TCM Forklift FCG2.5TTT Three Stage Mast With Side Shifter 189” x 4500 Lbs. Stock 12268

Terms of Sale Agreement: 

1. Cash and Wire Transfers will be accepted for payment. Payment must clear before items can be removed. We will accept Credit Cards. A 4% fee will be applied to all Credit Card Payments. The auctioneer can debit your selected card if no alternative payment method is agreed. No items will be removed until payment has cleared. No Exceptions.

2. While descriptions are believed to be correct, the seller’s agent or the owners make no warranties or guarantees expressed or implied, as to the genuineness, authenticity of, or defect in any lot and will not be held responsible for advertising discrepancies or inaccuracies. All Items are sold AS IS, WHERE IS and with all faults. No warranties are made as to the merchantability of any items or their fitness for any purpose.

3. Purchaser hereby agrees to defend, indemnify and hold harmless Seller its directors, officers, employees and other agents and representatives from and against any and all liabilities, judgments, claims, settlements, losses, damages, penalties, obligations and expenses, including attorney`s fees and expenses and other professional fees and expenses, incurred or suffered by such person arising from, by reason of, or in connection with any loss, damage or injury to person or property arising from, by reason of or in connection with the Goods sold hereunder. This indemnification shall survive delivery of the Goods to Purchaser and any subsequent sale or other transfer of the Goods to a third party.

4. It is the buyers’ responsibility to secure all safety equipment to meet all applicable government safety standards in using or removing items purchased.

5. Sales Tax will be added to the purchase of all taxable items. To be tax exempt you must provide, Missouri sales or use tax exemption certificate form 149. If sales tax is not collected at the time of sale and is deemed “needed to be paid” at a later date, buyer agrees to pay all required taxes.

6. Purchaser does hereby indemnify and hold harmless auctioneer and seller from any and all damages, claims or liabilities from injuries to persons or property of any type whatsoever caused during the sale or by the removal of items purchased.

7. Sellers agent and Seller shall have no liability to the purchaser due to non-delivery of any item for any reason other than to return to the Purchaser the monies deposited for non-delivered items.

8. In the event the purchaser fails to pay the whole of the purchase within the time set forth by the auctioneers and/or fails to comply with any of the conditions or terms of sale, the seller may retain and/or recover the deposit specified as liquidated damages and, in addition thereto, items that are not paid for can be resold at public or private sale without further notice. Any deficiency resulting from such resale shall be paid to the auctioneers by the defaulting purchaser together with all charges, fees, and expenses incurred by such resale and enforcement of the obligation hereunder.

9. The Bidder becomes solely responsible for all items purchased by him immediately following his winning bid at the auction. Therefore, he is advised to further guard and insure his items at his own discretion.

10. No item can, on any account, be removed before buyer receives payment in full. Removal shall be at the expense, risk and liability of the purchaser. Auctioneers shall not be responsible for items not removed within the time allowed. If equipment is not removed within specified removal time, purchaser shall be liable for any moving and storage costs incurred and, if not so removed, the items shall be deemed abandoned.

11. If any shortage exists on estimated counts, an adjustment will be made if claims are made at time of removal. No adjustment will be allowed after items are removed from the premises.

12. If any dispute arises between two or more bidders, the sellers’ agent may or may not put the lot up again at once, and resell. 

13. The sellers’ agent, when acting as agent only, is not responsible for acts of its principals.

14. A 18% Buyers premium will be applied to all sales in Addition to Applicable Local and State Sales Tax. 

15. By accepting a sale listing catalog and signing this form the buyer agrees to these terms and any announced terms at the sale.

16. You will receive a winner notification from BidSpotter regarding your purchases.

17. Seller reserves the right to accept or reject any and all bids.

18. All Bills must be completed on Day of Sale unless arrangements are made with Auction House prior to bidding.

19. Full Payment at Termination of Sale.

20. Loading and Palletizing Fees will be added to your purchase. Prices can be found in the item description. 

21. We strongly encourage all bidders to inspect items prior to the sale. 

22. Inspection by appointment only. Call John Kwapich to schedule an appointment or with any questions 1-314-398-7414 or email jkwapich1@gmail.com. 

23. If payment is not received within Twenty-Four (24) Hours after the close of the auction, a 2% late fee will be added to your invoice.

24. If your invoice is not paid in full within Twenty-Four (24) Hours we reserve the right to charge your credit card for the full amount due.

25. You have two (2) weeks to remove your items.