Clark C500YS 25,000# Rough Terrain Forklift

TERMS OF AUCTION:  Complete Payment is Due Day of sale. Payment for purchases must be made in U.S. Funds by cash, cashier's check, personal check, or wire transfer. Credit Cards Accepted up to $6,000 with a 4% Service Fee. Charges Over $6,000 Require Prior Authorization. Larger purchases (Checks Over $5,000) must be accompanied by Letter of Credit from your bank for this particular auction and proof of identity.  No Letters of Credit for other auctions will be honored.  All checks will be made payable to Don Smock Auction Company.  All sales are subject to State Sales Tax laws.  The Bidder agrees not to stop payment on checks or disallow a sight draft and is responsible for any expenses due to collection of bad check, including, but not limited to reasonable attorney fees, costs of collection and court costs.    AUCTION PREMIUM:10% on the first $5,000 and 3% on the balance per item. Internet bidders will be charged an additional 3% premium. There will be a $100 document processing fee for all Titled Vehicles. Titles will be mailed via Certified Mail within 21 Business Days. Due to bank payoffs etc., some titles may take longer than 21 business days. Please verify we have title on hand before bidding if this would be a problem. We will charge a $150 fee for lost titles to cover duplicate & speed title fees.  SALES TAX: We must collect sales tax unless you provide a tax-exempt certificate. Bill of Lading is not acceptable tax-exempt certification. Any Requests for Refund of Sales Tax Must be Made Within 14 Days of Auction.  PRE-AUTHORIZATION: Bidder hereby consents, agrees and authorizes DSA to charge their credit card for the amount due plus administrative fees if payment is not received on auction day. Bidder further agrees and authorizes DSA to place a hold of $500 on Bidders Credit Card for pre-approval of Bidder to participate and bid online. Bidder hereby consents, agrees and authorizes DSA to capture the amount of the hold if credit card payment is declined. Deposits paid to bid in the auction are processed as a HOLD on the funds in your account. If no purchase is made the hold is released within 3-5 business days after the auction.  PICKUP OF ITEMS:  Bidder shall be required to comply with the DSA advertised pickup terms and conditions. If Bidder fails to pick up all purchased items within 14 days of the advertised pickup terms and conditions, DSA has the absolute right to sell said items and retain all monies received plus DSA shall have the right to charge additional administrative fees which may include, but not be limited to, storage costs, late fees, costs of collection (including reasonable legal fees and costs) and all other actual damages incurred by DSA.  Further, if an item is sold at an off-site location, Bidder additionally shall reimburse DSA for any and all required trucking costs as a result of Bidder’s failure to pick up the item in compliance with DSA’s advertised pickup terms and conditions.  ADDITIONAL PAYMENT TERMS:  All items purchased by Bidder shall be paid by Bidder within 24 hours of receiving an invoice from DSA.  ADDITIONAL LEGAL RIGHTS: DSA reserves the right to take legal or debt collection actions against a Bidder and DSA shall be allowed to share data and information with necessary parties, such as law enforcement, debt collection agencies and credit bureaus.  NO WARRANTY: The descriptions of items appearing in advertising prior to this auction are believed to be correct. Nevertheless, neither those descriptions nor any oral statements made by the Owner, its Officers, Agents and Employees of Auctioneer concerning any item shall be construed as a warranty, either express or implied AS TO THE CONDITION OF THE MERCHANDISE. ITEMS ARE SOLD AS IS - WHERE IS with absolutely no expressed or implied warranty whatsoever. I, the Bidder, have examined this merchandise and accept it the way it is and by execution herein below I waive and disclaim any express or implied warranties, including but not limited to, fitness for a particular purpose; UCC warranties and manufacturers warranties. Further, it is the sole responsibility of the Bidder to verify the viability of any item purchased.  AUCTION CLOSING TIMES AND TECHNICAL DIFFICULTIES: Our Online Auction closings are set with a delay between lot closings. This is to help you with bidding on multiple items in the same auction. Our auctions are NOT set to close all lots at one time. In the event of any website malfunctions, or technical difficulties, the bidding for the entire auction will be reopened, and set to a later closing time. This does not include difficulties with you as the buyer’s internet or bidding equipment. In the event of any technical difficulties, you as the buyer hold Don Smock Auction Co., Inc’s harmless for any damages, or cost incurred.  ALL ANNOUNCEMENTS MADE THE DAY OF THE SALE TAKE PRECEDENCE OVER ANY PRINTED MATERIAL. Some items may have a reserve. Neither the items nor the reserve will be disclosed.  Items must be removed from the auction site within our advertised pick-up times to avoid storage fees. DSA does not arrange with online bidders or any other bidder for storage, shipping & insurance for items that they purchase.  That is Bidders’ sole responsibility.