2008 Yanmar 35 Excavator,

Buyers Premium:10% on the first $2500 and 3% on the balance per item. Internet bidders will be charged an additional 3% buyers premium. Complete Payment Sale Day in Cash, Certified Funds or Pre-Qualified Personal or Company Check. Credit Cards Accepted with a 4% Service Fee. DSA does not arrange with online buyers or any other buyer for storage, shipping & insurance for items that they purchase. That is buyers sole responsibility. TERMS OF AUCTION: Payment for purchases must be made in U.S. Funds by cash, s check or personal check - on larger purchases accompanied by Letter of Credit from your bank for this particular auction and proof of identity. No Letters of Credit for other auctions will be honored. All checks will be made payable to Don Smock Auction Company. All sales are subject to State Sales Tax laws. Bidder agrees not to stop payment on checks or disallow a sight draft and is responsible for any expenses due to collection of bad check, including, but not limited to reasonable attorney fees, costs of collection and court costs. NO WARRANTY: The descriptions of items appearing in advertising prior to this auction are believed to be correct. Nevertheless, neither those descriptions nor any oral statements made by Owner, its Officers, Agents and Employees of Auctioneer concerning any item shall be construed as a warranty, either express or implied AS TO THE CONDITION OF THE MERCHANDISE. ITEMS ARE SOLD AS IS - WHERE IS with absolutely no expressed or implied warranty whatsoever. I, the Buyer, have examined this merchandise and accept it the way it is and by execution hereinbelow I waive and disclaim any express or implied warranties, including but not limited to, fitness for a particular purpose; UCC warranties and manufacturers warranties. Further, it is the sole responsibility of the Buyer to verify the viability of any item purchased. ALL ANNOUNCEMENTS MADE THE DAY OF THE SALE TAKE PRECEDENCE OVER ANY PRINTED MATERIAL. All property is sold AS IS, WHERE IS and ALL SALES ARE FINAL. Property is open to thorough public inspection. It is the bidders responsibility to determine condition, age, genuineness, value or any other determinative factor. Don Smock Auction Co., Inc may attempt to describe the merchandise in advertising, on the Internet and at the auction but makes no representations. In no event shall Don Smock Auction Co., Inc be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. 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. It is the bidders responsibility to determine condition, age, genuineness, value or any other determinative factor. Don Smock Auction Co., Inc shall endeavor to describe in detail each item and any pertinent information about it. Don Smock Auction Co., Inc will not be responsible for any errors or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the item itself. Bidder agrees that everything is sold as is and that they may not return any item they purchase. Don Smock Auction Co., Inc is providing Internet Pre-Auction and live bidding as a service to Bidder. 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 Don Smock Auction Co., Inc or anyone else if the Internet service fails to work correctly before or during the live auction. Don Smock Auction Co., Inc 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. Don Smock Auction Co., Inc reserves the right to withdraw or re-catalog items in this auction.