Lot # : 87 - YALE PROPANE FORKLIFT 2.500 LB. CAPACITY

TERMS, CONDITIONS AND DISCLAIMER ALL BIDDERS MUST REGISTER IN ORDER TO BID AT THE AUCTION. A VALID CREDIT CARD WILL BE REQUIRED TO REGISTER FOR THE SALE IF BIDDING ONLINE. OBTAINING A BIDDER NUMBER INDICATES ACCEPTANCE OF THE TERMS AND CONDITIONS OF THE SALE. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS OF THE SALE, PLEASE DO NOT BID. THIS AUCTION IS CONDUCTED ACCORDING TO THE LAWS OF THE STATE OF ALABAMA AND THE UNIFORM COMMERCIAL CODE (UCC) OF THE UNITED STATES. THIS IS AN AUCTION WITH RESERVE. FOR MORE INFORMATION, PLEASE VISIT WWW.AUCTIONLAW.WORDPRESS.COM. AUCTIONEER RESERVES THE RIGHT TO SELL THE ITEMS IN ANY MANNER THAT IS MOST BENEFICIAL TO THE SELLER, INCLUDING SETTING BID INCREMENTS AT APPROPRIATE LEVELS BASED ON THE ITEM TO BE SOLD. AUCTIONEER FURTHER RESERVES THE RIGHT TO BID ON THE SELLER'S BEHALF AND/OR ACCEPT BIDS FROM THE SELLER. IN THE EVENT OF A DISPUTE, THE DECISION OF THE AUCTIONER SHALL BE FINAL. THIS IS AN ONLINE ONLY AUCTION. ALL ITEMS ARE SOLD AS IS, WHERE IS AND ALL SALES ARE FINAL. NEITHER AUCTIONEER NOR SELLER MAKE ANY GUARANTEES WHATSOEVER CONCERNING THE ITEMS TO BE SOLD. IT IS SOLELY UP TO THE BIDDER TO INSPECT AND EXAMINE THE ITEMS TO BE SOLD AND TO ASK ANY QUESTIONS IF NECESSARY. BUYER SHOULD BE SATISFIED AS TO THE CONDITION OF THE ITEMS TO BE SOLD PRIOR TO BIDDING.  INSPECTION WILL BE MONDAY, OCTOBER 16, FROM 10 A.M.-4 P.M. OR BY APPOINTMENT. THE AUCTION SITE IS LOCATED AT 19854 HWY. 43 GROVE HILL, AL. A 15% BUYER'S PREMIUM WILL BE CHARGED ON EACH ITEM SOLD. A 3% DISCOUNT WILL BE GIVEN TO PAYMENTS MADE BY CASH, CHECK WITH BANK LETTER OR WIRE TRANSFER. A 10% BUYER'S PREMIUM WILL BE CHARGED ON THE REAL ESTATE. AUCTION ITEMS WILL BEGIN TO CLOSE AT 10 A.M. ON TUESDAY, OCTOBER 17, WITH FOUR ITEMS CLOSING PER MINUTE. ITEM CLOSING IS SUBJECT TO A SOFT CLOSING OR EXTENDED BID FEATURE, IF A BID IS PLACED ON A RESPECTIVE ITEM WITH LESS THAN ONE MINUTE REMAINING UNTIL THAT ITEM CLOSES, THEN 1 MINUTE WILL BE ADDED TO THE CLOSING TIME OF THAT INDIVIDUAL ITEM. RESPECTIVE ITEMS WILL CLOSE WHEN NO FURTHER BIDS ARE PLACED. IT IS THE BUYER’S RESPONSIBILITY TO PAY ATTENTION TO QUANTITIES BEING SOLD AS TIMES THE MONEY AND ITEMS BEING SOLD AS CHOICE LOTS. FULL PAYMENT MUST BE MADE BY 4 P.M. ON THURSDAY, OCTOBER 19. PAYMENT CAN BE MADE BY CREDIT CARD, CASH OR A CHECK WITH A BANK LETTER OF GUARANTEE. IF FULL PAYMENT IS NOT RECEIVED BY THE DEADLINE, THEN THE CREDIT CARD ON FILE WILL BE CHARGED IMMEDIATELY. ALL INVOICES MUST BE PAID BY THIS TIME REGARDLESS OF WHEN ITEMS ARE PICKED UP. ANY INVOICE NOT PAID BY THE DEADLINE WIILL BE CHARGED A $100 SERVICE FEE IN ADDITION TO ALL INVOICE CHARGES. ALL ITEMS MUST BE REMOVED FROM THE AUCTION SITE BY FRIDAY, OCTOBER 20, BY 4 P.M. NO EXCEPTIONS. REMOVAL WILL BEGIN ON WEDNESDAY, OCTOBER 18, AT 8 A.M. THIS IS THE ONLY PICKUP OPPORTUNITY. NO EXTRA TIME WILL BE GIVEN AT ALL FOR ANY REASON FOR ITEM REMOVAL.  IF YOU CAN NOT REMOVE YOUR ITEMS BY THE REMOVAL DEADLINE, WE RESPECTFULLY ASK THAT YOU DO NOT BID. IT IS THE PURCHASER'S SOLE AND FULL RESPONSIBILITY TO PROVIDE THE NECESSARY EQUIPMENT AND PERSONNEL TO REMOVE THE AUCTION PURCHASES WITHIN THE TIME ALLOWED. REMOVAL SHALL BE AT BUYER'S RISK AND EXPENSE. IF YOU NEED RIGGING OR REMOVAL SERVICES OR QUOTES, PLEASE CONTACT DARYL CYPHRIT AT 251-589-2010 OR JOSH TURNER AT 251-769-8360. BUYER AGREES AND UNDERSTAND THAT WHEN THE INVOICE IS RECEIVED, ALL ITEMS LISTED ON THE INVOICE ARE THE PROPERTY OF THE BUYER. AS SUCH, THE AUCTION COMPANY IS NOT RESPONSIBLE IF BUYER'S ITEMS ARE DAMAGED, STOLEN OR OTHERWISE DISPOSED DUE TO BUYER'S FAILURE TO GUARD THEIR ITEMS AND/OR PICK UP ITEMS IN A TIMELY FASHION. AUCTIONEER WILL MAKE EVERY EFFORT TO GUARD ITEMS OF ALL BUYERS BUT CAN NOT BE RESPONSIBLE FOR ANY ITEMS AFTER THE ITEMS BECOME THE POSSESSION OF THE BUYER. BUYER AGREES TO PAY FOR ALL ITEMS LISTED ON BUYER'S INVOICE REGARDLESS OF ITEM CONDITION OR EVEN IF ITEM IS DAMAGED, STOLEN OR OTHERWISE DISPOSED. BUYER DOES NOT HAVE THE RIGHT OF ABANDONMENT AND MUST PAY FOR ITEMS AND REMOVE THE AUCTION ITEMS ON THE DAY OF THE AUCTION AFTER PAYMENT HAS BEEN RECEIVED. ITEMS NOT PICKED UP BY FRIDAY, OCTOBER 20, WILL BE FORFEITED, AND BUYER WILL PAY FULL INVOICE PLUS $100 SERVICE FEE. BUYER WILL NOT BE ENTITLED TO TAKE POSSESSION OF ITEMS WON BUT SHALL STILL BE REQUIRED TO PAY. NO ITEMS ARE TO BE PACKED OR REMOVED FROM THE AUCTION SITE UNTIL FULL PAYMENT IS MADE. IN THE CASE OF DEFAULT FOR NON-PAYMENT OR NON-REMOVAL OF ITEMS, AUCTIONEER RESERVES THE RIGHT TO RESALE ANY ITEMS FOR WHICH PAYMENT WAS NOT RECEIVED OR ITEMS NOT REMOVED IN THE TIME ALLOWED AND SUE BUYER FOR NON-PAYMENT. ANY DEFIECIENCY, TOGETHER WITH ALL EXPENSES, INCLUDING ALL ATTORNEY'S FEES, AND CHARGE OF RESALE SHALL BE CHARGED TO THE DEFAULTING BUYER. BUYER WILL NOT BE ENTITLED TO TAKE POSSESSION OF ITEMS WON BUT SHALL STILL BE REQUIRED TO PAY. BUYER AGREES TO ACCEPT ITEMS PURCHASED "AS IS, WHERE IS AND WITH ALL FAULTS" AND WITH REMOVAL AT BUYER'S RISK AND EXPENSES. AUCTIONEER IS ACTING AS A SELLING AGENT ONLY AND MAKES NO REPRESENTATIONS CONCERNING THE ITEMS TO BE SOLD. AUCTIONEER AND/OR SELLER RESERVE THE RIGHT TO REMOVE ANY BIDDERS OR BYSTANDERS THAT SEEK TO DISRUPT THE AUCTION AND TO DENY ADMITTANCE TO THE AUCTION TO ANY PERSON THEY SO DESIRE WITHOUT CAUSE OR REASON. ALL BIDDERS AGREE THAT THE AUCTION SITE IS POTENTIALLY A DANGEROUS PLACE AND ALL BIDDERS AGREE TO HOLD HARMLESS MATT PRESLEY AUCTIONEERS, THE SELLER AND ANY OF ITS AGENTS OR ASSIGNS FROM ANY LIABILITY OR ACCIDENTS THAT MAY OCCUR BY THE BIDDER'S PARTICIPATION IN THE ONLINE AUCTION. ALTHOUGH ALL INFORMATION HAS BEEN OBTAINED FORM SOURCES DEEMED RELIABLE, THE AUCTIONEER AND SELLER MAKE NO WARRANTY OR GUARANTEE, EXPRESSED OR IMPLIED, AS TO THE ACCURACY OF THE INFORMATION HEREIN CONTAINED OR INFORMATION CONTAINED IN THE CATALOG OR ADVERTISEMENTS. IT IS FOR THIS REASON THAT BUYERS SHOULD AVAIL THEMSELVES OF THE OPPORTUNITY TO MAKE INSPECTION PRIOR TO THE AUCTION. ANNOUNCEMENTS MADE ON THE DAY OF THE SALE SUPERSEDE ANY PRINTED INFORMATION. ALL BIDS ARE SUBJECT TO ACCEPTANCE BY THE AUCTIONEER. NO BID SHALL BE DEEMED A VALID BID UNTIL ACCEPTED BY THE AUCTIONEER. ALL BIDS ARE ACCEPTED AT THE SOLE DISCRETION OF THE AUCTIONEER. ANY NOTICES RECEIVED BY THE BUYER SUCH AS MAY HAVE WON AN ITEM WILL BE SUBJECT TOTHE AUCTIONEER'S ACCEPATANCE OF THE BUYER'S BID AND SUBJECT TO THE CONFIRMATION OF THE SELLER.  IF YOU ARE THE SUCCESSFUL BIDDER, YOU AGREE TO PAY THE AMOUNT OF YOUR BID PLUS ALL TAXES AND PREMIUMS IN ACCORDANCE WITH ALL WRITTEN OR ORAL TERMS AND CONDITIONS OF THE AUCTION.  NEITHER THE COMPANY PROVIDING THE SOFTWARE NOR THE AUCTION COMPANY SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON.  ALL BIDS SHALL BE DEEMED PENDING UNTIL DULY ACCEPTED BY THE AUCTIONEER.  THE AUCTIONEER HAS THE SOLE DISCRETION TO ADVANCE THE BIDDING AND MAY REJECT ANY AND ALL BIDS WHICH, IN THE AUCTIONEER'S SOLE DISCRETION, DO NOT ADVANCE AND/OR ARE INJURIOUS TO THE AUCTION, INCLUDING BUT NOT LIMITED TO NOMINAL, SUSPICIOUS AND/OR SUSPECT ADVANCES. THE AUCTIONEER SHALL HAVE SOLE DISCRETION IN DECIDING THE SUCCESSFUL BIDDER IN THE EVENT OF A BIDDING DISPUTE. THERE WILL BE NO TIE BIDS. AUCTIONEER'S DETERMINATION OF THE SUCCESSFUL BIDDER SHALL BE THE FINAL DETERMINATION OF THE SUCCESSFUL BIDDER.  BY PLACING A BID, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS WHICH MAY BE SET FORTH BY EACH INDIVIDUAL AUCTION COMPANY AND EXPRESSLY ACKNOWLEDGE AND AFFIRM THAT YOU HAVE READ AND ARE FAMILIAR WITH THE TERMS AND CONDITIONS OF EACH INDIVIDUAL AUCTION COMPANY INVOLVED AS WELL AS THESE TERMS AND CONDITIONS.   ALL SALES ARE FINAL UPON THE DETERMINATION OF THE SUCCESSFUL BIDDER BY THE AUCTIONEER. BY PLACING A BID, YOU ACKNOWLEDGE THAT YOUR BID IS A LEGALLY BINDING OFFER TO PURCHASE THE ITEM OR PROPERTY BEING AUCTIONED.  THE SUCCESSFUL PURCHASER AGREES TO PAY ANY AND ALL REASONABLE ATTORNEYS FEES AND COSTS INCURRED BY THE AUCTION COMPANY, THE SELLER AND/OR THEIR SERVANTS, AGENTS OR EMPLOYEES IN THE COMMENCEMENT OR DEFENSE OF ANY ACTIONS HEREUNDER AS WELL AS IN THE COLLECTION OF ANY OBLIGATIONS HEREUNDER. THERE SHALL BE NO RETURNS OR EXCHANGES. ALL PROPERTY IS SOLD "AS-IS". IT IS THE BIDDER'S RESPONSIBILITY TO DETERMINE THE NATURE, CONDITION AND STATE OF TITLE OF EACH ITEM PURCHASED. VENUE & JURSIDICTION OF ALL DISPUTES. ANY AND ALL DISPUTES WHICH MAY ARISE BY VIRTUE OF THIS AUCTION SALE OR STEMMING FROM THIS AUCTION SALE SHALL BE IN THE COURT OF MOBILE COUNTY, ALABAMA. CHOICE OF LAW: THE LAW OF THE STATE OF ALABAMA SHALL GOVERN THE INTERPRETATION OF ANY AND ALL DISPUTES OR OTHER MATTERS RELATING TO THE SUBJECT SALE AND/OR STEMMING FROM THIS AUCTION SALE.  BIDDER ACKNOWLEDGES THAT NO RELATIONSHIP OF ANY NATURE OR TYPE, AGENT, EMPLOYEE, INDEPENDENT CONTRACTOR OR OTHERWISE, IS CREATED BETWEEN BIDDER AND AUCTIONEER, AFFILIATED AUCTION COMPANIES, AFFILIATED SOFTWARE COMPANIES AND/OR ANY SERVANT, AGENT OR EMPLOYEE OF THE SAME BY BIDDER'S PARTICIPATION IN THIS AUCTION.  BIDDER ACKNOWLEDGES AND AGREES THAT AUCTIONEER IS ACTING SOLELY AS THE AGENT FOR THE SELLER IN THIS AUCTION. DISCLAIMER OF WARRANTIES: THERE ARE NO UNDERSTANDINGS, AGREEMENTS, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED NOT SPECIFIED HEREIN, RESPECTING THIS CONTRACT OR THE ITEM OR PROPERTY SOLD HEREUNDER, INCLUDING BUT NOT LIMITED TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. I AGREE TO RECEIVE EMAILS FROM MATT PRESLEY AUCTIONEERS AND/OR HIBID REGARDING UPCOMING AUCTIONS.