Lot # : 3 - Cat 225 Excavator

Auction Terms & Conditions Please Review All Online Terms Prior To Bidding! **Terms: 15% Buyers Premium for payments by cash or check. 19% Buyers Premium for credit card.** **This Auction will be subject to Indiana State Sales Tax ( 7% )** - Ralph Smith Auction Realty LLC assumes no responsibility for incorrect or missing listing information. All information is taken from sources believed to be reliable, but not guaranteed to be accurate. Item listings and descriptions are subject to change, update, or cancellation at any time without notice. All bidders agree that their own decision to bid and the amount they bid has been based solely on their own independent inspections and evaluations of the items. "ALL SALES ARE FINAL - NO RETURNS/REFUNDS!!" - All items must sell through the auction process, there will be no pre-sales. This is not a retail purchase and all items/lots are sold as-is, where-is without any warranties whatsoever, where express, implied or statutory. Expressly excluded are warranties of merchantability, fitness for use, purpose, and direction. - This auction features a one (1) minute soft close with a twenty (20) second stagger time for each lot. - In the event that there are technical difficulties related to the server, software or other online auction-related technologies, Ralph Smith Auction Realty LLC, reserves the right to extend, continue or close the bidding. Neither the company providing the software nor Ralph Smith Auction Realty LLC shall be held responsible for missed bids or failure of the software to function properly for any reason. - Ralph Smith Auction Realty LLC reserves the right to cancel this auction, or remove any item/lot from this auction prior to the close of bidding. -Ralph Smith Auction Realty LLC, reserves the right to reject any and all bids for any reason. An accepted bid is a legal binding contract. Bidder assumes all risk of loss or damage to the item at end of auction. Ralph Smith Auction Realty LLC reserves the right to resell any and all personal property that is not paid for in full by the conclusion of the stated pickup dates. In case of such event, the bidder will still be responsible for payment for the original purchase and the costs of collection of this payment and/or damages resulting for the resale of the property. - Ralph Smith Auction Realty LLC reserves the right to bid on behalf of the Seller and the Buyer. - Buyer/Bidder agrees to hold harmless and indemnify Ralph Smith Auction Realty LLC and its agents, owners, employees and its representatives from any and all claims, damages or suits including but not limited to awards, judgments, costs, fees, etc. - The identity of all bidders will be verified. Ralph Smith Auction Realty LLC reserves the right to reject the bidder's registration if there is any question as to the person's credentials. - Bidder responsibilities include, but are not limited to: Bidders agree to keep their username and password confidential, as they are responsible for ANY and ALL activity involving their account. When using the web site you must obey any and all local, state and federal laws. Violations will result in termination of web site use privileges. Auction company employees and/or Auction Company may bid on auction. - EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES (TO THE EXTENT PERMITTED BY APPLICABLE LAW) ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY OF ANY DISPUTE ARISING UNDER OR RELATING TO THIS AGREEMENT AND AGREES THAT ANY SUCH DISPUTE SHALL BE TRIED BEFORE A JUDGE SITTING WITHOUT A JURY. - By submitting a bid in the name of a business entity or corporation, the individual submitting the bid enters into a guaranty agreement whereby he or she personally guarantees payment to Ralph Smith Auction Realty LLC of any bid amount not paid when due by the business entity or corporation, for any reason, together with all collection expenses incurred to enforce collection, including a reasonable attorney's fee. - If, for any reason, Ralph Smith Auction Realty LLC is unable to make available any Purchase, or portion thereof, or documentation required in respect to any purchase at time of pickup, the sole liability of Ralph Smith Auction Realty LLC, if any, shall be the return of any paid monies in respect of such purchase upon its return by purchaser. - By bidding on any item, buyer agrees to all terms and conditions set forth. PAYMENT - Payment must be made before item(s) are removed. ALL SALES ARE FINAL. NO RETURNS OR ADJUSTMENTS WILL BE MADE. - IF PAYMENT HAS NOT BEEN RECEIVED BY THE LAST SCHEDULED PICK UP DAY, IT WILL BE CONSIDERED IN DEFAULT. Upon default, the bidder may be black listed/blocked from bidding on any future Ralph Smith Auction Realty LLC auctions. All defaulted items may be offered to the next highest qualified bidder at the discretion of the Ralph Smith Auction Realty LLC. - The bidder agrees to pay all reasonable attorney fees and other costs incurred by Ralph Smith Auction Realty LLC in its efforts to collect unpaid funds from the bidder. The bidder agrees that a late fee of two percent (2%) of the outstanding balance per month will be added to any unpaid balance due Ralph Smith Auction Realty LLC. Any dispute will be tried in a court of jurisdiction in Vanderburgh County, Indiana. PICKUP & SHIPPING Buyers are responsible for packing and loading their own merchandise. Please be patient and understanding with this process. Items are to be picked up on the arranged pickup day(s). Any items purchased by Buyer that are not picked up or removed during the designated pick up times will be considered abandoned property. Buyer will be responsible for all costs associated with the removal and disposal of said abandoned property. Ralph Smith Auction Realty, LLC shall not be liable to Buyer for any items not removed by the Buyer. Items left after the designated pickup time will be forfeited back to Ralph Smith Auction Realty LLC. NO REFUNDS will be issued. Bidders are solely responsible for packing, loading, and moving all items purchased without assistance from Ralph Smith Auction Realty LLC once outside the location. Ralph Smith Auction Realty LLC will NOT supply any tools, boxes or packing materials. The winning bidder on large items needs to bring help and equipment to load the item(s). Ralph Smith Auction Realty LLC will not ship any items for this auction. Local Pickup only.