REARS MFG. 757 HD FLAIL MOWER, 7’ W/ 540 PTO & SIDE SWING OUT MOWING, 3 PT.

It is the Bidder’s responsibility to determine condition, age, genuineness, value or any other determinative factor. Sykora Auction Service, Inc. may attempt to describe the merchandise in advertising, on the Internet and at the auction but makes no representations. In no event shall Sykora Auction Service, 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 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 Bidder’s responsibility to determine condition, age, genuineness, value or any other determinative factor. Sykora Auction Service, Inc. shall endeavor to describe in detail each item and any pertinent information about it. Sykora Auction Service, 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. Sykora Auction Service, Inc. is providing Internet pre-auction 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 Sykora Auction Service, Inc. or anyone else if the Internet service fails to work correctly before or during the live auction. Sykora Auction Service, 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. Sykora Auction Service, Inc. reserves the right to withdraw or re-catalog items in this auction. TERMS & CONDITIONS PLEASE READ AND REVIEW THE TERMS THOROUGHLY PRIOR TO BIDDING IF YOU HAVE NOT READ AND UNDERSTAND THESE TERMS PLEASE DO NOT BID. BY BIDDING ON THIS AUCTION, BUYER AGREES TO ALL TERMS AND CONDITIONS SET FORTH AND ENTERS INTO A CONTRACTUAL AGREEMENT TO PURCHASE THE ITEM(S) UNDER THE FOLLOWING TERMS AND CONDITIONS: CATALOG: SYKORA AUCTIONS have put forth every effort in preparing the catalog for this auction to provide accurate descriptions of all items. All lots are sold AS-IS, WHERE-IS, with all faults, imperfections and errors of description. Due diligence is the responsibility of the bidder/buyer. Printed statements or descriptions by staff are provided in good faith and are matters of opinion. There is a 8% Buyers Premium PER ITEM added to your bid amount. All sales are final.DEFAULT OF BUYER: Successful bidders not paying for items WITHININ SCHEDULED PICKUP & LOADOUT TIMES FOR THIS AUCTION WILL BE considered in default. Such default by the Successful Bidder will result in that Bidders liability to both the Seller and SYKORA AUCTION SERVICE Seller shall have the right to (a) declare this contractual agreement cancelled and recover full damage for its breach, (b) to elect to affirm this contractual agreement and enforce its specific performance or (c) Seller can resell the items either publicly or privately with SYKORA AUCTION SERVICE and in such an event, the Buyer shall be liable for payment of any deficiency realized from the second sale plus all costs, including, but not limited to the holding/transporting/storage costs of the items, the expenses of both sales, legal and incidental damages of both the Seller and SYKORA AUCTION SERVICE. In addition, SYKORA AUCTION SERVICE also reserves the right to recover any damages separately from the breach of the Buyer. The purchaser agrees to pay all reasonable attorney fees and costs incurred by SYKORA AUCTION SERVICE in the collection of funds. Any debt collection or dispute proceedings will be litigated or arbitrated in Clare County, Michigan at the option of both the Seller and Sykora Auction Service. All items are sold as is where is and how is, with no warranties of any type expressed or implied concerning the merchandise/real property being sold. 6. Descriptions contained in the catalog are intended for general information purposes only. Please examine items/real estate carefully before bidding as NO REFUNDS will be given. 7. No one under the age of 18 years of age is permitted to register or bid. 8. After an item has been sold, it becomes the sole responsibility of the purchaser. All risk of loss passes to the buyer upon the declaration that the item has been sold. Any item purchased must be removed in its entirety. 11. The auctioneer may remove items from the sale at his discretion. 12. The auctioneer is the sole authority on any disputed bid, and his word is final. We reserve the right to correct any clerical errors and to re-invoice if necessary. 13. If a dispute arises out of this contract that cannot be settled through negotiation, the parties agree to try in good faith to settle the dispute by mediation before resorting to arbitration, litigation, or some other dispute resolution procedure. Any and all court proceedings resulting from a dispute are to take place in Clare MI. 14. ONLINE BIDDERS: BIDDING AND REGISTRATION INFORMATION: BIDDER VERIFICATION: Bidding rights are provisional, and if identity verification is questionable Sykora Auction has the right to reject the registration, and bidding activity will be terminated. The Seller and Sykora Auction reserve the right to preclude any person from bidding if there is any question as to the person's credentials, mental fitness, etc. Bidders agree to keep their username and password confidential as they are responsible for ANY and ALL activity involving their account. Auctioneers can view all bids including max. bids. Sykora Auction Service reserves the right to reject any and all bids for any reason and also reserves the right to cancel this auction, or remove any item or lot from this auction prior to the close of bidding. All decisions of Sykora Auction Service are final. Your bid on this auction indicates both an understanding and an acceptance of the terms of this contractual agreement between yourself and both Sykora Auction Service and the Seller and that you, as the Bidder, are prepared to purchase items under these terms and conditions. PLEASE READ: SYKORA AUCTION SERVICE INC. RESERVES THE RIGHT TO ENTER ABSENTEE BIDS ON BEHALF OF ANALOG BIDDERS OR THE SELLER AND ITS AGENTS. PERMITTING BIDS TO BE PLACED BY AUCTION COMPANY OR ITS AGENTS. While Proxibid's Unified User Agreement prohibits this behavior, in accordance with UCC 2-328, all terms have been forthcoming and by you the bidder accepted upon by registering and accepting such terms in this event!