Special Terms
AUCTION SALE TERMS AND CONDITIONS
1. 1stStrike Asset Management, (hereinafter 1stStrike), is
conducting this auction sale for Property Owner, hereinafter
Consignor. All auction sales made shall be governed by the
terms and conditions set forth herein.
2. All material is sold "as is, where is", without warranty or
guarantee of any kind. Consignor and 1stStrike expressly
disclaim all warranties including, without limitation, warranties of
merchantability, quality, condition, age, model, year of
manufacture, and fitness for any purpose, warranties as to patent
infringement and warranties regarding the condition of the
premises on which material is located.
3. Buyer, on behalf of themselves and their successors,
assignees and vendees, hereby waives, releases and
relinquishes 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. The buyer shall examine the material
for possible hazards and for compliance with applicable federal
and state laws and regulations. If the material is hazardous or
otherwise defective, the buyer shall correct such hazards and
defects prior to use or resale.
4. Any description of material appearing in any brochure, 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 himself 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 August 8th in the form of cash, cashier's
check, money order, bank transfer, or credit card with a 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 the 1stStrike.
6. The Auctioneer shall designate the 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.
7. 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, Consignor and 1stStrike reserve the right to
reclaim title to the material and/or resell and/or otherwise dispose
of any property not paid for in full by August 8th or not removed
from the premises by 8/13/16. Buyer shall pay for any expenses
of resale and collection and for all damages resulting from resale.
Lost titles that require 1stStrike to acquire a new title will incur a
non-negotiable $200 title processing service charge in addition to
any associated DMV fees. Buyer agrees to hold Consignor and
1stStrike harmless from and against all loss or damages
sustained as a result of buyer's failure to pay for or remove the
material or for any other failure to perform his obligations
hereunder. If title is relinquished as provided herein, buyer
hereby acknowledges title transfer to Consignor and 1stStrike
and buyer disclaims any further right to title or interest in the
material.
8. All material must be removed from the auction site's premises
on or before 8/13/16. Removal time is of the essence. If the
material is not removed by said date, Consignor may, at their
option, instead of or in addition to pursuing other remedies,
cancel the sale, and/or store the material at a site of their choice
and/or resell or otherwise dispose of the material in any manner
they may choose. Proceeds of resale, if any, shall belong to
Consignor and 1stStrike. All expenses of storage, resale, and
disposal shall be borne by the buyer. In the event of such
cancellation and resale, payments made by the buyer on account
of the purchase price may be applied against expenses of
storage and resale and against further damages sustained by
Consignor or 1stStrike with any remaining sums not so applied
being returned to the buyer. A non refundable storage fee of
$100 per day per lot, will be charged to the buyer for any surplus
materials remaining on the auction site's premises after 08/13/16.
9. Buyer shall be deemed to have inspected the premises and to
be familiar with all conditions relative to removal of material.
10. The Auctioneer reserves the right to group lots, make lots
smaller or to add or delete material at Auctioneer's sole
discretion, as well as the right to offer individually and/or as a
group. Auctioneer also reserves the right not to accept or
acknowledge any bid which exceeds 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 his purchase of auction lots, to permit no liens of any kind
to be fixed upon or against Consignor or 1stStrike's property by
his 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 arising out of or 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 his
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, laws stipulations of federal, state, and local
governments, their agencies and authorities and any other
agencies having jurisdiction regarding this transaction. 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 violation of alleged
violation or 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. Buyer will not for any purpose be deemed
to be the agent of Consignor or 1stStrike.
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 supercedes all prior negotiations, representation or
agreements, whether written or oral. No changes, alternations 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.