Komatsu 228U --LC Excavator Cladwell TX

This is a live simulcast auction that is selling on multiple online platforms. By registering for this auction and bidding in it you are agreeing to all the terms and conditions listed below. 1. All Items Sold as is where is, subject to sellers’ conformation (some items will be sold offsite) check the description. 2. The listing catalog is to be used a guide and guide only, its accuracy can not in any way be guaranteed or warranted. No sale shall be invalidated; nor shall Auctioneers be liable for any inaccuracies in the catalog and each bidder assures that all lots were available prior to the offering for pre-inspection prior to bidding. 3. When the bidder bids on an item and the Auctioneer recognizes the bid, it is a LEGALLY BINDING AGREEMENT, and as such is not removable and shall hold as statement of fact. 4. Auctioneers shall not for any reason be responsible for loss, theft, or damage of any kind to any items purchased, the items security and protection solely reside with the purchaser. PAYMENTS: 1. The amount owed to the Auction Company will be carefully and accurately represented and shown on Company generated invoice, no 3rd party invoice or receipt communications shall be considered binding nor accepted as amount owed. 2. All payments are due on the day of the auction for onsite buyers and within 2 business days for online buyers!!! Wire transfers are preferred within in 2 business days from auction conclusion. Cash and Checks will only be accepted in the office and only on the two immediately following business days after the auction. Checks will only be accepted with a bank letter of guarantee on all money paid with a check. Credit cards will be processed at the buyers request for all buyers whose invoice total is less than $2,500 and will be subject to all fees and taxes associated. As a registered bidder you are agreeing to have your credit card processed to pay for any items you are the winning bidder of by end of business of the second day unless other arrangements are made with the office in advance. 3. All tax exemptions must be sent to the office prior to invoices being paid. No refunds will be given for sales tax exemptions once payments are processed. Please inform us if you are tax exempt. Texas Sales tax is 6.25% with TERP tax 1.5% applying to those pieces with 50 hp diesel engines, or greater (all vehicle and trailer taxes will be collected at the time of registration NOT AT THE AUCTION) 4. All items with a transferring title are subject to $25 processing fee and all taxes will be paid to your county of registration, titles will be mailed out within 10 days after the items are removed from location. 5. Buyer's Premium is tiered (sliding scale, compounding). Buyer's Premium is tiered (sliding scale, compounding). 8% for the first $15,000, and 5% for the next $25,000 and 3% on the remainder. All premiums are based on the onsite and cash discounts being incurred. Online buyer's fee adds 3% and all balances processed on credit cards will incur an additional 4.5%. 6. If payment is not received within 2 business days, the buyer may be expected to pay late penalties of 10% and/or their credit card being processed and/or being reported to Proxibid for nonpayment and you will be blocked from any further bidding. 7. All items are subject to being pulled from the auction up to and including day of the auction for any reason that Auction Company deems fit, without prior notification. 8. All items are expected to be picked up within 10 business days following the auction. Any items not picked up within the described window and/or prior arrangements have not been made and acknowledged by the Auction Company in writing, will be stored at a secure facility subject to storage and handling fees. After 30 days from the auction date the items will be sold ABSOLUTE in our next auction and at the new owner's expense. All fees and charges including storage and commissions will be deducted from the sales price and the balance will be sent to them in the form of a company check mailed to their address on file. 9. All items are sold AS IS WHERE IS with NO warranties expressed, implied, nor suggested in relations to the condition, merchantability, or usefulness of any item offered for sale. All information is gathered from what is believed to be reliable sources and is believed to be correct, but not guaranteed. Bidders will hold harmless LEAP Auctions LLC and its representatives, as LEAP Auctions LLC assumes no liability for errors or omissions in the listing including hour meter and mileage readings, they are represented but unverified information and accuracy is not guaranteed. LEAP Auctions LLC will attempt to describe the merchandise, accurately, however the sole and complete responsibility to determine condition, age, genuineness, and value of each piece lies with the bidder and or their representatives. 10. All statements made by the auctioneer supersede anything previously mentioned or described in print or verbally. Please call prior to sale day and biding with any questions or concerns. 11. Auctioneers reserve the right to refuse any bid for any reason which they consider to be an insignificant advance over the preceding bid or is not in the best interest of the Seller. 12. Pre inspections are always welcomed and encouraged. Items will be available for preview based upon the times noted in the descriptions. Previewing the items is always recommended prior to bidding as all bidders are solely responsible for personally inspecting the item and verifying any information presented here or elsewhere. Items and their descriptions are subject to change, correction, updating and/or cancellation at any time without notice. 13. This auction is being performed on site and simulcast on multiple internet platforms, controlled by an independent 3rd party, and as such the functionality of the third party’s site is in no way the responsibility of LEAP Auctions LLC, thus no bidder may hold LEAP Auctions LLC responsible for missed bids, electronic transmissions sent from the 3rd party, nor technology challenges experienced prior to, on the day of auction, nor after the auction. Electronic communications between you the bidder and the bidding platform are just that communications between you and the bidding platform. LEAP Auctions LLC is in no way liable nor expected to honor the automatically generated communications from 3rd party entities. It is encouraged that to guarantee your bid is received that you place your maximum bid via the proxy bid option 24 hours in advance. 14. It is the Bidder's responsibility to know which item they are currently bidding on, the item becomes the property of the winning bidder, and it is their personal responsibility to protect and maintain the integrity of the item. The Auctioneer nor auction company takes any responsibility for the items once it has been sold. 15. No items will be released under any circumstances unless all cost, fees and taxes are paid in full and all signed paperwork has been returned. This is a reserved auction and will be a live virtual auction and live biding will take place on auction day. ALL SALES ARE FINAL! 16. By registering for this auction, you are authorizing LEAP Auctions LLC to use for their sole discretion your contact information to collect balances and contact you for promotion or advertising. 17. All disputes or legal matters will be addressed in mediation prior to other proceedings and will be conducted in Robertson County Texas. 18. LEAP Auctions LLC is licensed and regulated by the Texas Department of Licensing and Regulations. Any unresolved complaints should be directed to the Department at 920 Colorado Drive, Austin, TX 78701, 512-463-6599. Kinney Lester TX Lic# 17746