, or to enforce, interpret or apply any provision of the Terms and Conditions, the parties agree that the prevailing party shall be entitled to reimbursement by the losing party of all statutory and non-statutory costs and expenses, including, but not limited to, all of its attorneys` fees. The validity, construction and performance of the Terms and Conditions shall be governed by the substantive law of the jurisdiction where the auction was conducted. If any provision of the Terms and Conditions is deemed illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining parts, shall not be affected.