PALLET JACK

1) ALL Bidders must be properly register with current information including; Name, Address, Day Phone Number and E-Mail to sign up as a Bidder before You REGISTER FOR THIS AUCTION FOR LIVE INTERNET BIDDING There is a 5% Internet Purchase Fee charged on all online purchases $1,000.00 MAX Internet Buyer Fee No Buyers Premium for purchases made on site 2) ALL SALES ARE FINAL. ALL ITEMS ARE SOLD, AS IS-WHERE IS, WITH ALL FAULTS AND WITH NO GUARANTEES OR WARRANTIES OF ANY TYPE, EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. FURTHER, UNLESS AUCTIONEER IS ALSO SELLER OF THE LOT/GOODS, AUCTIONEER FURTHER DISCLAIMS ANY WARRANTY OF TITLE. Any oral representation made by the Auctioneer shall not modify these terms AS IS-WHERE IS terms. Any description or information given in a catalog or written on the lot is not guaranteed, warranted, or assumed by Auctioneer, and Buyer must rely solely on his/her own inspection. Property is open to thorough public inspection and bidders from off-site understand and acknowledge that he/she may not be able to inspect as well as if present, in person. It is the bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor. Buyers failure to personally inspect items are no grounds to refuse payment. Auctioneer reserves the right to withdraw or re- catalog items in any auction. 3) Bidding Rules. Once the Auctioneer declares the item SOLD, Bidder cannot revoke, retract, or assign the bid and/or purchase. Any bid or bids that, in the opinion of the Auctioneer, is/are not commensurate with the value of the article offered, may be rejected and the article withdrawn from the sale. Where there is a reserve on an item or items, the Auctioneer shall have the right to bid on same or on behalf of the Seller or any lienholder. The record kept by the clerk of the sale, together with the marked catalog of the Auctioneer, shall in all cases be accepted by the Bidder as final if any question arises as to the price. If for any reason Auctioneer is unable to deliver the purchase, or deliver such purchase free and clear of liens, Auctioneer may terminate the purchase, in which case Bidder's only recourse shall be the return of any monies actually paid. 4) Applicable State of Ohio Sales Tax will be charged on all Lots. Bidders from outside the State of Ohio will be exempt from Sales Tax if they provide proof an approved tax exemption status form and exception certificates that are acceptable to the State of Ohio. 5)Payment in full must be made within 2 Business days of purchase in the form Of Cash, Wire Transfer, Cashiers Check or a Company Check accompanied with a bank letter of guarantee. 6) All purchases must be removed from the premises within 10 days of Auction. 7) Risk of Loss. Purchases become Buyer's responsibility and he/she assumes all risk of loss or damage immediately upon declaration of ?SOLD? by the Auctioneer. Auctioneer shall not be responsible for any loss or damage to any lot/items. It is Buyer's responsibility to immediately insure purchases. 8) Bidders are to be held personally liable for any bids made with their Bidding Number. Buyers agree to pay all reasonable attorney fees and cost incurred by the auction company in the collection of funds. Any disputes will be heard in Putnam Co. Ohio Common Pleas courts 9) Breach; Enforcement. If Buyer fails to complete the purchase of any item pursuant to these terms and conditions, any money deposited in part payment shall be first applied against Auctioneer's damages, including storage charges, before payment of the purchase price. In the event of resale, Buyer shall be held responsible for any deficit between the successful bid and the price for which the item is resold and charges arising from such resale and is not entitled to any portion of any amount received by a resale. Buyer agrees to reimburse Auctioneer for any and all costs incurred, including its reasonable attorney's fees, expert fees, and court costs, which result from or are incurred due to Buyer's breach or attempted breach of these terms and conditions. In addition, Buyer agrees to indemnify and hold Auctioneer harmless from all loss, cost, expense and other damage (including reasonable attorney's fees and costs), directly or indirectly sustained by the Auctioneer or Seller, arising from or related to Buyer's failure to comply with these terms. In the event of legal proceedings arising from this contract or from the auction in connection therewith, Buyer consents to being subject to the personal jurisdiction of the courts of the State of Ohio and agree that the proper venue shall be the Putnam County Ohio Common Pleas Court, Ohio. 10)Additional Terms. By bidding, Bidder agrees to abide by all of these terms, AS WELL AS THOSE WRITTEN IN THE AUCTION CATALOG OR OTHER PRINTED MATERIALS USED BY AUCTIONEER IN THE SALE PROCESS. Additional terms and conditions may be announced by the Auctioneer from the floor at the auction, which become part of this contract. For example, additional terms may include (but are not limited to) that the auction is a bankruptcy or judicial sale or subject to confirmation by the Court. 11) The highest bidder for each Lot shall be the Purchaser, and in the event of any dispute the Auctioneers shall have absolute discretion either to settle such dispute. By Bidding on an item the bidder shows acceptance of the terms of Auction. 12) Website; Online Bidding. Auctioneer provides Internet pre-auction and live bidding as a service to the bidders. Bidders acknowledge and understand that this service may or may not function correctly the day of the auction. Auctioneer cannot and shall not be held responsible for any interruption of service, errors, and/or omissions caused by any means and does not guarantee continual, uninterrupted or error free service or use of this Site. Bidder acknowledges that this auction is conducted electronically and relies . on hardware and software that may malfunction without warning. The Auctioneer, in its sole discretion, may void any sale, temporarily suspend bidding and re-sell any item/lots that were affected by any malfunction. The decision of the Auctioneer is final. In addition, Bidder agrees to not use any device, software or routine to interfere or attempt to interfere with the proper working of or any transaction being conducted on and during the auction. IN THE EVENT OF A TIE BID, THE BID OF ANY FLOOR BIDDER PRESENT AT THE AUCTION SHALL BE DEEMED TO BE THE SUCCESSFUL BID. 13) The Auctioneer accepts no liability for loss or damage howsoever arising (including but not limited to costs of attendance of Bidders at the Auction) from any Lots not presented for sale. 14) The Auctioneer has described the Lot(s) in the catalogue to the best of their ability and belief from information furnished by the Vendor(s) who shall be alone responsible for any error or miss-statement, which there may be. The Auctioneer and Proxibid undertake no liability whatever in respect of any faults, deficiencies and errors of any description, oral or printed, nor do they accept responsibility for the authenticity, genuineness, origin, age, condition or quality of any Lot(s) and all statements as to these matters whether contained in the catalogue or made orally are statements of opinion only and not to be taken as being or implying a statement or representation of fact 15) Each and every Lot is sold as seen. The Auctioneer provides no guarantees or warranties (express or implied) in respect of the Equipment contained in the Lot. All representations made by the Auctioneer, its servants or agents are to be considered lay opinions only and the Auctioneer accepts no liability for any purchase made by a Buyer in reliance upon them. 16) The Buyer acknowledges he/she has read and agrees to be bound by the additional terms and conditions set forth. (FAILURE TO READ THESE TERMS IS NO EXCUSE)