TERMS OF SALE NOTICE:
All bidders at this sale agree that they have read and
have full
knowledge of these terms and agree to be
bound thereby.
1. IDENTIFICATION: All purchasers are required to
register and
give full name, address and credit card
information.
2. PAYMENT: Invoices must be paid in full within 48 hours
of
the closing date of the sale unless otherwise
specified. A BUYER`S PREMIUM of 15.00% ONSITE, 18.00%
ONLINE WILL BE
APPLIED
TO INVOICE IN ADDITION TO THE SALES PRICE FOR
CASH AND CERTIFIED FUNDS PAYMENTS - THIS REFLECTS A 3%
DISCOUNT.
CREDIT CARD AND NON CERTIFIED PAYMENT METHODS
WILL BE CHARGED AN 18%/21% BUYERS PREMIUM; Business and
Personal
checks will not be
accepted without a letter of verification from
your bank similar to below. (Your Bank Name)
unconditionally
guarantees payment to Heath Industrial from
(Your Company Name) up to the amount of __________. This
guarantee will be valid for purchases made at the
auction of (Auction Name) on (Auction date). NO
MERCHANDISE WILL
BE RELEASED UNTIL INVOICE IS FULLY PAID.
Sales Tax may apply without proper exemption.
3. REMOVAL: NOVEMBER 15 - 19, 9 AM - 4 PM. NOVEMBER 19-22
BY APPOINTMENT ONLY
NO WEEKEND OR HOLIDAY REMOVAL. Purchases may be removed
only on
presentation of paid
bill. Removal shall be at the expense, risk and liability
of the
purchaser. Auctioneer shall not be responsible
for goods not removed within the time allowed, but
shall have
the option to remove and store at the expense
and risk of the purchaser any article purchased, but not
paid
for and removed within the time aforesaid. Our
supervisor will leave the facilities on NOVEMBER,
22 AT
4:00PM and all assets remaining at the facility
will be considered abandoned.
4. MANNER OF PAYMENT: All deposits and balances due shall
be
payable to the order of HEATH INDUSTRIAL. All bills
must be paid to Heath Industrial. All payments must be
made by
Cashier`s Check, Wire Transfer or Company Check
with Bank Letter of Guarantee. The full purchase price on
all
lots sold to the same buyer must be paid in full
within 48 hours of the auction closing date and before
removal of
any of the goods.
5. 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 makes 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. ALL ARTICLES ARE EXPOSED FOR
PUBLIC
EXHIBITION & INSPECTION, AND SOLD "AS IS",
"WHERE IS" AND WITH ALL FAULTS, AND WITHOUT RECOURSE.
ARTICLES
ARE NOT WARRANTED AS MERCHANTABLE OR FIT FOR
ANY PARTICULAR PURPOSE, AND NO CLAIM MAY BE MADE BY
PURCHASER
RELATING TO THE CONDITION OR USE OF ARTICLES
PURCHASED OR FOR PROXIMATE OR CONSEQUENTIAL DAMAGES
ARISING
THEREFROM.
6. SAFETY DEVICES: Articles purchased may not incorporate
approved activating mechanisms, operating safety
devices or safety guards, as required by OSHA or
otherwise. It is
purchaser`s responsibility that articles
purchased are so equipped and safeguarded to meet OSHA
and any
other requirements before placing such
articles into operation.
7. INDEMNIFICATION: Purchaser shall defend and 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 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 requirements, or for proximate or
consequential damages, costs or legal expenses arising
there from.
8. CLAIMS: NO CLAIMS WILL BE ALLOWED AFTER REMOVAL OF GOODS
FROM
PREMISES OR LEFT ON PREMISES PAST ALLOWED TIME
LIMIT.
9. RESPONSIBILITY FOR NON- DELIVERY: Neither the auctioneer
nor
the seller, in any event, shall be liable for
non- delivery or for any other matter or thing, to any
purchaser of any lot, other than for the return to the
purchaser of the deposit or sum paid on said lot, should
the
purchaser be entitled thereto.
10. 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 herein may be resold at
public or private sale without further notice, and any
deficiency, together with all expenses and charges of
resale including legal fees, will be charged to the
defaulting
purchaser.
11. 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 and seller from liability
thereof. 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. Bidder
acknowledges that
an auction site is a potentially dangerous
place with heavy equipment being operated and electric
circuits
being live. Every person at the auction site
before, during and after the auction sale shall be deemed
to be
there at their own risk with notice of the
condition of the premises, the activities on the
premises and
the conduct of third parties and the Bidder
shall so advise his agents and employees. No person
shall have
any claim against the Auctioneers, their
agents, employees or principals for any injuries
sustained nor
for damages to or loss of property which may
occur from any cause whatsoever.
12. CONTRACT MOVERS: ALL EQUIPMENT TO BE LOADED BY
CONTRACT
MOVERS, whose pricing for loading is listed on
each item.
13. 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.
14. SALE BY ESTIMATED WEIGHT, COUNT OR MEASURE: When items
are
sold by estimated weight, count or measure, the
purchaser will be billed for and required to pay for the
estimated weight, count or measure. If, upon delivery,
any shortage exists, the purchaser will receive a refund
at the
rate of purchase. If there be an excess, the
purchaser will be required to take and pay for such
excess, at
the rate of purchase. (See Paragraph 3 for
time and Guarantee Limitation.)
15. 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, and resell to
the highest
bidder. The auctioneer `s decision shall
be final and absolute.
16. RESERVE: The auctioneer reserves the right to reject
any and
all bids. On lots upon which there is a
reserve, the auctioneer or his assigned agents, shall
have the
right to bid on behalf of the seller.
17. RECORDS: The record of sale kept by the auctioneer and
bookkeeper will be taken as final in the event of any
dispute.
18. INDEPENDENT CONTRACTOR: The auctioneer is acting as an
independent contractor only and is not responsible for
the acts of its principals or sellers.
19. BREACH: Without limiting other remedies, we may limit
your
activity, immediately remove your bids or Item
listings, warn our community of your actions, issue a
warning,
temporarily suspend, indefinitely suspend or
terminate your membership and refuse to provide our
services to
you if: (a) you breach this Agreement; (b) we
are unable to verify or authenticate any information you
provide
to us; or (c) we believe that your actions may
cause financial loss or legal liability for you, our
Users or us
20. ADDITIONAL TERMS AND CONDITIONS: The auctioneer may
add
other terms and conditions of sale, such additional
terms and conditions to be posted prior to the auction.