Special Terms
"ONLINE AUCTION TERMS AND CONDITIONS OF SALE
INTRODUCTION: These terms and conditions apply to all online bidding at auction sales conducted by J.J. Kane Exchange, LLC (“Exchange”) or J.J. Kane Associates Inc. d/b/a “J.J. Kane Auctioneers” and “Ken Porter Auctions” (“Associates” and, together with Exchange, hereinafter called “Auctioneer”). By registering to participate in an Auctioneer auction sale, whether a timed internet auction or a live internet auction (a ""Sale"") via online bidding (“Online Bidding”), Bidder expressly agrees to these terms and conditions. The person or entity registering to bid or bidding in a Sale via the Online Bidding service is referred to herein as a “Bidder”, and a Bidder who is the highest accepted Bidder at a Sale is referred to herein as a “Purchaser”. In addition, use of Auctioneer’s Online Bidding service is at all times subject to the Site Terms and Conditions found at https://www.jjkane.com/info/site-terms-and-conditions/.
NO WARRANTY; AS-IS/WHERE-IS AUCTION SALES: ALL SUCCESSFULLY BID ITEMS PURCHASED AT A SALE (“AUCTION ITEMS”) ARE SOLD ON AN “AS-IS WHERE-IS” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE DESCRIPTION OF EACH AUCTION ITEM IS SOLELY FOR THE PURPOSE OF IDENTIFICATION AND DOES NOT CONSTITUTE A REPRESENTATION OR WARRANTY THAT THE AUCTION ITEM WILL CONFORM TO SUCH DESCRIPTION OR TO ANY CONDITION REFERRED TO THEREIN. NEITHER AUCTIONEER NOR THE AUCTION ITEM SELLER MAKES ANY WARRANTY THAT THE AUCTION ITEM WILL PROPERLY FUNCTION OR OPERATE WHEN REMOVED FROM THE AUCTION SITE NOR THAT IT WILL CONTINUE TO OPERATE OR FUNCTION FOR ANY PERIOD OF TIME AFTER SUCH REMOVAL.
INSPECTIONS: Neither Auctioneer nor the applicable Auction Item seller is responsible for any inspections prior to or after purchase of such Auction Item. Conditions provided by Auctioneer are solely for the purpose of reporting on the visible condition of the Auction Item’s major systems and attachments observed on the day of inspection and do not include road testing or load testing of mechanical condition. Purchaser acknowledges that conditions can change during the time between initial inspections, sale and time of removal. Purchaser is solely responsible for any inspection required with respect to equipment or vehicle Auction Items that have upper units or chassis (e.g., cranes, man lifts, buckets, diggers, construction equipment, trailers or vehicles of any type). Purchaser is solely responsible for ensuring that each Auction Item is given thorough inspections according to the manufacturer’s recommendations by only those persons who are able to detect and assess defects and potential hazards that could limit the safe performance of the Auction Item’s functions.
Payment Options: Check, Money Order, Wire Transfer or Credit Card
Payment Instructions:
BUYER'S FEE; ADMINISTRATIVE AND OTHER FEES; SALES TAX:
Payment Options: Check, Money Order, Wire Transfer or Credit Card
BUYER’S FEE: There will be a 12% buyer’s fee charged on all items sold. There will be a 15% buyer’s fee charged on all lots sold located in CA. (The Buyer’s Fee in CA is taxable).
All items except those located in CA:
• An administrative fee of $50.00 will be charged on all titled lots sold and a fee of $10.00 will be charged on all non-titled lots sold. Fees apply regardless of the purchaser exemptions or residence. Sales tax will be collected on non-titled items per state regulations, tax rate is determined by the physical location of the item(s).
Items located in CA:
• Buyers of items physically located in CA will be charged a $70.00 Doc fee and $25 administrative fee on each titled lot and $10.00 on each non-titled lot.
• On vehicles a $50 smog test fee, $8.25 smog certificate fee, $19.00 National Motor Vehicle Fee, Registration Fee, Transfer Fee, .65% License Fee and a Weight Fee.
• For each titled Auction Item sold in California, Purchasers who are California residents will be charged California sales tax and applicable fees at the time of purchase.
• Non Resident CA buyers will be charged California sales tax, but will be eligible for a refund of such sales tax after presenting Auctioneer with a signed bill of lading showing the Auction Item has been successfully removed from the state of California.
PAYMENT TERMS: Purchaser will be notified of its winning bid on the date of Sale. Invoices will be emailed to Purchaser no later than the end of the 1st business day following the date of Sale. Unless agreed to in writing by Auctioneer, Complete payment is required within 3 business days of the sale, in guaranteed funds: traveler's checks, money orders and/or bank certified checks. All major credit cards will be accepted, up to a $10,000 maximum charge per customer per sale with no service fee. International Buyers will need to wire transfer full payment directly from your bank to J.J. Kane Auctioneers bank account. No International checks will be accepted. Company and personal checks will be accepted. International Purchasers are required to wire transfer full payment directly from Purchaser’s banking institution to Auctioneer’s bank deposit account. International checks will not be accepted. International Purchasers are required to wire transfer full payment directly from Purchaser’s banking institution to Auctioneer’s bank deposit account. International checks will not be accepted. Should Purchaser fail to pay in full for all Auction Item(s) within 3 business days following the date of Sale, Purchaser shall remain fully responsible for the purchase price therefor and the buyer’s fee applicable thereto. In addition to all other rights of Auctioneer contained herein, if a default occurs and Purchaser has not made full payment by the 3rd business day following the date of Sale, Auctioneer may, in its sole discretion, elect to:
(a) charge a 2% late fee and, for so as long as the default continues to occur, all outstanding financial obligations shall bear interest at the interest rate of 2% per month (the “Default Interest Rate”). The Default Interest Rate shall apply from the date of the default through the time any judgment thereon is paid in full; or
(b) declare any Auction Item(s) for which full payment has not been received a “No Sale” and charge a 20% restocking fee with respect to each such Auction Item equal to the greater of (i) 20% of the applicable sale price for the Auction Item or (ii) $250.
If for any reason a court or arbitrator(s) deems the Default Interest Rate excessive or impermissible, the arbitrator(s) or judge shall impose the maximum default interest rate permitted and all other terms contained herein shall remain valid and enforceable. Purchaser acknowledges and agrees that Purchaser shall be responsible for any applicable towing, storage and restocking fees and all reasonable attorneys’ fees, court costs, default interest and other costs incurred by Auctioneer associated with the enforcement of this provision.
TITLE TO VEHICLES: With respect to each vehicle Auction Item for which Auctioneer has received payment in full, Auctioneer guarantees free and clear title to the vehicle Auction Item and Auctioneer shall use its best efforts in accordance with applicable law to obtain and convey to Purchaser title to such vehicle Auction Item; provided, however, that should a delay in the obtaining the title occur, Auctioneer shall in no way be responsible for any losses, damages, attorney’s fees, costs of any kind, interest, punitive damages or any other type of damages resulting from such delay and Auctioneer shall have no liability to Purchaser or any subsequent purchaser for any title delays for any reason whatsoever. Auctioneer may provide the name of the seller of any vehicle Auction Item sold hereunder upon request by Purchaser.
TITLE REQUEST FORM: Purchaser must complete a Title Request Form provided by Auctioneer in the name and address desired in order to receive an executed title within 3 days of the close of the timed auction sale. If a Title request form is not completed and returned by Purchaser within 3 days of the close of the timed auction sale, titles will be executed in the name and address of Purchaser that appear on Purchaser’s auction registration and invoice.
BIDDING: When Online Bidding, Bidder is entering into a binding contract. Bids cannot be removed for any reason after 8 a.m. Central Time on the close date of Sale. Should a Bidder become the winning Purchaser, such Purchaser will be contractually obligated to pay for and remove the Auction Item from the lot where such Auction Item is located in accordance with the paragraph entitled Removal of Auction Items; Shipping Instructions below.
FINANCING: All financing must be pre-approved prior to the auction sale. Altec Capital Services offers a quick and easy credit process, and flexible and affordable finance options. For more information dial (888) 408-8148 or email finance@altec.capital.com.
Currency Type: U.S. Dollars.
Removal of Auction Items; Shipping Instructions: Auction Items are located across the nation. Because each location has different hours of operation, all Auction Items must be removed by appointment and pickup must be scheduled at least 24 hours prior to Purchaser’s desired date of removal. All storage fees must be paid prior to removal. All Auction Items must be removed by Purchaser within 7 calendar days following the date of Sale, without exception, and Purchaser will be charged a storage fee of $25.00/day per Auction Item for any Auction Item remaining on site thereafter. A “paid in full” receipt must be presented by Purchaser for removal. Additional gate fees may apply at select Sale locations.
Preview Date & Times: Please contact Auctioneer for inspection times.
Location: Auction Item location is included in the description of the applicable lot.
Driving Directions:
ONLINE BIDDING: This Sale will feature online bidding powered by Proxibid, Inc. (“Proxibid”). All Bidders are required to register online with Proxibid at the following URL: https://www.proxibid.com. Bidders will be required to comply with all the terms and conditions of the auction sale, including the payment and removal procedures. For all specific internet bidding questions, please contact Proxibid at (877) 505-7770.
DIGGER DERRICKS AND AERIAL DEVICES: The following provision shall apply to digger derricks and any of the following vehicle-mounted aerial device Auction Items (hereinafter referred to as an “aerial device”): (a) extensible boom aerial devices; (b) aerial ladders; (c) articulating boom aerial devices; (d) vertical towers; and (e) a combination of any of the above, which vehicle may be a truck, a trailer, or an all-terrain vehicle. Purchaser hereby acknowledges that Auctioneer has provided Purchaser with the operations, maintenance and manufacturer’s manual(s) for the digger derrick or aerial device purchased by Purchaser; provided, that if the operations, maintenance and manufacturer’s manual is not available, Purchaser hereby acknowledges that Auctioneer has provided Purchaser with a list of manufacturers that Purchaser must contact to obtain such manual(s). Purchaser hereby acknowledges that Purchaser shall be responsible for notifying the digger derrick or aerial device manufacturer of the digger derrick or aerial device unit model and serial number along with the name and address of Purchaser, as the new owner, within sixty (60) days from the date of Sale. Upon completion of the Sale, Auctioneer will notify the prior owner of Purchaser’s name and location.
ATTENDANCE AT AUCTION SITE: Each person attending a Sale acknowledges that an auction site is a potentially dangerous place. Flammable, corrosive and pressurized substances will be present, heavy equipment is being operated and electric circuits may be live. Each person attending a Sale at an auction site before, during or after the Sale shall be deemed to be there at his or her own risk with notice of the condition of the premises, the activities on the premises and the conduct of third parties, and each Bidder shall notify such Bidder’s agents and employees of the foregoing. No person or entity shall have any claim against Auctioneer, its agents, employees or principals for any injuries sustained, or for any damages to or loss of property which may occur from any cause whatsoever at a Sale auction site.
ADDITIONAL TERMS: Auction Items may be added to the Sale. In an emergency situation, Auctioneer reserves the right to remove any Auction Item from the Sale. The information listed online or included in any Sale brochure is only a guideline and the accuracy of such information cannot be guaranteed.
COMMUNICATION; INFORMATION SHARING: Purchaser authorizes Auctioneer to (i) contact it via phone, email or text regarding company business and (ii) process and share information regarding the bidder with the original equipment manufacturer (“OEM”) of any Auction Item purchased hereunder and any of the OEM’s dealers or service providers in Purchaser’s geographic area. Auctioneer shall have no liability to Purchaser for the disclosure of any information regarding such Purchaser to the applicable OEM, its dealers, service providers or other representatives.
ASSUMPTION OF RISK; WAIVER; INDEMNITY; NO SALES: Purchaser assumes all liability whatsoever resulting from the possession, use or disposition of each Auction Item purchased at a Sale. Purchaser hereby releases, waives, discharges and covenants not to sue Auctioneer and each of its parent, subsidiaries and affiliates and each of their respective directors, officers, employees and other representatives (collectively, “Released Persons”) of and from any and all claims, liabilities, losses or damages that Purchaser may have or has ever had against any Released Person arising out of or relating to the Auction Items purchased at the Sale or use thereof, including without limitation, any liability or damage relating to injury to person or property. Purchaser hereby agrees to indemnify, defend and hold Auctioneer and its parent, subsidiaries and affiliates and each of their respective directors, officers, employees and other representatives (collectively, “Indemnified Persons”) harmless from any and all costs, expenses, damages and liabilities (including, without limitation, attorneys’ fees) incurred or sustained by, or imposed upon any Indemnified Person arising out of or relating to (i) the loading, transport, ownership, repair, maintenance (or lack thereof) and/or use of the Auction Items, and/or any property damage or bodily injury arising therefrom, or (ii) the enforcement of this indemnity by Auctioneer. In the event any Auction Item is deemed a “No Sale” by Auctioneer for any reason, Purchaser’s sole remedy shall be an adjustment to or refund of Purchaser’s invoice by an amount that shall in no event exceed the original purchase price of the adjusted lot and Auctioneer shall have no additional liability to Purchaser for any loss or damage arising from or relating to such “No Sale”.
GOVERNING LAW; JURISDICTION: ALL MATTERS ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF ALABAMA WITHOUT GIVING EFFECT TO ANY CHOICE OR CONFLICT OF LAW PROVISION OR RULE (WHETHER OF THE STATE OF ALABAMA OR ANY OTHER JURISDICTION) THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THOSE OF THE STATE OF ALABAMA. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY AGREES THAT IT WILL NOT COMMENCE ANY ACTION, LITIGATION, OR PROCEEDING OF ANY KIND WHATSOEVER AGAINST ANY OTHER PARTY IN ANY WAY ARISING FROM OR RELATING TO THESE TERMS AND CONDITIONS AND ALL CONTEMPLATED TRANSACTIONS IN ANY FORUM OTHER THAN THE US DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA OR THE COURTS OF THE STATE OF ALABAMA SITTING IN JEFFERSON COUNTY, ALABAMA. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY SUBMITS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS AND AGREES TO BRING ANY SUCH ACTION, LITIGATION, OR PROCEEDING ONLY IN THE US DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA OR THE COURTS OF THE STATE OF ALABAMA SITTING IN JEFFERSON COUNTY, ALABAMA. EACH PARTY AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION, LITIGATION, OR PROCEEDING IS CONCLUSIVE AND MAY BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW.
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