*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 FEE /
PREMIUM of 15.00% 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 A 18% BUYERS
PREMIUM; SALES TAX MAY 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). zzzz NO
MERCHANDISE WILL BE RELEASED
UNTIL
INVOICE IS FULLY PAID.
3. REMOVAL: All purchases MUST
be removed as herein listed:
REMOVAL HOURS STARTING
THURSDAY, FEBRUARY 16TH -
FRIDAY, FEBRUARY 24TH, 9 AM -
4PM. 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
FRIDAY, FEBRUARY 24TH 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.