AUCTION TERMS & CONDITIONS PICK UP LOCATION: 301 W 3rd St. Sterling, IL 61081 PICK UP DATES: Pick Up Dates: October 6, 7, 8, 10, 11 (M-F 9A-5P, Sat. 10-12) – Call Auction House 815-535-6054 - CALL FOR SHIPPING! **** UPS AND FREIGHT SHIPPING AVAILABLE FOR THIS AUCTION! ***** - Buyer pays shipping preparation fee ($50 per hour, billed in 1/4hr, plus actual cost of shipping and insurance (optional). Auction house is not responsible for shipping damage! - After the pick up period ends a fee $5 per lot/per day storage fee applies. Items not picked up within 15 days will be forefeited and resold without refund. - Heavy equipment and vehicle pick up by appointment only! Please call or e-mail auction house. 1. REGISTRATION: (PLEASE REGISTER EARLY!!!) All bidders must register for the sale by providing current, complete and accurate information. Bidders are required to provide full name of contact person, full name of business, entity, complete address, phone number and email address. Bidders are also required to provide a valid drivers license or state ID number. It is the registrant’s responsibility to ask for clarification of any terms and conditions not clearly understood, MCW, at its sole discretion, may deny registration to any person or entity. All bidders and buyers must be 18 years of age or older to participate in this timed online sale. 2. PAYMENT TERMS: Payment is due within 3 business days of the end of the sale. Payment may be paid by cash, cashier’s check, wire transfer, or company check. A $25.00 fee shall be assessed to Buyer for all returned checks. b. Payment is due in full upon receipt of invoice. If payment is not received within 72 hours of the conclusion of the auction, Buyer’s invoice will be voided, and all items will be forfeited with NO REFUND of deposit or payment. All legal fees, collection fees (to an amount no greater than 1/3rd of the purchased amount and chargeable by MCW) and any other charges arising from nonpayment will be paid by the Buyer. c. All methods of payment shall be made payable to 'MIDWEST COMMERCIAL WHOLESALE'. d. Wire-transfer instructions will be sent to the winning bidder in their invoice. e. No purchases may be removed until complete settlement is made with cleared funds. Buyer is responsible for the complete removal of Buyer’s purchase(s). f. Each buyer shall be responsible for payment of any city, county and/or state sales tax that may apply. Illinois buyers will be charged 6.75% Sales Tax. g. Buyer is entirely responsible for any customs or duty issues and/or payments. h. Non-payment bidders will be flagged and reported to collection agency. i. An 18% Buyer Premium shall be charged for online sales. 3. CONDITIONS OF SALE: All items up for auction will be sold to the highest bidder in accordance with the Auctioneer’s Customary Terms of Sale. a. If an item shall become non-deliverable for any reason, MCW shall not, in any event, be liable for non-delivery, or for any other matter or thing, to any Buyer of any lot, other than for the return to the Buyer of monies actually paid to MCW for said lot, should the Buyer be entitled thereto. b. MCW expressly reserves the right to determine the manner of conducting the auction and to sell items by individual or group lots, as it may deem appropriate. c. The Auctioneer and Seller disclaim all warranties, expressed or implied, about the merchantability of the items and their fitness for a particular purpose. d. MCW assumes no liability for error, omissions, accurate weights or measures, additions and/or deletions in this brochure or auction/lot book and all assets are Sold “As Is, Where Is.” Items offered may or may not be sold as described and/or photographed in this brochure. e. All sales are made “As Is, Where Is” and Buyer acknowledges having inspected the property and to be satisfied with same prior to bidding. f. All sales are FINAL. g. Midwest Commercial Wholesale shall not be responsible for any property or bodily damages, howsoever caused, arising from the pickup or transport of the property, and all risks relating thereto are fully assumed by Buyer to the complete exoneration of MCW. Buyer/rigger waives any and all claim it may have for any damages, including actual and punitive, whether caused by negligence, willful misconduct or otherwise, and assumes all risk related to the removal of its purchases. h. Buyer will comply with all United States of America Export Administration Regulations, the Export Administration Act or any order, license, License Exception, or other authorization issued there under. i. For all lots sold as scrap, weight will be estimated until actual weight is determined during checkout. Once actual weight is confirmed, Buyer will pay the balance due, if any, or Buyer will be issued a refund, if due. j. THE BUYER does hereby assume and does agree to indemnify and hold the Auctioneer and Seller harmless from any future claim, which shall pertain to the fitness or use of that asset as being purchased. PLEASE READ: At the request of the auction company, this auction permits bids to be placed by the auctioneer, an employee of the auctioneer, or the seller or an agent on the seller's behalf. While Proxibid's Unified User Agreement prohibits this behavior, in accordance with UCC 2-328, this auction is permitted to engage in this activity by providing this clear disclosure to you, the bidder.