Machinery's Handbook - Various Additions

Terms and Conditions

TERMS OF SALE

NOTICE: All Bidders and other persons participating in this sale agree that they have read and

have full knowledge of these terms and agree to be bound thereby.

1. IDENTIFICATION - All purchases are required to give full name and addresses at time of

registration. Auctioneer, at its sole discretion, may deny registration to any person or entity.

2. DEPOSIT & BIDDER APPROVAL - Each bidder will be required to post a deposit in

cash, certified check or bank letter of guarantee if stated or maybe required to continue bidding

if monetary threshold has been reached. Failure to make a required deposit may result in

suspension of bidding privileges.

3. TIME OF PAYMENT – All invoices must be paid in full within 48 hours of the sales

conclusion. Any other arrangements must be made with the Auctioneer prior to bidding. If not, the merchandise will be deemed abandoned, and Buyer will lose any right, title or interest Buyer may have acquired and the merchandise shall revert and repossess to Auctioneer without further notice to Buyer and the transaction shall be null and void as to Buyer.

4. REMOVAL - All purchases must be removed not later than the date specified in the

Auction Catalogue and/or announced on the website. In any case, No later than 14 days after the close of the sale.  All goods are sold “Where Is”. Removal shall be at the expense, risk and

liability of the Buyer. Purchases will be delivered only on presentation of paid bill. Auctioneer

shall not be responsible for goods not removed within the time allowed, but shall have the option to remove and store at the expense and risk of the Buyer any article purchased, but not paid for and removed within the time aforesaid.

5. MANNER OF PAYMENT – All payments must be made by cash, cashier’s check or

company check with a bank letter of authorization guaranteeing funds to Machinery Unlimited, LLC.  All checks for deposits and balances due shall be payable to the order of

“Machinery Unlimited, LLC.  " All invoices must be paid to the Auctioneer at the

office address 6016 Sylvan Green Road, Sylvania, Ohio 45360 unless otherwise announced. The full purchase price on all lots sold to the same Buyer must be paid within the time fixed and before removal of any goods. The Auctioneer does not accept any form of credit card for payment.

6. CONDITION OF ARTICLES SOLD: Neither the auctioneer nor the seller shall be responsible for the correct description, genuineness, authenticity of, or defect in any lot, Information was provided from sources deemed reliable and Machinery Unlimited, LLC., makes no warranty or guarantee as to the accuracy of the information herein contained. No sale shall be set aside nor allowance made on account of any incorrectness, error in cataloging, or any imperfection not noted. Descriptions and photos ARE NOT GUARANTEED. PLEASE MAKE YOURSELF AVAILABLE FOR THE OPEN INSPECTION PERIOD.  It is the Buyer’s responsibility to inspect before bidding.  TO AVOID CONFUSION, PARTICIPANTS ARE BIDDING ON ITEMS LISTED IN THE LOT DESCRIPTIONS AND NOT ALL ITEMS SHOWN IN THE PHOTOGRAPHS. NO DEDUCTION ALLOWED ON DAMAGED ARTICLES, ALL ARTICLES BEING EXPOSED FOR PUBLIC EXHIBITION, AND SOLD "AS IS" AND WITHOUT RECOURSE. ARTICLES ARE NOT WARRANTED AS MERCHANTABLE OR FIT FOR ANY PARTICULAR PURPOSE, AND NO CLAIM MAY BE MADE BY PURCHASER RELATING TO THE CONDITION OR USE OF ARTICLES PURCHASED OR FOR PROXIMATE OR CONSEQUENTIAL DAMAGES ARISING THEREFROM.

7. CLAIMS – No Claims will be allowed after removal of goods from premises.  Articles purchased may not incorporate approved activating mechanisms, operating safety devices or safety guards, as required by OSHA or otherwise. It is Purchaser’s responsibility that articles purchased be so equipped and safeguarded to meet OSHA and any other requirements before placing such articles into operation.
Purchaser agrees to indemnify and hold Auctioneer harmless from and against all claims and liabilities relating to the condition or use of the articles purchased or failure of user to follow instructions, warnings or recommendations of the manufacturer, or to comply with federal, state and local laws applicable to such articles, including OSHA requirements, or for proximate or consequential damages, costs or legal expenses arising therefrom.

8. INDEMNIFICATION: 
Purchaser shall defend and indemnify and hold auctioneer and seller harmless from and against all claims and liabilities relating to the condition of, removal of, or use of the articles purchased or failure of user to follow instructions, warnings or recommendations of the manufacturer, or to comply with federal, state, and local laws applicable to such articles, including OSHA requirements, and Environmental Protection Agency requirements, or for proximate or consequential damages, costs or legal expenses arising there from.

9. RESPONSIBILITY FOR NON-DELIVERY- Auctioneer shall not, in any event, be liable

for non-delivery or for any other matter or thing, to any Buyer of any lot, other than for the

return to the Buyer of the deposit or sum paid on said lot, should the Buyer be entitled thereto.

10. COMPLIANCE WITH TERMS OF SALE – In default of payment of bills in full within the

time specified therein, the Auctioneer in addition to all other remedies allowed by law, may retain all monies received as deposit or otherwise, as liquidated damages. Lots not paid for and

removed within the time allowed herein may be resold at public or private sale without further

notice, and any deficiency, together with all expenses and charges of re-sale, will be charged to the defaulting purchaser.

11. RISK TO PERSON AND PROPERTY – Persons attending during exhibition, sale or

removal of goods assume all risks of damage of or loss to person and property and specifically

release the auctioneer from liability therefor. Neither the auctioneer nor his principal shall be

liable by reason of any defect in or condition of the premises on which the sale is held.

12. ADDITION TO OR WITHDRAWAL FROM SALE – The auctioneer reserves the right to

alter the order of the sale, withdrawal from the sale any of the property listed or to sell at this sale property not listed, and also reserves the right to group one or more lots into one or more selling lots or to subdivide into two or more selling lots. Whenever the best interest of the Seller will be served, the Auctioneer reserves the right to sell property listed, in bulk.

13. SALE BY ESTIMATED WEIGHT, COUNT OR MEASURE – Where items are sold by

estimated weight, count or measure, the Buyer will be billed for and required to pay for the

estimated weight, count or measure. If, upon delivery, any shortage exists, the Buyer will

receive a refund at the rate of the purchase. If there be an excess, the Buyer will be required to

take and pay for such excess, at the rate of the purchase.

14. DISPUTE BETWEEN BIDDERS/BID INCREMENTS – If any dispute arises between two

or more bidders, the auctioneer may decide the same or put the lot up for sale again at once, or

resell to the highest bidder. The Auctioneer may reject a nominal or fractional bid advance if, in

his estimation, it proves injurious to the sale. The auctioneer’s decision shall be final and

absolute.

15. RESERVE – The auctioneer reserves the right to reject any and all bids. The Auctioneer, in its sole discretion reserves the right to establish a reserve or minimum price on any Goods without having to announce, post or publish notice to attendees and buyers at any auction.  Auctioneer reserves the right to confirm or reject the final bid. The Auctioneer, and/or its affiliates or subsidiaries, may bid either for its own account or on behalf of a third party.

16. RECORDS – The record of sale kept by the auctioneer and bookkeeper will be taken as

final in the event of any dispute.

17. AGENCY – The auctioneer is acting as agent only and is not responsible for the acts of its

principals.

18. SALES TAX – All sales are subject to state and local taxes, unless a proper exemption

certificate including tax exempt number is presented at the time of payment.

19. BUYER’S PREMIUM – The Auctioneer in its sole discretion may impose a Buyer’s Premium on any goods sold. The Buyer’s Premium is a percentage that is added to the final purchase price of any item. Applicable Buyer’s Premium will be posted on the website.

20. SHIPPING – All coolants, oil and fluids must be drained from all machinery and equipment

prior to removal. All of the above must be shipped in compliance with state and federal

regulations.

21. INSURANCE – All buyers, or the buyer’s riggers must provide the auctioneer, owner and

landlord a certificate of insurance in amounts acceptable to the above parties prior to removal of any machinery and equipment.

22. ADDITIONAL TERMS AND CONDITIONS – The auctioneer may modify or supplement

these terms and conditions of sale by language in the Auctioneers website, the catalog or via

email to active bidders.

23. FALSE BIDS: If the high bidder fails to complete the transaction Auctioneer reserves the

right to dispose of the assets in the best interest of the seller. Any High Bidder that fails to

complete a transaction will be held responsible for all damages resulting from that action.

24. MALFUCTION: ANY Malfunction, Shutdown, or Temporary loss of Service involving

bidding for Items may render the results of the auction Void. In such an event Auctioneer

reserves the right to remedy the situation in whatever way best represents the seller, including

canceling the existing bid.