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1)All Bidders and attendees of this auction sale agree that
they have read and fully understand the Terms and Conditions of this auction sale. Westbrook Asset Mangement and seller make no warranties as to descriptions or usefulness of the items purchased. The Buyer accepts all faults and that all items are bought As Is with all faults and no Warranties of Marketability or Use.
2)IDENTIFICATION: All participants are required to register
prior to becoming an Approved Bidder. All Participants
are required to give full name; permanent street address
(P.O. Boxes will NOT be accepted or approved); phone
number(s); email address, valid credit card and business
name. Subsequent to registration on Bidspotter, approval to bid is at our discretion. Purchases may be removed only on presentation of paid bill. Removal shall be at the expense, risk and liability of the purchaser. Westbrook Asset Management shall not be responsible for goods not removed within the time allowed.
3)PAYMENT: Each Buyer is required to make full payment
within 48-hours of the close of the auction in U.S. funds in cash, cashiers check, wire transfer, certified funds, credit / debit cards (Visa, Mastercard or American Express) accepted for payments not to exceed $2,000.00. A 3% fee will be charged for all credit / debit card payments or
company check with your banks letter of guarantee to
Westbrook Asset Management, for the full amount of the bid price
plus buyers premium and any applicable sales taxes prior
to the removal of any lots purchased.
4)A BUYERS PREMIUM WILL BE CHARGED AT THIS SALE: The
buyers premium rate for this auction sale will be Eighteen
Percent (18%).
5)SAFETY DEVICES: Articles purchased may not incorporate
approved activating mechanisms, operating safety devices or
safety guards, as required by OSHA or otherwise. It is
purchasers responsibility that articles purchased be so
equipped and safeguarded to meet OSHA and any other
requirements before placing such articles into operation
6)INDEMNIFICATION: Purchaser shall defend and indemnify and hold Westbrook Asset Management 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.
7)CONDITION OF ARTICLES SOLD: AS-IS, WHERE-IS, with all
faults and without recourse. ALL SALES ARE FINAL! Bidder
acknowledges they have had the OPPORTUNITY TO INSPECT the
item(s) prior to the sale and hereby releases Westbrook Asset Management and seller from any and all responsibility with
respect to description or condition of the item(s) being
offered at this auction.
8)ADDITION TO OR WITHDRAWAL FROM SALE: Westbrook Asset Managment and seller reserve the right to withdraw from the sale any property listed and also add property not listed to this sale. Westbrook Asset Management may group lots or subdivide lots in order to benefit the seller. Westbrook Asset Management reserves the right to sell the property listed in bulk, or to alter the order of sale. All items are subject to prior sale.
9)CLAIMS: No claim of any nature against Westbrook Asset Management or seller will be allowed after removal of the
assets from the premises, including but not limited to any
claims for personal injury, property damage, or for
incidental or consequential damages.
10)RESPONSIBILITY FOR NON-DELIVERY: Westbrook Asset Management
and seller are not liable, in any event, for the non-
delivery to a buyer of any lot purchased. The buyers sole
remedy in the event of non-delivery shall be a return of the buyers payment. Westbrook Asset Mangement and seller shall
not be responsible for any other damages of any kind.
11)RISK TO PERSON AND PROPERTY: Persons responsible for
removal of goods assume all risks of damage of or loss to
person and property and specifically release Westbrook Asset Management and seller from liability therefore. Neither
Westbrook Asset Management nor the seller shall be liable by
reason of any defect in or condition of the premises on
which the sale is held.
12)CONTRACT MOVERS: If purchaser wishes to hire or contract with a machinery mover, rigger or other type of outside contractor, proof of PROPER INSURANCE must be forwarded to Westbrook Asset Management protecting Westbrook Asset Management and the people or company that Westbrook Asset Management are conducting the sale for against any or all claims arising from personal injury and/or property damage created by their actions. This requirement is for Westbrook Asset Mangements protection - NOT FOR THE PURCHASERS therefore Westbrook Asset Management suggests that the purchaser review the insurance policies of the machinery mover regarding the coverage that they have protecting the purchaser and damage or loss of the
equipment they may be moving for the purchaser.
13)ADDITIONAL TERMS AND CONDITIONS: Westbrook Asset Management
may add other terms and conditions of sale, such additional
terms and conditions to be announced prior to the auction.
14)RESERVE: Westbrook Asset Management reserves the right to
reject any and all bids. On lots upon which there is a
reserve, Westbrook Asset Management, shall have the right to bid
on behalf of the seller.
15)CONSENT TO SUIT IN MICHIGAN: The buyer acknowledges that
this agreement shall be interpreted in accordance with the
laws of the State of Michigan, and shall bind and inure to
the benefit of the parties hereto, their respective heirs,
executors, administrators, successors and assigns. The
exclusive venue for any controversy or claim between the
parties will be Macomb County, Michigan.