Dayton Industrial Motor

TERMS AND CONDITIONS

By registering for the auction, Bidder agrees to comply with these Terms & Conditions.

SELLER RESERVES THE RIGHT TO ACCEPT OR REJECT ANY AND ALL BIDS

• 18% Buyer's Premium on all sales (includes 3% Internet Fee)

• All applicable Local and State Sales Tax will be applied to all sales.

• Notifications regarding purchases will be sent to buyers.

• Full payment required on the day the invoice is received.

• All items are subject to prior sale or transfer.

• All purchases of “regulated machines” will be reported pursuant to applicable Federal Regulations.

• Inspection by appointment only. Call 818 495 3038 to Schedule.

ITEM DESCRIPTION

• Auctioneer strives to provide accurate descriptions and information. Descriptions are believed to be accurate but are not guaranteed.

• All items are sold "AS IS" and "WHERE IS" unless expressly stated in writing. Specifically, any warranties of fitness for a particular purpose or merchantability are expressly disclaimed. Auctioneer and Seller are not responsible for any errors, omissions, discrepancies, or inaccuracies.

• No warranties are made regarding the merchantability or fitness for any purpose.

• Bidders are strongly encouraged to verify any specifications and other details through independent experts or by inspecting the equipment themselves.

• Measurements, including shipping dimensions and weights, are approximate and/or estimated.

• Auctioneer makes every effort to provide password and operating system information for listed equipment. However, we cannot guarantee the availability or accessibility of this information.

• All purchases of “regulated machines” will be reported pursuant to applicable Federal Regulations.

REAL ESTATE - DESCRIPTION / CONDITION

• All properties are sold "as is" with all faults and defects, without warranty or guarantee of any kind.

• The Auctioneer makes no representations regarding the fitness of any parcel for a particular use.

• Bidders are responsible for conducting independent due diligence to determine the characteristics and attributes of the properties, including suitability for intended use, location, taxes or fees owed, encumbrances, access, mineral rights, and water rights.

• Failure to visit the properties constitutes a waiver.

• All buyers are encouraged to consult an attorney prior to bidding.

REAL ESTATE - TRANSFER OF OWNERSHIP

• BUYER'S PREMIUM FOR REAL ESTATE WILL BE 5% 

• Conveyance of properties is not completed via title insured closing unless requested by the Bidder in advance of the auction and agreed to by the Auctioneer. The cost of this is borne by the Bidder.

• Bidder authorizes the Auctioneer to act as Bidder’s agent to complete any closing documents or corrective documents thereafter.

• For each lot, Bidder must specify the Deed Information (grantee's name and address). If not provided within two weeks after payment, the Auctioneer will use the Bidder’s registered name and address.

BUYER RESPONSIBILITIES

• Each bid is an irrevocable offer to purchase the assets in the auction lot.

• Buyers must ensure equipment meets all applicable safety standards.

• Buyers are responsible for all import/export duties, taxes, packaging, rigging, and transportation fees.

• Auctioneer will provide the standard invoice.

• Auctioneer may, at its discretion, contact bidders to request a deposit of up to $10,000 USD (fully refundable without purchase) for first-time Bidspotter registrants or those with negative Bidspotter history.

• Bidders will be notified if a deposit is required. If Auctioneer does not receive a response or the requested deposit, Auctioneer reserves the right to refuse or cancel bids and re-sell the items.

• Bidders are responsible for all bids made using their account and Bidder Number.

• If unauthorized bids are placed on the Bidder’s account, the Bidder must notify the Auctioneer immediately via email (logan@hillseth.com) and report the incident to law enforcement, providing the Auctioneer with a copy of the police report.

• Real Estate is Subject to Seller Confirmation. Buyers must contact Auctioneer to be approved to bid on Real Estate. Contact Isabell Hillseth at isabell@hillseth.com or 818-395-4048.

RESPONSIBILITY FOR PURCHASED ITEMS

• Bidders assume responsibility for purchased items immediately following their winning bid.

• Buyers are advised to insure their items.

NON-DELIVERY

• Seller's liability for non-delivery is limited to returning the purchaser's deposit for the non-delivered items.

AGENT RESPONSIBILITY

• The Seller's agent is not responsible for the acts of its principals when acting as an agent.

PAYMENT

• Acceptable forms of payment: Company checks, wire transfers, credit card, or cashier's checks payable to Chris Hillseth Enterprises, Inc.

• No equipment will be removed until payment is received by Chris Hillseth Enterprises. NO EXCEPTIONS - NO PAYMENT TAKEN ON SITE.

• If the Payment Due is not received within 48 hours of the time invoice is received, the Bidder authorizes the Auctioneer to charge any credit card on file for the amount due.

• If a winning Bidder fails to make the payment within the stipulated time frame, the Bidder consents to grant the Auctioneer one-third of the Payment Due (invoice amount plus any financed amount) as liquidated damages or specific enforcement, plus 150% of the Auctioneer’s legal and collection costs.

• Unless otherwise specified, all taxes or fees on any auctioned real estate are the buyer's responsibility.

• Payment Deadline: Full payment is due within 48 hours of the auction's conclusion.

• Invoices Over $2,000: Must be paid by wire transfer unless prior authorization is granted by the Auctioneer.

• Credit Card Payments: 3% fee will be applied to all credit card payments, if the Auctioneer agrees to accept payment via credit card.

• Insufficient Funds: Insufficient funds will not be accepted as a defense for non-payment.

• Financing: Any auction lot requiring financing will necessitate a separate agreement with complete terms and conditions.

SALES TAX

• Sales tax will be added to all taxable items.

• Resale permit numbers must be filed by dealers.

• Buyers agree to pay any required taxes if sales tax is not collected at the time of sale.

SHORTAGES

• Adjustments for shortages in estimated counts will be made if claims are made at the time of removal. No adjustments will be allowed after removal from the premises.

BIDDING DISPUTES

• In case of disputes, the Seller's agent may choose to re-auction the lot immediately.

NON-PAYMENT CONSEQUENCES

• Failure to pay the full purchase amount or comply with sale terms within the specified time allows the Seller to retain the deposit as liquidated damages.

• Unpaid items may be resold, and any deficiency and associated costs will be charged to the defaulting purchaser, including all costs incurred by the resale and enforcement of obligations.

ITEM REMOVAL

• Full payment must be received before item removal.

• Removal is at the purchaser’s expense, risk, and liability.

• Auctioneer is not responsible for items not removed within the specified time of the sale terms. Unremoved items may incur moving and storage costs and may be deemed abandoned.

• Abandoned items will not be refunded.

• Once items are picked up from the Seller's location, the Auctioneer has fulfilled their delivery obligations. This occurs when the goods, cleared for export, are handed over to the carrier designated by you, the Buyer, at the specified location.

RIGGING / LOADOUT

• Loading and skidding/crating charges will be added to all purchases at market rates.

• Loading and skidding/crating fees will be posted online or in each lot description.

• Buyers are responsible for securing all safety equipment to meet applicable government safety standards when using or removing purchased items.

BUYER'S PREMIUM / INTERNET FEE

• 18% Buyer's Premium on all sales (includes 3% Internet Fee)

• The Seller reserves the right to accept or reject any bids.

MINIMUMS / RESERVES

• Some items may have minimums or reserves.

• Bidders acknowledge that the Auctioneer may bid on behalf of the seller or a third party.

TECH DISCLAIMER

• Auctioneer does not guarantee the website's functions, features, or content will be error-free, secure, or uninterrupted.

LIABILITY

• Buyers indemnify and hold harmless the auctioneer and seller from any damages, claims, or liabilities arising from injuries during the sale or removal of items.

• Auctioneer and Seller have no liability for non-delivery of items except to return any deposit paid for non-delivered items.

INDEMNIFICATION

• Buyer agrees to defend, indemnify and hold harmless the Auctioneer, Seller, and their respective directors, officers, employees, agents, and representatives from and against any and all liabilities, judgments, claims, settlements, losses, damages, penalties, obligations, and expenses (including attorney’s fees), other professional fees, and expenses, incurred or suffered by such person arising from or in connection with any loss, damage, or injury to person or property arising from or in connection with the goods sold.

• This indemnification remains effective after delivery and any subsequent transfer of the goods.

LEGAL JURISDICTION

• Bidder consents to exclusive jurisdiction in the state courts of California or binding arbitration at the Auctioneer’s option and at the Bidder's expense.

• Bidder waives any jurisdictional defenses to any suit filed in the state of California.

AGREEMENT TO TERMS

By registering for the auction and accepting the sale listing catalog, Buyers agree to these Terms & Conditions and any additional terms announced at or during the auction. Compliance is necessary for Chris Hillseth Enterprises ("Auctioneer") to accept the Bidder's Registration and issue a Bidder Number.

INSPECTIONS

Inspection by appointment only.
Call 818-495-3038 to Schedule.