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.
Special Terms
ALL ITEMS SELL WITHOUT GUARANTEE-- ITEMS SELL AS IS, LIKE IS,
WHERE IS, UPON BUYERS OWN JUDGEMENT. ALL SALES ARE FINAL. No Refunds or Returns.
"Seller disclaims all warranties, expressed or implied with the respect to the goods sold hereunder, including, without limitation all implied warranties of merchantability and fitness." Purchaser agrees to indemnify and hold Merv E. Hilpipre Auction Company and Associates, and all Seller and Associates, harmless from any and all claims, damages, or losses of any kind, arising from the sale or use of the goods sold here under. Further, Purchaser agrees to indemnify and hold Merv E. Hilpipre Auction Company and Associates, and all Seller and Associates, and Webcast Providers and Associates, harmless from any and all bidders’ chosen technology devices they use for webcast bidding. Including but not limited to service disconnection, time delay, non-compliant software, unable to access, etc.
Purchaser further agrees to pay for all purchases day of auction or by designated date: Further agrees to pay a BUYERS PREMIUM 15% buyers’ premium for webcast purchases and 7% Sales Tax. Also, any buyer paying by credit to pay additional 3% handling fee.
Quantity of items per lot. Read carefully, the number in the quantity section of the lot. Your bid is times the number in the quantity section. For example, if quantity is listed as “1” and your bid is $10 it means $10 x 1 = $10 for the lot (this total bid is prior to the applied buyers’ premium of (15% webcast purchases, 7% Sales Tax) plus 3% credit card fee for credit cards users. The buyers’ premium and sales tax will be added to your total when you are invoiced). If quantity is listed more than “1” for example qty. of 2 and your bid is $10 it means $10 x 2 total bid for the lot would be $20, (this total bid is prior to the applied buyers’ premium of (15% webcast purchases and 7% sales tax) plus 3% fee credit card users. These fees will be added to your invoice.
NOTE:
The catalog descriptions are entered for your convenience. The auctioneer assumes no responsibility for typographical or other errors which may appear herein (on each description, other information). All descriptions, machine specifications and serial numbers, etc., are believed to be correct but are used only as a guide and are not guaranteed.
Announcements made day of auction supersede previous announcements.
TERMS & CONDITIONS OF SALE
1. The Auctioneer will announce whether the auction is with or without reserve. All rights of the auctioneer and the purchaser shall be in force depending on the type of auction. Announcements made during the sale supersede any previous announcements whether spoken or printed. Any persons selling or consigning items to the sale shall not bid on said items or is not allowed to have an associate or agent bid for them.
2. Any person desiring to procure any and all bids shall register with the Auction Co. Registering will consist of providing all necessary information asked by the Auction Co. All person registering guarantee provided information to be accurate and warrants that he is authorized to bid on behalf of the firm or party represented. Auctioneers or Auction Co. reserve the right to refuse any applicant a bidding card and may revoke such privilege at any time.
3. All purchases must be settled in full the day of the sale and shall be removed from the premises within the time specified by the auctioneer. Payment shall be in the form of cash, cashier checks, credit cards which will have an additional fee, or checks. Checks must be accompanied by a bank letter of credit guaranteeing the check. Auctioneers or Auction Co. will have the sole right to determine if a person does not need to provide a letter of credit or if payment may be delayed. By bidding on items in the auction buyer represents to Auctioneers that he is financially solvent and all checks issued by buyer will be honored. A dishonored check is conclusive buyer insolvent and entitles auctioneer to remedies available under applicable laws.
4. All goods will be put in lots and will be sold to the highest bidder for cash. The record kept by the clerk of sale together with the marked catalog of the Auctioneer shall in all cases be accepted by the buyers as final when questions arise as to the price for which lots have been sold.
5. Auctioneers reserve the sole right to change the order of the sale, the size of the lots, the addition or subtraction of a lot number. Auctioneers will have the sole right to determine the bidding increment. In the event of a buyers’ dispute or tie bid, the Auctioneer has the sole right to either open up the bidding for continued advancement or strike the goods sold. Auctioneers reserve the right to refuse any bid which they consider to be insignificant advance over the preceding bid.
6. Any errors in accounting toward purchasers bill will be corrected according to the actual facts. Purchaser agrees to pay what is owed. Purchaser shall not be entitled to possession of any of his purchases until total purchase price of all his items have been paid in full. In the event purchaser fails to pay the full purchase price of any lot within the prescribed time or fails to compile with any terms of sale Auctioneers shall have retained a possessory lien on all lots of purchaser and at their sole discretion have the right to resell such lots by public or private sale without notice of any kind to purchaser.
7. Any printed literature given to purchasers such as a buyers catalog shall only act as a guide. If Auctioneers express opinion to condition or merchantability, and what price should be paid. No sale shall be invalidated by reason of any defect or inaccuracy in any of the lots by reason of their being inaccurately described in this listing catalog or elsewhere, no liability shall be born by Auctioneer in the respect of any such faults or errors.
8. Purchaser acknowledges and agrees that all good have been available prior to sale time and that he is purchasing all goods with all defects. DO NOT BID UNLESS YOU HAVE DETERMINED TO THE CONDITION OF TO THE LOT FROM YOUR OWN EXAMINATION. Buyer acknowledges sole responsibility and assumes the risk that a lot after it has been inspected might change. Auctioneer will sell lot(s) as it exists at time sold, as is, where is, with no warranties whether implied or expressed. Any and all warranties or guarantees will be between the buyer and seller only.
8. The auction sale sight shall include any location which a lot is located for display and or removal as well as where the actual bid calling in conducted. Auction sales site are considered potentially dangerous places and immediately upon registration if not before purchaser shall so notify agents, servants, and employees and others accompanying him.
9. All claims or disputes must be settled on the day of the sale at the sale site. No claims will be allowed after the removal of goods.
10. Appropriate taxes will apply. Tax exemptions accepted if purchaser produces proper documentation of their exemptions.
REMOVAL TERMS
1. Purchaser will be responsible for complete removal of all goods purchased. Cost of removal will be the responsibility of the purchaser.
2. Auctioneer reserves the right to require proof of adequate insurance coverage from any buyer of lots requiring dismantling, rigging, or hot cutting.
3. Any damage caused to real property or other goods caused by the purchaser or his agents, the purchaser agrees to cover all damages both to the property and legal. Purchaser agrees to indemnify and hold harmless the Auction Co., Auctioneers, their agents, any and all sellers from and against any damage to property or injury to person or loss of life occasioned directly by the act or acts of buyer or buyer’s representative, agent, or employees in connection with the dismantling or removal of any lot or any other action resulting from the attendance of the purchaser to this sale.
4. In the event that the purchaser fails to remove any such lot or part thereof within said period, the Auctioneer or his designees shall have the right but shall be under no obligation to do so either in the name if the Auctioneer or other seller or the purchaser to remove, store, abandon, discard, sell or otherwise dispose of each of any part of lot bid in or purchased at the expense and risk of the purchaser without waiving any other rights that the auctioneer or other seller may have against the purchaser.
5. The purchaser shall be and shall continue to be liable for all lose, expense, and damage directly sustained by the auctioneer or seller by reason of the failure of the purchaser to comply with the foregoing condition.
