EQUIPNET AUCTIONS TERMS
TOTAL PURCHASE PRICE Payment is due upon successful bid(s).
EquipNet, Inc. (?EquipNet?, or? EquipNet, Inc?.) will
require a deposit prior to bidding of not less than $400.00
or twenty five percent (25%) of the Buyer's aggregate
PURCHASE PRICE estimate with the balance due upon successful
bid. This can be in the form of Visa or MasterCard.
EquipNet, Inc. may contact bidders requesting credit card
hold or wire transfer confirmation as a deposit. If no
deposit is received upon request EquipNet, Inc. reserves the
right to refuse or cancel Buyer's bids and re-sell Goods.
1. EquipNet charges a buyer's premium at the time of
sale, which is an additional charge above and beyond the
equipment bid. An 18% Buyers Premium will apply at this
sale. A 2% discount will be applied if payment is received
by Wire Transfer/ACH (confirmed) within 3 business days of
the close of the auction. Credit Card payments will be
accepted for balances below $10,000.00. Wire Transfers will
be required for balances exceeding $10,000.00.
2. All items unless otherwise stated are sold "AS IS,
WHERE IS, WITH ALL FAULTS." There are no warranties made by
EquipNet, Inc. or the Sellers(s) as to the merchantability
or fitness for any specific or particular use. Equipnet has
not created and will not create any express warranty to any
bidder as to the condition, performance or value of any of
the items, products or property being placed for sale that
bidders may rely on.
3. Final Auction Bid Acceptance and Payment: All
auction equipment is subject to internal redeployment,
cancellation of listing, or other sale prior to formal
acceptance of an auction bid by the seller. The formal
acceptance of an auction bid is not final until an invoice
has been sent, timely payment has been received in full, a
visual inspection of equipment satisfactory to EquipNet,
Inc. has been made prior to shipment release, and timely
shipment arrangements acceptable to EquipNet, Inc. have been
finalized. Only after the above conditions have been met
will a sale be final. Members should not rely on other
verbal or written forms of communication regarding bids.
Payment in full is due within 1 business day from the time
an auction invoice has been sent. If payment is not received
in full within 1 business day from the time an auction
invoice has been sent any and all bids made by the member
may, at the sole discretion of EquipNet, Inc. may be deemed
null and void and the transaction cancelled. If a member
fails to pay for their purchase, cancels their purchase
without just cause, or fails to remove their equipment as
required EquipNet reserves the right to cancel the purchase
and charge an administrative fee equal to 18% of the
accepted offer in addition to the 18% Buyers Premium. Also,
if payment is not received within 1 business day from the
time an auction invoice is sent EquipNet, Inc. reserves the
right to suspend or terminate a member?s account without
further notice. If a member fails to pay because funds were
returned or rejected, EquipNet, Inc. may charge a returned
check fee of $100.00 as well as other fees and premiums
mentioned above.
4. While the descriptions and information contained in
the advertised material for this sale are, to the best of
EquipNet, Inc. knowledge, believed to be correct. EquipNet,
Inc. and Seller(s) will not be responsible for any
deletions, discrepancies or inaccuracies. Any announcements
made at the auction or sale via electronic email or
otherwise will take precedence over any previous
announcements, advertisements or distributed material.
5. Taxes will be added to the purchase price of all
taxable items. Tax exempt buyers will need to present a
valid tax exemption certificate or supporting document,
otherwise their purchases will be subject to any applicable
taxes as governed by local, county, state or federal law.
Taxes can only be removed/refunded if the supporting
documentation is provided timely. Tax exemption certificates
or the supporting documents must be sent to EquipNet within
seven (7) days of invoice date.
6. The removal period for purchased items will be
posted on the website or announced via email or at the
auction or sale. Cost and responsibility of removal within
the removal period remains with the buyer. All items must
be removed within the specified removal period or shall be
deemed abandoned and resold by EquipNet, Inc. Positively no
refunds or credits for shortages or claims relating to items
won at auction will be considered after goods leave the
seller's or seller's agent's premises.
IN SOME INSTANCES THE SELLER IN IT?S SOLE DESCRETION MAY
ALLOW SELECT RIGGER / VENDORS ONTO THE SITE TO CONDUCT
REMOVAL/RIGGING SERVICES AND AS SUCH BUYER UNDERSTANDS AND
AGREES THAT AS A PART OF THE TERMS OF THIS AUCTION THAT ANY
COMPANY RETAINED BY THE BUYER FOR EQUIPMENT PICK-UP /
REMOVAL WILL NEED TO BE APPROVED BY THE SELLER AND WILL BE
REQURED TO PROVIDE THE APPROPRIATE DOCUMENTATION & INSURANCE
COVERAGE POLICIES AND FURTHER AGREES TO THE FOLLOWING
INDEMNIFICATION:

EQUIPMENT PICK-UP & REMOVAL INDEMNIFICATION: To the MAXIMUM
extent permitted by law, BUYER and/or BUYERS AGENT AS
UNDERSIGNED indemnifies, defends and holds EQUIPNET INC.
and the SELLER and all its affiliates harmless against any
and all claims for liability and damage, including, but not
limited to, reasonable attorney's fees arising out of any
claim for personal injury, sickness, and, or, death to any
persons and for any property damage caused by the
transportation, and, or, the transfer of purchased equipment
from or within the facility or to the dock including but not
limited to the transfer of purchased material to the BUYERS
vehicle including any or all vehicles of any company
including but not limited to any rigging or transportation
companies acting to transport BUYERS purchases whether or
not such claims are based in part on the active or passive
negligence or participation in the wrong or an alleged
breach of a statutory duty or obligation on the part of
EQUIPNET INC. and the SELLER. This indemnification is
inclusive of residual or hazardous chemicals or other
hazardous material on or in the purchased items, whether or
not due to the negligence of EQUIPNET INC. and the SELLER or
any affiliate, during the commencement of the dismantling or
load out or other work by BUYER and /or any company
including but not limited to any rigging or transportation
companies employed by the BUYER to act as agent to transport
for the BUYER. The word "persons" as used herein, shall be
construed to imply both the plural and the singular, as the
case may demand, and shall include corporations, companies,
associations, societies and municipal corporations as well
as individuals. BUYER AND BUYER?S AGENTS are solely
responsible for safely rigging and securing all loads to
their vehicles and, or, vehicles they designate to remove
the equipment and or machinery from the premises. Any
vehicle that is deemed to be unsafe in the sole discretion
of EQUIPNET INC. and the SELLER will be denied access to the
facility / Dock.
Bidder understands and agrees that load out services are not
applicable to all auctions; further, if load outs are
applicable as relating to any specific auction, load outs
will ONLY include loading onto a single standard vehicle or
flatbed and will NOT include loading to a container or
multiple load outs to several vehicles unless arrangements
have been agreed to prior to the event with EquipNet or the
Seller.
As a part of the terms and conditions of the auction, and in
consideration of receiving permission to enter on the
premises Bidder hereby releases, waives all claims, assumes
all risk, indemnifies and forever discharges Seller and
Equipnet and its subsidiaries, officers, employees, agents,
directors, servants, affiliated organizations and licensees
from every and all claims that may result from my being
within the perimeter of this facility.Bidder assumes the
inherent and extraordinary risk involved in the activities
associated with attending the auction inspection and auction
event, and expressly assumes the risk of and accept full
responsibility for any and all injuries (including death,
and paralysis) and accidents that may occur as a result
being on the premises.

7. In making a bid the buyer agrees to comply with the
terms and conditions as herein stated or additional terms as
made or distributed via email or at the sale or auction.
Failure of the buyer to comply with the terms and conditions
will be treated as a breach and if applicable the deposit as
made will be retained. Further, EquipNet, Inc. may resell
any purchased item publicly or privately with the liability
for any deficiencies and cost incurred to affect the sale
remaining with the buyer.
8. EquipNet, Inc. reserves the right to combine single
items into lots, add or delete items prior to offering the
item individually. Bids, which in the opinion of EquipNet,
Inc. are not commensurate with the value of the item
offered, may be rejected. Where the Seller has a reserve on
any item(s) EquipNet, Inc. shall have the right to bid the
same on behalf of the Seller(s). All Online and Webcast
auction sales are with reserve unless the goods are in
explicit terms put up without reserve. In an auction with
reserve EquipNet, Inc. may withdraw the goods at any time
until the announced completion of the sale. EquipNet, Inc.
reserves the rights to include assets from more than a
single seller to be sold throughout the sale.
9. EquipNet, Inc. or Seller(s) shall not be held liable
for any claims with respect to environmental problems
arising out of hazardous materials which may be contained in
items sold. Certain pieces of equipment may contain
residual chemicals or elements. It is the Buyers
responsibility to safely secure the purchased item in
compliance with all applicable governmental safety standards
in using, selling and transporting purchased items.
10. It is the responsibility of the buyer to obtain
proper licenses where required for the export of any items
that are considered controlled commodities; restricted from
export outside of the United States without proper export
licenses.
11. Select items are subject to prior sale, redeployment
or transfer. All bidders are advised to inspect each item
individually or as a lot during the preview period prior to
bidding. Buyers understand that inspection may be limited to
website postings, images and descriptions.
12. All parties interested in bidding will be required
to register prior to the sale or auction. A valid drivers
license or other acceptable form of photo ID may be required
at the time of registration.
13. Additional terms and conditions as posted on
Internet Bidding site may supersede those listed above and
such announcements may be made at the time of the sale or
auction.
EquipNet Inc, (?EquipNet?) provides a service (the
"Services") that matches buyers with sellers of used
equipment (the "Equipment"). As a result of its limited
role, EquipNet has no control over the quality,
compatibility, safety or legality of the Equipment offered
for sale. These specific Auction Terms will become a part
of and incorporated into the EquipNet, Inc. General Terms of
Service, the current version of which can be found at
www.equipnet.com (the ?General Terms?). Accordingly, the
term ?Agreement? as used in the General Terms shall mean the
General Terms plus these specific Auction Terms. All
capitalized terms used and not defined in this Addendum will
have the meanings given to them in the General Terms.