Bidders will be identified by number rather than by name. Auctioneer will record all sales under your registration number only.
All items are offered "AS IS, WHERE IS" in units of measure as announced at the time of sale. No claim will be considered for allowance, adjustment or rescission of any sale based upon the failure of the property to correspond to any particular standards or expectations of the buyer. Auctioneer may state the year of manufacture of certain equipment; however, it is the responsibility of the buyer to ascertain, by his own means, the correctness of year and model and equipment/options/accessories prior to bidding. The Auctioneer reserves the right to group, modify, increase, diminish or delete lots at his sole and absolute discretion. No agent, employee or representative of Auctioneer or seller has any authority to bind seller to any affirmation, representation, or warranty concerning any equipment, vehicles, or other goods sold to any direct or indirect purchaser.
IMPORTANT Notice to buyer: the vehicles and/or associated equipment, parts, materials, or tools are sold as is and where is and with all faults, Seller and Auctioneer make no warranties, expressed or implied, as to the equipment, parts, materials, or tools. There is no warranty of fitness or of merchantability. Buyer agrees to indemnify and hold harmless the seller from any and all damages, injuries, and/or causes of action which may involve any equipment, vehicle, and/or any other associated equipment, parts, materials, tools, or other goods occurring subsequent to the date of this sale or such equipment, vehicle, and/or associated equipment, parts, materials, tools, or other goods.
The Auctioneer may refuse to accept or acknowledge any bid which is merely a fractional advance over the preceding bid, and in the event of a tie bid, the Auctioneer may re-open the bidding to determine the higher bidder. All sales are final upon the award of bid at which time a 25% deposit or full payment is required by Cash, Cashier's Check, Certified Check, Bank Letter of Guarantee, or credit card (PLEASE NOTE: payment terms will vary depending on the type of auction, please check with the local staff to determine acceptable payment methods). A bidder who furnishes an approved signed blank check does hereby authorize Auctioneer to complete the check for an amount equal to bidder's total purchase. The balance of the purchase price shall be paid on day of sale or, with prior approval, no later than end of business the next business day after the auction, and in any event, prior to the removal of any lot. In the event the purchaser fails to pay the full purchase price for any lot within the prescribed time, or fails to comply with any other terms of sale, the Auctioneer shall retain a possessory lien on all lots of the purchaser and any and all of the purchaser's merchandise in the possession of the Auctioneer. Purchaser shall pay all deficiencies resulting from such resale, together with all charges, fees, commissions and expenses in connection with such resale. The auction deposit shall be retained by the Auctioneer for application against any such deficiency, expense or charge as liquidated damages. No refunds or adjustments.
Upon the award of bid, title (subject to Auctioneer's possessory lien) and all risks of loss, damage to or destructing of the purchased item, passes to the purchaser and Auctioneer and/or seller shall have no liability whatsoever for any damage to or destructions of any such lots.
All lots must be removed within the time announced or posted at the sale of purchaser's sole cost and risk, and only in a manner approved by the Auctioneer. If for any reason the purchaser fails to remove any lot within the time specified, the lot shall be deemed abandoned, and the Auctioneer may re-sell per paragraph 3 above, or remove from the auction site, and/or store the said lots at purchaser's sole risk and expense. In addition, purchaser shall be liable for any rent incurred or damages suffered by Auctioneer because of purchaser's failure to timely remove any lot. Prior to the commencement of dismantling, rigging or cutting or any operation affecting buildings or land, purchaser shall furnish certificates satisfactory to Auctioneer, holding Auctioneer and/or seller harmless from any claims concerning damage or injury to persons or property arising out of any such acts. All equipment used in connection with removal, shall itself be removed with the purchased lots.
Sales taxes will be added to the purchaser price of all taxable items. Dealers who purchase for resale must pay said sales tax or provide a resale certificate to the Auctioneer in the name of the dealer/buyer. Purchases must also comply with all local laws and all ordinances regarding sale property at auction.
If for any reason whatsoever the Auctioneer fails to deliver an awarded lot, the Auctioneer's sole liability shall be the return of any deposit or monies paid on such non-delivered lot.
Auctioneer and/or seller does not accept responsibility for the failure of any equipment said to meet the safety standards on classifications of equipment by the Department of Labor, Safety and Health regulations, CAL-OSHA, Federal OSHA, or the environmental protection agencies. It is the express responsibility of the buyer to determine what safety equipment must be in service on any machinery purchased and to comply with those regulatory requirements prior to using any equipment, machinery or vehicles purchased.
All smog related repairs and certifications are the sole responsibility of the buyer where applicable. Buyer is hereby informed that vehicles may sometimes be sold without a California Emission Program Certificate of Compliance, or smog certificate based on current statue of State regulations; therefore, buyer is required to obtain such a Certificate of Compliance, certifying that the vehicle complies with the provisions of Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code, before such vehicle may be registered in this State.
Arbitration. If any dispute arises between the parties relating in any manner to this Agreement, the dispute shall be settled by arbitration in City of Industry, California pursuant to the rules of the American Arbitration Association, provided that the arbitrator shall not be authorized to award punitive damages. The award of the arbitrators may be entered in any court having jurisdiction thereof. The successful party in any legal dispute shall be entitled to an award of reasonable attorneys fees and costs. This Agreement shall be governed by California law without giving effect to any principles of such state’s conflicts of laws rules. |