Certified Industrial Auctioneers, Inc.

Auction Sale Terms


All bidders and other persons attending this sale agree that they have read and have full knowledge of these terms and agree to be bound hereby.

 

Note: 10% buyers premium applies to the purchase price of each item. A 25% deposit will be required at knockdown on each lot. Cash or certified funds required in full at the time and place of auction. Non-certified checks will NOT be accepted unless accompanied by a valid bank letter of guarantee, which must be in the following format: (Name of Bank) guarantees payment to Certified Industrial Auctioneers, Inc. from (Name of customer) on account #________ up to the amount of $________. This letter is valid for purchases at the auction November 22nd, 2003.

 

* WE DO NOT ACCEPT CREDIT CARDS

* ALL BILLS MUST BE PAID ON AUCTION DAY!

 

LEASING: Available through: LEASING PARTNERS - Tel: 1-800-606-0049 ext 117. All leasing companies must pay bill in full before anything can be removed from auction site.

 

1. Identification: All purchasers are required to give their full name and address.

 

2. Deposit: Each purchaser will be required to make a deposit in cash or by certified check of 25% of the bid on each lot purchased. In default of such a deposit, the lot may be put up again and immediately re-sold.

 

3. Time of Payment: All bills must be paid in full by the end of the day.

 

4. Removal: All purchases must be removed not later than the date announced at the beginning of the sale. No lot can, on any account, be removed during the sale. Removal shall be at the expense, risk, and liability of the purchaser. Purchases will be delivered only on presentation of a 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 purchaser any article purchased, but not paid for and removed, within the time foresaid.

 

5. Manner of Payment: All checks for deposits and balances due shall be payable to the order of Certified Industrial Auctioneers, Inc. All bills must be paid to representatives of the Auctioneer at the plant, unless otherwise announced. The full purchase price on all call lots sold to the same buyer must be paid within the time fixed and before removal of any goods.

 

6. Condition of Articles Sold: The Auctioneer shall not be responsible for the correct description, genuineness, authenticity of, account of any incorrectness, error in cataloging, or any imperfections not noted. No deduction allowed on damaged articles. All articles being exposed

for public exhibition are sold "as is" 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 the articles purchased, or for proximate or consequential damages arising therefrom.

 

7. Safety Devices: Articles purchased may not incorporate approved activating mechanisms, operating safety devices or safety guards, as required by OSHA or otherwise. It is the purchaser's responsibility that articles purchased be so equipped and safeguarded to meet OSHA and any other requirements before placing such articles into operation.

 

8. Indemnification: 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, or local laws applicable to such articles, including OSHA requirements, or for proximate or consequential damages, costs, or legal expenses arising therefrom.

 

9. Claims: No claims will be allowed after removal of goods from premises.

 

10. Responsibility for Non-Delivery: Auctioneer shall not, in any event, be liable for nondelivery of any matter or thing, to any purchaser of any lot, other than for the return to the purchaser of the deposit or sum of any said lot, should the purchaser be entitled thereto.

 

11. Compliance with Terms of Sale: In default of bills paid in full within the time specified, 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 resale, will be charged to the defaulting purchaser.

 

12. Risk to Person and Property: Persons attending during exhibition, sale, or removal of goods assumes all risks of damages or loss to person or property and specifically releases the Auctioneer form liability therefore, Neither the Auctioneer nor his principal shall be liable by reason of defect in condition of the premises on which the sale is made.

 

13. Addition to or Withdraw from Sale: The Auctioneer reserves the right to withdraw from sale any of the property listed or to sell at this sale any 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 all the property listed as bulk.

 

14. Consignors: The auctioneer or any affiliated person or company reserves the right to consign items to this auction sale and to participate as a bidder. The auctioneer, consignors, employees, assignees and agents for consignors may bid for their own account at any auction and may have information not otherwise available to the public regarding reserves, values or other material facts relating to the articles which are the subject of the auction. When an item is sold to the book, it may be sold, passed, withdrawn, returned to the owner or bought in.

 

15. Sale by Estimated Weight, Count, or Measure: Where items are sold by estimated weight, count, or measure, the purchaser will be billed for and required to pay for the estimated weight, count, or measure. If, upon delivery, any shortage exists, the purchaser will receive a refund at the rate of purchase. If there be an excess, the purchaser will be required to take and pay for any such excess at the rate of purchase.

 

16. Dispute Between Bidders: If any dispute arises between two or more bidders, the Auctioneer may decide the same or put the lot up for

sale again, and resell to the highest bidder. The Auctioneer's decision is final.

 

17. Reserve: The Auctioneer reserves the right to reject any and all bids. On lots upon which there is a reserve, the Auctioneer shall have the right to bid on behalf of the seller.

 

18. Records: The record of sale kept by Auctioneer and bookkeeper will be taken as final in any dispute.

 

19. Agency: The Auctioneer is acting as agent only and is not responsible for the acts of its principals.

 

20. Additional Terms and Conditions: The Auctioneer may add other terms and conditions of sale, such additional terms and conditions to be announced prior to the Auction.

 

 


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