Bidspotter.com-Live Internet Auction Broadcasting-Live Event Information-2010-09-10

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Name

Saturn of Haverhill

Where

915 S. Main Street
Haverhill MA USA

When

Thursday, August 5th, 2010
Scheduled start time: 10:00 AM US Central Time

Selling Currency & Internet Fee/Buyer Premium

Currency: USD IF/BP:16.0%

Contact

Phone: (617) 500-5586
Email: bhyte@bkhco.com

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Repair Deaprtment - Showroom - Lifts - Alignment Machine

SALE TERMS and CONDITIONS - ALL SALES ARE FINAL

INSPECTION 9AM DAY OF SALE

There will be a credit card deposit required to participate in the amount of $100.00. Credit cards will be pre-authorized only and will not be charged until actual 
purchases have been made.

1.Buyer (identified below) acknowledges that s/he has 
conducted a thorough inspection of the merchandise being 
purchased hereunder. All merchandise is sold in an “AS-IS, 
WHERE-IS, and AS INSPECTED” condition WITH ANY AND ALL 
FAULTS.  The Seller (identified below) makes no warranties 
or guarantees, expressed or implied, as to the genuineness, authenticity or merchantability of, or defect in any item, and will not be held responsible for any discrepancies or inaccuracies in any printed materials or otherwise.  No warranties are made as to the merchantability of any item or its fitness for any purpose.  
2.Payment must be made by Buyer to Seller the day of sale 
and prior to any removal of any item purchased hereunder by cash, wire transfer, certified check, or “Bank Letter of Guarantee” in a form acceptable to the Seller, Visa, 
MasterCard or American Express.  When paying by credit card, Buyer is waiving any and all rights to initiate a credit card charge-back against the transaction and or the Seller.  Credit card transactions will appear on the Buyer's credit card statement as: BKHCO INC.  If paying by wire transfer the buyer has 48 hours to complete the transaction.  After 48 hours a daily penalty of $250 will be added to the sale amount.  Any wire transfer payment not received within seven (7) days of the sale date constitutes a breech of this contract.
3.Applicable state sales tax will be added to all purchases. Exempt Buyers must provide a copy of their sales tax exempt certificate to the Seller at the time of purchase.  Seller will retain this copy of the certificate for the sales records.  Buyers unable to provide a copy of this tax-exempt certificate to Seller at the time of purchase must pay all applicable taxes and seek refunds through appropriate government agencies.  Seller will not provide a tax refund.
4.Ownership title passes to Buyer upon the execution of this agreement and Seller's receipt of the payment referred to in Section 3 hereof, and thereafter the property is at the risk of the Buyer, and the Seller shall not be responsible for the loss or damage due to theft, fire, breakage, or any cause whatsoever, however occasioned.
5.Removal of the item purchased hereunder shall be at the 
sole expense, liability and risk of the Buyer and be 
completed by the date listed on the sales invoice.Buyer is 
responsible for providing all labor, material, insurance 
(fork lifts, dollies, ladders, tools etc) to properly 
execute removal and Buyer shall comply with all applicable 
laws and regulations related thereto. Before entry into the Building for removal by Buyer its agents, employees or 
contractors. Buyer is solely responsible to provide any 
personnel, equipment or material needed to pick up purchases and shall assume all responsibility for the removal of any item of property purchased at the sale and any and all risks associated with such removal including, without limitations, the responsibility for providing licensed and bonded professionals to ensure proper water, gas and/or power disconnections, and full financial responsibility for any damage or liability to persons or property resulting from any negligent act or omission of Buyer or any of Buyer's employees, agents and/or contractors during pick-up and removal.  Buyer and its agents and contractors shall not unreasonably interfere with Seller's business operations in the Building.  Buyer agrees that in the event purchased merchandise contains any environmental hazards, toxic waste or other type of hazardous material in any form whatsoever, Buyer shall provide to Seller evidence reasonably acceptable to Seller that Buyer or its representatives are licensed for such removal and shall comply with all applicable local, 
state and/or federal rules, laws and regulations.  Seller, 
its agents or representatives will not be responsible for 
containment, storage or removal of hazardous material.  
Buyer must remove all purchased items. 
6.Seller shall not be responsible for non-delivery to any 
Buyer of any item other than to refund the sum paid on any 
item, should Buyer be entitled to said refund due to Seller error.
7.The Seller reserves the right to withdraw any listed item from the sale, to sell items that are not listed, to group one or more items into one, to subdivide items and to sell any/all items in bulk.  
8.In the event the Buyer fails to comply with any of the 
terms and conditions of the sale, the Seller may collect 
from Buyer damages.  Buyer agrees to pay any and all charges and expenses incurred by reason of any breach of the terms and conditions of this sale, including, without limitations, reasonable attorneys' fees and reasonable attorneys' fees on appeal.  Any merchandise remaining at the removal site after the allotted removal period will be considered a breach of contract.  All rights to merchandise will be forfeited, all monies, including any Letter of Credit, will be retained by Seller and merchandise will be re-sold or otherwise immediately disposed of at Buyer’s expense and Buyer shall not be entitled to any monies associated with the sale of 
such merchandise. Buyer will lose any right, title or 
interest Buyer may have acquired and the merchandise shall 
revert and repossess to the Seller without further notice to Buyer.   Any disputes between the Buyer and the Seller must be filed and litigated in Boston, MA, without regard to choice of law provisions, and each party irrevocably submits to the jurisdiction of the Massachusetts courts in any such action, suit or proceeding.  The validity, meaning and effect of this agreement shall be determined in accordance with the laws of the State of Massachusetts.  In the event any action, proceeding or hearing is required to enforce any of the terms of this agreement, the prevailing party shall be entitled to recover its costs and expenses incurred therein, including reasonable attorneys' fees and reasonable attorneys' fees on appeal.
9.These written terms and conditions of sale supersede any 
other terms and conditions, either written or verbal and 
cannot be modified.  The terms of this agreement are for the benefit of Seller and Buyer and no third party shall have any rights hereunder.
10.Buyer shall not permit any liens to stand against the 
Building or any property related thereto or any portion 
thereof for any work done in the removal.  Without limiting the foregoing, Buyer shall, at its sole expense and within ten (10) days after receipt of written notice from Seller, cause any outstanding lien to be satisfied and released of record or transferred to bond in accordance with applicable law.
11.Buyer shall indemnify and hold Seller harmless from and 
against any and all loss, damage, liability or claims 
(including, without limitation, costs and expenses of 
litigation and reasonable attorney's fees [collectively 
"Claims"]) arising from or connected with this agreement, 
except to the extent such Claims are due to Seller's gross 
negligence or willful misconduct. Purchaser does hereby 
indemnify and hold harmless auctioneer and seller from any 
and all damages, claims or liabilities from injuries to 
persons or property of any type whatsoever caused during the sale or by the removal of items purchased and therefore will not be liable for anyone getting hurt.
12.If for any reason whatsoever, Seller is unable to effect delivery of any purchase or clear title to the same, or any necessary documentation required in respect of any purchase, whether before or after delivery of such purchase, Seller’s sole liability, if any, shall be the return of any monies paid on such purchase upon its return to Seller. Any purchase the subject of this paragraph shall be returned or surrendered to the Seller forthwith upon demand, such demand to be at the sole option of the Seller.
13.Buyer is to supply a performance bond at time of 
purchase, in the amount of $__________, for Guarantee of 
Completion by ________________.  Furthermore it is agreed 
that said bond will be released if the terms and conditions of the sale are adhered to and the completion deadline is met.  
14.You are signing a written, binding contract signifying 
that you have read these terms and all posted terms and 
agree to the terms and conditions of the sale.  If you do 
not agree or understand the terms and conditions of the 
sale, please return your bid card to registration.  The 
sales invoice identifies the merchandise being sold to Buyer and the date by which such merchandise must be removed.

If you agree to the terms and conditions above you may register for this event. Registering for this event means you agree to both the BidSpotter.com website terms and conditions and also BKHCO INC terms and conditions for this auction.

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