Killbros 350 Gravity Wagon

McKillip Machinery, 700 West 50 N Wabash, IN 46992 Phone: 260.274.9202 1st Annual Machinery Consignment Auction - December 17, 2021 Buyer's Signature serves as Confirmation of Purchase shown on Invoice and Acknowledgement to the reading and Agreement of The Buyer's Terms stated below. BUYER'S ACKNOWLEDGEMENT PURCHASE AND PAYMENT TERMS: This Acknowledgement is constructed to supplement the Terms and Conditions of Bidding. As the winning bid, Buyer agrees to pay the invoiced amount, plus all applicable taxes or fees, by the close of the Auction Date. Buyer shall pay via Cash, Check (add $25.00 fee for all Canadian checks), Credit Card (add 4 % processing fee to total invoice), or Wire Transfer. If Buyer pays by wire transfer, an additional $25.00 fee will be assessed for domestic wires and $50.00 for International wires. If paid by wire transfer or check, ownership transfers upon declaration of 'SOLD' by the Auctioneer, but removal of the purchase will not occur until the funds are confirmed, verified, paid or Auctioneer's approval in writing. Any check returned for insufficient funds shall incur a service fee of $50.00. If the Buyer fails to pay in full, Auctioneer shall be entitled to interest from the buyer at a rate of 18% on all unpaid sums. If Buyer deposited any amount in part payment, those amounts 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 indemnify and hold Auctioneer harmless from, and reimburse Auctioneer for, all loss, cost, expense and other damage (including reasonable attorney's fees and costs), directly or indirectly sustained by the Auctioneer, arising from or related to Buyer's failure to adhere to the terms of this Acknowledgement or the Terms and Conditions of Bidding. In the event of legal proceedings arising from this purchase, Buyer consents to being subject to the personal jurisdiction of the courts of the State of Indiana and agrees that the proper venue shall be in the Wabash County Superior Court, Indiana. 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 inspect and insure purchases. In Accordance with the Terms and Conditions of Bidding: All purchases shall be removed from the auction site without damaging any property and within 30 days of the date of the sale or as otherwise posted at the auction site. Items not picked up within 30 calendar days shall be returned to Seller's possession. All costs, responsibility and risk of such removal shall be borne by Buyer. If for any reason Buyer fails to remove any purchases within the time specified, the Auctioneer shall have the right but not the obligation, in its sole discretion, to resell, discard, or remove and store said purchase at Buyer's sole risk and expense, without waiving any rights that Auctioneer or Seller may have against Buyer. Buyer shall be liable for all storage charges and damages paid by the Auctioneer because of the failure to remove the purchase(s). Storage charges for any item(s) not removed within 30 days of the sale shall be assessed by the Auctioneer at a daily rate of $20.00 per day. Titled Items: For Titled vehicles, a $25.00 processing fee will be added to the total invoice due. Certificates of Title are mailed 14 business days post auction date via Certified Mail requiring signature at delivery. Applicable sale taxes are collected at time of purchase and completed Indiana Department of Revenue ST-108A Form will be mailed with the Certificate of Title. ALL ITEMS ARE SOLD 'AS IS- WHERE IS', WITH ALL FAULTS AND WITH NO GUARANTEES OR WARRANTIES OF ANY TYPE, EXPRESSED 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.