TERMS OF SALE NOTICE:
All bidders at this sale agree that they have read and have full knowledge
of these terms and agree to be bound
thereby.
1. IDENTIFICATION: All purchasers are required to register and give full
name, address and credit card
information.
2. PAYMENT: Invoices must be paid in full within 48 hours of the closing
date of the sale unless otherwise
specified. A BUYER`S PREMIUM of 18.00% ONLINE WILL BE APPLIED TO INVOICE
IN ADDITION TO THE SALES PRICE FOR CASH
AND CERTIFIED FUNDS PAYMENTS - THIS REFLECTS A 3% DISCOUNT. CREDIT CARD
AND NON CERTIFIED PAYMENT METHODS WILL BE
CHARGED AN 18%/21% BUYERS PREMIUM; SALES TAX OF 7.75 WILL APPLY TO ALL
PURCHASES UNLESS BUYERS HAVE PROPER
EXEMPTION. Business and Personal checks will not be accepted without a
letter of verification from your bank
similar to below. (Your Bank Name) unconditionally guarantees payment to
Heath Industrial from
(Your Company Name) up to the amount of __________. This guarantee will be
valid for purchases made at the
auction of (Auction Name) on (Auction date). NO MERCHANDISE WILL BE
RELEASED UNTIL INVOICE IS FULLY PAID.
3. REMOVAL: All purchases MUST be removed as herein listed: REMOVAL HOURS
STARTING Friday, June 28th thru Monday,
July 8th. NO WEEKEND OR HOLIDAY REMOVAL. Purchases may be removed only on
presentation of paid bill. Removal shall
be at the expense, risk and liability of the purchaser. Auctioneer shall
not be responsible for goods not removed
within the time allowed, but shall have the option to remove and store at
the expense and risk of the purchaser any
article purchased, but not paid for and removed within the time aforesaid.
Our supervisor will leave the facilities
on WEDNESDAY, JULY 3RD AT 4:00PM and all assets remaining at the facility
will be considered abandoned.
4. MANNER OF PAYMENT: All deposits and balances due shall be payable to
the order of HEATH INDUSTRIAL. All bills
must be paid to Heath Industrial. All payments must be made by Cashier`s
Check, Wire Transfer or Company Check with
Bank Letter of Guarantee. The full purchase price on all lots sold to the
same buyer must be paid in full within 48
hours of the auction closing date and before removal of any of the goods.
5. CONDITION OF ARTICLES SOLD: Neither the auctioneer nor the seller shall
be responsible for the correct
description, genuineness, authenticity of, or defect in any lot, and makes
no warranty in connection therewith. No
sale shall be set aside nor allowance made on account of any
incorrectness, error in cataloging, or any
imperfection not noted. ALL ARTICLES ARE EXPOSED FOR PUBLIC EXHIBITION &
INSPECTION, AND SOLD "AS IS", "WHERE IS"
AND WITH ALL FAULTS, AND WITHOUT RECOURSE. ARTICLES ARE NOT WARRANTED AS
MERCHANTABLE OR FIT FOR ANY PARTICULAR
PURPOSE, AND NO CLAIM MAY BE MADE BY PURCHASER RELATING TO THE CONDITION
OR USE OF ARTICLES PURCHASED OR FOR
PROXIMATE OR CONSEQUENTIAL DAMAGES ARISING THEREFROM.
6. SAFETY DEVICES: Articles purchased may not incorporate approved
activating mechanisms, operating safety devices
or safety guards, as required by OSHA or otherwise. It is purchaser`s
responsibility that articles purchased are so
equipped and safeguarded to meet OSHA and any other requirements before
placing such articles into operation.
7. INDEMNIFICATION: Purchaser shall defend and indemnify and hold
auctioneer 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.
8. CLAIMS: NO CLAIMS WILL BE ALLOWED AFTER REMOVAL OF GOODS FROM PREMISES
OR LEFT ON PREMISES PAST ALLOWED TIME
LIMIT.
9. RESPONSIBILITY FOR NON- DELIVERY: Neither the auctioneer nor the
seller, in any event, shall be liable for non-
delivery or for any other matter or thing, to any purchaser of any lot,
other than for the return to the purchaser
of the deposit or sum paid on said lot, should the purchaser be entitled
thereto.
10. COMPLIANCE WITH TERMS OF SALE: In default of payment of bills in full
within the time therein specified, the
auctioneer in addition to all other remedies allowed by law, may retain
all monies received as deposit or
otherwise, as liquidated damages. Lots not paid for and removed within the
time allowed herein may be resold at
public or private sale without further notice, and any deficiency,
together with all expenses and charges of resale
including legal fees, will be charged to the defaulting purchaser.
11. RISK TO PERSON AND PROPERTY: Persons attending during exhibition, sale
or removal of goods assume all risks of
damage of or loss to person and property and specifically release the
auctioneer and seller from liability thereof.
Neither the auctioneer nor his principal shall be liable by reason of any
defect in, or condition of, the premises
on which the sale is held. Bidder acknowledges that an auction site is a
potentially dangerous place with heavy
equipment being operated and electric circuits being live. Every person at
the auction site before, during and
after the auction sale shall be deemed to be there at their own risk with
notice of the condition of the premises,
the activities on the premises and the conduct of third parties and the
Bidder shall so advise his agents and
employees. No person shall have any claim against the Auctioneers, their
agents, employees or principals for any
injuries sustained nor for damages to or loss of property which may occur
from any cause whatsoever.
12. CONTRACT MOVERS: ALL EQUIPMENT TO BE LOADED BY CONTRACT MOVERS, whose
pricing for loading is listed on each
item.
13. ADDITION TO OR WITHDRAWAL FROM SALE: The auctioneer reserves the right
to withdraw from sale any of the
property listed or to sell at this sale property not listed, and also
reserves the right to group one or more lots
into one or more selling lots or to subdivide into two or more selling
lots. Whenever the best interest of the
seller will be served, the auctioneer reserves the right to sell all the
property listed, in bulk.
14. SALE BY ESTIMATED WEIGHT, COUNT OR MEASURE: When items are sold by
estimated weight, count or measure, the
purchaser will be billed for and required to pay for the estimated weight,
count or measure. If, upon delivery, any
shortage exists, the purchaser will receive a refund at the rate of
purchase. If there be an excess, the purchaser
will be required to take and pay for such excess, at the rate of purchase.
(See Paragraph 3 for time and Guarantee
Limitation.)
15. DISPUTE BETWEEN BIDDERS: If any dispute arises between two or more
bidders, the auctioneer may decide the same
or put the lot up for sale again, and resell to the highest bidder. The
auctioneer `s decision shall be final and
absolute.
16. RESERVE: The auctioneer reserves the right to reject any and all bids.
On lots upon which there is a reserve,
the auctioneer or his assigned agents, shall have the right to bid on
behalf of the seller.
17. RECORDS: The record of sale kept by the auctioneer and bookkeeper will
be taken as final in the event of any
dispute.
18. INDEPENDENT CONTRACTOR: The auctioneer is acting as an independent
contractor only and is not responsible for
the acts of its principals or sellers.
19. BREACH: Without limiting other remedies, we may limit your activity,
immediately remove your bids or Item
listings, warn our community of your actions, issue a warning, temporarily
suspend, indefinitely suspend or
terminate your membership and refuse to provide our services to you if:
(a) you breach this Agreement; (b) we are
unable to verify or authenticate any information you provide to us; or (c)
we believe that your actions may cause
financial loss or legal liability for you, our Users or us
20. ADDITIONAL TERMS AND CONDITIONS: The auctioneer may add other terms
and conditions of sale, such additional
terms and conditions to be posted prior to the auction.