MAYNARDS INDUSTRIES USA LLC
BIDDER’S BINDING CONTRACT
DEFINITIONS:
AGREEMENTis defined as MAYNARDS INDUSTRIES USA LLC BIDDER’S BINDING CONTRACT.
AUCTIONEERis defined as Maynards Industries USA LLC acting as the auctioneer ofLOTS, seller ofLOTS, and who may from time to time be the legal owner ofLOTS.
BIDDERis defined as the individual, sole proprietor, limited partnership, partnership, limited liability company, corporation, trust, administrator, agent, executor, legal representative, assignee, successor in interest, trustee, trustor, officer, director, manager, or any and all other types or forms of business entities not specifically identified herein as well as the authorized signor on behalf of the business entity that enters into thisAGREEMENTby signing thisAGREEMENT.BIDDERby complying with the terms of thisAGREEMENTshall be authorized byAUCTIONEER, atAUCTIONEER’Ssole discretion, to bid onLOTS.
BUYER PREMIUMis defined as a percentage of the final bid that is added to the bid price. Example with 18% Buyers Premium: Bidder bids $100.00. Bidder is invoiced $118.00 plus applicable sales tax.
LOTSare defined as any items, of any type whatsoever, offered byAUCTIONEERto be bid upon byBIDDERSat the time of any auction or other sale conducted by AUCTIONEER.
OWNERis defined as any person or entity, of any type whatsoever, who is the legal owner of any items at the time thatAUCTIONEERplaces said items intoLOTSto be bid upon byBIDDERS.
THIS AUCTION WILL BE CONDUCTED PER THE TERMS AND CONDITIONS SET FORTH IN THISAGREEMENTAND SUPERSEDED BY ALL OTHER PROVISIONS, AMENDMENTS, MODIFICATIONS AND ANNOUNCEMENTS ADDED BY AUCTIONEER AT ANYTIME PRIOR TO OR DURING THE AUCTION SALE AND/OR AS POSTED ONWWW.MAYNARDS.COM. BIDDER HEREBY AGREES AND ACKNOWLEDGES AUCTIONEER IS NOT RESPONSIBLE OR LIABLE FOR BIDDER’S ACKNOWLEDGMENT OF ANY SUCH ANNOUNCEMENTS AND BIDDER ASSUMES ALL RISKS AND LIABILITIES ONCE IT BIDS.
BUYER BEWARE
RESERVE; THIS AUCTION IS BEING CONDUCTED WITH RESERVE. THE AUCTIONEER RESERVES THE RIGHT IN ITS SOLE DISCRETION TO BID ON ANY AND ALL LOTS, IN SUCCESSION, BID AFTER BID, LOT AFTER LOT, AND IN BULK.
BIDDERANDBIDDERALONE ACKNOWLEDGES THATBIDDERIS RESPONSIBLE FOR INSPECTING LOTS TO SATISFYBIDDERAS TOLOTSCONDITION, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR FOR ANY OTHER REASON BEFORE A BID IS MADE ON ANYLOTSBYBIDDER.
ALLLOTSARE SOLD ON “AS IS, WHERE IS” BASIS AND WITH ALL FAULTS WITHOUT EXCEPTION AND WITH REMOVAL FROM THE AUCTION PREMISES OR STORAGE SITE ATBIDDER’SSOLE RISK AND EXPENSE.NEITHER AUCTIONEER OR OWNER MAKES ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE NATURE, QUALITY, DURABILITY, CAPABILITY, FUNCTION, PERFORMANCE, VALUE, TITLE (EXCEPT THAT ALL OF OWNER'S TITLE AND INTEREST IN SUCH LOT WILL BE TRANSFERRED), FITNESS FOR A PARTICULAR PURPOSE, OR CONDITION OF THELOTSBEING AUCTIONED OR THELOTSSUITABILITY FOR ANY USE, PURPOSE, OR OTHERWISE.AUCTIONEEREXPRESSLY AND SPECIFICALLY DISCLAIMS, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THELOTS.
Neither AUCTIONEER or OWNER makes any representations, warranties, promises, covenants or guarantees, expressed or implied, as to defects in, fitness for a specific purpose, or the completeness or accuracy of the description in any advertising of any LOTS being auctioned and is not responsible for any advertising discrepancies, descriptions, nomenclature or inaccuracies of any kind including but not limited to descriptions, age, year of manufacturer, model, make or otherwise INCLUDING THE DESCRIPTION CONTAINED IN FINAL INVOICE.AUCTIONEER shall not knowingly misrepresent the nature of any LOTS or LOTS to be sold at auction, including, but not limited to, age, authenticity, value, condition, or origin INCLUDING THE DESCRIPTION CONTAINED IN THE FINAL INVOICE.All descriptions, photographs, slide shows, advertising, lot catalogs, or any other source of information (oral or written) concerning the LOTS provided by AUCTIONEER or otherwise obtained by a BIDDER from a source other than AUCTIONEER are subject to additions deletions, changes, and modifications at any time prior to AUCTIONEER knocking down the LOTS or declaring the LOTS sold toBIDDER INCLUDING THE DESCRIPTION CONTAINED IN THE FINAL INVOICE. BIDDER expressly acknowledges and agrees that no sale of any LOTS may be invalidated by a BIDDER because of an unintentional error, inaccuracy, or other fault in any of the above described information INCLUDING DESCRIPTION CONTAINED IN THE FINAL INVOICE. BIDDER hereby expressly acknowledges and agrees that the above described information has been prepared for informational purposes only and shall not and may not be relied upon by BIDDER for any purpose, including (without limitation) accuracy, fitness for a specific purpose, or completeness INCLUDING THE DESCRIPTION CONTAINED IN THE FINAL INVOICE. By bidding, BIDDER represents, warrants, covenants and agrees that BIDDER is relying upon BIDDER’S own investigation, inspection, research, and analysis of the LOTS for which a bid has been submitted and is not in any way relying upon any of the above information provided by AUCTIONEER or any other third party INCLUDING THE DESCRIPTION CONTAINED IN THE FINAL INVOICE.THE AUCTIONEER HAS NO OBLIGATION TO PROVIDE ANY PASSWORD, LICENSE, TECHNICAL SUPPORT, OR OTHER TECHNOLOGY-RELATED SERVICE, PRODUCT, OR THING ASSOCIATED WITH ANY LOT OR ITEM.
AUCTIONEERencouragesBIDDERto avail itself of the opportunity to make inspections prior to bidding and/or purchasing anyLOTS.BIDDERhereby acknowledges that it has inspected, had the opportunity to inspect, and/or voluntarily waived the opportunity to inspect all of theLOTSupon which it will be bidding and/or purchases INCLUDING THE DESCRIPTION CONTAINED IN THE FINAL INVOICE. OnceAUCTIONEERknocks down the item or declares it sold toBIDDER, there are no credits, returns, exchanges, refunds or rebidding unless atAUCTIONEER’Ssole discretion or a request for rebid is made directly toAUCTIONEERwithin five (5) minutes byBIDDERafter theLOTShave been sold andAUCTIONEERacknowledges and acceptsBIDDER’Srequest for a rebid. No claim will be considered for allowance or rescission of any sales based upon failure of theLOTSto correspond with any standard expected byBIDDER INCLUDING THE DESCRIPTION CONTAINED IN THE FINAL INVOICE.
AUCTIONEERshall have the right to make image and audio video recordings of the auction, to use the recordings and if deemed appropriate inAUCTIONEER’Ssole discretion to make such image and video recordings public.BIDDERShereby give their permission and consent by participating in the auction.
AUCTIONEERat its sole discretion may deny entry, registration or bidding at any time to any person or entity.BIDDERpaddles and invoices are nontransferable. All bids made by the holder of the bid paddle are the responsibility of theBIDDER. All sales are final and there are no refunds, returns, credits, exchanges or rebids onceAUCTIONEERknocks down the LOTS or declares LOTS sold toBIDDER.
BIDDERagrees a successful bid by Bidder at auction constitutes a legally binding contract of sale andAGREEMENTis binding upon BIDDER for all amounts due and owing at the conclusion of bidding and/or time of invoice.
BIDDERhereby waives, releases, remises, acquits and forever dischargesAUCTIONEER, OWNER, any property manager, and their respective employees, agents, or any other person acting on behalf ofAUCTIONEER or OWNER, of and from, any claims, actions, causes of action, demands, rights, damages, costs, expenses or compensation whatsoever, direct or indirect, known or unknown, foreseen or unforeseen, whichBIDDERnow has or which may arise in the future on account of or in any way arising out of or connected with any defects, latent or otherwise, the physical condition of anyLOTSpurchased, or any law, statute, or regulation applicable thereto.BIDDERshall indemnify and holdAUCTIONEER, OWNER, any property manager, and their respective employees, agents, or other persons acting on behalf ofAUCTIONEER or OWNERagainst any claims, actions, causes of action, demands, rights, damages, costs, expenses or compensation whatsoever, direct or indirect, known or unknown, foreseen or unforeseen, which the undersigned now has or which may arise in the future on the account of or in any way arising out of or connected with any defects, latent or otherwise, or the physical condition of anyLOTSpurchased or any law or regulation applicable thereto.
In order to participate in the auction, allBIDDERSmust provideAUCTIONEERa 25% deposit in cash, cashier’s check, or company check accompanied by a bank letter of guarantee of unqualified payment toAUCTIONEER, or a wire transfer (with a wire transfer fee included) ofBIDDER’Smaximum expected spending inclusive of taxes and fees.Credit cards are not acceptable form of payment and will not be accepted.The final payment in full ofBIDDER’Sinvoice must be received byAUCTIONEERwithin the first banking day 24 hours after the auction orBIDDERwill be in default ofAGREEMENT.AUCTIONEERwill chargeBIDDERSa taxable surchargeBUYERS PREMIUMonAUCTIONEER’Sinvoice toBIDDER. BIDDERshall provide proof satisfactory toAUCTIONEERofBIDDER’Sentitlement to claim exemption from sales tax.BIDDER’Sproof of any claimed tax exemption must be representative of the same industry as theLOTSpurchased. In the absence of proof satisfactory toAUCTIONEER,BIDDERshall pay all taxes.AUCTIONEERis not responsible for any Department of Motor Vehicle fees, taxes, registration, licensing, penalties, smog certificate, or any other fees. Certain vehicles as announced and/or noted in the auction catalog or onBIDDER’Sinvoice will be sold “AS IS” with a Bill of Sale only. Each titled item will be charged a $75 title transfer fee. If available toAUCTIONEER, titles will be sent toBIDDERapproximately 7-30 business days after receipt of payment fromBIDDERtoAUCTIONEER. Sales tax on Motor Vehicles is the responsibility ofBIDDERto be remitted toBIDDER’Sappropriate state Department of Motor Vehicles. All vehicles are sold “AS IS, WHERE IS, WITH NO WARRANTIES EXPRESSED OR IMPLIED”. It is theBIDDER’Sresponsibility to inspect the vehicle to verify accurate description, model, year, mileage, condition and any and all details pertaining to the vehicle.AUCTIONEERis not responsible for any inaccuracies regardingLOTSof any kind INCLUDING THE DESCRIPTIONS ON THE FINAL INVOICE.
LOTSare subject to cancellation and withdrawal from the auction without prior notice.AUCTIONEERreserves the right to augment this auction withLOTSfrom additional sellers. These additionalLOTSmay be interspersed and not specifically identified throughout the auction.AUCTIONEERshall regulate all matters relating to the conduct of the auction andAUCTIONEER’Sdecisions shall be final and binding on allBIDDERS.AUCTIONEERreserves the right to group, regroup, reduce, add to or deleteLOTSas well as accept or reject any or all bids atAUCTIONEER'Ssole and absolute discretion.AUCTIONEERreserves the right to offer any or allLOTSin bulk at any time during the auction atAUCTIONEER’Ssole and absolute discretion.AUCTIONEERshall determine the bidding increments andAUCTIONEERreserves the right to bid on anyLOTSatAUCTIONEER’Ssole and absolute discretion.
Changes in Circ*mstance: All aspects of this auction are subject to change without notice. TheAUCTIONEER reserves the right to – at any time and in theAUCTIONEER’Ssole and absolute discretion – (a) add or remove items from the auction, (b) split or combine lots, (c) add minimum bids or reserve prices, (d) cancel, suspend, extend, or reschedule the sale of an individual item, lot, auction, and/or auction event, (e) make changes to the auction’s closing, inspection, or removal times, or (f) take any other action theAUCTIONEERdeems necessary to effect the fair conduct of this sale or protection of buyers’, sellers’, or other parties’ interests. In the event a seller withdraws an item from this auction prior to the close of the auction, the AUCTIONEERmay leave the item on the catalog and buy the item back on behalf of the seller to establish theAUCTIONEER’Searned commission and the buyer’s premium due to theAUCTIONEER’S from the seller.
Immediately uponAUCTIONEERannouncing sold or knock down byAUCTIONEER,BIDDERshall be the purchaser of theLOTSand thereafter theLOTSshall become the sole and absolute responsibility ofBIDDER.BIDDERshall thereupon and thereafter assume all risk of loss (including but not limited to loss by way of theft or damage) and liability relating to theLOTS.BIDDERis advised to pre-arrange insurance coverage forBIDDER’Spurchases as there will be no refunds for missing, lost, damaged or stolenLOTSunless and only atAUCTIONEER’Ssole discretion.AUCTIONEERshall in no event be liable toBIDDERfor any damages, costs, or fees associated with the non-delivery of anyLOTSexcept for the return toBIDDERof the deposit or other sums paid for such non-deliveredLOTS. The non-delivery period extends from theAUCTIONEER’Sknock down until the conclusion of time allotted forBIDDER’Sremoval ofLOTS. In no event shall theAUCTIONEER’Sliability toBIDDERexceed the amount actually paid byBIDDERfor theLOTS.
BIDDERHEREBY ACKNOWLEDGES AND AGREES THATNEITHER AUCTIONEER OR OWNERSHALL BE LIABLE FOR SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES.
Title to and possession ofLOTSshall not pass toBIDDERuntilAUCTIONEERhas received payment in full for allLOTSpurchased byBIDDER. AllLOTSand the entirety ofBIDDER’Sinvoice require payment in full prior toAUCTIONEERreleasing anyLOTS. If allLOTSare not paid in full byBIDDERfor any reason, andBIDDERhas providedAUCTIONEERany monetary consideration,AUCTIONEERwill retain allLOTSand any and all monetary consideration paid byBIDDERto mitigateAUCTIONEER’Sfinancial damages caused byBIDDER. If after the subsequent mitigation amounts (if any) received byAUCTIONEERexceed the amount of BIDDER’Sinvoice and costs incurred byAUCTIONEERfees,AUCTIONEERwill refund such amounts toBIDDERonce determined byAUCTIONEERinAUCTIONEER’Ssole discretion.BIDDERhereby agreesLOTSpurchased at this auction will be invoiced in totality, although in some cases separately priced on the invoice, the total amount dueAUCTIONEERofBIDDER’Sinvoice is deemed a singleAGREEMENTin the event of a legal dispute.
If for any reasonBIDDERfails to pay the full amount ofBIDDER’Sinvoice within the first banking day (24 hours after the auction), and/or fails to remove all ofBIDDER’SLOTSon or before the date posted onBIDDER’Sinvoice, and/or fails to comply with any other terms and conditions of thisAGREEMENT, allLOTSon theBIDDER’Sinvoice will be considered abandoned andAUCTIONEER inAUCTIONEER’Ssole discretion and without further notice toBIDDERmay remove, dispose of, scrap, resell at public or private sale, any or allLOTS.BIDDERagrees to payAUCTIONEER, as applicable, any monetary mitigation deficiency and costs as a result thereof, including all removal, rent, lay and hold over fees, and any other fees or costs associated withAUCTIONEER’Sloss.BIDDERunderstands and acknowledges that there is sufficient consideration by both parties to perform, and that if payment in full is not made within the specific time outlined in thisAGREEMENT,BIDDERagrees to be bound by a “consent judgment” and is in violation and in default of thisAGREEMENT. By signing belowBIDDERconsents to the terms of a judgment entered againstBIDDERand hereby waivesBIDDER’Srights to any court proceeding. In addition,relating to such disposition ofLOTS, together with all charges, including attorney’s fees, arbitration fees, interest and any and all other expenses in connection with such disposition, plus a $500.00 per diem administrative fee perLOTSuntil suchLOTSare removed.Bidderagrees thatAUCTIONEERmay retain all deposits previously received and apply all such deposits to any deficiency without further notice toBIDDER.BIDDERagrees that “TIME IS OF THE ESSENCE” in regards toAGREEMENTregarding payment ofBIDDER’Sinvoice and removal ofBIDDER’SLOTS. For purposes of clarity,BIDDERfurther acknowledges and agreesAUCTIONEERwill be monetarily damaged for the subsequent disposal of anyLOTSfor any reason and that BIDDERis responsible to payAUCTIONEERfor all of the above costs, damages, fees, any other such monetary mitigation deficits, damages known and unknown, and any and all other monies expended byAUCTIONEERto collect and enforce thisAGREEMENT. Any and all monetary damages caused byBIDDER’Sactions or lack of action regarding LOTSAUCTIONEERbecome the debt ofBIDDER.
BINDING ARBITRATION CLAUSE
ALL PARTIES TO THIS AGREEMENT HEREBY WAIVE THEIR RIGHT TO A JURY TRIAL.BIDDERHEREBY GIVES UP ALL RIGHTS TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIMBIDDERMAY HAVE AGAINSTAUCTIONEERINCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. ANY CONTROVERSY OR CLAIM ARISING OUT OF CONTRACT, TORT, STATUTE OR OTHERWISE (INCLUDING THE INTERPRETATION OF THIS ARBITRATION CLAUSE, AND THE ARBITRABILITY OF THIS CLAIM OR DISPUTE) BETWEEN THE PARTIES HERETO AND/OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, OR CONSIGNORS, SHALL BE SETTLED BY ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., UNDER JAMS COMPREHENSIVE ARBITRATION RULES & PROCEDURES. THE NUMBER OF ARBITRATORS SHALL BE ONE (1). THE PARTIES AGREE THAT THEY SHALL EACH BE RESPONSIBLE FOR THEIR OWN ARBITRATION FEES AND COSTS UNTIL SUCH TIME AS THE ARBITRATOR AWARDS ARBITRATION COSTS TO THE PREVAILING PARTY. THE ARBITRATION SHALL BE HELD WITHIN THE COUNTY OF OAKLAND, STATE OF MICHIGAN. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THIS AGREEMENT SHALL BE CONSTRUED AND INTERPRETED ACCORDING TO THE LAWS OF THE STATE OF MICHIGAN. FEDERAL LAW AND MICHIGAN LAW APPLY TO THISAGREEMENT. IF ANY ACTION BASED ON THE PERFORMANCE, BREACH OR INTERPRETATION OF THISAGREEMENTIS BROUGHT, THE PREVAILING PARTY IN SUCH ACTION AS DETERMINED BY THE ARBITRATOR SHALL BE ENTITLED TO RECOVER FROM THE LOSING PARTY ALL ACTUAL COSTS, EXPENSES OF ARBITRATION, AND ATTORNEY'S FEES. ANY AWARD OF THE ARBITRATOR SHALL BE IN WRITING AND WILL BE FINAL AND BINDING ON ALL PARTIES, SUBJECT TO ANY LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT. THE PARTIES RETAIN THE RIGHT TO SEEK REMEDIES IN SMALL CLAIMS COURT FOR DISPUTES OR CLAIMS WITHIN THAT COURT’S JURISDICTION, UNLESS SUCH ACTION IS TRANSFERRED, REMOVED OR APPEALED TO A DIFFERENT COURT. NEITHER PARTY WAIVES THE RIGHT TO ARBITRATE BY USING SELF-HELP REMEDIES, SUCH AS REPOSSESSION, OR BY FILING AN ACTION TO RECOVER THELOTS, TO RECOVER A DEFICIENCY BALANCE, OR FOR INDIVIDUAL INJUNCTIVE RELIEF. IF ANY PART OF THIS ARBITRATION PROVISION, OTHER THAN WAIVERS OF CLASS ACTION RIGHTS, IS DEEMED OR FOUND TO BE UNENFORCEABLE FOR ANY REASON, THE REMAINDER SHALL REMAIN ENFORCEABLE. IF A WAIVER OF CLASS ACTION RIGHTS IS DEEMED OR FOUND TO BE UNENFORCEABLE FOR ANY REASON IN A CASE IN WHICH CLASS ACTION ALLEGATIONS HAVE BEEN MADE, THE REMAINDER OF THIS ARBITRATION PROVISION SHALL BE UNENFORCEABLE.
AUCTIONEERDOES NOT WARRANT AND HEREBY DISCLAIMS THAT THE FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE ONLINE OR WEBCAST BIDDING PLATFORM OR SOFTWARE, INCLUDING ANY THIRD-PARTY SOFTWARE, PRODUCTS OR OTHER MATERIALS USED IN CONNECTION WITH THE WEBSITE OR BIDDING WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.AUCTIONEERRESERVES THE RIGHT TO ACCEPT AND OR REJECT AND OR REMOVE ANY ELECTRONIC BIDS FOR ANY REASON AT ANY TIME INAUCTIONEER’SABSOLUTE AND SOLE DISCRETION.BIDDERAGREES ALL OFBIDDER’SELECTRONIC BIDS ARE BINDING REGARDLESS OF ORDER AND OR TIME IN WHICH THE BIDS ARE ACCEPTED OR REJECTED.
No Liability for Site Malfunction:You understand that this auction is online-only, and so relies on devices, software, and programs that may malfunction without warning. You agree that theAuctioneerwill not be liable for any error or inconvenience that may be the result of such a malfunction. You further understand and agree that theAuctioneermay void or suspend any sale, or resell any item if theAuctioneerdetermines a transaction to have been affected by any site malfunction or human error relating to the site. In no event will the Auction Host have any duty or responsibility to the bidder not directly related to the function of the site.Auctioneerdoes not promise that the website, or any content, service, or feature of the website and/or any software or application of the website (collectively “Services”) will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Services will provide specific results.Auctioneercannot guarantee the continuous operation of or access to its Services. Bid update and other notification functionality on the website may not occur in real time and is subject to delays beyondAuctioneer’scontrol. You understand and agree that you are making use of the Services at your own risk and that the Services are delivered on an “as-is” and “as-available” basis. Accordingly, to the extent permitted by applicable law, Auctioneer disclaims all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. To the extent permitted by applicable law,Auctioneeris not liable, and you agree not to holdAuctioneerresponsible, for any damages or losses (including but not limited to any special, indirect, incidental, or consequential damages), resulting directly or indirectly from: (i) the content you provide (directly or indirectly) using the Services; (ii) your use of or your inability to use the Services; (iii) delays or disruptions in Services; (iv) viruses or other malicious software obtained by accessing or linking to Services; (v) glitches, bugs, errors, or inaccuracies of any kind in Services; and (vi) damage to your hardware device from the use of any Service. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. You assume total responsibility for your use of the website, and your sole remedy againstAuctioneerfor dissatisfaction with the Services is to stop using the website or any such Services. Regardless of the previous paragraphs, ifAuctioneeris found to be liable,Auctioneer’sliability to you or to any third party is limited to the refund of your purchase price.
TERMS AND CONDITIONS FOR DISCONNECT AND REMOVAL
As a courtesy only,AUCTIONEERmay provide contact information for riggers, machinery movers or other service providers.AUCTIONEERis not affiliated with, nor shallAUCTIONEERbe responsible or liable for the action of, any rigger, machinery mover or other service provider utilized by aBIDDERorBIDDER’Sauthorized representative.AUCTIONEERmay require the use of one or more specific riggers, machinery movers or other service providers at the premises at whichLOTSare located. Such a requirement does not constitute a guarantee or endorsem*nt byAUCTIONEER.
All electrical disconnect, liquid removal, rigging, loading, broom cleaning, trash & debris removal, floor stud removal and transportation are the sole and absolute responsibility ofBIDDER.BIDDERagrees to remove all ofBIDDER’SpurchasedLOTSin full, with no abandonment privileges from the premises on or before the date on theBIDDER’Sinvoice.
NoLOTS,no matter how small, may be removed while the auction is in progress. Representatives ofAUCTIONEER, atAUCTIONEER’Ssole discretion, may stay one hour after the auction is completed for the removal of smallLOTS. In no event shall smallLOTSremain at the auction site, or otherwise. AllLOTSmust be removed by 4:00 PM on the day following the auction.
BIDDERmust presentAUCTIONEER’Spersonnel with proof of valid worker’s compensation insurance and a commercial general liability insurance certificate in a minimum amount of $2,000,000.00 combined single limit per occurrence coverage namingAUCTIONEER Owner and any property manager, and their respective officers, directors, employees, affiliates, successors and assigns as additional insured and provide proof of auto liability coverage.
If available atAUCTIONEER’Ssole and absolute discretion, bridge cranes and hoists may be used byBIDDERif crane insurance is included on the above certificate and only with the written permission of the crane owner.
Should any pits, floor bolts or hazards of any type exist after removal of equipment, it isBIDDER’Sresponsibility, atBIDDER’Scost, to reasonably safe guard these areas using generally accepted safety practices, such as safety tapes, pipes or bars welded in place or suitable safety barriers acceptable toAUCTIONEER. All floor bolts and/or anchoring fasteners are to be cut flush to the floor and the area left broom clean and all debris removed. It is the responsibility ofBIDDERto be sure that power to theLOTSis off and then to safely disconnect all electrical wiring and utility piping from theLOTSand to cap at the first electrical or air junction of theLOTS.
LOTSare to be staged for loading in the area assigned byAUCTIONEER'Spersonnel.
It isBIDDER’Sresponsibility to secure all safety equipment to meet all applicable government safety standards in using or removing anyLOTSpurchased. CertainLOTSmay contain residual chemicals and/or hazardous materials.Bidderhereby agrees to indemnify and hold harmlessAUCTIONEER Owner, and any mortgagee, property manager, and their respective officers, directors, employees, affiliates, successors and assigns from any and all damages, claims, liabilities from any injuries to persons,or damage to property of any type whatsoever caused byBIDDER, its agents, employees, or contractors during the sale, during the removal, use, or operation of theLOTSpurchased. Any hydraulic fluid removal and/or oil leaks areBIDDER’Sresponsibility to remove and clean up.BIDDERtakes full responsibility for compliance with all applicable Federal, State, and Local environmental laws, statutes, regulations, rules, and/or ordinances and shall exercise reasonable care to ensure that there is no release to the environment of any hazardous wastes or substances as defined in applicable Federal, State, and Local laws, statues, regulations, rules, and/or ordinances.
BIDDERshall not allow any trucks to be left running in an enclosed building or structure.
AUCTIONEERis not liable forBIDDER’Spersonal belongings left on premises.
Any surface or structural damage to the premises including but not limited to the walls, ceilings, floors, overhead doors, gates and/or any other item(s), etc. are theBIDDER’Ssole responsibility.BIDDERwill not be permitted to leave withLOTSuntil all repairs are made to the premises.
Theft will not be tolerated, andAUCTIONEERreserves the right to inspect all trucks, toolboxes, rigger cases, and any and all other vessels within whichLOTScould be placed prior to leaving the premises. Instances of theft will result in immediate termination of auction privileges, removal from the premises, andAUCTIONEERshall file the appropriate report with local law officials and seek prosecution thereof. BIDDERshall check allLOTSquantities prior to removal from the premises. No adjustments will be made afterLOTSassets have been removed from the auction premises.
These terms and conditions together with any amendments or modifications, expressly made by AUCTIONEER at the time of the auction constitute all the terms and conditions with respect to the sale of items at this auction. There are no representations, warranties, terms, conditions, undertakings or collateral agreements accept as herein-above provided. The LOTS specific Owner is a third-party beneficiary to the terms and conditions of thisAGREEMENTand is entitled to the rights and benefits hereunder, and may enforce the provisions hereof as if it were a signatory hereto.
Severability- If any provision of thisAGREEMENTas applied to either party or to any circ*mstance shall be adjudged by a court to be void and unenforceable, the same shall in no way affect:
(a) Any other provision of thisAGREEMENT;
(b) The application of such provision in any other circ*mstances;
(c) The validity or enforceability of theAGREEMENTas a whole.
Binding on Successors - ThisAGREEMENTand the covenants and conditions contained herein shall apply to, be binding upon and inure to the administrators, executors, relatives of the parties, assignees, successors, agents and assigns of the parties hereto.
Construction - ThisAGREEMENTshall not be construed against the party preparing it, but shall be construed as if both parties jointly prepared thisAGREEMENTand any uncertainty and ambiguity shall not be interpreted against any one party. ThisAGREEMENT is to be interpreted, enforced and governed by and under the laws of the State of Michigan.
Time is of the Essence - Time is of the essence for the performance of each and every covenant and the satisfaction of each and every condition contained in thisAGREEMENT.
Further Documents - The parties shall execute and deliver all documents and perform all further acts that may be reasonably necessary to effectuate any of the provisions within thisAGREEMENT.
BIDDERacknowledges thatBIDDERhas providedAUCTIONEERa signed check for which BIDDER is the authorized signatory for all purposes, without restriction, sufficient to pay this negotiable instrument upon demand.BIDDERauthorizesAUCTIONEERto obtainBIDDER’Sfinancial information from any source and complete the check as necessary for the amount ofBIDDER’Sinvoice at the auction to be presented for payment.BIDDERagrees to pay all cost of collections including attorney’s fees, to pay interest at the rate of 18%, unless prohibited by law, and in such case at the highest amount permitted by law from the date of issuance of the check if dishonored by a financial institution, to waive any requirement of presentment, to the exclusive jurisdiction of this Agreement for any dispute relating to thisAGREEMENT. A credit instrument is identical to a personal check. Willfullydrawing or passing a credit instrument knowing there are insufficient funds in an account upon which may be drawn, or with the intent to defraud, is a crime which may result in criminal prosecution.
Suspension of BIDDER Privileges: You understand and agree that any violation of these Terms and Conditions of thisAGREEMENTmay result in theAUCTIONEERsuspending your online bidding privileges indefinitely. Nothing in this paragraph will limit theAUCTIONEER’Sright to any other remedies at law or in equity.
BIDDER, hereby expressly represents, warrants, covenants and agrees that BIDDER has received, read, fully understands, accepts and hereby acknowledges and agrees to be legally bound by all of the Terms & Conditions of this AGREEMENT as stated above and shall be bound by and comply in all respects with and shall be liable for breaches of the forgoing terms and conditions and further hereby agrees to abide by any and all posted notices and announcements made hereafter pertaining to the terms and conditions of this auction sale whether present or not by BIDDER’S ELECTRONIC ACCEPTANCE OR signature below.
