2000 FAIRCHILD DORNIER 328 JET TO INCLUDE: EXTERIOR FUSELAGE PANELS (FORWARD, MID, AND AFT)...

SALE TERMS and CONDITIONS
(IF YOU DO NOT AGREE OR UNDERSTAND THE TERMS AND CONDITIONS OF THE SALE, THEN DO NOT PARTICIPATE IN THIS AUCTION.)
 

ALL SALES ARE FINAL 

1. Buyer (identified below) acknowledges that s/he has conducted a thorough inspection of the merchandise being purchased hereunder. All merchandise is sold in an “AS-IS, WHERE-IS, and AS INSPECTED” condition WITH ANY AND ALL FAULTS. The Seller (identified below) makes no warranties or guarantees, expressed or implied, as to the genuineness, authenticity or merchantability of, or defect in any item, and will not be held responsible for any discrepancies or inaccuracies in any printed materials, photographs, or otherwise. No warranties are made as to the merchantability of any item or its fitness for any purpose. 

2. Payment must be made by Buyer to Seller the day of sale and prior to any removal of any item purchased hereunder by cash, wire transfer, or bank check. If paying by wire transfer the buyer has 24 hours to complete the transaction. After 24 hours a daily penalty of $250 will be added to the sale amount. Any wire transfer payment not received within one (1) day of the sale date constitutes a breach of this contract. 

3. Applicable state/local sales tax will be added to all purchases. Exempt Buyers must provide a copy of their sales tax exempt certificate to the Seller at the time of purchase. Seller will retain this copy of the certificate for the sales records. Buyers unable to provide a copy of this tax-exempt certificate to Seller at the time of purchase must pay all applicable taxes and seek refunds through appropriate government agencies. Seller will not provide a tax refund.

 4. Ownership title passes to Buyer upon the execution of this agreement and Seller's receipt of the payment referred to in Section 2 hereof, and thereafter the property is at the risk of the Buyer, and the Seller shall not be responsible for the loss or damage due to theft, fire, breakage, or any cause whatsoever, however occasioned.

 5. Removal of the item purchased hereunder shall be at the sole expense, liability and risk of the Buyer. Removal must be completed during the dates and times listed at the bottom of these terms and conditions. Buyer is responsible for providing all labor, material, insurance (general liability for injury to person and damage to property in an amount not less than $1,000,000 for each occurrence) and equipment (fork lifts, dollies, ladders, tools etc) to properly execute removal and Buyer shall comply with all applicable laws and regulations related thereto. Before entry into the Building for removal by Buyer its agents, employees or contractors, Buyer shall provide Seller with a Certificate of Insurance indicating the insurance coverage required by the preceding sentence and which shall provide that Seller be provided with thirty (30) days written notice prior to cancellation of such policy. Buyer is solely responsible to provide any personnel, equipment or material needed to pick up purchases and shall assume all responsibility for the removal of any item of property purchased at the sale and any and all risks associated with such removal including, without limitations, the responsibility for providing licensed and bonded professionals to ensure proper water, gas and/or power disconnections, and full financial responsibility for any damage or liability to persons or property resulting from any negligent act or omission of Buyer or any of Buyer's employees, agents and/or contractors during pick-up and removal. Buyer and its agents and contractors shall not unreasonably interfere with Seller's business operations in the Building. Buyer agrees that in the event purchased items contain any environmental hazards, toxic waste or other type of hazardous material in any form whatsoever, Buyer shall provide to Seller evidence reasonably acceptable to Seller that Buyer or its representatives are licensed for such removal and shall comply with all applicable local, state and/or federal rules, laws and regulations. Seller, its agents or representatives will not be responsible for containment, storage or removal of hazardous material. Buyer must remove all purchased items. 

6. Seller shall not be responsible for non-availability of purchased items to any Buyer of any item other than to refund the sum paid on any item, should Buyer be entitled to said refund due to Seller error. 

7. The Seller reserves the right to withdraw any listed item from the sale, to sell items that are not listed, to group one or more items into one, to subdivide items and to sell any/all items in bulk. In instances where items with the same description are lotted separately, the same photograph(s) may be used to represent multiple lots, and therefore such photograph(s) may not be representative of the actual item to be sold in that lot.

8. In the event the Buyer fails to comply with any of the terms and conditions of the sale, the Seller may collect from Buyer damages. Buyer agrees to pay any and all charges and expenses incurred by reason of any breach of the terms and conditions of this sale, including, without limitations, reasonable attorneys' fees and reasonable attorneys' fees on appeal. Any merchandise remaining at the removal site after the allotted removal period will be considered a breach of contract. All rights to merchandise will be forfeited, all monies, including any Letter of Credit, will be retained by Seller and merchandise will be re-sold or otherwise immediately disposed of at Buyer’s expense and Buyer shall not be entitled to any funds associated with the sale of such merchandise. Buyer will lose any right, title and interest Buyer may have acquired and the merchandise shall revert and repossess to the Seller without further notice to Buyer. Any disputes between the Buyer and the Seller must be filed and litigated in the state of Illinois, without regard to choice of law provisions, and each party irrevocably submits to the jurisdiction of the Illinois courts in any such action, suit or proceeding. The validity, meaning and effect of this agreement shall be determined in accordance with the laws of the State of Illinois. In the event any action, proceeding or hearing is required to enforce any of the terms of this agreement, the prevailing party shall be entitled to recover its costs and expenses incurred therein, including reasonable attorneys' fees and reasonable attorneys' fees on appeal.

 9. These written terms and conditions of sale supersede any other terms and conditions, either written or verbal and cannot be modified. The terms of this agreement are for the benefit of Seller and Buyer and no third party shall have any rights hereunder. 

10. Buyer shall not permit any liens to stand against the Building or any property related thereto or any portion thereof for any work done in the removal. Without limiting the foregoing, Buyer shall, at its sole expense and within ten (10) days after receipt of written notice from Seller, cause any outstanding lien to be satisfied and released of record or transferred to bond in accordance with applicable law.

 11. Buyer shall indemnify and hold Seller harmless from and against any and all loss, damage, liability or claims (including, without limitation, costs and expenses of litigation and reasonable attorney's fees [collectively "Claims"]) arising from or connected with this agreement, except to the extent such Claims are due to Seller's gross negligence or willful misconduct. Buyer 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. 

12. If, for any reason whatsoever, Seller is unable to provide possession to Buyer of any purchase or clear title to the same, or any necessary documentation required in respect of any purchase, whether before or after Buyer's possession of such purchase, Seller’s sole liability, if any, shall be the return of any monies paid on such purchase upon its return to Seller. Any purchase the subject of this paragraph shall be returned or surrendered to the Seller forthwith upon demand, such demand to be at the sole option of the Seller. 

13. You are signing a written, binding contract signifying that you have read these terms and all posted terms and agree to the terms and conditions of the sale. IF YOU DO NOT AGREE OR UNDERSTAND THE TERMS AND CONDITIONS OF THE SALE, THEN DO NOT PARTICIPATE IN THIS AUCTION. The sales invoice identifies the merchandise being sold to Buyer and the date by which such merchandise must be removed.