MAKITA ELEC. ORBITAL & PALM SANDERS

TERMS & CONDITIONS 

1. A $200 Dollar Preauthorization Is Processed for Each Bidder.  It Will Be Voided If No Transaction Is Made or Voided When Payment Is Made. 

2. We Require A Credit Card, Expiry Date, and Its Security Digit Code

3. Montgomery Auction Makes Every Effort to Determine Age, Genuineness, Condition, Value or Any Other Determinative Factor.  The Bidder Shall Not Be Entitled to Any Objection After the Sale on Any Grounds What-So-Ever.  The Bidder Agrees That They May Not Refuse to Pay for Purchases for Any Reason Whatsoever. 

4. As-Is /Where-Is:  Item Descriptions Can Be Used as A Guide.  Accuracy Cannot Be Guaranteed or Warranted. Montgomery Auction Services Ltd. Will Not Be Liable as A Result of Defects or Inaccuracies in The Description or Quantity or Quality.  Purchaser Agrees That All Lots Were Made Available for Inspection Prior To The Auction and It Is Only Their Responsibility to Inspect the Goods Prior To Bidding on Them

5. In All Cases Bidders Shall Be the Sole Judge of The Item and Its Value.

6. Max Bids:  We Strongly Recommend Entering Your Maximum Bid Amounts Early to Avoid Missing the Close of Sale. Your Maximum Bid Amounts Will Not Be Visible to Other Bidders and The System Will Place Your Bids on Your Behalf Only as Required to Keep You in The High Bid Position Up to Your Maximum.

7. All Bidders Are Encouraged to View the Items for Sale Prior To Bidding on Auction Day.

8. In No Event Shall Montgomery Auction Services Ltd. Or the Seller Be Held Responsible for Having Made or Implied Any Warranty of Merchantability or Fitness for a Particular Purpose.

9. The Buyer Hereby Agrees to Indemnify and Hold Montgomery Auction Services Ltd. And the Seller Free from Any and All Liability, Loss, Damages, And Other Expenses Arising from The Loading or Shipping Out of Equipment on The Buyer Behalf. 

10. Montgomery Auction Services Ltd Is Providing Live Internet Bidding And/Or Time On-Line Only Bidding as a Service to The Buyer and Seller.  The Bidder Agrees and Understands That This Service May or May Not Function Correctly on Day or Days of Auction.  Under No Circumstances Shall the Bidder Have Any Claim Against Montgomery Auction Services Ltd. or Anyone Else If the Internet Fails to Work Correctly Before or During the Live-Internet Auction And/Or Timed On-Line Auction.  Montgomery Auction Services Ltd Will Not Be Responsible for Any Missed Bids from Any Source.

11. Auction Is Subject Errors & Omissions, Additions & Deletions.

12. Terms:  Cash / Credit Card Up To $2000 when paying thru Bidspotter/ E-Transfer / Bank Transfer / All Payments Must Be In Canadian Funds. There Is A 15% Internet Fee.

13. All Items Must Be Removed Within the Allotted Timeline Unless Other Arrangements Have Been Made

AUCTION DISCLAIMER

1. NO REPRESENTATION OR WARRANTY. THE ASSETS (THE "PURCHASED ASSETS") ACQUIRED BY THE PURCHASER FROM AUREUS ENERGY SERVICES INC. ("AUREUS") ARE BEING ACQUIRED ON AN AS IS, WHERE IS BASIS. "AS IS, WHERE IS BASIS" MEANS THAT AUREUS DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, RELATING TO THE PURCHASED ASSETS, INCLUDING BUT NOT LIMITED TO, QUALITY, VALUE, DESIGN, OPERATING,CONDITION (INCLUDING, BUT NOT LIMITED TO,ABSENCE OF DEFECTS OR ENVIRONMENTAL CONTAMINATION OR OTHER ISSUES), DESCRIPTION, FITNESS, TITLE, SUITABILITY, SERVICEABILITY OR MERCHANTABILITY OF THE PURCHASED ASSETS.2. PURCHASER INVESTIGATIONS. THE PURCHASER ACKNOWLEDGES AND AGREES THAT: (I) IT IS THE PURCHASER'S SOLE RESPONSIBILITY TO CONDUCT ANY AND ALL INVESTIGATIONS AS IT MAY CONSIDER NECESSARY OR ADVISABLE WITH RESPECT TO THE PURCHASED ASSETS; (II) THE PURCHASER HAS CONDUCTED SUCH INVESTIGATIONS AS IT MAY CONSIDER NECESSARY OR ADVISABLE WITH RESPECT TO THE PURCHASED ASSETS, INCLUDING, BUT NOT LIMITED TO, WITH RESPECT TO QUALITY, VALUE, DESIGN, OPERATING,CONDITION (INCLUDING, BUT NOT LIMITED TO,ABSENCE OF DEFECTS OR ENVIRONMENTAL CONTAMINATION OR OTHER ISSUES), DESCRIPTION, FITNESS, TITLE, SUITABILITY, SERVICEABILITY OR MERCHANTABILITY OF THE PURCHASED ASSETS; AND (III) THE PURCHASER IS SATISFIED WITH THE RESULTS OF SUCH INVESTIGATIONS AND IS NOT RELYING ON ANY REPRESENTATION OR WARRANTY OF AUREUS WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, WITH RESPECT TO QUALITY, VALUE, DESIGN, OPERATING, CONDITION (INCLUDING, BUT NOT LIMITED TO, ABSENCE OF DEFECTS OR ENVIRONMENTAL CONTAMINATION OR OTHER ISSUES), DESCRIPTION, FITNESS, TITLE, SUITABILITY, SERVICEABILITY OR MERCHANTABILITY OF THE PURCHASED ASSETS.3. POSSIBLE CONTAMINATION. THE PURCHASER EXPLICITLY ACKNOWLEDGES AND AGREES THAT THE PURCHASED ASSETS MAY HAVE BEEN EXPOSED TO HARMFUL AND/OR DANGEROUS SUBSTANCES, CONTAMINANTS OR TOXINS, INCLUDING, BUT NOT LIMITED TO, HYDROGEN SULFIDE (H2S).4. ASSUMED OBLIGATIONS. UPON ACQUISITION OF THE PURCHASED ASSETS BY THE PURCHASER (THE "EFFECTIVE TIME"), THE PURCHASER SHALL: (I)ASSUME ANY AND ALL CLAIMS, LIABILITIES AND DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO ANY EVENT, ACT OR OCCURRENCE THAT TAKES PLACE AFTER THE EFFECTIVE TIME WITH RESPECT TO THE USE, POSSESSION OR OPERATION OF THE PURCHASED ASSETS; AND (II)SAVE AUREUS HARMLESS FROM ANY SUCH CLAIMS, LIABILITIES OR DAMAGES THAT MAY BE BROUGHT FORTH BY THIRD PARTIES AGAINST AUREUS.5. WAIVER OF CLAIMS. UPON ACQUISITION OF THE PURCHASED ASSETS BY THE PURCHASER, THE PURCHASER SHALL WAIVE ANY AND ALL CLAIMS WHATSOEVER AGAINST AUREUS IN RESPECT OF THE PURCHASED ASSETS, INCLUDING, BUT NOT LIMITED TO, WITH RESPECT TO ANY DAMAGE, INJURY, ILLNESS OR EVEN DEATH RESULTING FROM OR IN CONNECTION WITH THE USE, POSSESSION OR OPERATION OF THE PURCHASED ASSETSFOLLOWING THE EFFECTIVE TIME.