ALL REGISTRANTS MUST HAVE A BANK LETTER GUARANTEEING THEIR
CHECK OR WIRE TRANSFER, LISTING THE ACCOUNT # IT WILL BE
DRAWN FROM, AND UP TO $ XXX. THIS LETTER IS DUE AT THE
AUCTION HOUSE BY FAX (262) 367-0158 OR EMAILED TO
GERLACHCO@AOL.COM IN ORDER TO BE AN APPROVED BIDDER. REGISTRATION AND LETTERS MUST BE IN BY OCTOBER 29, 2012 AT 10:00 AM.
TERMS OF SALE
NOTICE: All bidders and other persons attending this sale
agree that they have read and have full knowledge of these
terms and agree to be bound thereby.

1. IDENTIFICATION: All Buyers are required to give their
full name, address and contact numbers, by driver?s license
or picture id upon request, when registering in person.
Online Bidders as well as Onsite Bidders must give our
Clerks proof of compliance with regard to payment terms
listed below, or will not be allowed to register or bid.
2. PAYMENT: All payments must be made by CASH, CERTIFIED
CHECKS OR CASHIER?S CHECK made payable to GERLACH AUCTION
TRUST ACCOUNT. Checks MUST BE accompanied by a letter from
the payer?s bank guaranteeing unqualified payment to Gerlach
Companies, Inc. Your letter should be similar to the
following: ?Customer Name? is a customer of this bank. This
bank will guarantee unqualified payment to Gerlach
Companies, Inc. on the account listed herein up to the
amount of $___. This letter is valid until (date). Checks
without a letter from the bank guaranteeing unqualified
payment will not be accepted. All checks are to be made
payable to GERLACH AUCTION TRUST ACCOUNT. Bank Wire
transfers to the account of GERLACH COMPANIES, INC. will
facilitate payment for final purchase. Payment of bank
service charges are the Buyer's responsibility as well. A
bank wire transfer must be set up and approved by David
Gerlach, President of Gerlach Companies, Inc., (262) 367-
4950 prior to the auction date.
3. TIME OF PAYMENT: All bills must be paid in full by the
end of the auction sale and before removal of goods. No
equipment will be removed until complete settlement is made.
4. REMOVAL: All purchases must be removed by the end of the
day of sale, or as per instructions given by auctioneer at
the beginning of the sale. No lot can, on any account, be
removed during the sale if it would cause a disruption of
the sale. Removal shall be at the expense, risk and
liability of the Buyer. Purchases will be allowed to be
removed only upon presentation of paid bill/invoice from the
auction clerk. Auctioneer shall not be responsible for goods
not removed within the time allowed.
5. CLEANUP: It is the Buyer?s responsibility to make sure
that he leaves the area in and surrounding various lots that
he purchases at least as clean as it was prior to those
purchases. In other words, the Buyer does not have the right
to take files out of a file cabinet and dump them on the
floor, then leave with the empty file cabinet. If there is
oil in a machine, or something similar, the Buyer does not
have the right to dump the oil on the floor, and then remove
the machine. If the Buyer buys a lot with several articles
in it that he does not want, he must at the very least
deposit these articles in a dumpster or garbage cans which
usually are on site at most auctions.
6. TITLES TO VEHICLES: Titles to any vehicles will be sent
by Gerlach Companies, Inc. directly to the Buyers and will
never be given out on the day of sale. Normally a title will
be sent within seven to ten days after the Buyer?s check
clears, by certified mail.
7. CLERICAL ERRORS: Because our clerks are human, sometimes
an error is made on a Buyer?s bill. This error can either be
for or against the Buyer. If the error is made in favor of
the Buyer, the Buyer will be billed for the mistake and will
be expected to promptly send a check to the auction company
to correct this error. If the error is made in favor of the
auction company, Buyer will promptly receive a check to
correct this mistake.
8. SALES TAX: Each Buyer will be responsible for payment of
sales tax chargeable by County and/or the State in addition
to the bid price including buyer?s fee (usually 10% on site
and 13% on line) for any asset purchased, unless proper and
acceptable evidence of a Certificate of Exemption is
provided to Gerlach Companies, Inc. at the time of payment
and before removal of purchased asset.
9. AS IS: The Buyer acknowledges that he or an agent has
inspected all of the assets upon which he will be bidding
and/or does purchase. Buyer agrees to accept assets
purchased ?AS IS,? ?WHERE IS - IN PLACE,? and ?WITH ALL
FAULTS.? The auctioneer expressly disclaims on the part of
the auctioneer as agent and the seller, any warranty as to
fitness or usability of all the assets, and the Buyer
expressly waives any claim in respect to any possible future
use of any asset purchased for any purpose whatsoever.
10. CONDITION OF ARTICLES SOLD: Neither the auctioneer nor
the seller shall be responsible for the correct description,
genuineness, authenticity of, or defect in any lot, and make
no warranty in connection therewith. No sale shall be set
aside nor allowance made on account of any incorrectness,
error in cataloging, or any imperfection not noted. No
deduction will be allowed on damaged articles since all
articles are being exposed for public exhibition, and sold
"as is" and without recourse. Articles are not warranted
as merchantable or fit for any particular purpose, and no
claim may be made by Buyer relating to the condition or use
of articles purchased or for proximate or consequential
damages arising therefrom.
11. SAFETY DEVICES: Articles purchased may not incorporate
approved activating mechanisms, operating safety devices, or
safety guards, as required by OSHA or otherwise. It is
Buyer?s responsibility that articles purchased be so
equipped, safeguarded, and cleaned to meet OSHA and any
other requirements.
12. INDEMNIFICATION: Buyer agrees to indemnify and hold
auctioneer and seller harmless from and against all claims
and liabilities relating to the condition of, removal of, or
use of the articles purchased or failure of user,
auctioneer, or seller to follow instructions, warnings or
recommendations of the manufacturer, or to comply with
federal, state, and local laws applicable to such articles,
including OSHA Requirements, and federal, state and local
environmental laws, ordinances and requirements, or for
proximate or consequential damages, costs, or legal expenses
arising therefrom.
13. LIABILITY FOR REMOVAL OF ARTICLES: Buyer agrees to
indemnify and hold both the auctioneer and seller harmless
from and against any and all claims of whatsoever nature and
kind for liability relating to the removal of articles
purchased. This refers to all damage done to the premises by
virtue of the removal of the articles purchased, including
but not limited to proper disconnection of all electrical
wiring, capping of said wiring, and turning off of all
breaker switches to make sure that all wiring is not live
prior to disconnection of the machinery involved, patching
up any hole in wall, ceiling or roof as a result of the
removal of said machinery or equipment, and repair of any
and all other damage as a result of the removal of all
machinery purchased, including restoration of electricity to
the building. It is understood that the Buyer, or anyone he
hires for removal, is liable for repair of any damage
whatsoever as a result of the removal of any articles
purchased at said auction.
14. BUYER?S FEE. There is always a Buyer?s Fee charged to
all Buyer?s purchases which is in addition to sales tax,
etc. This fee is usually 10% for on site purchases and 13%
for on line purchases, but can be higher or lower.
15. CLAIMS: No claims will be allowed after removal of goods
from premises.
16. RESPONSIBILITY FOR NON-DELIVERY: Neither the auctioneer
nor the seller shall, in any event, be liable for non-
delivery or for any other matter or thing to any Buyer of
any lot, other than for the return to the Buyer of the
deposit or sum paid on said lot, should the Buyer be
entitled thereto. It is the responsibility of Buyer to watch
and care for articles purchased, and auctioneer WILL NOT BE
RESPONSIBLE FOR THEFT! Buyers are responsible for their own
items after purchase. Title passes to Buyer upon fall of the
gavel, even though you may not have paid for the items.
SELLER NOR AUCTIONEER have any liability to Buyer due to
non-delivery of any purchased item(s).
17. COMPLIANCE WITH TERMS OF SALE: In default of payment of
bills in full within the time therein specified, the
auctioneer in addition to all other remedies allowed by law,
may retain all monies received as deposit or otherwise, as
liquidated damages. Lots not paid for and removed within the
time allowed therein may be resold at public or private sale
without further notice, and any deficiency, together with
all expenses and charges of resale, will be charged to the
defaulting Buyer.
18. RISK TO PERSON AND PROPERTY: Persons attending during
exhibition, sale or removal of goods assume all risks of
damage of or loss to person and property and specifically
release the auctioneer from liability therefore. Neither the
auctioneer nor his principal shall be liable by reason of
any defect in or condition of the premises on which the sale
is held.
19. CONTRACT MOVERS: If Buyer wishes to hire or contract
with a machinery mover, rigger or other type of outside
contractor, GERLACH COMPANIES, INC. WILL NOT ALLOW them to
work on these sale premises unless they have placed with the
auctioneer PROPER INSURANCE protecting GERLACH COMPANIES,
INC. and the people or company that the auctioneer is
conducting the sale for against any or all claims arising
from personal injury and/or property damage created by their
actions. All machinery movers employed by any Buyer will be
required to provide evidence of the following insurance: a
minimum of $1,000,000.00 per occurrence of comprehensive
General Liability insurance for personal injury and property
damage with a $5,000.00 maximum deductible. To the extent
that the deductible is greater than $5,000.00, the machinery
mover will be required to post a cash bond (or other
security satisfactory to the auctioneer) prior to the start
of the auction or the solicitation of any business on the
premises. Said bond will be returned only at the completion
of all contracted services and evidence of releases from
customers.
20. REMOVAL OF MACHINERY AND EQUIPMENT BY BUYERS: No one but
licensed, bonded and insured machinery movers shall be
allowed to move any machinery unless an insurance policy in
a minimum of $1,000,000.00, naming Gerlach Companies, Inc.
as their interest may appear, is on file at our corporate
offices prior to the moving of said machinery. These
Certificates should be faxes to Gerlach Companies, Inc. at
(262) 367-0158 or mailed to P.O. Box 166, Hartland, WI
53029.
21. CHECKOUT: After a Bidder has won the bid with his/her
high bid, they become the new owners of the item, even
though they may not have paid for the item yet. The item(s)
become the full and sole responsibility of Buyer at this
point, and Buyer assumes all risk of loss and damage. Buyers
should guard their items accordingly. Checkout will continue
during and after the auction and our people will monitor
checkout. Primary responsibility for each article sold
belongs to Buyer immediately after the auction hammer falls.
22. ADDITION TO OR WITHDRAWAL FROM SALE: The auctioneer
reserves the right to withdraw from sale any of the property
listed, or to sell at this sale property not listed, and
also reserves the right to group one or more lots into one
or more selling lots or to subdivide into two or more
selling lots. Whenever the best interest of the seller will
be served, the auctioneer reserves the right to sell all the
property listed, in bulk. The auctioneer reserves the right,
at any time, to place minimum bids on any property being
sold, even if advertised to the contrary.
23. SALE BY ESTIMATED WEIGHT, COUNT OR MEASURE: When items
are sold by estimated weight, count or measure, the Buyer
will be billed for and required to pay for the estimated
weight, count or measure. If upon delivery any shortage
exists, the Buyer will receive a refund at the rate of
purchase. If there be any excess, the Buyer will be required
to take and pay for such excess, at the rate of purchase.
24. DISPUTE BETWEEN BIDDERS: If any dispute arises between
two or more bidders, the auctioneer may decide the same or
put the lot up for sale again at once, and resell to the
highest bidder. The auctioneer?s decision shall be final and
absolute.
25. RESERVE: The auctioneer reserves the right to reject any
and all bids. On lots upon which there is a reserve, the
auctioneer shall have the right to bid on behalf of the
seller to protect the seller?s reserves. Reserves of minimum
bids may be established at any time during the auction
without notice. Auctioneer reserves the right to start
bidding and set reasonable bidding increments, lot and re-
lot items prior to the fall of the gavel. Fractional
increment advances may not be recognized as bids. If no bid
is received in a reasonable time, lot will be passed. Seller
retains the right to add or delete lots, which will be
announced.
26. RECORDS: The record of sale kept by the auctioneer and
bookkeeper will be taken as final in the event of a dispute.
27. INDEPENDENT CONTRACTOR: The auctioneer is acting as an
independent contractor only and is not responsible for the
acts of its principal or seller.
28. ADDITIONAL TERMS AND CONDITIONS: The auctioneer may add
other terms and conditions of sale, such additional terms
and conditions to be announced prior to the auction. Should
auctioneer deem necessary, said auctioneer has the right to
add other consignors to the sale.
29. ALL ANNOUNCEMENTS from the auction block SUPERSEDE any
printed material or any other statements made previously.
30. THE AUCTIONEER RESERVES THE RIGHT to accept bids in any
increment he feels is in the best interest of his clients
and reserves the right to waive any previously announced
requirements.
31. A registrant is not authorized to purchase his or it?s
own items at a Gerlach Companies, Inc. Auction, but may
purchase non-owned items if he has completed the
registration process and obtained a Bidder?s Paddle from our
Cashier.
32. A registrant who is purchasing items/machinery, etc. on
behalf of a company, corporation, or someone other than
himself, must have a written authorization from said
company, corporation, or individual BEFORE registration with
our Cashier; however, registrant will also be held
personally responsible for said purchases.
WHEN PICKING UP ITEMS, BUYER MUST HAVE INVOICE IN HAND.
All property is sold ?AS IS?, and ALL SALES ARE FINAL.
Property is open to thorough public inspection. It is the
Bidder?s responsibility to determine condition, age,
genuineness, value or any other determinative factor.
Gerlach Companies, Inc. may attempt to describe the
merchandise in advertising, on the Internet and at the
auction but makes no representations. In no event shall
Gerlach Companies, Inc. be held responsible for having made
or implied any warranty of merchantability or fitness for a
particular purpose. Bidder shall be the sole judge of value.
Bidders who bid from off site and are not present at the
live auction or preview understand and acknowledge that they
may not be able to inspect an item as well as if they
examined it in person. It is the Bidder?s responsibility to
determine condition, age, genuineness, value or any other
determinative factor. Gerlach Companies, Inc. shall endeavor
to describe in detail each item and any pertinent
information about it. Gerlach Companies, Inc. will not be
responsible for any errors or omissions in the description
of the merchandise unless it is a material and intentional
misrepresentation of the item itself. Bidder agrees that
everything is sold as is and that they may not return any
item they purchase. Gerlach Companies, Inc. is providing
Internet bidding as a service to Bidder. Bidder acknowledges
and understands that this service may or may not function
correctly the day of the auction. Under no circumstances
shall Bidder have any kind of claim against Gerlach
Companies, Inc. or anyone else if the Internet service fails
to work correctly before or during the live auction. Gerlach
Companies, Inc. will not be responsible for any missed bids
from any source. Internet bidders who desire to make certain
their bid is acknowledged should use the proxy-bidding
feature and leave their maximum bid 24 hours before the
auction begins. Gerlach Companies, Inc. reserves the right
to withdraw or re-catalog items in this auction.