33
Cookies help us deliver our services. By using our services, you agree to our use of cookies.
Accept Cookies Learn MoreLot
33
You are about to place a bid of USD
Timed Auction:Current bid:
Bids do not include Tax, buyer’s premium or delivery.
By confirming your bid, you agree that you have read and accepted bidspotter.com and the auctioneer's terms and conditions. Confirming your bid is a legally binding obligation to purchase and pay for the lot should your bid be accepted by the auctioneer.
Bids do not include Tax, buyer’s premium or delivery.
By confirming your bid, you agree that you have read and accepted bidspotter.com and the auctioneer's terms and conditions. Confirming your bid is a legally binding obligation to purchase and pay for the lot should your bid be accepted by the auctioneer.
We have noticed that your maximum bid is higher or equal to the buy it now price for this lot.
Would you like to discard your maximum bid and proceed with the buy it now option?
You cannot Buy it now until you are approved to bid.
Please contact the auctioneer (951-780-3418)
Choose one of the quick bid options below:
Bids do not include Tax, buyer’s premium or delivery.
By confirming your bid, you agree that you have read and accepted bidspotter.com and the auctioneer's terms and conditions. Confirming your bid is a legally binding obligation to purchase and pay for the lot should your bid be accepted by the auctioneer.
To place a bid select the minimum amount below:
Bids do not include Tax, buyer’s premium or delivery.
By confirming your bid, you agree that you have read and accepted bidspotter.com and the auctioneer's terms and conditions. Confirming your bid is a legally binding obligation to purchase and pay for the lot should your bid be accepted by the auctioneer.
Local Pickup Only. We do not ship. Bidder provides your own shipper.
Preview: Nov. 9, 10 AM and Auction lots open for bidding the same date!
================================================= ===
BidSpotter Customer Service Support Department
Have a question pertaining to the bidding process?
Visit our Frequently Asked Questions !
You can also start a live chat with a Bidspotter Support Representative by selecting Live Chat at the top of Bidspotter.com. More information on our chat system can be found by clicking here .
Customer Support Hours:
Email: support@bidspotter.com
Office: 253-858-6777 Toll Free: 866-597-2437
Bidding on this auction has not started. Please register now so you are approved to bid when the auction starts.
Sales tax 7.75%
Buyer's premium 18
10 AM November 9,2024-Bidding opens
November 9, 2024 10 AM Pacific
Payment Instructions
Payment is due within 24 hours of receiving invoice by wire transfer, company check with a bank letter of guarantee, certified funds, Zelle, Visa, MasterCard,, or by making a deposit at a local Bank Umpqua Bsnk
Please Note: The Maximum Credit Card payment is $1,000 per invoice.
Currency
American Dollar ($)
Buyers Premium
18% BP for buyers paying via Cashiers Check, Company Check or Wire Transfer will apply to your purchase. 20% BP for any buyers paying via Credit Card.
Tax Rate
7.75%
We will charge Sales Tax until we are supplied with the appropriate completed US state resale or manufacturing exemption form: Sales Tax Certificates e-mail to diane@bendiscompany.com.
================================================= ===
BidSpotter Customer Service Support Department
Have a question pertaining to the bidding process?
Customer Support Hours:
Email: support@bidspotter.com
Office: 253-858-6777 Toll Free: 866-597-2437
TERMS OF SALE
Set forth below are the terms and conditions (the "Terms") that shall apply to any purchase by any party (a "Buyer") either directly from "THE BENDIS COMPANY") or in a transaction (a "Transaction" ) in which THE BENDIS COMPANY serves as broker, agent, liquidator or auctioneer for any third party owner. The Terms apply to all Transactions, including without limitation, public auctions conducted by THE BENDIS COMPANY and direct purchases by Buyer of any item either before, after or independent of any public auction. By using or accessing any and all THE BENDIS COMPANY Services and or Websites you agree you have read and understand the Terms and Conditions stated herein and are bound to these Terms and Conditions. You may not use or bid or access any and all THE BENDIS COMPANY Services if you do not agree to the Terms and Conditions stated herein. If you do not understand any or all of the Terms and Conditions herein please contact THE BENDIS COMPANY at 203-488-7020 for further assistance.
TERMS AND CONDITIONS
1. No Warranty. All machinery, equipment, merchandise and other items (the "Goods") are sold on an "AS IS/WHERE IS" basis with no warranties or representations whatever either expressed or implied including but not limited to any representation or warranty relating to title, possession, quiet enjoyment or the like in regard to such Goods. . Neither THE BENDIS COMPANY nor the consignor makes any warranties or representations of any kind or nature with respect to the property or its value, and in no event shall they be responsible for correctness of description, genuineness, attribution, provenance, authenticity, authorship, completeness , condition of the property or estimate of its value. No statement (oral or written) in the catalogue, at the auction, or elsewhere shall be deemed such a warranty or representation, or any assumption of responsibility. Prospective bidders are urged to contact THE BENDIS COMPANY directly for detailed information regarding any lot. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY are expressly disclaimed. Please inspect all items before bidding. No sale shall be invalidated and THE BENDIS COMPANY shall have no liability for a misdescription of any article or lot whether contained in a catalog, advertisement or otherwise. Descriptions have been prepared for guide purposes only and shall not be relied upon by the Buyer for accuracy or completeness. Buyers shall be deemed to have relied entirely upon their own inspections and investigations.
2. Registration. Buyers must register prior to bidding at any auction sale and must be of legal capacity to enter into this agreement. All bidders must provide their name, company (if applicable), mailing address and phone number prior to the auction. By registering you represent and warrant any and all Buyer Information is accurate and complete. It is solely the Buyer's responsibility to maintain current Buyer Information for completeness and accuracy. THE BENDIS COMPANY reserves the right to deny and or terminate Registrations at any time at its sole discretion without notification. THE BENDIS COMPANY reserves the right to deny usage and access of THE BENDIS COMPANY Services and Websites at any time without notice or liability to any persons or third parties. When applicable, Electronic bidders are required to provide a valid email address. THE BENDIS COMPANY Does not charge a registration fee, but you may need to place a refundable deposit in order to bid electronically.
3. Deposits. THE BENDIS COMPANY requires a deposit of not less than twenty five percent (25%) of the Buyer's TOTAL PURCHASE PRICE by the end of the sale day - with the balance due by the end of the next business day. This can be in the form of cash, a cashier's check, or business check with a bank letter of guarantee. For Electronic bidders, at its discretion, THE BENDIS COMPANY may contact bidders via email or telephone before or during the sale to provide a bank letter of guarantee or wire transfer as a deposit or a credit card authorization form. If THE BENDIS COMPANY does not receive a response from its attempts to contact Buyer or if the Buyer does not provide a deposit, THE BENDIS COMPANY reserves the right to refuse or cancel Buyer's bids and re-sell Goods. THE BIDDER AUTHORIZES THE BENDIS COMPANY TO CHARGE LIQUIDATED DAMAGES TO THE CREDIT CARD LEFT ON FILE DURING THE REGISTRATION PROCESS. (See section 9 "Default" below.)
4. Invoices & Payment Instructions. For Onsite and Webcast auctions, winning bidders can request a printed paper invoice from the Accounting Manager at the sale location during or after the sale. Electronic bidders will be sent an electronic invoice to the email address provided during registration. Invoices can be faxed upon request. Detailed payment instructions for each sale are available in the printed lot catalog at the sale location on the day of the sale. Electronic bidders will be sent detailed payment instructions via email along with their invoice.
5. Payments. THE BENDIS COMPANY must receive the balance of the total purchase price no later than the close of business on the day following the auction (the "Final Payment Date"). All payments must be in cash, cashier's or certified check, federal wire transfer of immediately available funds or a corporate check accompanied with a bank letter of guarantee, and all of the foregoing must be in form, scope and substance acceptable to THE BENDIS COMPANY. Credit cards are accepted for payment, Electronic bidding registration and for Liquidated Damages in the event of a default. If paying by credit card, the exchange rate for sales conducted in foreign currencies will be posted the day of the sale and will be based upon the current currency conversion rates. Without limiting THE BENDIS COMPANY's discretion, no corporate checks without a bank guarantee and no personal checks will be accepted. No title shall pass to Buyer until the total purchase price and all Taxes have been paid to THE BENDIS COMPANY in collected funds.
6. Taxes. Buyer must also pay to THE BENDIS COMPANY on or before the Final Payment Date, all sales, export, use and other taxes due to any federal, state or local taxing authority (the "Taxes") as a result of Buyer's purchase, including without limitation, any taxes arising from any Buyer's Premium (as defined below). To receive the benefit of any tax exemption, Buyer must supply THE BENDIS COMPANY with a sales tax exemption certificate acceptable in form, scope and substance to THE BENDIS COMPANY in THE BENDIS COMPANY'S sole discretion.
7. Buyer's Premium. THE BENDIS COMPANY in its sole discretion may impose a buyer's premium ("Buyer's Premium") on any Goods sold. The Buyer's Premium is a percentage that is added to the final purchase price of any item. THE BENDIS COMPANY shall charge and collect from each successful bidder a buyer's premium for each sale at the auction, in addition to the purchase price. Rates may vary depending on the auction
8. Removal. (1) Buyers or their Agents must remove all Goods purchased before the final removal date and time announced by THE BENDIS COMPANY at the auction (the "Removal Date"). (2) No Goods shall be removed until the full purchase price and all applicable taxes thereon have been received by THE BENDIS COMPANY in the form required herein. Any Goods not removed on or before the Removal Date shall be subject to storage charges that THE BENDIS COMPANY may in its discretion impose. (3) It is the Buyer's sole cost and expense to remove their purchases. ANY ITEMS NOT REMOVED ON OR BEFORE THE REMOVAL DATE SHALL BE DEEMED ABANDONED AND THE BENDIS COMPANY SHALL HAVE NO FURTHER OBLIGATION TO BUYER WITH RESPECT TO SUCH ITEMS. (See also #8C.)
8A. Buyer shall be responsible for the safe and proper removal of any Goods purchased by Buyer. THE BENDIS COMPANY does not pack, ship, store, crate or rig items. Buyers may either pick up Goods at the designated auction site personally or can contract with a third party agent to manage the removal process for them. Before Goods can be removed by an Agent, Agent must provide THE BENDIS COMPANY with (1) proof of payment in full (Paid In Full Invoice) and (2) an "Agent Release Authorization" form which allows The Bendis Company to release items to a third party contractor for shipping, crating or packing purposes.
8B. Goods weighing more than 100 pounds must be removed by a qualified, insured rigger. Before any removal, Buyer must provide THE BENDIS COMPANY with a certificate of insurance from the rigger, which certificate must be in form, scope and content acceptable to THE BENDIS COMPANY in THE BENDIS COMPANY'S sole discretion. Without limiting THE BENDIS COMPANY'S discretion, such certificate must show that the rigger carries comprehensive liability insurance written by an insurance carrier of national standing and in an amount of not less than two million dollars ($2,000,000.00). Without limiting the generality of the foregoing, Buyer shall restore and repair all real and personal property that is altered or damaged as a result of Buyer's removal of the Goods. THE BENDIS COMPANY shall have no responsibility to disconnect utilities to the sold asset, including electric, gas, waste and water lines. Buyer is solely responsible to properly remove and store in appropriate containers all fluids, oils, hazardous chemicals, etc., from machinery purchased. Buyer does hereby indemnify THE BENDIS COMPANY, the owner of the Goods and the owner of the premises in which the Goods are located, from any and all claims, damages, and losses arising from Buyer's actions or actions with respect to the Goods and Buyer's presence on the premises in which the Goods are located, including without limitation, injuries to persons or property and environmental violations or contamination. Risk of loss on any Goods shall pass to the Buyer upon payment in full to THE BENDIS COMPANY of all sums due from Buyer in respect to the Goods.
8C. Small Lot Removal. THE BENDIS COMPANY shall have no responsibility whatsoever for any missing or lost items that can be removed by hand if such items have not been removed within forty-eight (48) hours of the conclusion of the sale. There will be NO removal of any lots until the auction is complete.
9 Default. Bidders must bid only on those items they are prepared to pay for and remove in accordance with the terms and conditions of this sale. All items awarded to high bidders are contractually theirs and must be paid for by the Final Payment Date and removed by the Final Removal Date. IN THE EVENT PURCHASER FAILS TO PERFORM CONTRACTUAL OBLIGATIONS (PAYMENT AND REMOVAL) AS SPECIFIED IN THIS INVITATION TO BID, THE FOLLOWING ACTION APPLIES: PURCHASER WILL AUTOMATICALLY BE PLACED IN DEFAULT. THIS IS YOUR OFFICIAL NOTICE OF DEFAULT. Upon default, the purchaser shall lose all right, title, and interest which he/she might otherwise have acquired in and to such property as to which default has occurred. THE BENDIS COMPANY will re-market and re-sell this property.
9A. Payment Default. Failure to pay invoices in full by the Final Payment Date in accordance with payment terms will subject Bidder to pay as Liquidated Damages a sum equal to the lesser of (1) 20 percent of the invoice price of the item(s) as to which the default has occurred, or (2) the full amount of the difference between the original invoice price and the re-sold price plus any expenses incurred to re-market or re-sell these items. IF THE BENDIS COMPANY HAS NOT RECEIVED PAYMENT FOR WINNING BIDS WITHIN 24 HOURS OF THE FINAL PAYMENT DATE, THE BIDDER AUTHORIZES THE BENDIS COMPANY TO CHARGE LIQUIDATED DAMAGES TO THE CREDIT CARD LEFT ON FILE DURING THE REGISTRATION PROCESS.
9B. Removal Default. Failure to remove items by the Final Removal Date in accordance with removal terms will subject Bidder to pay as Liquidated Damages the full amount of the expenses incurred to store or transport items until they are re-sold. IF BUYER HAS NOT REMOVED ITEMS WITHIN 24 HOURS OF THE FINAL REMOVAL DATE, THE BIDDER AUTHORIZES THE BENDIS COMPANY TO CHARGE LIQUIDATED DAMAGES TO THE CREDIT CARD LEFT ON FILE DURING THE REGISTRATION PROCESS.
10. After Buyer has removed any item from THE BENDIS COMPANY'S possession, THE BENDIS COMPANY shall have no obligation to make any adjustment or accommodation to Buyer because of any mistake in quantity or other defect or problem with respect to such item. Buyer must make all requests for adjustments in writing to THE BENDIS COMPANY before any item is removed from the premises where the auction is conducted.
11. THE BENDIS COMPANY shall not be responsible for any damages, loss or theft of Goods except in the case of THE BENDIS COMPANY's willful misconduct. Without limiting the foregoing, THE BENDIS COMPANY shall not be responsible for damages or losses caused by strikes, civil disorders, or acts of God.
12. Changes. THE BENDIS COMPANY reserves the right to withdraw or sell any assets contained in an auction prior to or succeeding the stated auction period without notification. THE BENDIS COMPANY reserves the right to temporarily or permanently end an auction during the stated auction period or extend an auction without notification. If for any reason THE BENDIS COMPANY is unable to deliver any Goods purchased by Buyer, THE BENDIS COMPANY'S sole liability shall be to return all sums paid by Buyer to THE BENDIS COMPANY in respect of such Goods.
13. Minimum or Reserve Prices. THE BENDIS COMPANY, in its sole discretion, reserves the right to establish a reserve or minimum price on any Goods without having to announce post or publish notice to attendees and buyers at any auction. THE BENDIS COMPANY reserves the right to confirm or reject the final bid. Furthermore, The Bendis Company, and/or its affiliates or subsidiaries, may bid at the auction either for its own account or on behalf of a third party.
14. Absentee Bids. Are not being accepted for the auction.
15. THE BENDIS COMPANY, in its sole discretion, reserves the right to refuse the bid of any person without providing any notice or reason therefore. THE BENDIS COMPANY reserves the right to deny the usage and access by any person or third party of any and all THE BENDIS COMPANY Services and Websites without notification.
16. THE BENDIS COMPANY, in its sole discretion, shall control all bidding increments and advances at any auction. The Bendis Company reserves the right to reject any bid that is only a minimal increase over the preceding bid, that is not commensurate with the value of the item being offered or that The Bendis Company believes was made illegally or in bad faith. In the event of a dispute among bidders, The Bendis Company may, in its sole discretion, either accept what it deems to be the final bid or solicit further bids on the item in dispute. No returns or refunds will be permitted, unless authorized by the seller in writing.
17. THE BENDIS COMPANY reserves the right, in its sole discretion, to sell items advertised as a public auction sale, on a piece by piece basis or as a complete lot. Without limiting the generality of the foregoing, THE BENDIS COMPANY may accept a complete lot bid and then conduct an item by item auction which auction shall be effective only if the total proceeds there from exceed the amount of the complete bid.
18. All information provided by THE BENDIS COMPANY to Buyers, including without limitation, any advertising, lot sales catalogs or otherwise, is subject to deletions, errors, additions, and changes without notice. Although information is gathered from sources thought to be reliable, THE BENDIS COMPANY shall have no responsibility whatsoever for any information provided to any attendee or buyers. All buyers shall rely solely on their own investigation and inspection of any Goods.
19. THE BENDIS COMPANY reserves the right to amend any and all of the Terms and Agreements stated herein at any time without notification at THE BENDIS COMPANY's sole discretion. It is the Buyer's responsibility to read and review the Terms and Conditions for each sale. THE BENDIS COMPANY provides the Terms and Conditions through its Websites and in printed form at on-site auctions.
20. When THE BENDIS COMPANY is selling or auctioning any Goods on behalf of a third party owner, THE BENDIS COMPANY shall act as an agent only and shall have no liability whatsoever for the acts of any owner/principal.
21. Export Law Compliance. Buyers agree to comply with all US export control and related laws, and acknowledge that THE BENDIS COMPANY is not the exporter of any purchased item. Certain items offered for sale at the auction may constitute "Restricted Technology." Under federal law, such items may not be shipped outside the United States. THE BENDIS COMPANY makes no representation or warranty concerning, and has conducted no investigation to ascertain which items, if any, constitute Restricted Technology. Buyer also agrees not to export any item to countries which are subject to comprehensive embargoes or support terrorism. These countries include, but are not limited to: Cuba, Iran, North Korea, Sudan and Syria. The list will change from time to time,
22. Auction Sites. Buyers acknowledge that an auction site is a potentially dangerous place, Flammable, noxious, corrosive and pressurized substances may be present. Heavy equipment may be operated and electrical circuits may be live. Every person enters the auction site at his or her own risk with notice of the condition of the premises and the activities that will be or have been conducted on the premises. No person shall have any claim against THE BENDIS COMPANY, the seller or their respective agents for any injuries sustained or for damages to or loss of property that may occur at the auction site.
23. THE BENDIS COMPANY Rights and Remedies. If the Buyer fails to comply with any of the Terms, THE BENDIS COMPANY shall have all rights and remedies available to it at law and in equity. Without limiting the generality of the foregoing, THE BENDIS COMPANY may retain all deposits and partial payments received from Buyer and may resell any Goods that Buyer fails to purchase. Buyer shall be responsible for all costs, losses, and damages suffered by THE BENDIS COMPANY (i) as a result of Buyer's breach of any of the Terms, including without limitation, lost profits and consequential damages, and (ii) incurred in connection with the enforcement of THE BENDIS COMPANYS' rights, including, without limitation, legal fees and costs and expenses related to the resale of Goods, including storage and rigging fees.
24. Website Usage. The following is specific to the access and usage of THE BENDIS COMPANY Websites including and not limited to any and all features and applications:
25. No Collusion. Buyers agree they will not participate in any bidding practices with the intent of manipulating the bidding. Any and all forms of collusion between Buyers are prohibited. Buyers agree they will not place bids under false names or Buyer Information.
26. Buyers agree they will defend, indemnify and hold harmless THE BENDIS COMPANY, including its affiliates, directors, officers, employees, agents, shareholders, co-branders, or partners, from and against any and all claim, loss, damage, liabilities , judgments, fees and expenses incurred by THE BENDIS COMPANY, including its affiliates, directors, officers, employees, agents, shareholders, co-branders, or partners, through the use of THE BENDIS COMPANY Services and Websites.
27. Disclaimers. Buyers acknowledge and agree that the internet is an unreliable, unsecured, and error-prone network. THE BENDIS COMPANY cannot and does not guarantee continuous, uninterrupted or secure access to Online bidding service provider or the theBendisgroup.com web site or that Bidder information, including auction registration and bids, will be transmitted or received in a timely fashion. You agree to hold THE BENDIS COMPANY harmless for any interruptions in Online Bidding services or our website, or your inability to reach or effectively use online bidding service provider or theBendisgroup.com website. IN NO EVENT SHALL THE BENDIS COMPANY BE LIABLE OR CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF ONLINE BIDDING. TheBendisGroup.com website, including all content, functions, materials, services and information made available on or accessed through online bidding providers or our website, are provided on an “As Is Where Is” Basis without representations or warranties of any kind whatsoever, expressed or implied, including without limitation, non-infringement or fitness for a particular purpose. THE BENDIS COMPANY Does Not Warrant that the service or functions, features or content contained, made available on or accessed through online bidding providers or thebranforgroup.com website, including without limitation any third-party software, products or other materials used in connection with online bidding services or the Bendisgroup.com website, will be timely, secure, uninterrupted or error free, or that defects will be corrected. THE BENDIS COMPANY makes no warranty that online bidding providers or the Bendisgroup.com website will meet your requirements. If you are dissatisfied with the online bidding providers or the Bendisgroup.com website, your sole remedy is to discontinue using the online bidding provider or the BendisCompany.com website. No advice or information, whether oral or written, obtained by you from THE BENDIS COMPANY or through the online bidding provider or theBendisgroup.com website shall create any warranty not expressly made in the agreement.
Your question has been sent to the auctioneer.
There was an error sending your enquiry, why not try again later
Local Pickup Only. We do not ship. Bidder provides your own shipper.
Preview: Nov. 9, 10 AM and Auction lots open for bidding the same date!
================================================= ===
BidSpotter Customer Service Support Department
Have a question pertaining to the bidding process?
Visit our Frequently Asked Questions !
You can also start a live chat with a Bidspotter Support Representative by selecting Live Chat at the top of Bidspotter.com. More information on our chat system can be found by clicking here .
Customer Support Hours:
Email: support@bidspotter.com
Office: 253-858-6777 Toll Free: 866-597-2437
Bidding on this auction has not started. Please register now so you are approved to bid when the auction starts.
Sales tax 7.75%
Buyer's premium 18
10 AM November 9,2024-Bidding opens
November 9, 2024 10 AM Pacific
Payment Instructions
Payment is due within 24 hours of receiving invoice by wire transfer, company check with a bank letter of guarantee, certified funds, Zelle, Visa, MasterCard,, or by making a deposit at a local Bank Umpqua Bsnk
Please Note: The Maximum Credit Card payment is $1,000 per invoice.
Currency
American Dollar ($)
Buyers Premium
18% BP for buyers paying via Cashiers Check, Company Check or Wire Transfer will apply to your purchase. 20% BP for any buyers paying via Credit Card.
Tax Rate
7.75%
We will charge Sales Tax until we are supplied with the appropriate completed US state resale or manufacturing exemption form: Sales Tax Certificates e-mail to diane@bendiscompany.com.
================================================= ===
BidSpotter Customer Service Support Department
Have a question pertaining to the bidding process?
Customer Support Hours:
Email: support@bidspotter.com
Office: 253-858-6777 Toll Free: 866-597-2437
TERMS OF SALE
Set forth below are the terms and conditions (the "Terms") that shall apply to any purchase by any party (a "Buyer") either directly from "THE BENDIS COMPANY") or in a transaction (a "Transaction" ) in which THE BENDIS COMPANY serves as broker, agent, liquidator or auctioneer for any third party owner. The Terms apply to all Transactions, including without limitation, public auctions conducted by THE BENDIS COMPANY and direct purchases by Buyer of any item either before, after or independent of any public auction. By using or accessing any and all THE BENDIS COMPANY Services and or Websites you agree you have read and understand the Terms and Conditions stated herein and are bound to these Terms and Conditions. You may not use or bid or access any and all THE BENDIS COMPANY Services if you do not agree to the Terms and Conditions stated herein. If you do not understand any or all of the Terms and Conditions herein please contact THE BENDIS COMPANY at 203-488-7020 for further assistance.
TERMS AND CONDITIONS
1. No Warranty. All machinery, equipment, merchandise and other items (the "Goods") are sold on an "AS IS/WHERE IS" basis with no warranties or representations whatever either expressed or implied including but not limited to any representation or warranty relating to title, possession, quiet enjoyment or the like in regard to such Goods. . Neither THE BENDIS COMPANY nor the consignor makes any warranties or representations of any kind or nature with respect to the property or its value, and in no event shall they be responsible for correctness of description, genuineness, attribution, provenance, authenticity, authorship, completeness , condition of the property or estimate of its value. No statement (oral or written) in the catalogue, at the auction, or elsewhere shall be deemed such a warranty or representation, or any assumption of responsibility. Prospective bidders are urged to contact THE BENDIS COMPANY directly for detailed information regarding any lot. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY are expressly disclaimed. Please inspect all items before bidding. No sale shall be invalidated and THE BENDIS COMPANY shall have no liability for a misdescription of any article or lot whether contained in a catalog, advertisement or otherwise. Descriptions have been prepared for guide purposes only and shall not be relied upon by the Buyer for accuracy or completeness. Buyers shall be deemed to have relied entirely upon their own inspections and investigations.
2. Registration. Buyers must register prior to bidding at any auction sale and must be of legal capacity to enter into this agreement. All bidders must provide their name, company (if applicable), mailing address and phone number prior to the auction. By registering you represent and warrant any and all Buyer Information is accurate and complete. It is solely the Buyer's responsibility to maintain current Buyer Information for completeness and accuracy. THE BENDIS COMPANY reserves the right to deny and or terminate Registrations at any time at its sole discretion without notification. THE BENDIS COMPANY reserves the right to deny usage and access of THE BENDIS COMPANY Services and Websites at any time without notice or liability to any persons or third parties. When applicable, Electronic bidders are required to provide a valid email address. THE BENDIS COMPANY Does not charge a registration fee, but you may need to place a refundable deposit in order to bid electronically.
3. Deposits. THE BENDIS COMPANY requires a deposit of not less than twenty five percent (25%) of the Buyer's TOTAL PURCHASE PRICE by the end of the sale day - with the balance due by the end of the next business day. This can be in the form of cash, a cashier's check, or business check with a bank letter of guarantee. For Electronic bidders, at its discretion, THE BENDIS COMPANY may contact bidders via email or telephone before or during the sale to provide a bank letter of guarantee or wire transfer as a deposit or a credit card authorization form. If THE BENDIS COMPANY does not receive a response from its attempts to contact Buyer or if the Buyer does not provide a deposit, THE BENDIS COMPANY reserves the right to refuse or cancel Buyer's bids and re-sell Goods. THE BIDDER AUTHORIZES THE BENDIS COMPANY TO CHARGE LIQUIDATED DAMAGES TO THE CREDIT CARD LEFT ON FILE DURING THE REGISTRATION PROCESS. (See section 9 "Default" below.)
4. Invoices & Payment Instructions. For Onsite and Webcast auctions, winning bidders can request a printed paper invoice from the Accounting Manager at the sale location during or after the sale. Electronic bidders will be sent an electronic invoice to the email address provided during registration. Invoices can be faxed upon request. Detailed payment instructions for each sale are available in the printed lot catalog at the sale location on the day of the sale. Electronic bidders will be sent detailed payment instructions via email along with their invoice.
5. Payments. THE BENDIS COMPANY must receive the balance of the total purchase price no later than the close of business on the day following the auction (the "Final Payment Date"). All payments must be in cash, cashier's or certified check, federal wire transfer of immediately available funds or a corporate check accompanied with a bank letter of guarantee, and all of the foregoing must be in form, scope and substance acceptable to THE BENDIS COMPANY. Credit cards are accepted for payment, Electronic bidding registration and for Liquidated Damages in the event of a default. If paying by credit card, the exchange rate for sales conducted in foreign currencies will be posted the day of the sale and will be based upon the current currency conversion rates. Without limiting THE BENDIS COMPANY's discretion, no corporate checks without a bank guarantee and no personal checks will be accepted. No title shall pass to Buyer until the total purchase price and all Taxes have been paid to THE BENDIS COMPANY in collected funds.
6. Taxes. Buyer must also pay to THE BENDIS COMPANY on or before the Final Payment Date, all sales, export, use and other taxes due to any federal, state or local taxing authority (the "Taxes") as a result of Buyer's purchase, including without limitation, any taxes arising from any Buyer's Premium (as defined below). To receive the benefit of any tax exemption, Buyer must supply THE BENDIS COMPANY with a sales tax exemption certificate acceptable in form, scope and substance to THE BENDIS COMPANY in THE BENDIS COMPANY'S sole discretion.
7. Buyer's Premium. THE BENDIS COMPANY in its sole discretion may impose a buyer's premium ("Buyer's Premium") on any Goods sold. The Buyer's Premium is a percentage that is added to the final purchase price of any item. THE BENDIS COMPANY shall charge and collect from each successful bidder a buyer's premium for each sale at the auction, in addition to the purchase price. Rates may vary depending on the auction
8. Removal. (1) Buyers or their Agents must remove all Goods purchased before the final removal date and time announced by THE BENDIS COMPANY at the auction (the "Removal Date"). (2) No Goods shall be removed until the full purchase price and all applicable taxes thereon have been received by THE BENDIS COMPANY in the form required herein. Any Goods not removed on or before the Removal Date shall be subject to storage charges that THE BENDIS COMPANY may in its discretion impose. (3) It is the Buyer's sole cost and expense to remove their purchases. ANY ITEMS NOT REMOVED ON OR BEFORE THE REMOVAL DATE SHALL BE DEEMED ABANDONED AND THE BENDIS COMPANY SHALL HAVE NO FURTHER OBLIGATION TO BUYER WITH RESPECT TO SUCH ITEMS. (See also #8C.)
8A. Buyer shall be responsible for the safe and proper removal of any Goods purchased by Buyer. THE BENDIS COMPANY does not pack, ship, store, crate or rig items. Buyers may either pick up Goods at the designated auction site personally or can contract with a third party agent to manage the removal process for them. Before Goods can be removed by an Agent, Agent must provide THE BENDIS COMPANY with (1) proof of payment in full (Paid In Full Invoice) and (2) an "Agent Release Authorization" form which allows The Bendis Company to release items to a third party contractor for shipping, crating or packing purposes.
8B. Goods weighing more than 100 pounds must be removed by a qualified, insured rigger. Before any removal, Buyer must provide THE BENDIS COMPANY with a certificate of insurance from the rigger, which certificate must be in form, scope and content acceptable to THE BENDIS COMPANY in THE BENDIS COMPANY'S sole discretion. Without limiting THE BENDIS COMPANY'S discretion, such certificate must show that the rigger carries comprehensive liability insurance written by an insurance carrier of national standing and in an amount of not less than two million dollars ($2,000,000.00). Without limiting the generality of the foregoing, Buyer shall restore and repair all real and personal property that is altered or damaged as a result of Buyer's removal of the Goods. THE BENDIS COMPANY shall have no responsibility to disconnect utilities to the sold asset, including electric, gas, waste and water lines. Buyer is solely responsible to properly remove and store in appropriate containers all fluids, oils, hazardous chemicals, etc., from machinery purchased. Buyer does hereby indemnify THE BENDIS COMPANY, the owner of the Goods and the owner of the premises in which the Goods are located, from any and all claims, damages, and losses arising from Buyer's actions or actions with respect to the Goods and Buyer's presence on the premises in which the Goods are located, including without limitation, injuries to persons or property and environmental violations or contamination. Risk of loss on any Goods shall pass to the Buyer upon payment in full to THE BENDIS COMPANY of all sums due from Buyer in respect to the Goods.
8C. Small Lot Removal. THE BENDIS COMPANY shall have no responsibility whatsoever for any missing or lost items that can be removed by hand if such items have not been removed within forty-eight (48) hours of the conclusion of the sale. There will be NO removal of any lots until the auction is complete.
9 Default. Bidders must bid only on those items they are prepared to pay for and remove in accordance with the terms and conditions of this sale. All items awarded to high bidders are contractually theirs and must be paid for by the Final Payment Date and removed by the Final Removal Date. IN THE EVENT PURCHASER FAILS TO PERFORM CONTRACTUAL OBLIGATIONS (PAYMENT AND REMOVAL) AS SPECIFIED IN THIS INVITATION TO BID, THE FOLLOWING ACTION APPLIES: PURCHASER WILL AUTOMATICALLY BE PLACED IN DEFAULT. THIS IS YOUR OFFICIAL NOTICE OF DEFAULT. Upon default, the purchaser shall lose all right, title, and interest which he/she might otherwise have acquired in and to such property as to which default has occurred. THE BENDIS COMPANY will re-market and re-sell this property.
9A. Payment Default. Failure to pay invoices in full by the Final Payment Date in accordance with payment terms will subject Bidder to pay as Liquidated Damages a sum equal to the lesser of (1) 20 percent of the invoice price of the item(s) as to which the default has occurred, or (2) the full amount of the difference between the original invoice price and the re-sold price plus any expenses incurred to re-market or re-sell these items. IF THE BENDIS COMPANY HAS NOT RECEIVED PAYMENT FOR WINNING BIDS WITHIN 24 HOURS OF THE FINAL PAYMENT DATE, THE BIDDER AUTHORIZES THE BENDIS COMPANY TO CHARGE LIQUIDATED DAMAGES TO THE CREDIT CARD LEFT ON FILE DURING THE REGISTRATION PROCESS.
9B. Removal Default. Failure to remove items by the Final Removal Date in accordance with removal terms will subject Bidder to pay as Liquidated Damages the full amount of the expenses incurred to store or transport items until they are re-sold. IF BUYER HAS NOT REMOVED ITEMS WITHIN 24 HOURS OF THE FINAL REMOVAL DATE, THE BIDDER AUTHORIZES THE BENDIS COMPANY TO CHARGE LIQUIDATED DAMAGES TO THE CREDIT CARD LEFT ON FILE DURING THE REGISTRATION PROCESS.
10. After Buyer has removed any item from THE BENDIS COMPANY'S possession, THE BENDIS COMPANY shall have no obligation to make any adjustment or accommodation to Buyer because of any mistake in quantity or other defect or problem with respect to such item. Buyer must make all requests for adjustments in writing to THE BENDIS COMPANY before any item is removed from the premises where the auction is conducted.
11. THE BENDIS COMPANY shall not be responsible for any damages, loss or theft of Goods except in the case of THE BENDIS COMPANY's willful misconduct. Without limiting the foregoing, THE BENDIS COMPANY shall not be responsible for damages or losses caused by strikes, civil disorders, or acts of God.
12. Changes. THE BENDIS COMPANY reserves the right to withdraw or sell any assets contained in an auction prior to or succeeding the stated auction period without notification. THE BENDIS COMPANY reserves the right to temporarily or permanently end an auction during the stated auction period or extend an auction without notification. If for any reason THE BENDIS COMPANY is unable to deliver any Goods purchased by Buyer, THE BENDIS COMPANY'S sole liability shall be to return all sums paid by Buyer to THE BENDIS COMPANY in respect of such Goods.
13. Minimum or Reserve Prices. THE BENDIS COMPANY, in its sole discretion, reserves the right to establish a reserve or minimum price on any Goods without having to announce post or publish notice to attendees and buyers at any auction. THE BENDIS COMPANY reserves the right to confirm or reject the final bid. Furthermore, The Bendis Company, and/or its affiliates or subsidiaries, may bid at the auction either for its own account or on behalf of a third party.
14. Absentee Bids. Are not being accepted for the auction.
15. THE BENDIS COMPANY, in its sole discretion, reserves the right to refuse the bid of any person without providing any notice or reason therefore. THE BENDIS COMPANY reserves the right to deny the usage and access by any person or third party of any and all THE BENDIS COMPANY Services and Websites without notification.
16. THE BENDIS COMPANY, in its sole discretion, shall control all bidding increments and advances at any auction. The Bendis Company reserves the right to reject any bid that is only a minimal increase over the preceding bid, that is not commensurate with the value of the item being offered or that The Bendis Company believes was made illegally or in bad faith. In the event of a dispute among bidders, The Bendis Company may, in its sole discretion, either accept what it deems to be the final bid or solicit further bids on the item in dispute. No returns or refunds will be permitted, unless authorized by the seller in writing.
17. THE BENDIS COMPANY reserves the right, in its sole discretion, to sell items advertised as a public auction sale, on a piece by piece basis or as a complete lot. Without limiting the generality of the foregoing, THE BENDIS COMPANY may accept a complete lot bid and then conduct an item by item auction which auction shall be effective only if the total proceeds there from exceed the amount of the complete bid.
18. All information provided by THE BENDIS COMPANY to Buyers, including without limitation, any advertising, lot sales catalogs or otherwise, is subject to deletions, errors, additions, and changes without notice. Although information is gathered from sources thought to be reliable, THE BENDIS COMPANY shall have no responsibility whatsoever for any information provided to any attendee or buyers. All buyers shall rely solely on their own investigation and inspection of any Goods.
19. THE BENDIS COMPANY reserves the right to amend any and all of the Terms and Agreements stated herein at any time without notification at THE BENDIS COMPANY's sole discretion. It is the Buyer's responsibility to read and review the Terms and Conditions for each sale. THE BENDIS COMPANY provides the Terms and Conditions through its Websites and in printed form at on-site auctions.
20. When THE BENDIS COMPANY is selling or auctioning any Goods on behalf of a third party owner, THE BENDIS COMPANY shall act as an agent only and shall have no liability whatsoever for the acts of any owner/principal.
21. Export Law Compliance. Buyers agree to comply with all US export control and related laws, and acknowledge that THE BENDIS COMPANY is not the exporter of any purchased item. Certain items offered for sale at the auction may constitute "Restricted Technology." Under federal law, such items may not be shipped outside the United States. THE BENDIS COMPANY makes no representation or warranty concerning, and has conducted no investigation to ascertain which items, if any, constitute Restricted Technology. Buyer also agrees not to export any item to countries which are subject to comprehensive embargoes or support terrorism. These countries include, but are not limited to: Cuba, Iran, North Korea, Sudan and Syria. The list will change from time to time,
22. Auction Sites. Buyers acknowledge that an auction site is a potentially dangerous place, Flammable, noxious, corrosive and pressurized substances may be present. Heavy equipment may be operated and electrical circuits may be live. Every person enters the auction site at his or her own risk with notice of the condition of the premises and the activities that will be or have been conducted on the premises. No person shall have any claim against THE BENDIS COMPANY, the seller or their respective agents for any injuries sustained or for damages to or loss of property that may occur at the auction site.
23. THE BENDIS COMPANY Rights and Remedies. If the Buyer fails to comply with any of the Terms, THE BENDIS COMPANY shall have all rights and remedies available to it at law and in equity. Without limiting the generality of the foregoing, THE BENDIS COMPANY may retain all deposits and partial payments received from Buyer and may resell any Goods that Buyer fails to purchase. Buyer shall be responsible for all costs, losses, and damages suffered by THE BENDIS COMPANY (i) as a result of Buyer's breach of any of the Terms, including without limitation, lost profits and consequential damages, and (ii) incurred in connection with the enforcement of THE BENDIS COMPANYS' rights, including, without limitation, legal fees and costs and expenses related to the resale of Goods, including storage and rigging fees.
24. Website Usage. The following is specific to the access and usage of THE BENDIS COMPANY Websites including and not limited to any and all features and applications:
25. No Collusion. Buyers agree they will not participate in any bidding practices with the intent of manipulating the bidding. Any and all forms of collusion between Buyers are prohibited. Buyers agree they will not place bids under false names or Buyer Information.
26. Buyers agree they will defend, indemnify and hold harmless THE BENDIS COMPANY, including its affiliates, directors, officers, employees, agents, shareholders, co-branders, or partners, from and against any and all claim, loss, damage, liabilities , judgments, fees and expenses incurred by THE BENDIS COMPANY, including its affiliates, directors, officers, employees, agents, shareholders, co-branders, or partners, through the use of THE BENDIS COMPANY Services and Websites.
27. Disclaimers. Buyers acknowledge and agree that the internet is an unreliable, unsecured, and error-prone network. THE BENDIS COMPANY cannot and does not guarantee continuous, uninterrupted or secure access to Online bidding service provider or the theBendisgroup.com web site or that Bidder information, including auction registration and bids, will be transmitted or received in a timely fashion. You agree to hold THE BENDIS COMPANY harmless for any interruptions in Online Bidding services or our website, or your inability to reach or effectively use online bidding service provider or theBendisgroup.com website. IN NO EVENT SHALL THE BENDIS COMPANY BE LIABLE OR CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF ONLINE BIDDING. TheBendisGroup.com website, including all content, functions, materials, services and information made available on or accessed through online bidding providers or our website, are provided on an “As Is Where Is” Basis without representations or warranties of any kind whatsoever, expressed or implied, including without limitation, non-infringement or fitness for a particular purpose. THE BENDIS COMPANY Does Not Warrant that the service or functions, features or content contained, made available on or accessed through online bidding providers or thebranforgroup.com website, including without limitation any third-party software, products or other materials used in connection with online bidding services or the Bendisgroup.com website, will be timely, secure, uninterrupted or error free, or that defects will be corrected. THE BENDIS COMPANY makes no warranty that online bidding providers or the Bendisgroup.com website will meet your requirements. If you are dissatisfied with the online bidding providers or the Bendisgroup.com website, your sole remedy is to discontinue using the online bidding provider or the BendisCompany.com website. No advice or information, whether oral or written, obtained by you from THE BENDIS COMPANY or through the online bidding provider or theBendisgroup.com website shall create any warranty not expressly made in the agreement.