2015 Bomag BW145DH-5

1. The Auctioneers reserve the right to refuse any applicant a bidding card, the privilege of bidding at this auction sale, and to revoke such privilege at any time. 2. All descriptions of equipment in this catalog are believed to be correct, however, neither the owner nor the auctioneers are responsible for any errors in description or conditions. The equipment is available to the public for inspection prior to the sale. The descriptions provided are merely a helpful guide, and are in no way a warranty or guarantee, actual or implied; i.e.: If catalog indicates there is a ROPS canopy on it and there isn’t one on the machine, ask before you buy it. Some books indicate different years for the same serial number. We do not guarantee years. Any announcements made sale day by the auctioneers regarding the sale of this equipment shall take precedence over any printed matter. 3. The Auction will be conducted by offering the items by lot either individually or in groups. The Bidder offering the highest bid accepted by the Auctioneers shall be the purchaser of the offered lot and no purchaser shall retract his bid. 4. If a Bidder is registered at this auction under several Bid Cards, all purchases under all Bid Cards shall be considered for the purposes of interpreting the Terms, as if purchased under a single Bid Card. A Buyer’s Premium of Ten percent (10%) will be charged on the first $2,500 of the “Hammer Price” and 3.9% on the rest for each item. All applicable sales tax will be added to the purchase price of all purchases deemed taxable in accordance with Federal, State and/or Local Laws. Buyers who purchase titled items will be charged a $75 processing fee per titled item. 5. The buyer is responsible for insuring items purchased from the moment their bid is accepted. Purchases shall be paid by cash, bank wire, cashier or certified checks; personal or company checks must have bank letter of guarantee. Buyer will take immediate possession upon proper settlement, all sales subject to state sales tax laws. Settlement can be made at any time during the sale; however, SETTLEMENT MUST BE MADE BY THE END OF AUCTION!!! An invoice will be supplied to the purchaser at the time of settlement. 6. No equipment is to be removed until complete settlement for all items purchased has been made. Equipment may be removed after payment with a valid checkout ticket available at the auction office. Buyers are responsible for breaking down equipment for transport. In the event a Bidder fails to pay for an item, the Auctioneer may, at his discretion, treat the purchased articles as property of the Bidder and will hold possession and could resell such item without notice to and at the Buyers expense and recover from the Buyer any loss or cost incurred from resale. 7. Any dispute arising as to any bidding shall be settled by the Auctioneers at their sole discretion and the Auctioneers may, immediately, put the lot in dispute up again for sale. The Auctioneers reserve the right to refuse any bid, which is considered to be an insignificant advance over the preceding bid. Bidder/Buyer is deemed to have accepted a lot when he makes a bid. 8. There shall be no guarantees or warranties, expressed or implied, statutory or otherwise of any nature whatsoever. Each and every lot will be sold as is, where is. Specifically, but not to restrict the generality of the foregoing, the auctioneers make no representation or warranty that any of the lots sold conform to any safety or pollution standard, law or regulation, are fit for any particular purpose, are merchantable, able to be financed, or are of a particular age, year of manufacture, model, make or condition. Bidder agrees that he has satisfied himself as to all matters relating to the items sold and is not relying on the Auctioneers, nor are Auctioneers liable, for any matter in respect of the above. 9. Auctioneers may, at any time, at their sole discretion and without notice or liability to Bidder withdraw or cancel the sale of any lot, or offer any lots in groups or with privilege. 10. No sale shall be invalidated by Buyer for any reason whatsoever. It is your sole responsibility to inspect each piece of equipment you wish to bid on. You must determine the condition of the machine and bid according to your own judgment. 11. If for any reason the Buyer fails to remove any lot within the time specified, the lot shall be deemed abandoned, and the Auctioneers, at their sole discretion may resell, remove and store the said lot at the Buyer’s sole risk and expense. In addition, Buyer shall be liable for any rent incurred or damages suffered by the Auctioneers because of Buyer’s failure to remove any lot. 12. If, for any reason whatsoever, the Auctioneers are unable to make available or otherwise effect delivery of any lot or clear title to same, or any necessary documentation required in respect of any lot, whether before or after delivery of such lot, the Auctioneer’s sole liability, if any, shall be the return of any monies paid on such lot upon return of the particular lot. Any lot the subject of this paragraph shall be returned or surrendered to the Auctioneers forthwith upon demand to be at the sole option of the Auctioneers. 13. Pre-Bids placed will be executed by the auctioneer, however, Auctioneer shall not be liable for any claims or costs arising from its failure to do so. However, Pre-Bids placed on lots passed or not sold due to reasons under the Auctioneers control will be automatically deemed null and void. Any system generated email messages or purchases added to an online account can be updated at any time to reflect a change. Pro-forma invoices are subject to change. 14. The Bidder acknowledges that an Auction Site is potentially dangerous place. Flammable, noxious, corrosive and pressurized substances are present, heavy equipment is being operated and electric circuits may be live. Every person at the Auction Site before, during and after the auction sale shall be deemed to be there at his own risk with notice of the condition of the premises or the activities on the premises. No person shall have any claim against the Auctioneers, their agents, employees, or principals for any injuries sustained nor for damages to loss property, which may occur from any cause whatsoever. 15. No titles will be given out on sale day. Titles will be mailed out by certified mail the later of, (1) ten banking days after the last day of the sale, or (2) ten banking days after payment of your item is received. 16. The Bidder, whether acting as principal, agent, officer or director of a company or otherwise, in any capacity whatsoever, and the company he represents, both jointly and severally agree: a. to indemnify and save harmless Auctioneers and its consignors from any and all actions, causes of action, suits, damages, costs and losses of any nature, arising from the purchase or use of any item, or the attendance or participation of Bidder, his agents or employees, at the auction sale and/or on the auction site whether before, during or after the auction sale b. to be responsible for the payment of the purchase price and taxes due on all of Bidder’s Purchases c. that all rights and defenses available to Auctioneers hereunder shall extend to the Consignor 17. Interest on overdue amounts will be paid by Purchaser at a rate of 18% per annum or at such other maximum rate as allowed by law, together with any collection, including attorney fees, incurred by Auctioneers. All returned checks will be charged a minimum service fee of $25. 18. Pre-Bids placed will be executed by the auctioneer, however, Auctioneer shall not be liable for any claims or costs arising from its failure to do so. Pre-Bids placed on lots passed or not sold due to reasons under the Auctioneers control will be automatically deemed null and void.