PREVIEW LOCATIONS: 589 Industrial Road, Youngstown, OH 44509. Buses are located at 4791 Woodridge Drive, Austintown, OH 44515 and can ONLY be previewed on Wednesday, November 6, 2024 from 2:00 to 4:00 pm The CAT grader is at another location and can be viewed by calling the auctioneer at 330-533-4071 to schedule. PLEASE DO NOT BID IF YOU ARE NOT ABLE TO PICK UP YOUR ITEMS during the scheduled removal times NO refunds or charge back's will be granted due to a lack of removal at the designated times. IMPORTANT NOTICE: A $10.00 fee will be charged for not scheduling an appointment or scheduling at wrong time and you may have to wait until scheduled customers are checked out. In an emergency or due to unforeseen circumstances, please call the office at 330-533-4071 for assistance at a minimum rate of $25.00. After the scheduled removal, items will be considered abandoned and you will be charged a removal fee of $30.00 for disposal of your items. By registering to bid or placing a bid you agree to be bound by all of these terms & conditions. Any announcements at sale time shall take precedence over any written statements in this auction. All Internet bidders agree that bids placed on the Internet shall have the same legal effect as if they were in attendance at the auction in person. The following auctioneers are licensed auctioneers by the Department of Agriculture in the state of Ohio: George Roman III, Ronald L. Roman, Christopher A Roman, George A. Roman Ohio Department of Agriculture Auctioneer Program 8995 E. Main St Reynoldsburg, OH 43068 Phone: (614) 728-6350 Email: auctioneer@agri.ohio.gov 1. All persons attending the auction, as well as successful bidders removing merchandise assume all risks of damage to person or property and specifically release and indemnify George Roman Auctioneers, Ltd., from any liability. 2. All property is sold “AS IS”, and ALL SALES ARE FINAL. Property is open to thorough public inspection. It is the Bidder’s responsibility to determine condition, age, genuineness, value or any other determinative factors. George Roman Auctioneers, Ltd. may attempt to describe the merchandise in advertising, on the Internet, and at the auction, but makes no representations as to any of these determining factors. In no event shall George Roman Auctioneers, Ltd. be held responsible for having made or implied any warranty of any type or use. Bidder shall be the sole judge of value. 3. All Internet Bidders agree to pay a buyer’s premium equal to Thirteen Percent (13%) of the hammer price of each item they purchase. If the hammer price of an item is $100.00 the buyer’s premium will be $13.00 for a total purchase price of $113.00. State sales tax law, if applicable, will be applied. 4. Bidders who bid from off site and are not present at the live auction or preview understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. It is the Bidder’s responsibility to determine condition, age, genuineness, value or any other determinative factors. George Roman Auctioneers, Ltd. shall endeavor to describe in detail each item and any pertinent information about it. George Roman Auctioneers, Ltd. will not be responsible for any errors or omissions in the description of the merchandise. Bidder agrees that everything is sold as is and that they may not return any item they purchase for any reason. 5. George Roman Auctioneers, Ltd. is providing Internet pre-auction and live bidding as a service to Bidder. Per the Auction Agreement with the seller, George Roman Auctioneers, Ltd. permits their employees, assignees, or an agent on the seller’s behalf, the right to bid at this auction, even if such bids are placed solely for the purpose of increasing the bid. We also acknowledge that it is the policy of George Roman Auctioneers, Ltd to treat all bids as if the bidder was simply another potential bidder. While Proxibid’s Unified User Agreement prohibits this behavior, in accordance with UCC 2-328, this auctioneer is permitted to engage in this activity by providing this clear disclosure to you, the bidder. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall Bidder have any kind of claim against George Roman Auctioneers, Ltd. or anyone else if the Internet service fails to work correctly before or during the live auction. George Roman Auctioneers, Ltd. will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should use the proxy-bidding feature and leave their maximum bid 24 hours before the auction begins. George Roman Auctioneers, Ltd. reserves the right to withdraw or re-catalog items in this auction. 6. The auctioneer shall advance the bidding at own discretion. George Roman Auctioneers, Ltd. may withdraw any item before or during the auction. The record of the auction by George Roman Auctioneers, Ltd. shall be conclusive. 7. When the auctioneer says “sold” Bidder assumes full responsibility for the merchandise. Everything MUST be paid for in full at the conclusion of the auction. Payment shall be made by VISA, MasterCard or Wire Transfer. Bidder further agrees that under no circumstances will he/she initiate a charge back on his/her credit card. Title to the merchandise transfers to Bidder only when Bidder’s payment has been honored. 8. Bidder agrees that this agreement shall be governed by the laws of the state of Ohio and hereby grants sole jurisdiction and agrees to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Ohio. Bidder agrees and grants that service of process on them may be obtained by mailing a certified letter, containing a summons, postage prepaid, to them at the address they provided to register. Should a dispute arise between George Roman Auctioneers, Ltd. and Bidder, Bidder waives any right to a trial or hearing in a court of law and agrees to settle the dispute through binding arbitration in Ohio. 9. George Roman Auctioneers, Ltd. may refuse a buyer’s number to anyone for any reason. Bidder agrees to provide any identification George Roman Auctioneers, Ltd. may request including but not limited to: drivers license, photocopies of credit cards, Social Security card or US Passport. Bidder agrees to comply with any stated additional terms or conditions associated with particular items. 10. All Titles and Registration Certificates (if stated that they are included with the item) will be mailed to the buyer within a reasonable time period following the auction, allowing for satisfactory collection of negotiable funds. State Law requires all titles to be filled in to the purchaser. 11. A receipt will be e-mailed to the buyer at the end of the sale. This receipt must be presented to authorized personnel before any item can be removed from auction site. 12. PICKUP OF ASSETS: Bidders are responsible for their own removal. Any item NOT picked up by the set time will be considered abandoned. Removal shall be at the expense, liability, and risk of the purchaser. Purchases will be released upon presentation of a paid email receipt. Please insure that movers or anyone picking up items on your behalf have your paid receipt at the pickup location no items will be released without a paid email receipt. Bidder further agrees to be held personally responsible for all purchases made on their bidder number, and agrees that bidder will not charge back items which are not picked up during the published removal times. Buyer authorizes George Roman Auctioneers to release buyer's assets to any individual in possession of the buyer's sales receipt. Bring help to remove items. We do not provide any help with removal of items. This is an ONLINE ONLY AUCTION PLEASE DO NOT BID IF YOU ARE NOT ABLE TO PICK UP YOUR ITEMS during the scheduled removal times NO refunds or charge back's will be granted due to a lack of removal at the designated times. After the scheduled removal, items will be considered abandoned and you will be charged a removal fee for disposal of your items. 13. STAGGERED CLOSING: The online auction closes 5 items per 1 minute intervals. 14. DYNAMIC CLOSING: The closing time of an item is automatically extended an additional 2 minutes whenever a bid is placed within the last 2 minute of the item's closing time. 15. Warranty and Condition: All items are sold 'AS IS, WHERE IS, with NO WARRANTY expressed or implied by the lot number affixed to the item. Descriptions are believed to be accurate but not guaranteed. When you are not certain of the condition or use of an item please bid accordingly. 16. Winning Bid Notification: You will be contacted by email ONLY (it is your responsibility for checking your email). If you do not receive a paid email invoice then you did not win any items at the online auction. 17. Failure to remove purchases: George Roman Auctioneers will have the option of reselling, removing, storing or abandoning, at the expense and risk of the buyer, items not paid for and/or removed within the specific time. The buyer agrees to pay all deficiencies, legal, collection; transportation and storage expenses associated with delinquent accounts or abandoned items. A $10.00 HANDLING FEE WILL BE CHARGED. 18. In the event of a bidder default and /or charge back bidder agrees that George Roman Auctioneers may collect payment for items, including cost associated with items to be relocated, discarded or stored, either by arbitration small claims court or state court at George Roman Auctioneers discretion, and that any judgments awarded may be applied to the bidder personally or corporately. 19. The auctioneer reserves the right to add or remove items from the auction. Split or combine lots. Add minimum bids or reserve prices. Cancel, suspend, extend or reschedule an individual item and or auction event. Make changes to the auction closing times or inspection or removal times. Rescind the sale of any or all items regardless of high bid upon auction conclusion. 20. CLAIMS: Any controversy or claim arising out of or relating to this contract and/or agreement, or breach thereof, shall be settled by means of arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. In the event of arbitration, judgments upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Venue in either case will be Mahoning County, Ohio. 21. LIABILITY: Auctioneers and Sellers liability shall be limited to the refund of bidders purchase price.