Special Terms
- All items are sold AS-IS, WHERE-IS, WITH OUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED. Items are NOT inspected and any descriptive information provided, such as Runs & Moves, is to the best of our knowledge and should not be construed as a guarantee that the item is fully functional. 100% accuracy of the information provided is not guaranteed. No statement at all indicates that the item has not or could not be tested and the buyer should beware.
- A valid photo I.D. issued by a local, state or federal agency will be required to complete all transactions.
- We are open Monday through Friday from 8:00 am to 5:00 p.m. for you to visually inspect our inventory but some items may not be available until sale day.
- Vehicles and equipment will only be demonstrated by our personnel on sale day just prior to being sold.
- Items left on the auction grounds are at your own risk. T.M.A. is not responsible for damaged or stolen items. Waiting for your check to clear does NOT change this as your method of payment is your choice not ours.
- Storage fees of $10 per day per item will begin the third Monday (two weeks) after the auction. We need the space to set up our next auction so please do not use us for storage.
- In most cases we can provide assistance with loading free of charge as a courtesy. We will do this only with the understanding that we will not be held liable for any damages which may occur.
Purchaser hereby acknowledges that Tampa Machinery Auction, Inc. (hereafter referred to as “Company”) is merely selling the property for a commission; represents and warrants that said property has been examined, inspected and approved, by the purchaser or his or its agent; that said property is as represented; accepts same as is and with full knowledge of its condition at the time of sale; agrees that the Company shall not be responsible or liable for any inducement, promise, representation, agreement, condition, or stipulation not specifically set forth herein in writing; agrees that title to said property, remains in and is retained by the Company in collecting or attempting to collect the debt created hereby, including a reasonable attorney’s fee if placed in the hands of an attorney for collection; waives his rights to claim exemptions as to personal property including salaries and wages, under the Constitution and law of Florida and any and all other states of the United States; and agrees that the Company shall not be responsible in any way for any property left on the Company’s premises. Purchaser agrees to assume complete and total responsibility for any loss or damage to the above described property and will not hold the Company liable on account of loss or damage to the above described property due to theft, vandalism, loading or unloading the above described property or property near said property; or any act of God such as flood, storm, or fire.
Purchaser agrees to defend, indemnify and hold harmless Tampa Machinery Auction, Consignee, and its agents, employees, servants and staff from and against all claims, liens, demands, obligations, actions, causes of action, claims of subrogation, damages, costs and expenses, and all claims of any nature, including but not limited to property damage, medical claims, personal injuries, death claims, wage loss claims, product liability claims, consequential damage claims, whether foreseen or unforeseen, to which said Consignee may be subject on account of or arising out of or flowing out of the above described property to include but not limited to the delivery, holding, storing, previewing, repairing, moving, starting, driving, loading, unloading and auctioning of the property described in referenced invoice(s).
FOR AND IN CONSIDERATION OF the use of Tampa Machinery Auction, Inc.’s property and services in the auction and collection of monies for selling the described property and other good and valuable consideration, receipt of which is hereby acknowledged, I/we, being of lawful age, having legal authority to enter into the release agreement, for myself/ourselves, my/our employees, agents, servants, executors, administers and assigns, hereby release, acquit and forever discharge the Tampa Machinery Auction, its agents, servants, employees and directors from past, present and future actions, causes of action, claims, demands, damages, costs, loss of services, expenses, compensation, third party action suits at law or in equity, including claims or suits for contribution and/or indemnity, of whatever nature, of whatever type, and all consequential damage on account of, or in any way growing out of, known and unknown property damage, bodily or personal injuries, death, resulting from the delivery, holding, storing, previewing, repairing, moving, starting, driving, loading, unloading, selling and auctioning of any property.
 Seller: Florida State F.W.C. 1985 MAKC 16){kind=link}