2010 ACCURAY CYBERKNIFE ROBOTIC RADIOSURGURY SYSTEM, LOCATION MI, BUYER TO REMOVE & 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

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