1.) Bidders will be identified by number rather than by name, Auctioneer will record all sales under your registration number only.
2.) All articles of merchandise are offered “As is and Where is” in units of measure as announced at the time of sale. No claim will be considered for allowance adjustment of recession of any sale based upon the failure of the property to correspond to any particular standards or expectations of the buyer; Auctioneer may state the year of manufacture of certain equipment, however it is the responsibility of the buyer to ascertain, by his own means the correctness of year, model prior to bidding. The Auctioneer reserves the right to group, modify, increase, diminish or delete lots at his sole and absolute discretion.
3.) The Auctioneer may refuse to accept or acknowledge any bid, which is merely a factional advance over the preceding bid, and in the event of a tie bid, the Auctioneer may re-open the bidding to determine the highest bidder. All sales are final upon the award of bid. THE FULL PURCHASE PRICE SHALL BE PAID DAY OF SALE AND IN ANY EVENT PRIOR TO THE REMOVAL OF ANY LOT. In the event the Buyer fails to pay the full purchase price for any lot within the prescribed time, or fails to comply with any other terms of sale, the Auctioneer shall retain a possessory lien on all lots of the Buyer any and all of the purchase’s merchandise in the possession of the Auctioneer. Buyer shall pay all deficiencies resulting from such re-sale, together with all charges, fees, commissions, and expenses in connection with such re-sale. The auction deposit shall be retained by the Auctioneer for application against any such deficiency, expense or charge.
4.) Upon the award of the bid title (subject to Auctioneer’s possessory lien) and, all risk of loss, damage to or destruction of the purchased item passes to the Buyer and Auctioneer shall have no liability whatsoever for any damage to or destruction of any such lots. BUYER SHALL MAKE HIS OWN ARRANGEMENTS FOR INSURANCE COVERAGE FOR ALL ITEMS PURCHASED.
5.) The Buyer hereby agrees to indemnify and hold harmless Martella Auction Co., Inc., and the Seller, against any and all liability, loss, costs, damages, and other expenses arising from the loading out of equipment by Martella Auction Co., Inc. on the Buyer’s behalf.
6.) No lots may be removed until the conclusion of the auction although invoices are available for payment at any time. All lots must be removed within the time announced or posted at the sale at Buyer’s sole cost and risk, and only in a manner approved by Auctioneer. If for any reason the Buyer fails to remove any lots within the time specified, the lots shall be deemed abandoned and the Auctioneer may re-sale, per Paragraph 3 above, or remove from the auction site and/or store the said lots at Buyer’s sole risk and expense. In addition, Buyer shall be liable for any rent incurred or damages suffered by Auctioneer because of the Buyer’s failure to timely remove any lot. Prior to the commencement of dismantling, rigging or cutting or any operation affecting buildings or land, Buyer shall furnish certificates satisfactory to Auctioneer, holding Auctioneer harmless for any claims concerning damage or injury to persons or property arising out of any such acts. All equipment used in connection with removal shall itself be removed with the purchased lots.
7.) Sales taxes will be added to the purchase price of all taxable items. Dealers who purchase for re-sale must pay said sales tax or provide a re-sale certificate to the Auctioneer in the name of the registrant BEFORE items are removed from sale site. Buyer must also comply with all local laws and all ordinances regarding sale of property at auction.
8.) IF FOR ANY REASON WHATSOEVER THE AUCTIONEER FAILS TO DELIVER AN AWARDED LOT, THE AUCTIONEER’S SOLE LIABILITY SHALL BE THE RETURN OF ANY DEPOSIT OR MONIES PAID FOR SUCH NON-DELIVERED LOT; THIS DOES NOT INCLUDE LOST OR STOLEN ITEMS.
9.) All rights, privileges and powers reserved or granted to Auctioneer in these Terms of Sale shall be deemed reserved and granted to Auctioneer’s employees, advertising representatives, and all owners for whom the lots are being sold.
10.) Auctioneer does not accept responsibility for the failure of any equipment sold to meet the safety standards on classifications of equipment by the Department of Labor Safety and Health Regulation, CAL-OSHA, Federal OSHA or the Environmental Protection Agencies. It is the express responsibility of the Buyer to determine what safety equipment must be in service on any machinery purchased and to comply with those regulatory requirements prior to using any equipment machinery or vehicles purchased from Auction.
11.) The Buyer is solely responsible for obtaining a California Smog Certificate for any vehicle purchased. Buyer hereby certifies and acknowledges his/her understanding that a certificate of compliance is required to be obtained, certifying that any vehicle specified in subdivision (b) of Section 24007 of the Vehicle Code complies with the provisions of Part V (commencing with Section 43000) of Division 26 of the Health and Safety Code, before such vehicle may be registered in this state, unless the vehicle is sold to a dealer or for the purpose of being wrecked or dismantled or is sold exclusively for off-highway use. Furthermore, buyer hereby agrees to indemnify and hold harmless Martella Auction Company, Inc., the registered owner, and the legal owner, against any and all liability loss, cost, damages, fees of attorneys and other expenses arising from the purchase, acquisition, delivery or obtaining a certificate of compliance of any vehicle which does not comply with the California Vehicle Emission Standard.
12.) In the event MARTELLA AUCTION CO, INC. is required to employ an attorney to enforce any term of the agreement, Buyer agrees to pay reasonable attorneys fees, in addition to all court costs.
Title Work After 30 Days $50.00