MAGNUM LIFT XL MODEL 10,000 LB

By registering to bid or placing a bid you agree to be bound by all of these terms & conditions. Any announcements at sale time shall take precedence over any written statements in this auction. All Internet bidders agree that bids placed on the Internet shall have the same legal effect as if they were in attendance at the auction in person. 1. All persons attending the auction, as well as successful bidders removing merchandise assume all risks of damage to person or property and specifically release and indemnify Nutt Auction Company, from any liability. 2. All property is sold “AS IS”, and ALL SALES ARE FINAL. Property is open to thorough public inspection. It is the Bidder’s responsibility to determine condition, age, genuineness, value or any other determinative factors. Nutt Auction Company may attempt to describe the merchandise in advertising, on the Internet, and at the auction, but makes no representations as to any of these determining factors. In no event shall the auction company be held responsible for having made or implied any warranty of any type or use. Bidder shall be the sole judge of value. Bidders who bid from off site and are not present at the live auction or preview understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. Bidder agrees that everything is sold as is and that they may not return any item they purchase for any reason. 3. All Internet Bidders agree to pay a buyer’s premium equal to Ten Percent (10%) of the hammer price of each item they purchase. State sales tax law, if applicable, will be applied. A 3.5% convenience fee will be charged on all credit card & echeck payments. 4. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall Bidder have any kind of claim against Nutt Auction Company. or anyone else if the Internet service fails to work correctly before or during the online auction. Nutt Auction Company will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should use the proxy-bidding feature and leave their maximum bid 24 hours before the auction begins. Nutt Auction Company reserves the right to withdraw or re-catalog items in this auction. 5. Bidder agrees that this agreement shall be governed by the laws of the state of Arkansas and hereby grants sole jurisdiction and agrees to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Arkansas. Bidder agrees and grants that service of process on them may be obtained by mailing a certified letter, containing a summons, postage prepaid, to them at the address they provided to register. Should a dispute arise between Nutt Auction Company and Bidder, Bidder waives any right to a trial or hearing in a court of law and agrees to settle the dispute through binding arbitration in Arkansas. 6. All Titles and Registration Certificates (if stated that they are included with the item) will be mailed to the buyer within a reasonable time period following the auction, allowing for satisfactory collection of negotiable funds. State Law requires all titles to be filled in to the purchaser. 7. An invoice will be e-mailed to the buyer at the end of the sale. This receipt must be paid and presented to authorized personnel before any item can be removed from auction site. 8. PICKUP OF ASSETS: Bidders are responsible for their own removal. Any item NOT picked up by the set time will be considered abandoned. Removal shall be at the expense, liability, and risk of the purchaser. Purchases will be released upon presentation of a paid receipt. Please insure that movers or anyone picking up items on your behalf have your paid receipt at the pickup location no items will be released without a paid receipt. Bidder further agrees to be held personally responsible for all purchases made on their bidder number, and agrees that bidder will not charge back items which are not picked up during the published removal times. Buyer authorizes Nutt Auction Company to release buyer's assets to any individual in possession of the buyer's sales receipt. Bring help to remove items. We do not provide any help with removal of items. This is an ONLINE ONLY AUCTION PLEASE DO NOT BID IF YOU ARE NOT ABLE TO PICK UP YOUR ITEMS during the scheduled removal times NO refunds or charge back's will be granted due to a lack of removal at the designated times. After the scheduled removal, items will be considered abandoned and you will be charged a removal fee for disposal of your items. 9. STAGGERED CLOSING: The online auction closes 3 items per 1 minute intervals. 10. DYNAMIC CLOSING: The closing time of an item is automatically extended an additional 2 minutes whenever a bid is placed within the last 2 minute of the item's closing time. 11. Warranty and Condition: All items are sold 'AS IS, WHERE IS, with NO WARRANTY expressed or implied by the lot number affixed to the item. Descriptions are believed to be accurate but not guaranteed. When you are not certain of the condition or use of an item please bid accordingly. 12. Winning Bid Notification: You will be contacted by email ONLY (it is your responsibility for checking your email). If you do not receive an email invoice, contact Kelly Nutt @ (903) 824-3445. 13. Failure to remove purchases: Nutt Auction Company will have the option of reselling, removing, storing or abandoning, at the expense and risk of the buyer, items not paid for and/or removed within the specific time. The buyer agrees to pay all deficiencies, legal, collection; transportation and storage expenses associated with delinquent accounts or abandoned items. A $10.00 HANDLING FEE WILL BE CHARGED. 14. In the event of a bidder default and /or charge back bidder agrees that Nutt Auction Company may collect payment for items, including cost associated with items to be relocated, discarded or stored, either by arbitration small claims court or state court at Nutt Auction Company's discretion, and that any judgments awarded may be applied to the bidder personally or corporately. 15. The auctioneer reserves the right to add or remove items from the auction. Split or combine lots. Cancel, suspend, extend or reschedule an individual item and or auction event. Make changes to the auction closing times or inspection or removal times. Rescind the sale of any or all items regardless of high bid upon auction conclusion. 16. LIABILITY: Auctioneers and Sellers liability shall be limited to the refund of bidders purchase price.