Special Terms
1. “As Is” Sale. Disclaimer of Warranties. All items sell “AS IS-WHERE IS”, with all faults and with no guarantees or warranties of any type, expressed or implied, including, without limitation, those as to the merchantability or fitness for a particular use or purpose. I agree that these terms, as well as all other terms set forth below, can be amended or revised only in writing, signed by the Auctioneer. I also agree that any oral representation made by the Auctioneer shall not modify these terms. I understand that any description given in the catalog or written on the equipment is not guaranteed, and I will rely entirely on my own inspection. I understand that I am encouraged to perform due diligence and assess the condition of the equipment to my satisfaction before bidding. I am responsible for thoroughly inspecting equipment prior to bidding in order to verify its condition, specifications, and suitability for my intended use before placing a bid, and that I am welcome to arrange for inspections at Auctioneer’s facility prior to the auction. I understand that no adjustments or cancellations will be made after the sale due to discrepancies with displayed hours or other conditions. All information and descriptions, including displayed hours, contained in advertising this sale are believed correct, but no responsibility is assumed by Auctioneer for any errors or omissions. The term 'displayed hours' refers to the hours shown on the hour meter of the equipment at the time of the auction. Auctioneer does not guarantee the accuracy of the displayed hours. Hour meters may have been replaced, tampered with, or may not reflect the true usage of the equipment. I understand that the hours displayed on the equipment are provided for informational purposes only and are not guaranteed to represent actual operating hours. I understand that equipment listed with 'displayed hours' means the hours shown on the meter are noted, but there is no warranty or verification that these hours are accurate or complete. I also acknowledge that the actual hours of use may be higher, lower, or otherwise different from the displayed hours.
2. Risk of Loss. Items purchased by me become my responsibility and I assume all risk of loss or damage beginning immediately upon declaration of “SOLD” by the Auctioneer and it shall be my responsibility to inspect and insure my purchases. The Auctioneer shall not be responsible for any loss or damage to any lot or item so purchased by me thereafter.
3. Injury. All persons who attend an auction do so at their own risk, and neither the owner nor the Auctioneer assume any liability for accidents which may occur. I agree to indemnify and hold the Auctioneer harmless from and against all claims, losses, expenses, damage or liability (including, but not limited to, reasonable attorney fees), directly or indirectly caused by or resulting from any action or omission of my agents, contractors or employees.
4. Bidding Rules. Once the Auctioneer declares “SOLD” and an item has been declared sold to me, I cannot retract my bid and I will be required to carry through with the purchase, including, without limitation, paying the full purchase price therefor and picking up my item immediately after the auction. I agree that the seller, any lien holder, or Auctioneer, either personally, through the Auctioneer, or through any other person or entity, shall have the right to bid on behalf of the seller, or on their own behalf.
5. Payment Prior to Delivery or Transfer of Title. For any item for which I am the highest bidder, I agree that I will pay all amounts owed in full with cash or verified or certified funds within the time announced or posted at the auction site. Such amounts shall include the high bidding price plus the Buyer’s Premium (the “Purchase Price”). If I pay the Purchase Price by wire transfer, my purchase will be released to me upon confirmation of the wire transfer. If I pay the Purchase Price by company or personal check, I understand that ownership transfers upon declaration of “SOLD” by the Auctioneer, but I will not be permitted to remove my purchased item until the funds are verified paid or I have an approval in writing from the Auctioneer. Any check returned for insufficient funds shall incur a service fee of $50.00, as well as result in the breach of the terms of this Contract for failure to make payment as required hereby, in which case, Auctioneer shall have all rights and remedies provided herein, in equity and at law.
6. Auctioneer’s Right to Terminate Purchase. If, for any reason, Auctioneer is unable to deliver my purchase to me, or deliver such purchases free and clear of liens, I agree that Auctioneer may terminate the purchase and this Contract, in which case Auctioneer’s only liability shall be the return of any monies actually paid by me via check.
7. Removal and Failure to Remove. All my purchases shall be removed from the auction site without damaging any property within 30 days of the purchase. All costs, liability, damage, responsibility and risk of such removal shall be borne solely by me and, in every case, I will use prudence and care in such removal and I will not hold or attempt to hold Auctioneer responsible for any losses, expenses, damages, liability, claims or causes of action incurred by me or any other party in connection with or in relation to such removal. If, for any reason, I fail to remove any of my purchases within the time specified, the Auctioneer shall have the right, but not the obligation, in its sole discretion, to resell, remove and store, or discard such purchased item(s) at my sole risk and expense, without waiving any rights that Auctioneer or seller may have against me. I shall be liable for all storage charges and damages incurred by the Auctioneer because of my failure to remove my purchases. In addition, I acknowledge, understand and agree that the Auctioneer will assess storage charges for any items not removed within 30 days of the purchase at a daily rate of $20.00 per item per day, and I agree to pay any fees assessed in full within three (3) days after such charges are assessed. Auctioneer has the option to sell my purchase at auction, with proceeds payable to me less all applicable storage fees and less a 30% consignment commission. I agree that such actions by the Auctioneer are fair and reasonable.
8. Breach of Contract. If I fail to complete the purchase of any item and pay the full Purchase Price therefor pursuant to these terms and conditions, I agree that such failure on my part shall be a material breach of this Contract and any money paid as partial payment for amounts due by me hereunder shall be first applied against Auctioneer and/or the Auction Company’s damages, including storage charges, before payment of the Purchase Price of any purchased item(s). If I fail to pay the Purchase Price for any item in full, within five (5) days after the date of the sale or the date in which I remove the purchased item from the auction site, whichever is earlier, I agree that I will have breached the terms and conditions herein and shall immediately relinquish and release any claim of title or ownership I may have in the purchased item and Auctioneer may keep and store the item in its dominion and control and such item(s) will be resold by public or private sale without further notice, at my risk and expense. Further, in the event of such breach, I agree that, as liquidated damages, to pay to the Auctioneer the difference between my high bidding price and the high bidding price at such future sale plus any charges, costs or expenses arising from such resale. I agree to indemnify and hold Auctioneer harmless from all loss, cost, expense and other damage (including reasonable attorney’s fees), directly or indirectly sustained by the Auctioneer or other seller, arising from or related to my or my agent’s failure to comply with these terms of bidding and sale or other breach of the terms of this Contract. I shall not be entitled to any portion of the amount received by the Auctioneer in the event of a resale in which an item is sold for more than my successful bid. If, in the Auction Company or the Auctioneer’s reasonable discretion, I breach any of the terms and conditions in this Contract, the Auction Company or the Auctioneer shall have the right to prevent me from participating, directly or indirectly, in any future auction or sale, whether public or private.
9. Refund or Return Policy. All sales are final. The Auction Company and the Auctioneer shall not be obligated to accept any returns or issue any refunds in any circumstance. However, in the event that either the Auction Company or the Auctioneer agree to accept a return or grant a refund, I agree that the total amounts refunded to me will not exceed an amount equal to the Purchase Price minus the Buyer’s Premium, and will be issued in the form of credits usable for future purchases at McGrew Equipment.
10. Governing Law; Consent to Suit in Pennsylvania. In the event of legal proceedings arising from this Contract or from the auction in connection therewith, I consent to being subject to the personal jurisdiction of the courts of the Commonwealth of Pennsylvania and agree that the proper venue shall be the Court of Common Pleas of York County, Pennsylvania (or in the event the sale takes place in a different county, in the Court of Common Pleas of said county). This Contract and the terms and conditions herein shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.
11. Notice of Video and Audio Recording. I understand that the Auction Company is using both video and audio recording equipment to document the auction. I understand that these recordings can be used in any legal proceedings or issues arising from this Contract or from the auction in connection therewith.
12. Additional Terms in Catalog and As Announced. I agree to abide by all of these terms, AS WELL AS THOSE WRITTEN IN THE AUCTION CATALOG, ON THE SALES INVOICE OR OTHER PRINTED MATERIALS USED BY AUCTIONEER IN THE SALE PROCESS. Additional terms and conditions may be announced by the Auctioneer from the floor at the auction, which become part of this Contract.
DO NOT BID UNTIL YOU HAVE READ ALL OF THE BIDDING TERMS SET FORTH ABOVE. DO NOT BID UNLESS YOU AGREE TO ALL OF THE TERMS ABOVE.
