Excess to the Operations of EMERSON INDUSTRIES, LLC
Wed, Mar 1, 2017
TERMS OF SALE
NOTICE: All bidders at this sale agree that they have read and have full knowledge of these terms and agree to be bound thereby.
1. IDENTIFICATION: All purchasers are required to register and give full name, address and contact information.
2. FOREIGN BUYER DEPOSIT: Anyone located outside of the United States who wishes to participate in the sale are required to wire transfer a refundable deposit of $5,000.00 at least 24 hours prior to the sale opening to be approved to bid.
3. PAYMENT: Invoices must be paid in full within 24 hours of the closing date of the sale unless otherwise specified. A BUYER'S PREMIUM (BUYER’S FEE IN THE STATE OF WISCONSIN) WILL BE APPLIED TO YOUR INVOICE IN ADDITION TO THE SALES PRICE; SALES TAX MAY APPLY TO ALL PURCHASES, UNLESS BUYER HAS PROPER EXEMPTION. BUSINESS CHECKS WILL NOT BE ACCEPTED WITHOUT A LETTER OF VERIFICATION FROM YOUR BANK. NO MERCHANDISE WILL BE RELEASED UNTIL INVOICE IS FULLY PAID.
4. REMOVAL: SEE DETAILS ANNOUNCMENTS/EMAIL REGARDING REMOVAL DAYS AND TIMES FOR THE PARTICULAR SALE.
PURCHASES MAY BE REMOVED ONLY UPON PRESENTATION OF A PAID BILL. Removal shall be at the expense, risk and liability of the purchaser. 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 aforesaid.
5. MANNER OF PAYMENT: All deposits and balances due shall be payable to the order of GLENN A. WINTERNITZ, LLC. ALL BILLS MUST BE PAID TO GLENN A. WINTERNITZ, LLC. Payments may be made by Wire Transfer, Cashier’s Check, Cash or Company Check with Bank Letter of Guarantee. The full purchase price on all lots sold to the same buyer must be paid in full within 24 hours of the auction closing date and before removal of any of the goods.
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, and makes no warranty in connection therewith. No sale shall be set aside nor allowance made on account of any incorrectness, error in cataloging, or any imperfection not noted. ALL ARTICLES ARE EXPOSED FOR PUBLIC EXHIBITION & INSPECTION, AND SOLD "AS IS", "WHERE IS" AND “WITH ALL FAULTS”, 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. SAFETY DEVICES: 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 are so equipped and safeguarded to meet OSHA and any other requirements before placing such articles into operation.
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. CLAIMS: NO CLAIMS WILL BE ALLOWED AFTER REMOVAL OF GOODS FROM PREMISES OR LEFT ON PREMISES PAST ALLOWED TIME LIMIT.
10. RESPONSIBILITY FOR NON-DELIVERY: Neither the auctioneer nor the seller, in any event, shall be liable for non-delivery or for any other matter or thing, to any purchaser of any lot, other than for the return to the purchaser of the deposit or sum paid on said lot, should the purchaser be entitled thereto.
11. COMPLIANCE WITH TERMS OF SALE: In default of payment of bills in full within the time therein 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 including legal fees, will be charged to the defaulting purchaser.
12. 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 and seller from liability thereof. 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.
13. CONTRACT MOVERS: If purchaser wishes to hire or contract with a machinery mover, rigger or other type of outside contractor, GLENN A. WINTERNITZ, LLC WILL NOT ALLOW them to work on the sale premises unless they have placed with the auctioneer PROPER INSURANCE protecting GLENN A. WINTERNITZ, LLC and the individual(s) or company that the auctioneers are conducting the sale for against any or all claims arising from personal injury and/or property damage created by their actions. This requirement is for the auctioneer's protection - NOT FOR THE PURCHASER therefore the auctioneer suggests that the purchaser review the insurance policies of the machinery mover regarding coverage they have protecting the purchaser against any potential damage or loss to the equipment.
14. ADDITION TO OR WITHDRAWAL FROM SALE: The auctioneer reserves the right to withdraw from 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 all the property listed, in bulk.
15. SALE BY ESTIMATED WEIGHT, COUNT OR MEASURE: When 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 such excess, at the rate of purchase.
16. DISPUTE BETWEEN BIDDERS: (ONSITE SALE) 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 shall be final and absolute.
17. RESERVE: The auctioneer reserves the right to reject any and all bids. On lots upon which there is a reserve, the auctioneer or his assigned agents, shall have the right to bid on behalf of the seller.
18. RECORDS: The record of sale kept by the auctioneer and bookkeeper will be taken as final in the event of any dispute.
19. INDEPENDENT CONTRACTOR: The auctioneer is acting as an independent contractor only and is not responsible for the acts of its principals or sellers.
20. BREACH: Without limiting other remedies, we may limit your activity, immediately remove your bids or Item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
21. 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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