ALLIS CHALMERS 3 PHASE 125HP 1770RPM 405T FRAME A/C MOTOR P/N 1-5122-54467-4-2 1008# LBS (THIS LOT I

Auction Terms and Conditions:

By registering for our auction, you acknowledge that you have read, agree to, and accept the “Terms and Conditions” as outlined herein and agree to be bound thereby. Your acknowledgement and acceptance are legally binding whether you register directly from GEARSauctioneers.com or through a third-party site and/or application (i.e. Bidspotter.com, or other). If you do not understand the “Terms and Conditions”, please contact GEARSauctioneers.com for further clarification prior to registering for the auction. If you do not understand the “Terms and Conditions” please do not register for or participate in our auction, as you are bound by the terms regardless of having read them in full or understood them in part or in their entirety.

The seller reserves the right to accept or reject any and/or all bids. An eighteen percent (18%) Buyer’s Premium applies to all sales and will be added to all winning bids on the invoice and will result in the total purchase price (pre-tax, if applicable). All items are subject to prior sale or transfer or may be withdrawn at any time prior to the finalization of any transaction related to this auction.

DEPOSITS: A deposit is required to register and participate in the auction. A $500 Pre-authorization “HOLD” is required for registration.

1. All items in this auction are sold “AS IS” and without guarantees or warranties. While descriptions are believed to be correct, neither the seller's agent and/or the owners make any warranties or guarantees expressed or implied, as to the genuineness, authenticity of, condition of or defect in any lot and will not be held responsible for advertising discrepancies or inaccuracies. Everything is sold "AS IS" and "WHERE IS" except as expressly made in writing by the auctioneer. No warranties are made as to the merchantability of any items or their fitness for any purpose. The bidder/potential buyer are perosonally responsible for inspecting items prior to particpating in the auction to better assess their condition, part or model numbers, or obtain additional information. The auctioneer has provided an inspection opportunity for this purpose. 

2. This is a reserve price auction, NOT an absolute auction. Therefore, all items are sold with reserve or pending seller confirmation or approval.

3. This is an Internet-only Auction, which means the highest bid online when the bidding closes on any item, will be considered the winning bid, providing that the reserve price has been achieved and/or the seller has confirmed or approved the high bid price. If the reserve price has not been achieved, the seller may at their discretion choose to disclose the reserve price or present a counteroffer to the high bidder for acceptance or refusal.

4. Once an invoice has been generated for the sale of auction items, payment must be made to the auctioneer by close of the next business day. Payments must be made in the form of wire transfer or direct deposit. No checks or in person payments are accepted.

5. All items must be removed within 48 hours of the conclusion of the auction or as otherwise agreed upon by GEARSauctioneers.com in writing. A paid invoice must be presented at the time of pickup. Buyers may not pick up or attempt to pick up any purchases without a paid invoice. Pickup times or details will be clearly outlined in the auction listing. If weights and dimensions are not provided in the auction listing, they will be provided post auction in order to arrange transportation. Thereafter, the buyer may pick up by appointment or send a Bill of Lading and packing list and arrange their own LTL transportation. Auctioneer is not responsible for transportation arrangements.

6. 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.

7. Sales Tax will be added to the purchase of all taxable items. Dealers who purchase for resale must file their resale permit numbers and/or privilege use or tax license numbers. Sales tax will be charged in accordance with state and federal law unless the buyer or dealer provides proof of current and verifiable tax exemption status. If sales tax is not collected at the time of sale and is deemed needed to be paid at a later date, the buyer agrees to pay all required taxes. EVEN IF YOU HAVE PROVIDED THE AUCTIONEER WITH A SALES TAX EXEMPTION CERTIFICATE IN PREVIOUS AUCTIONS, A NEW CERTIFICATE MUST BE PROVIDED FOR THIS AUCTION. 

8. 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.

9. 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.

10. The Bidder becomes solely responsible for all items purchased by him immediately following his winning bid at/through the auction sale, regardless of whether an invoice has been generated. Therefore, he is advised to further guard and insure his items at his own discretion.

11. Technology Disclaimer: Auctioneer does not warrant that the functions, features or content contained in/on the website, including any third-party software, products or other materials used in connection with the website, will be timely, secure, uninterrupted or error-free, or that defects will be corrected.

12. The seller's agent, when acting as agent only, is not responsible for acts of its principals.

13. Some or all items may have minimums or reserves. Therefore, bidder acknowledges they have been informed that Auctioneer may bid at the auction for its own account or on behalf of a third party or the seller. Unless advertised otherwise, it is assumed that all lots or items presented for sale and sold in the auction are sold with reserve or pending seller confirmation and acceptance.

14. Please do not enter a bid at a price that is greater than you are comfortable paying for any individual item based on its condition. There will be no adjustments to the final bid price after the bidding closes.

15. GEARSauctioneers.com reserves the right to remove any item from the auction prior to invoices being generated.

16. REMOVAL DETAILS: All items must be removed no later than 3 weeks after auction close. There is a removal fee assigned to each lot you buy, therefore please read each lot listing and auction listing to identify these fees, as they are the responsibility of the buyer.  This fee covers the loading of any truck you send in.  This fee also covers buyers with multiple lots to have their items consolidated if you wish and banded and wrapped for safe travel via LTL .  Weights and dimensions will be given to buyers so buyers can arrange their own freight.   Your Buyer Invoice will include additional removal details as well as the contact information for the on-site removal supervisor. Contact us via email to arrange transportation: shipping@GEARSauctioneers.com 

If for any reason GEARSauctioneers.com is unable to deliver any goods purchased by the buyer, GEARSauctioneers.com sole liability shall be to return all sums paid by Buyer to GEARSauctioneers.com in respect of such goods. If a technology malfunction, such as a localized internet outage, Bidspotter, Proxibid or other application outage, etc. materially affects the outcome of a selling event or auction, GEARSauctioneers.com reserves the right to withdraw or adjust the auction within 72 hours following the original selling event or auction close time.

In the event of a loss of the goods prior to when risk of loss passes to a buyer, SELLER’S SOLE LIABILITY TO BUYER FOR SUCH LOSS SHALL BE TO RETURN BUYERS PAYMENTS TO THE EXCLUSION OF ALL OTHER REMEDIES. IN NO EVENT SHALL SELLER BE LIABLE TO BUYER FOR ANY OTHER DAMAGES INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, STATUTORY, PUNITIVE OR EXEMPLARY DAMAGES, LOSS OF PROPERTY, PERSONAL INJURY, AND LOSS OF PROFIT OR OTHER ECONOMIC LOSS, REGARDLESS OF THE NATURE OF THE CLAIM OR THEORY OF RECOVERY.

Neither GEARSauctioneers.com nor the seller(s) makes any warranties or representations of any kind of nature with respect to the property or its value, and in no event shall they be responsible for correctness of description, genuineness, attribution, provenance, authenticity, authorship, completeness, condition of the property or estimate of its value. No statement (oral or written) in the catalog, during inspection, or elsewhere shall be deemed such a warranty or representation, or any assumption of responsibility. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY ARE EXPRESSLY DISCLAIMED.

THE GOODS ARE BEING SOLD “AS IS” AND “WHERE IS.” Seller represents and warrants only that (i) Seller has the legal right to sell the Goods; and (ii) the Goods are free and clear of all mortgages, liens, pledges, security interests, taxes, charges, claims, restrictions and other encumbrances. SELLER MAKES NO OTHER WARRANTY OF ANY KIND, INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SELLER MAKES NO REPRESENTATIONS REGARDING THE CONDITION OF THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO WHETHER THE EQUIPMENT IS COMPLETE, IS IN WORKING ORDER, OR MAY BE REPAIRED TO WORKING ORDER.

By registering for and/or participating in this auction, either intentionally or accidentally, you are bound to all Terms and Conditions outlined above or herein.