2020 Yale 7,000lbs Capacity LPG (Propane) Forklift sideshift positioner 3-STAGE MAST with Non

*** ONLY SHIPPING AVAILABLE FROM BUFFALO LOCATION - NO LOCAL PICKUP IN BUFFALO NY ***

Stronghold Equipment TERMS & CONDITIONS – FOR ALL AUCTIONS 

1. 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 and banking information. Subsequent to registration on Bidspotter, approval to bid is at our discretion. 

2. DEPOSITS: All Online Registrants will be required to submit the requested Information, including: Drivers License Number and valid credit card in order to be “Approved.” (a pre-authorization on your credit card of 10% of your requested bidding. Your credit card will not be billed and just preauthorized for 10% of your request or a minimum of $1000). NO EXCEPTIONS. OVERSEAS BUYERS must submit a refundable deposit of $5000 to be approved to bid, or have arrangements made with our office to be “Approved” to bid. 

3. PAYMENT: Invoices must be paid in full after Sale unless otherwise specified. A BUYER`S PREMIUM OF 16% WILL BE APPLIED TO INVOICE IN ADDITION TO THE SALES PRICE. Where required by law, ANY APPLICABLE SALES TAX WILL BE APPLIED TO ALL SALES UNLESS BUYER HAS PROPER EXEMPTION. Business and Personal checks may not be accepted without a letter of verification from your bank. CREDIT CARD payment (VISA or MASTERCARD ONLY) is accepted with an extra 3% premium. NO MERCHANDISE WILL BE RELEASED UNTIL INVOICE IS FULLY PAID. 

4. MANNER OF PAYMENT: Invoices will be emailed within 24 hours of the auction end date. If you are the successful bidder, your credit card will be charged as follows: for amounts less than $5000 the entire balance is due immediately unless otherwise specified by you, the successful bidder; for amounts greater than $5000-a 25% deposit is due immediately and the remaining balance is due within 48 hours either by Cash, Certified Check, bank draft, Visa, or MasterCard. Visa or Mastercard accepted for totals < $2000 USD. Wire transfer for all amounts greater than $2000 USD. The full purchase price on all lots sold to the same buyer must be paid within the time specified and prior to the removal of any goods. For wire transfers, please contact the Stronghold Equipment Co. for the pertinent information. 

5. REMOVAL: All purchases MUST be removed as herein listed: Small Items (Perishable Tools, Machine Parts & Accessories, Etc.) are to be REMOVED WITHIN 1 WEEK OF THE AUCTION. WE ASSUME NO RESPONSIBILITY FOR SMALL, CARRIABLE ITEMS LEFT ON PREMISES ONE DAY AFTER SALE. Standard Items (Machinery & Equipment) must be removed during announced removal period.

6. 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. For items with rigging fees, all pickups must be made by appointment. Please contact the in house rigging coordinator at 905-971-8265. Shipping will be quoted from Buffalo NY, or Stoney Creek, ON but pickup only in Stoney Creek, ON with these hours: 7am to 1:30pm EST Monday to Thursday and 7am to 9:30am on Fridays 

7. 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. Information was / has been provided from sources deemed reliable and Stronghold Equipment Co. makes no warranty or guarantee as to the accuracy of the information herein contained. No sale shall be set aside nor allowance made on account of any incorrectness, error in cataloging, or any imperfection not noted. DESCRIPTIONS AND PHOTO’S ARE NOT GUARANTEED. PLEASE MAKE YOURSELF AVAILABLE FOR THE OPEN INSPECTION PERIOD. It is the buyer’s responsibility to inspect before bidding. TO AVOID CONFUSION, PARTICIPANTS ARE BIDDING ON ITEMS LISTED IN THE LOT DESCRIPTIONS AND NOT ALL ITEMS SHOWN IN THE PHOTOGRAPHS. NO DEDUCTION ALLOWED ON DAMAGED ARTICLES, ALL ARTICLES BEING EXPOSED FOR PUBLIC EXHIBITION, AND SOLD "AS IS" 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. 

Disclaimer of Warranty; Due Diligence. The Good are being old "as is", and the Seller disclaims all warranties of quality, whether express or implied, including the warranties of merchantability and fitness for particular purpose. The Buyer acknowledges that it has not been induced by any statements or representations of any person with respect to the quality or condition of the Goods and that no such statements or representations have been made. The Buyer acknowledges that it has relied solely on the investigations, examinations, and inspections as the Buyer has chosen to make and that the Seller has afforded the Buyer the opportunity for full and complete investigations, examinations, and inspections.

Seller in no event shall be liable for any incidental, special or consequential damages of any nature, even if Seller has been advised of the possibility of such damages.

Seller does not warrant or in any represent that any of the products sold are compliant with any regulations or rules procured by any United States federal or state agency, including but not limited to, the Department of Energy (DOE), Federal Communication Commission (FCC), Federal Trade Commission (FTC), Environmental Protection Agency (EPA), or Occupational Safety and Health Administration (OSHA). Buyer agrees to hold harmless and indemnify Seller for any claims, personal injury, property damage, fines, or penalties associated with the Buyers use, resale, repair, or reconstruction of the Goods.

The Buyer does hereby release and forever discharge the Seller, its successors, administrators, assign, affiliates and related companies, and their directors, officers and employees (the "Released Parties") of and from all action, causes of action, damages, claims, cross claims and demands whatsoever, (including all damage, loss and injury not known or anticipated but which may arise in the future and all effects and consequences thereof), however and wherever arising, which the Seller had, now has, or which the Seller, its heirs, administrators and assigns or any of them hereafter can, shall or may have in respect to the purchase, use, or modification of the Goods.

8. SAFETY DEVICES: Articles purchased may not incorporate approved activating mechanisms, operating safety devices or safety guards, as required by OSHA, CCOHS or otherwise. It is purchaser`s responsibility that articles purchased be so equipped and safeguarded to meet OSHA and any other requirements before placing such articles into operation. 

9. 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 or provincial, 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. 

10. CLAIMS: NO CLAIMS WILL BE ALLOWED AFTER REMOVAL OF GOODS FROM PREMISES OR LEFT ON PREMISES PAST ALLOWED TIME LIMIT. 

11. 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. 

12. 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. 

13. 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 therefore. 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. 

14. CONTRACT MOVERS: Stronghold Equipment Co. will be the exclusive rigger for this sale. Charges will be incurred based on individual lots purchased. Please contact the rigging coordinator at 905-971-8265. 

15. 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. 

16. DISPUTE BETWEEN BIDDERS: The auctioneer`s decision shall be final and absolute. 

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. ADDITIONAL TERMS AND CONDITIONS: The auctioneer may add other terms and conditions of sale, such additional terms and conditions to be announced prior to the auction. 

20. RESERVE: The auctioneer reserves the right to reject any and all bids. On lots upon whichthere is a reserve, the auctioneer or his assigned agents, shall have the right to bid on behalf of the seller. 

21. By registering, you are agreeing to receive our fully cancellable newsletter.

22. As per our free shipping and loading to the lower 48 states in the US. FREE SHIPPING only applies to lots that specifially state "FREE SHIPPING" in the lot listing.  You can always contact Stronghold Equipment directly to confirm whether the free shipping applies to a speicifc lot.  The receiver must be able to unload the goods off of a truck at the destination location. If the destination is a rural delivery area based on regular trucking lines, there may be a delivery charge to get the machine to the location, OR we reserve the right to ship to a nearby terminal where the goods would have to be picked up at the buyer`s expense. There is no free shipping on oversize machines (eg. Mazak HTC400, Fadal 6030 VMC etc...)

23.  In the rare event of shipped goods being damaged during shipping, the proper process for insurance on the shipment will be taken.  These processes can take upwards of 120 days.  All shipped equipment will be insured,  but no claims will be paid out until the insurance claim is accepted and fully completed.  

24. 1% of Gross Auction Proceeds up to $2000 will be donated to FOLD OF HONOR (https://foldsofhonor.org/). Folds of Honor, since 2007, has provided life-changing scholarships to the spouses and children of America’s fallen or disabled military. And now, the mission expands to the families of America’s first responders. Those who protect our freedoms and our families will know they are not forgotten.