Toyoda Model FA800 4-Axis CNC HMC, Year 2003, SN NS0232, Location MI, Buyer to Load & Ship

Timed Online Sales Terms and Conditions as set forth by
Harbor Machinery, Inc. referred to, herein, as HMI. In this
agreement the term Bidder, Buyer, Purchaser shall be used
interchangeable and be understood to be one and the same.

REGISTRATION: All bidders must register for the sale by
providing current, complete and accurate information.
Bidders are required to provide full name of contact person,
full name of business, entity, complete address, phone
number, fax number and email address. It is the registrant’s
responsibility to ask for clarification of any terms and
conditions not clearly understood, HMI, at its sole
discretion, may deny registration to any person or entity.
All bidders and buyers must be 18 years of age or older to
participate in this timed online sale.

RESERVE: All items in the timed online sale will be sold to
the highest bidder. Some or all of the items may be
auctioned with minimum reserve prices, and/or subject to
seller(s) right of confirmation. On lots with a reserve HMI
reserves the right to bid on behalf of the seller. HMI
reserves the right to accept or reject any or all bids.

AGENT: HMI is providing a service and acting as an agent for
the Owner/Seller in an online timed sale format and is not
responsible for the statements or actions of other parties
which include, but not limited to, owner/seller’s
principles, officers, directors, employees or other agents
of owner/seller, or any other party.

BUYERS PREMIUM: All bidders will be charged a percentage on
each item purchased online. A buyer’s premium fee of 15%
will be added to the final sale price of all lots purchased.

INVOICE: All successful online bidders will receive an
invoice by email or fax within 24 hours of the close of the
timed online sale.

PAYMENT: Online sales must be paid for in full within 24
hours of receiving the invoice unless prior arrangements
have been accepted and approved by HMI. All prior payment
arrangements must be approved before the start of the timed
online sale. Accepted methods of payment are wire transfer,
certified/cashier check or cash.
We do not accept credit card payment for payment of items
awarded. Caution your credit card may be charged in the
event of default as described in the DEFAULT section of this
agreement. Payment in full must be received prior to the
removal of any purchased item(s) or lot. Full payment means
the total amount due for all items and or lots purchased
including the buyers premium and any applicable sales taxes,
or any other charges stated on the invoice. All invoices
must be paid in full within the time described herein. All
invoices must be paid in full before any items may be
removed. NO EXCEPTIONS.

SALES TAX: All sales are subject to state and local taxes,
which will be collected from the successful bidder unless a
proper certification including tax-exempt number is
presented at the time of payment.

INSURANCE: All successful bidders, their riggers or third
parties must provide HMI and the owner of the premises of
the sale item(s) a certificate of insurance in the amount
acceptable by HMI and the owner/seller and other interested
parties involved before removal of merchandise.

REMOVAL: All items awarded become the sole responsibility of
the successful bidder at the close of the timed online sale.
HMI or the Owner/Seller is not responsible for any issues
related to the safe handling and transport of merchandise
purchased from the timed online sale. Buyer assumes all risk
of loss and damage to property until removed from the sales
premises. Removal shall be at the sole risk and liability of
the buyer, including the cost and proof of insurance. All
purchased item(s) shall be removed in their entirety from
the site(s). The buyer must repair or replace any damage
that occurs during the removal. Buyer is responsible to meet
operating and shipping in compliance with state/federal laws
and all applicable governing safety standards. Third party
removal or shipping parties must be approved by both the
seller and buyer. Buyer is responsible for third party’s
risk and liability. All item(s) must be removed by the
determined timeline set forth in the time online sale.
Removal shall be completed by the predetermined timeline or
the purchased item(s) will be considered abandoned and
bidder will be considered in default and ownership will
revert back to the Seller.
Goods weighing more than 100 pounds must be removed by a
qualified, insured rigger. Small Lot Removal. HMI shall
have no responsibility whatsoever for any missing or lost
items that can be removed by hand. Such items should be
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 and all items are paid are paid for in
full.

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 timed online sale. All items awarded
to high bidders are contractually theirs and must be paid
for by the Specified Payment Date and removed by the
Specified Removal Date.
IN THE EVENT BUYER 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. HMI will
re-
market and re-sell this property.

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 HMI HAS NOT RECEIVED PAYMENT FOR WINNING BIDS WITHIN 24
HOURS OF THE FINAL PAYMENT DATE, THE BIDDER AUTHORIZES
HMI
TO CHARGE LIQUIDATED DAMAGES TO THE CREDIT CARD LEFT ON
FILE
DURING THE REGISTRATION PROCESS.

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 OR the item(s) will be deemed abandoned and will be
removed and scrapped at bidders expense.
BIDDER AUTHORIZES HMI TO CHARGE LIQUIDATED DAMAGES AND
OR
RELATED EXPENSES TO THE CREDIT CARD LEFT ON FILE DURING
THE
REGISTRATION PROCESS.

INDEMNIFICATION: Purchaser shall defend and indemnify and
hold HMI and seller harmless from and against any and all
claims and liabilities relating to the condition of, removal
of, or use of the articles purchased or failure of user 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 Environmental Protection Agency, and any
applicable export laws, requirements, or for proximate or
consequential damages or costs or legal expenses arising
there from.

CLAIMS: NO CLAIMS WILL BE ALLOWED AFTER REMOVAL OF
GOODS
FROM PREMISES OR LEFT ON PREMISES PAST ALLOWED TIME
LIMIT.

NON-DELIVERY: Neither owner/seller or HMI shall be liable
for non-delivery to any purchaser of any lot, other than for
the return to the purchaser the sum paid on said
Item(s)/lot(s) should the purchaser be entitled thereto.

COMPLIANCE WITH TERMS: By obtaining a bidding number, each
bidder represents and irrefutably warrants they shall not
misrepresent their ability to close the transaction pursuant
to the terms and conditions of sale. Any bid they make on an
item constitutes an irrevocable offer to buy the item for
the full amount of the bid. If bidder fails to make payment
of bills in full, by the specified time, the bidder will be
considered in default.

NOTICE OF DANGEROUS ENVOIRNMENT: Bidder acknowledges that an
online timed sale site is a potentially dangerous place.
Flammable, noxious, corrosive and pressurized substances may
be present, heavy equipment may be in operation, and
electric circuits may be live. Every person at the timed
online sale site before, during and after the timed online
sale, shall be deemed to be there at his/her own risk this
is the bidders notice of the condition of the premises, the
activities on the premises, and conduct of third parties;
and the bidder shall so advise his/her agents and employees.
No person shall have any claim against HMI, its consignors,
agents, employees, directors or principals for any injuries
sustained or for damages to or loss of personal property, or
personal injury, which may occur from any cause whatsoever.

ITEM DESCRIPTIONS AND MISPRINTS: HMI relies on information
about assets, item(s), lot(s) in the timed online sale
provided by the owner/seller and undertakes no investigation
of that information. HMI shall not be responsible for
correct description, genuineness, authenticity of, or defect
in any lot, and makes no warranty therewith. HMI assumes no
responsibility for, and makes no representations or
warranties concerning, descriptions of items listed in the
timed online sale or contained in marketing materials for
the timed online sale. Registered bidders are advised to
make inspection of items they are intending to bid on and it
is their responsibility and obligation to verify such
descriptions prior to the timed online sale.
All statements contained in any bill of sale , invoices or
elsewhere as to describe the size, quantity, quality,
capacity model, serial number, measurements or condition are
approximated statements and shall not be deemed to be
representations or warranties, oral or written, with respect
to any item or lot. No sale is made invalid or made void by
reason of any flaw in an item(s) or in a lot by reason of
being incorrectly described, and HMI will not be liable and
no compensation will be paid for any such fault or error of
description. THE TERMS AND CONDITIONS APPLY TO ALL
EQUIPMENT
LISTED, SOLD EITHER PRIOR, DURING OR AFTER THE SALE HAS
END.

WARRANTY: All property is sold “AS IS WHERE IS and WITH ALL
FAULTS”. Successful bidder waives any and all claims against
HMI, any owner, seller and all secured parties. HMI nor any
owner, seller, or secured parties make no ORAL OR WRITTEN
WARRANTIES INCLUDING IMPLIED WARRANTIES OF
MERCHANTIBILTY OR
FITNESS FOR PARTICULAR PURPOSE WHATSOEVER. All such
express
or implied warranties are expressly excluded and disclaimed
herein. No oral statement or other writing by any person
negates this exclusion.

BID: By placing a bid on an item sold at our timed online
sale, the bidder agrees to pay the bid amount, plus all fees
applicable. The bidder shall not and cannot cancel a bid
placed after the bidder has confirmed the bid. As a bidder,
placing a bid is a binding contract between HMI, any owner,
seller and all secured parties and the bid cannot be
retracted. HMI reserves the right to reject any and all
bids, at their sole discretion.

ADJUSTMENTS: HMI reserves the right to add or remove any
equipment or item(s), at their sole discretion, before the
start of the online auction. HMI reserves the right, for any
reason, in its sole discretion, to terminate, change or
suspend any aspect of the online auction sale.

DISPUTES: Purchaser agrees that the purchase from HMI occurs
in Michigan. Any disputes between HMI and Purchaser shall be
governed by the laws of the State of Michigan without regard
to the provisions thereof which concern conflicts of laws.
Purchaser agrees that any controversy arising between the
Purchaser and HMI shall be litigated exclusively in
Michigan. The state and federal courts and authorities with
jurisdiction in Michigan shall have exclusive jurisdiction
over all controversies which shall arise between HMI and
Purchaser. Purchaser irrevocably consents to service,
jurisdiction, and venue of such courts for any such
litigation and waives any other venue to which it might be
entitled by virtue of domicile, residence or otherwise.

WAIVER OF JURY TRIAL: Purchaser hereby knowingly,
voluntarily, and irrevocably waives any and all right to a
trial by jury in any legal proceeding arising out of or
relating to these terms.

DISPUTE BETWEEN BIDDERS: The final high bidder shall be
designated by the ending of each timed item or timed lot. If
a dispute arises between two or more bidders, HMI reserves
the right to reopen bidding, by any method HMI deems
appropriate which may include direct collection of bids from
bidders by phone or in writing to HMI. HMI designation of
the successful bidder is final.
HMI reserves the right to amend any and all of the Terms and
Agreements stated herein
at any time without notification at HMI sole discretion. It
is the Buyers responsibility to read and review the Terms
and Conditions for each timed online sale. HMI provides the
Terms and Conditions through ANY OF THE CHOSEN VENUES IT
DECIDES TO USE TO CONDUCT TIMED ONLINE SALES.

FORCE MAJEURE: HMI shall not be liable for its failure to
perform hereunder due to any contingency beyond its
reasonable control, including acts of God, fires, floods,
wars, sabotage, accidents, labor disputes or shortages,
governmental laws, ordinances, rules and regulations,
whether valid or invalid (including, but not limited to
priorities, requisitions, allocations, and price adjustment
restrictions). Inability to obtain material, equipment or
transportation, and any other different contingency.

SEVERABILITY: If anyone or more provisions of this agreement
shall be held invalid or unenforceable, then the legal
enforceability of all the provisions of this agreement shall
not be affected by it.

BIDDER/BUYER ACKNOWLEGES THROUGH THE EXECUTION,
ACCEPTANCE
OF THIS AGREEMENT THAT HMI AND THE SELLER’S/OWNER’S
OFFER IS
EXPRESSLY LIMITED TO BIDDER’S/BUYER’S ACCEPTANCE OF THE
TERMS OF THESE TERMS, ONLY, AND THAT ANY ADDITIONAL
TERMS
SHALL NOT BECOME PART OF THIS AGREEMENT. BIDDER/ BUYER
ACKNOWLEDGES BY THE EXECUTION AND ACCEPTANCE OF THIS
AGGREEMENT THAT NO ADDITIONAL TERMS ARE ACCEPTABLE TO
HMI OR
THE SELLER’S/OWNER’S AND NOTIFICATION OF HMI AND THE
SELLER