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This lot was not sold. You may be able to bid on this item if the auctioneer offers the lot again.
This item is in Brownsville, OR

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Overview of 2021 KABOTA KX040 EXCAVATOR

Item Details



Your credit card on file is for verification purposes only and will not be charged following the auction. Acceptable payments are Money Order, Cash, Wire Transfer and Certified Check only. Contact the auction company at 503-702-6646 (Cell) for instruction on Wire Transfer. Payments must be made at time of removal or before 2/21/2023. And must be made before Pickup.
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Auction Details

Big Valley Builders, Inc. Bankruptcy 23-61913-tmr7103 W Biishop, Brownsville, OR, 97327Monday, Jun 17, 2024 | 12:00 PM CDT

Terms Of Sale

Payment shall be made in the form of Cash,Cashiers check or Money Order. Payment can also be made in person after the auction. Failure to pay for items you bid on and won, will result in immediate disqualification to bid on any future auctions our company conducts. To reinstate your bidding privileges, you will be required to pay our company lost commission and buyer's premium on the items that you bid on and did not pay for. AMS is providing internet only bidding for this auction. Bidder acknowledges and understands that this service may or may not function correctly on the day of the auction. Under no circumstances shall Bidder have any kind of claim against AMS or anyone else if the internet service fails to work correctly before or during the auction. AMS will not be responsible for any missed bids from any source. Even though an item may display as sold on the internet, no sales are final until they are certified by AMS and Bidder receives an invoice from AMS. AMS reserves the right to cancel any or all sales and resell items in whatever manner it chooses. Bidder agrees to not stop payment on any check paid to AMS. Bidder further agrees that under no circumstances will he/she initiate a charge back on his/her credit card. Title to merchandise transfers to Bidder only when bidder's secure payment is made in full. All property shall be removed from premises by Bidder at his/her own risk and expense within the item period announced. All merchandise purchased at this auction must be removed during times posted for this auction, unless special arrangements have been made with AMS prior to the auction ending. Internet bidders should arrange to pickup purchases within this time. In the event the bidder does not pay for shipping, the Bidder shall have no claim against AMS and will forfeit merchandise with no funds. All items will be insured for the purchase price. All property sells AS IS-WHERE IS without any warranty of any kind, expressed or implied. There are no warranties as to the quality, character or condition of any of the items. Please inspect all items prior to bidding. The implied merchant-ability is expressly disclaimed. There is no warranty of fitness for a particular purpose. The buyer shall not be entitled to any adjustment or allowance, damages or any other remedy or claim on the quality, character or condition of any item purchased. It is the buyers responsibility to determine the condition, year model, mileage, etc. of items. AMS is acting solely as an auctioneer. AMS is not the seller, and therefore makes no warranty as to quality or condition of the equipment or items. All descriptions and conditions of items in this catalog are believed to be correct and have been conscientiously set forth by the owner. However, neither the owner nor the auctioneers are responsible for any errors in description or condition. The buyers catalog acts as a guide only. Currency Type: USD Preview Date & Times: Items can be viewed the day before the Auction. Checkout Date & Times: Pick up of merchandise may be made after payment has been made to the Auctioneer and verified by your bank. Buyer has 2 days from auction end to have all merchandise removed from site unless prior arrangements are made at auctioneers discretion. Special Terms AUCTION REGISTRATION, BIDDING AND SALES AGREEMENT This AUCTION REGISTRATION, BIDDING AND SALES AGREEMENT (the 'Agreement') is entered into between the Bidder/Buyer as signed below (the 'Bidder/Buyer') and Asset Management Specialists,Inc. (AMS) as auctioneer (the 'Auctioneer'). Bidder/Buyer agrees that the terms listed below shall govern the auction and sale and he/she agrees to be bound by them. 1. Everything is sold 'AS IS, WHERE IS', and 'WITH ALL FAULTS' and the Auctioneer and the seller and/or owner of each item expressly disclaim any warranties. By bidding, Bidder/Buyer acknowledges that he/she has inspected the property that he/she is bidding upon and/or buying. Bidder/Buyers are responsible for their purchases when Auctioneer says 'SOLD' in response to their bid. The acceptance by the Auctioneer of the last bid constitutes an oral contract between the seller and the Bidder/Buyer and is legally binding. The Bidder/Buyer agrees that he/she has examined this merchandise and accepts the way it is. ALL SALES ARE FINAL. THE ITEM(S) SOLD CANNOT BE RETURNED FOR ANY REASON. Do not bid on an item and then claim a mistake was made. There will be no rebids. 2. The Auctioneer shall designate the purchasing Buyer (if the item is purchased) from the bids given after each item of merchandise is auctioned. If a dispute arises between two or more Bidder/Buyers, the Auctioneer reserves the right to reopen bidding. The Auctioneer's decision and designation as to who won the bid and purchased the item shall be FINAL. After a Bidder/Buyer has won the bid with his/her bid they have become the new owners of the item, even though they may not have paid the purchase price for the item yet. The item(s), at that point, becomes the full and sole responsibility of the Bidder/Buyer, and Bidder/Buyer assumes all risk of loss and damage from that point forward. 3. THE BIDDER/BUYER UNDERSTANDS AND UNEQUIVOCALLY AGREES THAT THE AUCTIONEER'S DECISION AS TO THE AMOUNT OF ANY BID OR ANY PURCHASE IS FINAL AND BINDING. 4. All information included in all statements in Asset Management Specialists, Inc. publications, catalogs, ads, brochures, signs and auction tags, as well as verbal statements made on the date of the sale regarding any item to be auctioned, have come from the owner of the item prior to the time of the sale and the Auctioneer has not independently verified any of the same. Bidder/Buyer understands and agrees that Auctioneer assumes no responsibility or liability for any representations made to the Bidder/Buyer by any party, including or not limited to the seller or the owner or the Auctioneer or otherwise. Auctioneer shall have no obligation to verify or authenticate such statements or claims. Bidder/Buyer acknowledges by signing below that he/she will not hold Auctioneer responsible for any representations or statements made before, during or after the sale. Auctioneer makes no warranty or guarantee, expressed or implied, to the condition, year, or model of merchandise listed or any printed material. All information obtained about the items has been provided to the Auctioneer by the owner of the item when delivered to the Auctioneer and is believed to be true but not guaranteed. Bidder/Buyer should avail themselves to the opportunity to make thorough inspections prior to sale. 5. Any announcements made by the Auctioneer made on day of sale take precedence over printed information in ads, brochures, auction tags, vehicle information or sale catalog. 6. All parties acknowledge that Asset Management Specialists, Inc. is not, in any way, the agent of the Bidder/Buyer. The Auctioneer owes no fiduciary duties of loyalty and faithfulness to the Bidder/Buyer. 7. Pick up of merchandise may be made after payment has been made to the Auctioneer and verified by your bank. Titles will be mailed within 20 days after sale or as soon as possible. The Auctioneer is, in no way, responsible for the provision or transfer of title, which shall come from the Seller. Bidder/Buyer understands and agrees that Auctioneer is not responsible for obtaining or providing to the Bidder/Buyer a title, a replacement title or any other similar documentation including in the event that the title or other appropriate documentation of ownership is lost, stolen or not provided to the Auctioneer or not legally transferable to the Bidder/Buyer, the Seller will refund to the Buyer the amount of the purchase price. The refund of the amount of the purchase price shall be Buyer?s sole recourse or remedy and Buyer specifically waives any rights to any compensation or expenses, consequential damages, lost profits or any other damage. All buyers are responsible for completing transfer of title. The Government titles, guaranteed by the Government, have had errors. These errors have produced delays up to 90 days or longer. Southeast Auction Company will do everything in our power to speed up this process to eliminate future problems.Asset Management Specialists, Inc.will assist you in getting title but is in no way liable for producing that title. 8. Bidder/Buyer may pay with cash, money orders or cashier's check. Company or personal checks are acceptable as well only if accompanied by letter to the Auctioneer?s sole satisfaction from the Bidder/Buyer's bank guaranteeing payment in full. THERE WILL BE A 10% BUYERS PREMIUM. 9. If any check given as payment is returned for any reason, including, but not limited to, insufficient funds, or stop payment, Bidder/Buyer agrees that Bidder/Buyer is responsible for and required to pay all attorney's fees incurred by Auctioneer as a result thereof together with all court costs, arbitration costs and associated expenses. Additionally, in the event of non-payment, stopped payment or bad check, Bidder/Buyer understands, agrees and specifically conveys to the Auctioneer the right to repossess, at any place, including the Bidder/Buyer?s location or residence, the merchandise involved. 11. Should an article be sold with reserve, the Auctioneer may bid on the seller/owner's behalf in an amount not to exceed the reserve price. 12. At the maximum, all units must be removed from auction sale One (1) week from the auction date. This includes weekends, holidays, etc. Failure to remove within allotted time will result in a storage fee being due from Bidder/Buyer to Auctioneer on all days beginning on the fifteenth day (or the day after the announced allotted time, if different) until the unit is removed. The storage fee of $5.00 per day will be due and payable to Auctioneer at time or removal on each unit. Additionally, if items are not removed within the given time, the Auctioneer may, at its sole discretion, remove items or have items removed from the premises. The Bidder/Buyer will pay all costs for such moving/storage. Bidder/Buyer agrees that Auctioneer has no liability for loss or damage to items left for any period of time at the premises of the Auction or far liability for loss or damages during moving and storage made necessary by the Bidder/Buyer's failure to remove the item from Auctioneer?s premises within the given time and that Bidder/Buyer shall maintain insurance to cover any items purchased at the sale. As merchandise becomes the full responsibility of any Bidder/Buyer who purchases merchandise at time of the acceptance or the bid, the Bidder/Buyer assumes all risk of loss and damage to property from that point forward, including, but not limited to, the time that the merchandise remains on the premises of the Auctioneer. 13. The Bidder/Buyer acknowledges responsibility for any personal injury or property damage caused by Bidder/Buyer or his or her agent, and further agrees to hold Auctioneer harmless for any personal injury to himself or his agents and any property damage incurred on sale premises. 14. The terms and conditions of this contract cannot be altered or changed, except by agreement in writing executed by all parties hereto, and shall insure to the benefits or, and be binding upon, not only the parties hereto, but also their respective heirs, successors, executors, administrators, and/or assigns. 15. If any provision of the contract shall for any reason be held to be invalid or unenforceable, such invalidity or enforce-ability shall not effect any other provision hereof, but this agreement shall be construed as if such invalid or unenforceable provision had never been contained herein. 16. Any controversy or claim between parties relating to the sale, negotiations, representation alleged to have made by sellers, owners or the Auctioneer or any of their agents or employees and/or the auction, and/or the purchase of the property described herein shall, on the written request of the Auctioneer (or if the claim involves them, the seller or owner) or Bidder/Buyer, be submitted to binding arbitration before a panel of not more than three arbitrators in Portland OR and such arbitration shall be governed by the Commercial Arbitration Association. All parties agree that any judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The parties understand and intend that this transaction involves ?commerce?, as defined in the United State Arbitration Act, 9 U.S.C. #1, and that this provision is enforceable there under. The parties agree to divide the cost of arbitration equally. 17. It is specifically intended by the Auctioneer and the Bidder/Buyer that the seller or owner of any item or property sold to the Bidder/Buyer or on which the Bidder/Buyer bids specifically including Asset Management Specialists Inc. shall be considered and is a third-party beneficiary to this Auction Registration, Bidding and Sales Agreement. The terms and conditions of this Agreement are meant and construed to inure to the benefit of any such seller or owner. 18. All transactions must clear through the office. Sales on the premises that do not clear through the office will be grounds for termination of business. Any persons caught side dealing will be revoked of privileges. 19. Loading of property is the responsibility of the bidder. Any Repairs are to be made by the bidder at his or her expense. 20. Seller and/or Auction Company or any of its affiliates are not responsible for checking or testing the propane system in any travel trailer sold.