SKIDSTEER, 2012 CASE TV380, EROPS, TRACKED, EXT HYD, RIDE CONTROL

AUCTION SALE TERMS AND CONDITIONS 1.1stStrike Asset Management, hereinafter 1stStrike, is conducting this sale for Property Owner, hereinafter Consignor. All sales made shall be governed by the terms and conditions set forth herein. 2. Buyer, on behalf of themselves and their successors, assignees and vendees, hereby relinquishes, releases and waives, all claims whatsoever against 1stStrike, Consignors and their respective agents, servants, and independent contractors arising out of or relating to the material purchased, its condition, use, operation, transportation, or resale including, but not limited to: claims based on negligence, warranty, contract, or strict or absolute liability. Buyer shall examine the material for possible hazards and for compliance with applicable federal and state laws and regulations to determine if the material is hazardous or otherwise constrained. Buyer shall correct such hazards and defects prior to use or resale. 3. All material is sold "as is, where is", without warranty or guarantee of any kind. Material is defined as any lot, item, or any portion thereof. Consignor and 1stStrike expressly disclaim all warranties including, without limitation: quality, condition, merchantability, age, model, fitness for any purpose, product recall, patent infringement, or condition of the premises on which material is located. 4. Any description of material, including but not limited to: odometer, mileage, hour meter appearing in any advertisement, catalog, inventory or other document provided to Buyer by Consignor is believed to be correct. However, any such description and any statement, whether oral or written, made by any person concerning any item is not necessarily accurate and shall not be construed as a warranty, expressed or implied. Buyer's failure to inspect the material or to satisfy themselves as to its condition, quantity, location, or the accuracy of the description will not constitute grounds for any claim for damages or adjustments or for cancellation of purchases. 5. The total purchase price, together with all applicable taxes (which Buyer will bear unless exempt therefrom) shall be paid by Buyer no later than June 16, 2024 in the form of cash, cashier's check, money order, bank transfer, or credit card with a 3.4% fee. All cashier's checks shall be made payable to "1stStrike Asset Management". No material can be removed until total payment is received, or good funds are verified by 1stStrike. 6. Title shall pass to Buyer upon receipt by 1stStrike of the total purchase price. Risk of loss or damage shall pass to Buyer on the day of sale. Titles lost by Buyer which require 1stStrike to acquire a new title will incur a non-negotiable $200 title processing service charge in addition to any associated DMV fees. 7. All material must be removed from the auction site premises on or before June 22, 2024. Removal time is of the essence. A non-refundable storage fee of $100 per day, per lot will be charged to Buyer for all remaining surplus, beginning 12:01 am, June 23, 2024. 1stStrike reserves the right to cancel all sales and reclaim title to any and all surplus materials remaining on the premises after 12:01 am, June 23, 2024. Buyer agrees to hold Consignor and 1stStrike harmless from all loss or damage sustained as a result of Buyer's failure to pay for or remove the material or for any other failure to perform their obligations hereunder. All expenses of storage, resale, and disposal shall be borne by Buyer. In the event of such cancellation and resale, Payments made by Buyer on account of the purchase price may be applied against expenses of storage or resale and against further damages sustained by Consignor or 1stStrike. If payment is not adequate to cover expenses, buyer remains responsible for any disposal or resale fees 8. Buyer shall be deemed to have inspected the premises and to be familiar with all conditions relative to removal of material. 9. The Auctioneer shall designate Buyer after each lot item is auctioned. If a dispute arises between two or more bidders, the Auctioneer shall have the right to reopen the bidding. His designation of a Buyer shall be final. 10. The Auctioneer reserves the right to group lots, make lots smaller or add or delete material at Auctioneer's sole discretion, and to offer lots individually and/or as a group. Auctioneer reserves the right not to accept or acknowledge any bid exceeding the previous bid by an amount less than the increase called for by the Auctioneer in the course of bidding. 11. Neither Buyer's rights nor Buyer's obligations shall be assigned in whole or in part without prior written approval of 1stStrike. 12. Buyer agrees to pay and satisfy all claims for labor and materials employed or used by him in connection with or arising out of their purchase of auction lots, to permit no liens of any kind to be fixed upon or against Consignor or 1stStrike's property by their laborers, mechanics, or suppliers and to indemnify, protect and save Consignor and 1ststrike harmless from and against all such claims and liens. If any lien claim remains unsatisfied at the time delivery is to be made to Buyer, Consignor may, at their discretion and without prejudice to any other rights or remedies, cancel the sale and/or retain possession of material until the lien has been discharged. 13. Buyer assumes all risks incident to being on Consignor's or 1stStrike's premises (whether owned or leased) and/or incident to this sale or the material sold. 14. Buyer agrees to defend, indemnify and save harmless Consignor and 1stStrike from and against any and all claims, demands, actions, costs, expenses, judgments and liabilities of every kind related to the material purchased, or the inspection, loading, removal, transportation, dismantling, destruction, handling, resale, operation or condition of same, or any defects in such material, (whether or not such defects existed prior to Buyer's purchase) regardless of whether any fault or negligence of Consignor, 1stStrike, or their respective agents, employees, or representatives, is a contributing cause thereof. 15. Buyer shall comply, and secure compliance by their contractors, agents, employees and representatives with all applicable "law", as hereinafter defined, in connection, with the purchase, loading removal and transportation of material. As used herein, "law" means “statutes, ordinances, rules, regulations, or stipulations of federal, state, and local governments, their agents or any other agencies having jurisdiction”. Buyer shall defend, indemnify and hold harmless Consignor and 1stStrike from and against any liabilities and penalties which may be imposed on them by reason of any alleged violation of law by Buyer or their contractors, agents, employees or representatives. 16. Buyer agrees to obtain Consignor's approval prior to making publicity releases of announcements regarding Buyer's activities or participation in connection with this sale. Use of Consignor's name or any variant thereof without the prior written approval of consignor is prohibited. 17. Buyer shall carry out this transaction in a good, businesslike, and efficient manner. 18. All rights and remedies of Consignors and 1stStrike described herein are cumulative. Nothing contained herein shall in any way limit other consistent rights or remedies. 19. This transaction and the terms and conditions hereof shall be construed in accordance with and governed by the laws of the State of Alaska. 20. This agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof, and cancels and supersedes all prior negotiations, representation or agreements, whether written or oral. No changes, alterations or notifications to the agreement shall be effective unless in writing and signed by both parties hereto. 21. 1stStrike's premises is an active work area, and all persons entering the premises do so at their own risk. 1stStrike assumes no responsibility for property loss or damage, nor for personal injury occurring from any cause. Possible hazards to be aware of include but are not limited to: moving equipment, sharp edges, fall hazards, pinch points, pressurized tanks, slick surfaces, flammable substances, corrosive substances, shock hazards, and other environmental hazards. Children are permitted on the Auctioneer's premises when accompanied by an adult. Should children be found unattended, the entire party will be asked to leave. All bidders and Buyers agree by their participation in this public outcry auction sale and acknowledge by their signature on the bid registration card to be bound, without exception, by all foregoing terms and conditions of sale.