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.
PLEASE READ: This auction company has requested and been granted access to see all bids placed including any maximum pre-bids. This auction is permitted to engage in this activity by providing this clear disclosure to you, the bidder.
Special Terms
Terms and Conditions
1. IDENTIFICATION: All participants are required to register prior to becoming an Approved Bidder. All Participants are required to give full name; permanent street address; phone number(s); email address, valid credit card information and business name.
Subsequent to registration on ProxiBid approval to bid is at our discretion.
2. DEPOSITS: INTERNATIONAL BUYERS may be asked to submit a refundable deposit.
3. PAYMENT: Invoices must be paid in full after the auction unless otherwise specified. And NO Merchandise will be released until invoice is paid in full. A BUYER`S PREMIUM OF 12.5% WILL BE APPLIED TO EACH INVOICE IN ADDITION TO THE SALES PRICE. Any payments made with a credit card will be charged an additional 3.5% fee.
Where required by law, any applicable sales tax will be applied to all sales UNLESS BUYER HAS PROPER EXEMPTION.
4. MANNER OF PAYMENT: Invoices will be emailed within 6 hours of the close of the auction. If you are a successful bidder, payment can be made at removal by Cash or Company Check. Wire Transfer information is located on your invoice. Payments using American Express, Discover, MasterCard, or Visa are made through our office for an additional 3.5%.
The full purchase price on all lots sold to the same buyer must be paid within the time specified and prior to the removal of any goods. All checks for deposit and balances due shall be payable to the order of Nicodemus Auction Company.
5. REMOVAL: All purchases MUST be removed during the announced or publicized removal period. YOU HAVE 5 DAYS TO REMOVE ITEMS FROM PREMISES. A FEE WILL APPLY FOR PURCHASES NOT REMOVED.
6. Purchases may be removed only on presentation of paid bill. Removal shall be at the expense, risk and liability of the purchaser. Auctioneer shall not be responsible for goods not removed within the time allowed.
7. CONDITION OF ARTICLES SOLD: Neither the auctioneer nor the seller shall be responsible for the correct description, genuineness, authenticity of, or defect in any lot. Information that has been provided from sources deemed reliable and Nicodemus Auction Company , makes no warranty or guarantee as to the accuracy of the information herein contained. No sale shall be set aside nor allowance made on account of any incorrectness, error in cataloging, or any imperfection not noted. DESCRIPTIONS AND PHOTOS ARE NOT GUARANTEED. Please make yourself available for the open inspection period. It is the buyer's responsibility to inspect before bidding. To avoid confusion, participants are bidding on ITEMS LISTED IN THE LOT DESCRIPTIONS and NOT items shown in the photographs. No deductions are allowed on damaged articles. All articles are being exposed for public exhibition, and sold "AS IS" and without recourse.
ARTICLES ARE NOT WARRANTED AS MERCHANTABLE OR FIT FOR ANY PARTICULAR PURPOSE, AND NO CLAIM MAY BE MADE BY PURCHASER RELATING TO THE CONDITION OR USE OF ARTICLES PURCHASED OR FOR PROXIMATE OR CONSEQUENTIAL DAMAGES ARISING THEREFROM.
8. SAFETY DEVICES:
Articles purchased may not incorporate approved activating mechanisms, operating safety devices or safety guards, as required by OSHA or otherwise. It is the purchaser’s responsibility that articles purchased be so equipped and safeguarded to meet OSHA and any other requirements before placing such articles into operation.
9. INDEMNIFICATION:
Purchaser shall defend and indemnify and hold auctioneer and seller harmless from and against all claims and liabilities relating to the condition of, removal of, or use of the articles purchased or failure of user to follow instructions, warnings or recommendations of the manufacturer, or to comply with federal, state, and local laws applicable to such articles, including OSHA requirements, and Environmental Protection Agency requirements, or for proximate or consequential damages, costs or legal expenses arising there from.
10. CLAIMS: NO CLAIMS WILL BE ALLOWED AFTER REMOVAL OF GOODS FROM PREMISES OR LEFT ON PREMISES PAST ALLOWED TIME LIMIT.
11. RESPONSIBILITY FOR NON-DELIVERY: Neither the auctioneer nor the seller, in any event, shall be liable for non-delivery or for any other matter or thing, to any purchaser of any lot, other than for the return to the purchaser of the deposit or sum paid on said lot, should the purchaser be entitled hereto.
12. COMPLIANCE WITH TERMS OF SALE: In default of payment of bills in full within the time therein specified, the auctioneer in addition to all other remedies allowed by law, may retain all monies received as deposit or otherwise, as liquidated damages. Lots not paid for and removed within the time allowed herein may be resold at public or private sale without further notice, and any deficiency, together with all expenses and charges of resale including legal fees, will be charged to the defaulting purchaser.
13. RISK TO PERSON AND PROPERTY: Persons attending during exhibition, sale or removal of goods assume all risks of damage of or loss to person and property and specifically release the auctioneer and seller from liability therefore. Neither the auctioneer nor his principal shall be liable by reason of any defect in or condition of the premises on which the sale is held.
14. CONTRACT MOVERS: If purchaser wishes to hire or contract with a machinery mover, rigger or other type of outside contractor, PROPER INSURANCE protecting Nicodemus Auction Company and the people or company that the auctioneers are conducting the sale for against any or all claims arising from personal injury and/or property damage created by their actions. This requirement is for the auctioneer`s protection - NOT FOR THE PURCHASER`S - therefore the auctioneer suggests that the purchaser review the insurance policies of the machinery mover regarding the coverage that they have protecting the purchaser and damage or loss of the equipment they may be moving for the purchaser.
15. ADDITION TO OR WITHDRAWAL FROM SALE: The auctioneer reserves the right to withdraw from sale any of the property listed or to sell at this sale property not listed, and also reserves the right to group one or more lots into one or more selling lots or to subdivide into two or more selling lots. Whenever the best interest of the seller will be served, the auctioneer reserves the right to sell all the property listed, in bulk.
16. DISPUTE BETWEEN BIDDERS: The auctioneer`s decision will be final and absolute.
17. RECORDS: The record of sale kept by the auctioneer and bookkeeper will be taken as final in the event of any dispute.
18. INDEPENDENT CONTRACTOR: The auctioneer is acting as an independent contractor only and is not responsible for the acts of its principals or sellers.
19. ADDITIONAL TERMS AND CONDITIONS: The auctioneer may add other terms and conditions of sale, such additional terms and conditions to be announced prior to the auction.
20. RESERVE: The auctioneer reserves the right to reject any and all bids. On lots upon which there is a reserve, the auctioneer or his assigned agents, shall have the right to bid on behalf of the seller.
Shipping is the responsibility of the buyer. We can palletize items for a fee.
ANY QUESTIONS CALL GRANT @ 937-631-8244
Thank You for Bidding!!
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