Ditch Witch Dingo

TERMS AND CONDITIONS Bidding Closes: Friday, November 11, 2016 – Simultaneously with the on-site Auction NOTE: THESE TERMS AND CONDITIONS ARE ONLY FOR INTERNET BIDDING. IF YOU ARE BIDDING AT THE AUCTION – ON SITE, YOU MUST FOLLOW THE TERMS AND CONDITIONS FOR ON-SITE BIDDING. 1) BUYER’S PREMIUMS AND OTHER COSTS: 10% Buyer’s Premium, PLUS a 3% Internet Fee is in effect for each lot – Total Buyer’s Premium of 13% for internet bidding. 2) CREDIT CARD CHARGES: If you use a VISA, MASTERCARD, DISCOVER CARD or AMERICAN EXPRESS, in addition to the 13% Buyer’s Premium – you will ALSO PAY a 3% Fee (to use the Credit Card). 3) TITLES: Titles are immediately available upon guaranteed payment (Credit Card or Wire Transfer). Except where announced. 4) REMOVAL: Removal to begin Sunday from 8:00 am to 5:00 pm., after your payment has been processed. The Lot will also be opened on Monday and Tuesday - 8:00 am to 5:00 pm. Any other removal MUST be scheduled with Walker. NOTE: If an item is left on the Lot more than (15) days without arrangements made, the item will be considered ABANDONED. Please contact preferred rigger for loading/removal assistance (buyer’s may use own equipment, if proof of insurance is provided to Walker in advance). 5) INTERNET ONLY PAYMENT TERMS: Invoices will be sent to the buyer’s registration email address immediately following the close of the sale. When you register to bid on line, you will be required to submit a Credit Card. The Invoice will ask you to respond as to whether you want us to use the Credit Card on file for your purchase or if you will be wiring the funds to us. (Reminder: In addition to the 13% Internet Bidding Buyer’s Premium, there will also be an additional 3% added to your total price for using a Credit Card) Both methods must be handled by 5:00 p.m. on Monday, November 14, 2016. THERE WILL BE NO EXCEPTIONS! There will be a $50.00 per day Late Payment Fee charged on outstanding balances beginning Tuesday, November 15, 2016. If no contact is made by the buyer by the deadline, we will automatically process the payment on the credit card that was provided at registration. NOTE: Walker Commercial Services Inc. wants all of our customers to feel they have been treated fairly. Please do not enter a bid on an item, if you do not feel comfortable with the item based on its condition. Auctioneer is not responsible for a bidders inability to place any bid, internet or otherwise for this Auction for any reason. In the event of technology issues with Internet Sales, the Auctioneer reserves the right to reopen or extend Internet bidding as it deems necessary and appropriate. 6) “AS-IS”, “WHERE-IS”: All equipment is sold AS IS, WHERE IS, AND WITH ALL FAULTS. Inspect all equipment prior to bidding or placing bids. THERE WILL BE NO ADJUSTMENTS TO THE FINAL BID PRICE AFTER THE BIDDING CLOSES. The information that is provided, is only a guide and is not a warranty or guarantee, actual or implied. All information was furnished to us by sources believed to be reliable, but is not guaranteed and is subject to errors, omissions and deletions from the Auction. ADDITIONAL TERMS & CONDITIONS OF SALE All persons bidding or otherwise attending auction (“Bidders”) acknowledge the following terms and conditions (“Terms and Conditions”) and agree to be bound by them. A. BIDDING: Bidding is open to the public without regard to race, color, sex, religion, or national origin. All bidders are required to have a bidder’s number to bid. To obtain a bidder’s number, a registration form must be filled out including full name, address, phone number, and other information, including valid credit card information. B. BIDDING PROCEDURES: (1) Method, order of sale, and bidding increments shall be at the sole discretion of the Auctioneer. (2) The Auctioneer reserves the right to delete or add items at its discretion. C. AUCTIONEER AUTHORITY: Announcements (both verbal and written) made on the day of the auction will take precedence over all printed material or oral statements made. The Auctioneer has the authority, at his sole and absolute discretion, to deviate from, change, alter, or modify, the bidding procedures and conduct of the Auction, at any time, including after commencement of the Auction. D. BID EXECUTION: Bids which are submitted to Walker through the Internet, or otherwise placed with Walker, prior to or during the Auction for execution at or below a specified price shall be entertained and executed by Walker for the convenience of all of the bidders. Auctioneer is not responsible for a bidders inability to place any bid, internet or otherwise for this Auction for any reason. In the event of technology issues with Internet sales, or for other reasons, the Auctioneer reserves the right to reopen or cancel Internet bidding as it deems necessary. E. DEFINITIONS: Purchaser is the highest bidder whose bid is accepted by Auctioneer, (“Purchaser”). The “Final Bid” shall be the Purchaser’s bid as accepted by the Auctioneer, and all items are “Purchased” when the Purchase Price is accepted. F. BUYER’S PREMIUM: The Buyer’s Premium in the amount of 10% will be added to the High Bid Price, to determine the Purchase Price. There is an additional 3% Buyer’s Premium added for internet bidding. (Reminder: In addition to the 13% Internet Bidding Buyer’s Premium, there will also be an additional 3% added to your total price for using a Credit Card G. ALL SALES ARE FINAL: All bidders are responsible to determine the age, description, condition, and authenticity of all Purchased items. Each item is Auctioned “AS IS, WHERE IS, with all faults” in its condition at the time of sale, without any warranties or guarantees, either expressed or implied, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, POSSESSION, QUIET ENJOYMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, and without recourse by way of refund, reduction of the Purchase Price, or otherwise. No purchase will be set aside, nor will Auctioneer be liable, for incorrectness in description, misnomer, errors in cataloging, imperfection, or mislabeling of any item. H. CATALOG: The Catalog has been prepared only as a guide based on information from sources believed to be reliable, but the accuracy thereof cannot be guaranteed or warranted by Walker. Hours and miles which are stated in the catalog descriptions as “showing” are read on the meters and odometers, or as provided by owner, with no guarantee of accuracy. Any information provided by Walker or its representatives, verbal or otherwise, is not guaranteed, to include, but not limited to country of origin or manufacturer. Purchaser acknowledges that all items were available for inspection prior to the Auction and that Purchaser relies on his own inspection of the items and not the information listed in the catalog or otherwise provided by Walker. I. DISPUTES: Should a dispute arise between two or more bidders, the Auctioneer may re-open the bidding between the high bidders until the item is purchased. Should the Auctioneer and a bid assistant (Proxibid) simultaneously recognize conflicting bidders, even if the Auctioneer has announced the item as “sold,” the Auctioneer may re-open the bidding between the high bidders until the property is purchased. The Auctioneer will determine the Purchaser and his decision shall be final and absolute. J. RISK OF LOSS: Upon the fall of the hammer, or when the Auctioneer says “sold,” or when the internet auction closes, risk of loss shall pass to the Purchaser. Walker accepts no responsibility for any loss or damage to any Purchased item once the hammer falls. It shall be the responsibility of the Purchaser to insure all Purchased items immediately. K. PAYMENT: All buyers must abide by the “payment terms” set forth for this sale. See “Sale Information” for details. Walker WILL refuse to allow removal of Purchased items, until the Purchaser pays all amounts due and owing Walker. (See aforementioned Item #5) L. REMOVAL STORAGE/HANDLING FEES: Purchasers must pay in full for all items purchased prior to removing any item(s). Purchasers must remove all purchased items from the Auction site within the time allotted for removal. (See aforementioned Item #5 for details.) Purchaser takes full responsibility for the removal of purchased items and holds harmless and indemnifies the bank, property owner and auctioneer for any damage or injury in the removal or dismantling process. Walker reserves the right to require proof of insurance coverage on any item, person or company. If for any reason Purchaser fails to remove any items from the auction site in accordance with this paragraph, including Purchaser’s failure to make full and complete payment of all sums due and owing to Walker, Purchaser agrees to pay Walker a storage fee of twenty-five dollars ($25.00) per item, per day, and all handling, transportation, maintenance, security and insurance fees and /or costs. Walker may store any such unremoved item(s), and refuse to allow its removal, until payment of all storage, reasonable handling, transportation, maintenance, security and insurance fees and/or costs are paid in full. M. DEFAULT BY PURCHASER: In the event Purchaser fails to pay the full Purchase Price of any Purchased items as per these Terms and Conditions, or other amounts due to Walker, Purchaser agrees to pay Walker a storage fee of twenty-five dollars ($25.00) per day, per item left at the auction site, and all storage, all handling, transportation, maintenance, security and insurance fees and/or sales costs. Additionally, Purchaser agrees to grant Walker a lien on all purchased items, and the proceeds of the sale of such property, until all the Purchase Price and all other sums due Walker are paid in full. Walker’s lien shall include the Purchase Price, all sales and use taxes paid by Walker, buyer’s premiums, storage, all handling, transportation, maintenance, security and insurance fees and/or costs and other amounts due Walker from Purchaser. In addition, Walker, at its sole discretion, shall have the right to resell such items by public or private sale at a commission rate of Twenty-five (25%) Percent. Purchaser grants Walker the right to withhold from the proceeds of such resale any and all sums due to Walker. Walker’s exercise of its right to resell any items in accordance with this paragraph, shall not prevent Walker from recovering the Purchase Price or any other amount due Walker from the Purchaser. N. ABONDONED PROPERTY: Walker may deem abandoned any item left at the auction site after the time provided for removal. In addition, Walker, at its sole discretion, shall have the right to resell such items by public or private sale at a commission rate of Twenty-five (25%) Percent. Purchaser grants Walker the right to withhold from the proceeds of such resale any and all sums due Walker. Any sum remaining after full and complete payment of all amounts due and owing to Walker shall be provided to the Purchaser. Walker exercise of its right to sell any items in accordance with this paragraph, shall not prevent Walker from recovering the Purchase Price or any other amount due Walker from the Purchaser, by any legal means necessary. Redemption of any abandoned goods will be allowed after complete payment of the Purchase Price and all other amounts due and owing to Walker. O. TITLES: All title documents will be available to Purchaser upon complete and final payment of all sums due Walker, unless when otherwise noted. P. LOADING AND UNLOADING OF EQUIPMENT: All items are sold “AS IS, WHERE IS”. Walker does not provide operators for the loading or unloading of any vehicles or equipment under any circumstances. This is the sole responsibility of the Purchaser. Q. WITHDRAWN PROPERTY: Walker reserves the right to withdraw any individual items or to cancel the sale of any items or offer any items in lots of groups. 18. R. UNAUTHORIZED CONDUCT: Walker reserves the right to refuse any bidder registration privileges at any auction and/or refuse access to, or remove any person from the auction site for any reason including, but not limited to: 1) tampering with equipment, 2) collusive bidding, 3) stealing, 4) failure to abide by these Terms and Conditions, 5) intoxication, (6) inappropriate behavior. All Bidders acknowledge Walker’s right to refuse access and to remove Bidders for such conduct and agree to leave the auction site upon request by Walker. S. NOTICE: Except for announcements made pursuant to paragraph “C” of these Terms and Conditions, these Terms and Conditions may not be amended in any way, except by a signed, written agreement between Walker and the Purchaser. T. ACCEPTANCE AND AGREEMENT: Registration and bidding on items in this Auction, automatically implies an understanding of all legal obligation to the Terms and Conditions of this Auction. U. ABSOLUTE AUCTION: All items will be sold ABSOLUTE – regardless of the price, to the highest bidder. V. INTERNET BUYER’S PREMIUM: 13% SALE INFORMATION: Walker Commercial Services, Inc. Ph: (540) 344-6160 Anthony Smithers Ph: (540) 420-3501 Fax: (540) 344-6164 Bidding Closes: Friday, November 11, 2016 – Simultaneously with the on-site Auction