Savage 222 Cal.

WILSON REALTY AND AUCTION EQUIPMENT DIVISION BIDDER’S TERMS OF SALES AND RULES OF THE AUCTION WILSON REALTY AND AUCTION (AUCTIONEER"} MAKES NO GUARANTEE OR WARRANTIES OF ANY NATURE WHATSOEVER, EXPRESSED OR IMPLIED. STATUTORY OR OTHERWISE. AS TO (BUT WITHOUT LIMITATION TO) CONFORMITY TO ANY SAFETY DESIGN OR POLLUTION STANDARD OR TO ANY OTHER STANDARD OR REQUIREMENT OF ANY APPLICABLE AUTHORITY, LAW OR REGULATION, FITNESS FOR ANY PARTICULAR PURPOSE. AND OR MERCHANTABILITY OR PARTICULAR AGE, YEAR OR MANUFACTURE. MODEL. SERIAL OR ANY OTHER NUMBERS, MAKE. CONDITION OR MILEAGE. EACH AND EVERY SALE SHALL BE MADE AND ACCEPTED AS IS, WHERE IS, AND AT BIDDER’S RISK. THE BIDDER SHALL BE RESPONSIBLE FOR ALL COSTS AND PERFORMANCE OF ANY REPAIRS. INCLUDING BUT NOT LIMITED TO REPAIRS AND MODIFICATIONS NECESSARY, IF ANY. TO PROTECT FULLY THE OPERATOR OR ANY OTHER USERS OR BYSTANDERS AT ALLTTMES IN ACCORDANCE WITH PREVAILING FEDERAL, STATE, AND LOCAL CODES, AND INDUSTRY ACCEPTED STANDARDS. DO NOT BID UNLESS YOU HAVE DETERMIINIED THE CONDITION OF THE LOT FROM YOUR OWN EXAMINATION 1. ANY ANNOUNCEMENT BY AUCTIONEER TAKES PRECEDENGE OVER ANY PRINTED MATTER PERTAINING TO THIS AUCTION. 2. AUCTIONEER RESERVES THE RIGHT TO REFUSE REGISTRATION TO ANYONE AND TO REJECT THE BID OF ANYONE WHO HAS NOT REGISTERED AND OBTAINED A BIDDING NUMBER. ANYONE BIDDING FOR AN ACCOUNT OTHER THAN HIS OWN MUST REGISTER AS SUCH. NO PERSON SHELL HID ON ANY PROPERTY AS TO WHICH HE EITHER IS ACTING ON THE BEHALF OR IS IN FACT IS THE SEI1ER. BY REGISTERING, BIDDER WARRANTS AND REPRESENTS THAT HE IS AUTHORIZED TO BID ON BEHALF OF THE PARTY REPRESENTED (HEREIN AFTER THE ‘PRINCIPAL"). IF THE PRINCIPAL SHOULD FAIL TO MAKE PAYMENT ON THE GOODS FOR ANY REASON WHATSOEVER. BIDDER EXPRESSLY ASSUMES AND UNDERTAKES FULL AND COMPLETE RESPONSIBILITY FOR PAYMENT OF THE PURCHASE PRICE OF THE ITEM(S) PURCHASED. 3. FULL SEITLEMENTTO BE MADE DAY OF SALE. BIDDER OR PRINCIPAL IS NOT ENTITLED TO POSSESSION OF ANY OF HIS PURCHASES UNTIL THE TOTAL PRICE OF ALL HIS PURCHASES HAS BEEN FULLY PAID IN CURRENTLY COLLECTABLE FUNDS. EXCEPT AS NOTED, BIDDER MUST PAY FOR ALL PURCHASES IN U.S. FUNDS THE DAY OF THE AUCTION BY CASH, CASHIER'S CHECK, TRAVELERS CHECK, OR WIRE TRANSFER MADE PAYABLE TO WILSON REALTY AND AUCTION. DURING REGISTRATION, ANY BIDDER PLANNING TO PAY IN CASH MUST LEAVE A CASH DEPOSIT IN AN AMOUNT DETERMINED BY THE AUCTIONEER. ANY BIDDER WANTING TO PAY BY CASHIER‘S OR TRAVELERS CHECK MUST ALLOW AUCTIONEER TO INSPECT SAME. AND ANYONE WISHING TO PAY WIRE TRANSFER MUST PROVIDE BANK, CONFIRMATION OF THE AVAILABILITY OF FUNDS. FOR PURCHASES TO BE PAID BY A PERSONAL OR COMPANY CHECK OR TO BE FINANCED BY A COMMERCIAL BANK OR CREDIT COMPANY, BIDDER MUST PRESENT AT REGISTRATION A LETTER FROM THE FINANCIAL INSTITUTION GUARANTEEING IMMEDIATE PAYMENT TO AUCTIONEER. NO DRAFTS ACCEPTED. IN THE EVENT OF BIDDER OR PRINCIPAL’S FAILURE TO COMPLY WITH THESE SETTLEMENT PROVISIONS (1) BIDDER OR PRINCIPAL SHALL BE LIABLE FOR INTEREST ON OVER DUE AMOUNTS, AT THE LESSOR OF %18 PER ANNUM OR THE MAXIMUM RATE PERMITTED BY STATE LAW, FOR ALL COSTS OF COLLECTION (INCLUDING ATTORNEY‘S FEES, COURT COSTS, RECLAMATION AND RESALE EXPENSES), AND FOR ANY OTHER CONSEQUENTIAL DAMAGES, AND (2) AUCTIONEER AS SELLER‘S AGENT HAS A POSSESSORY LIEN ON ALL PURCHASES OF THE BIDDER OR PRINCIPAL AND HAS THE RIGHT ID RESELL SUCH PURCHASES, AS PROVIDED IN PARAGRAPH 8. WITHOUT NOTICE TO BIDDER OR PRINCIPAL. BY BIDDING ON ITEMS IN THE AUCTION, BIDDER REPRESENTS TO THE AUCTIONEER: (I) BIDDER OR PRINCIPAL IS FINANCIALLY SOLVENT. (2) ANY AND ALL CHECKS ISSUED BY BIDDER AND PRINCIPAL WILL BE HONORED, AND (3) DISHONOR OF ANY SUCH CHECK IS CONCLUSIVE EVIDENCE BIDDER OR PRINCIPAL IS INSOLVENT AND ENTITLES AUCTIONEER TO THE REMEDIES AVAILABLE UNDER SECTION 2.702 OF THE UNIFORM COMMERCIAL CODE. 4. THE PROPERTIES SHALL BE SOLD TO THE HIGHEST BIDDER AS DETERMINED BY AUCTIONEER, WITH NO MINIMUM. RESERVATION, OR BUY-BACK, EXCEPT FOR CERTAIN PROPERTIES, IF ANY, ANNOUNCED BY AUCTIONEER AND OR LISTED IN THE AUCTION CATALOG WITH WILL BE SOLD WITH MINIMUM OR RESERVATION (“SUBJECT TO MINIMUM OR SUBJECT TO CONFIRMATION”). WHEN THE HAMMER FALLS AND A BID IS CLAIMED BY TWO OR MORE BIDDERS, THE AUCTIONEER SHALL REOPEN THE BIDDING BETWEEN THE TIED BIDDERS AND PROCEED UNTIL THERE IS ONLY ONE HIGH BIDDER. THE AUCTIONEER SHALL AT HIS OWN DISCRETION DECIDE WHETHER A “LATE BID” IS MADE BEFORE THE HAMMER IS STRUCK DOWN. ALL SALES ARE FINAL WHEN THE AUCTIONEER DECLARES THE ITEM SOLD. 5. ALL APPLICABLE SALES, USE, TRANSFER OR EXCISE TAXES SHALL BE ADDED TO THE PURCHASES UNLESS THE BIDDER OR PRINCIPAL, PRIOR TO THE AUCTION, FILES WITH AUCTIONEER PROOF OF EXEMPTION FROM ALL SUCH TAXES IN A FORM SATISFACTORY TO THE AUCTIONEER AND THE APPLICABLE GOVERNING AUTHORITY FOR THE LOCALE IN WHICH THE AUCTION IS HELD. BIDDER AND PRINCIPLE SHALL REIMBURSE AUCTIONEER FOR ANY SALES TAX NOT PAID BY BIDDER OR PRINCIPLE WHICH AUCTIONEER IS COMPELLED TO PAY. 6. NO SALE SHALL BE INVALIDATED AND NO LIABILITY SHALL BE DONE BY THE AUCTIONEER OR SELLER DUE TO ANY DEFECT, ERROR OR INACCURACY OF DESCRIPTION OF THE LOT EITHER IN THE LISTING CATALOG, IN ANY ADVERTISING, MARKETING OR OTHER PRINTED MATERIALS, OR IN ANY STATEMENT BY AUCTIONEER OR HIS AGENTS, SERVANTS OR EMPLOYEES. ALL SUCH WRITTEN MATERIAL AND STATEMENTS ARE MERELY DESCRIPTIVE GUIDES, AND ALTHOUGH THEY HAVE BEEN COMPILED FROM SOURCES DEEMED RELIABLE, NEITHER AUCTIONEER NOR SELLER GUARANTEES OR WARRANTS THEIR ACCURACY. ALL PURCHASES MADE BY BIDDER SHALL BE BASED SOLEY UPON BIDDERS PERSONAL INSPECTION AND/OR OPINION OF THE EQUIPMENT, AND BIDDER HEREBY ACKNOWLEDGES THAT ALL ITEMS WERE AVAILABLE FOR INSPECTION PRIOR TO THE AUCTION. 7. BIDDER AND PRINCIPAL ACCEPT A LOT AT THE TIME BIDDERS MAKES A SUCCESSFUL BID, AND IMMEDIATELY UPON SUCH ACCEPTANCE,TITLE TO AND ALL RISKS OF LOSS AND THEFT OF PROPERTY PASS TO BIDDER OR PRINCIPAL. BIDDER OR PRINCIPAL IS RESPONSIBLE TO INSURE PURCHASES IMMEDIATELY AND TO REMOVE ALL PURCHASES FOR THE AUCTION SITE WITHIN 7 DAYS AFTER THE SALE IN ACCORDANCE WITH THE PROCEDURES ANNOUNCED OR POSTED AT THE SALE. BIDDER OR PRINCIPAL IS RESPONSIBLE TO REPAIR AND RESTORE ANY DAMAGE TO REAL PROPERTY OR PERMANENT IMPROVEMENTS CAUSED BY REMOVAL OF THE GOODS PURCHASED. BIDDER OR PRINCIPAL SHALL BEAR ALL COSTS, RESPONSIBILITIES AND RISK OF SUCH REMOVAL, INCLUDING PERFORMANCE BY HIRED TRUCKERS. AUCTIONEER RESERVES THE RIGHT TO REQUIRE PROOF OF ADEQUATE INSURANCE COVERAGE FROM ANY BIDDER OR PRINCIPAL OF LOTS REQUIRING DISMANTLING,RIGGING TO HOT CUTTING.BIDDER OR PRINCIPAL AGREES TO INDEMNIFY AND HOLD HARMLESS THE AUCTIONEER FROM ANY DAMAGE TO PROPERTY OR INJURY TO PERSON, INCLUDING BIDDER'S OR PRINCIPAL'S OWN EMPLOYEES, OR LOSS OF LIFE OCCASIONED, DIRECTLY OR INDIRECTLY, BY THE ACTS OF BIDDER AND/OR BIDDER'S OR PRINCIPAL'S REPRESENTATIVES, AGENTS OR EMPLOYEES IN CONNECTION WITH THE DISMANTLING OR REMOVAL OF ANY LOT. IN THE EVENT A BIDDER OR PRINCIPAL FAILS TO REMOVE ANY LOT WITHIN THE TIME SPECIFIED ABOVE, SUCH LOT, AT THE DISCRETION OF THE AUCTIONEER AND WITHOUT NOTICE, MAY BE DEEMED TO HAVE BEEN ABANDONED TO THE AUCTIONEER, AND AUCTIONEER, AT HIS SOLE DISCRETION, SHALL HAVE THE RIGHT TO RESELL SUCH LOT AS PROVIDED IN PARAGRAPH 8 OR TO REMOVE AND STORE SAID LOT AT BIDDER'S OR PRINCIPAL'S SOLE RISK AND EXPENSE. BIDDER OR PRINCIPAL SHALL BE LIABLE FOR ANY RENT INCURRED OR DAMAGES SUSTAINED BY AUCTIONEER DUE TO BIDDER'S OR PRINCIPAL'S FAILURE TO REMOVE ANY LOT WHEN DUE. NO LOTS MAY BE REMOVED UNTIL THE END OF THE AUCTION. 8. AUCTIONEER RESERVES THE RIGHT TO RESELL ANY ITEMS NOT FULLY SETTLED ON THE SALE DATE IN ACCORDANCE WITH PARAGRAPH 3 AND/OR ANY PROPERTY DEEMED ABANDONED TO AUCTIONEER AS DESCRIBED IN PARAGRAPH 7 ABOVE. SUCH ITEMS MAY BE RESOLD WITHOUT NOTICE TO BIDDER OR PRINCIPAL, AND BIDDER OR PRINCIPAL SHALL BE RESPONSIBLE TO AUCTIONEER AND SELLER FOR ALL EXPENSES OF ANY NATURE WHATSOEVER RELATING TO SUCH RESALE AND COLLECTION AND FOR DAMAGES OF ANY NATURE WHATSOEVER TO AUCTIONEER AND/OR SELLER RESULTING FOR SUCH RESALE. SUCH EXPENSES AND DAMAGES SHALL INCLUDE , BUT SHALL NOT BE LIMITED TO, COMMISSION OF 12% AND ANY DEFICIENCY ARISING BETWEEN THE AMOUNT OF THE INITIAL SALES PRICE AND THE NET AMOUNT BROUGHT UPON SUCH RESALE. AUCTIONEER MAY, AT HIS SOLE OPTION, ELECT TO RETAIN ALL MONIES DEPOSITED IN PART PAYMENT AS LIQUIDATED DAMAGES AND OTHERWISE CANCEL BIDDER'S OR PRINCIPAL'S CONTRACT OF PURCHASES. 9. AUCTIONEER MAY, AT ANY TIME AND AT HIS SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY TO BIDDER OR PRINCIPAL WITHDRAW OR CANCEL THE SALE OF ANY LOT, OR OFFER ANY LOTS IN GROUPS OR WITH SPECIAL TERMS. AUCTIONEER RESERVES THE RIGHT TO ACCEPT OR REJECT ANY BID WHICH IS MERELY A FRACTIONAL ADVANCE OVER THE PRECEDING BID. 10. ALL NECESSARY DOCUMENTS OF SALE, IF AVAILABLE,WILL BE DELIVERED TO THE BIDDER OR PRINCIPAL UPON PAYMENTS IN FULL OF THE PURCHASE PRICE IN CURRENTLY COLLECTIBLE FUNDS. IN THE CASE OF PAYMENT BY CHECK, ANY TITLES, BILL OF SALE AND OTHER DOCUMENTS OF SALE WILL BE MAILED TO BIDDER OR PRINCIPAL WITHIN 20 BUISNESS DAYS OF SATISFACTORY COLLECTION OF SUCH FUNDS. ACCEPTABILITY OF TITLES AND DOCUMENTS OF SALE ARE SUBJECT TO THE MAKING AVAILABLE OF SAME TO AUCTIONEER BY SELLER. TITLES AND DOCUMENTS OF SALE PROVIDED WILL BE PREPARED TO BE EFFECTIVE ONLY IN THE STATE IN WHICH THE AUCTION IS BEING CONDUCTED. IN THE EVENT AUCTIONEER, FOR ANY REASON WHATSOEVER, IS UNABLE TO MAKE AVAILABLE, TO EFFECT DELIVERY, OR TO OBTAIN THE NECESSARY DOCUMENTATION REQUIRED TO OBTAIN CLEAR TITLE TO SUCH ITEM, WHETHER BEFORE OR AFTER DELIVERY OF ANY ITEM, OR IN THE EVENT BIDDER OR PRINCIPAL IS UNABLE TO OBTAIN POSSESSION OF ANY ITEM PURCHASED WITHIN A REASONABLE TIME OF THE AUCTION, AUCTIONEER'S SOLE LIABILITY, IF ANY, SHALL BE THE RETURN OF ANY MONIES PAID ON SUCH ITEM UPON RETURN OF THE ITEM IN QUESTION. ANY ITEM WHICH SHALL HAVE BEEN DELIVERED SHALL BE RETURNED OR SURRENDERED TO AUCTIONEER IF, WITHIN AUCTIONEER'S SOLE DISCRETION, AUCTIONEER SHALL MAKE SUCH DEMAND FOR RETURN. 11. BIDDER ACKNOWLEDGES THAT AN AUCTION SITE CAN BE A POTENTIALLY DANGEROUS PLACE AND IMMEDIATELY UPON REGISTRATION, IF NOT BEFORE, SHALL SO NOTIFY HIS AGENTS, SERVANTS, EMPLOYEES AND OTHERS ACCOMPANYING HIM. THE AUCTION SITE SHALL INCLUDE ANY LOCATION WHERE A LOT IS LOCATED FOR DISPLAY AND/OR REMOVAL, AS WELL AS WHERE THE ACTUAL BID CALLING IS CONDUCTED. BIDDER AGREES TO INDEMNIFY AND HOLD HARMLESS AUCTIONEER AND ITS RESPECTIVE OFFICERS, EMPLOYEES, SERVANTS AND REPRESENTATIVES FROM AND AGAINST ANY AND ALL CLAIMS,LOSSES,DAMAGES,INJURIES,LIABILITIES,COSTS AND EXPENSES OF WHATSOEVER KIND OR NATURE (INCLUDING ATTORNEY'S FEES AND COSTS) FOR ANY INJURY OR DEATH TO ANY PERSON OR PERSONS WHOMSOEVER,INCLUDING BIDDER'S OR PRINCIPAL'S OWN EMPLOYEES, OR FOR DAMAGE OR INJURY IS OCCASIONED,DIRECTLY OR INDIRECTLY, BY THE ACTIONS OF OMISSIONS OF THE BIDDER, HIS AGENTS, SERVANTS OR EMPLOYEES. THE INDEMNITY AGREEMENT EXTENDS TO AND INCLUDES ANY CLAIM ARISING OUT OF INJURY TO BIDDER'S OWN EMPLOYEES THAT AUCTIONEER WAS NEGLIGENT IN THE PERFORMANCE OF OR FAILURE TO PERFORM ANY INSPECTION, MAINTENANCE, MODIFICATION, OR REPAIR OF THE AUCTION SITE, OR THAT AUCTIONEER FAILED TO WARN OF ANY DANGEROUS CONDITION AT THE AUCTION SITE. 12. BIDDER OR PRINCIPAL IS RESPONSIBLE FOR SHIPPING COSTS INCLUDING PACKAGING AND HANDLING. BIDDER AND PRINCIPAL HAS ONE WEEK FROM DATE OF AUCTION TO ARRANGE PICK UP OF EQUIPMENT. AFTER THE GRACE PERIOD A STORAGE FEE OF $10 PER DAY WILL BE ASSESSED. 13. FOR FIREARMS BIDDER OR PRINCIPAL WILL BE CHARGED A $25FEE PAYABLE TO jw CUSTOM GUNSMITHING OF 1018-B WEST ELM SALINA KS 67401 TO ASSIST IN PROCESSING PAPERWORK AND LICENSES AND PACKAGING FOR SHIPMENT. 13. BIDDER AND/ OR PRINCIPAL UNDERSTAND THAT AS AN AUCTIONEER OF USED EQUIPMENT, WILSON REALTY AND AUCTION SERVICE DOES NOT ASSUME ANY RESPONSIBILITYFOR THE DESIGN, MANUFACTURE ADEQUACY OF WARNINGS, CURRENT CONDITION OR FITNESS OF THE EQUIPMENT AUCTIONED. THE BIDDER OR PRONCIPAL THEREFORE IS SOLEY RESPONSIBLE TO INSPECT ALL EQUIPMENT TO INSURE IT IS IN A CONDITION WHERE IT CAN BE SAFELY USED, TO PROVIDE PROPER SAFETY DEVICES AND EQUIPMENT OR MEANS TO MEET ALL GOVERNMENTAL SAFETY STANDARDS, AND TO NOTIFY ALL PERSONS OPERATING THE EQUIPMENT AS TO ALL ATTENDANT DANGERS. THE BIDDER OR PRINCIPAL HEREBY ASSUMES THESE RESPONSIBILITIES AND AGREES TO INDEMNIFY AND HOLD THE AUCTIONEER AND SELLER HARMLESS FROM ANY FUTURE CLAIM, LOSS, DAMAGE, INJURY, LIABILITY, COST AND EXPENSES OF WHATSOEVER KIND OR NATURE (INCLUDING ATTORNEY'S FEES AND COSTS) MADE BY ANY PERSON OR PERSONS WHOMSOEVER, INCLUDING BIDDER'S OR PRINCIPAL'S OWN EMPLOYEES, PERTAINING TO: (1) FITNESS OR USE OF THAT ASSET AS PURCHASED; (2) PROVISION OF PROPER SAFETY DEVICES OR EQUIPMENT;(3) NOTIFICATION AND WARNING OF BIDDER AND HIS PRINCIPAL AND HIS REPRESENTATIVES, AGENTS, EMPLOYEES, ANY OTHER USERS OR SUBSEQUENT BUYERSAS TO THE DANGERS AND RISKS ATTENDING OPERATION OF THE EQUIPMENT; AND (4) THE CONDITION OF THE EQUIPMENT . THIS INDEMNITY AGREEMENT EXTENDS TO AND INCLUDES ANY CLAIM THAT THE EQUIPMENT IN QUESTION WAS OR IS DEFECTIVE OR UNREASONABLY DANGEROUS OR THAT SELLOR OR ITS AGENTS WERE NEGLIGENT IN THE SALE OR FURNISHING OF THE EQUIPMENT, FAILURE TO INSPECT, PERFORMING OR FAILING TO PERFORM ANY REPAIR OR MODIFICATION, FAILURE TO WARN, OR ANY OTHER CLAIMOF NEGLIGENCE. 14. THE BIDDER'S TERMS OF SALE AND RULES OF THE AUCTION SHALL BE GOVERNED BY AND INTERPRETED PURSUANT TO AND UNDER THE LAWS OF THE STATE OF KANSAS. AUCTIONEER AND BIDDERS AND /OR PRINCIPALS AGREE AND CONSENT THAT THIS AGREEMENT SHALL BE PERFORMABLE IN SALINE COUNTY, KANSAS AND THAT JURISDICTION AND VENUE OF ANY LAWSUIT ARISING IN ANY WAY FROM THE AUCTION OR EVENTS OCCURING AT THE AUCTION SITE SHALL BE CONFERRED UPON THE COURTS OF SALINE COUNTY, KANSAS