Lot # : 42 - Miller S-22P12 Wire Feeder Suitcase MIG Welder

Terms & Conditions of Online Auction Sale THIS IS AN INTERNET-ONLY AUCTION. AUCTION CLOSING DATE & TIME: Sunday April 28th beginning at 6:30p.m. Bidding closes the first item at 6:30p.m. EST then closes 1 item per 45 seconds thereafter to the last item in catalog order. INSPECTION: April 24th and 25th 9am to 4pm REMOVAL: April 29h through May 4th 9am to 5pm. There are forklifts availabe to help you load. Please contact us if you need an alternative pickup date and time. These are the Terms and Conditions of Sale for this online auction. They consist of this introduction and twenty-nine numbered paragraphs that outline the relationship between you ("the Bidder") and the auctioneer ("Porter Auction Group"). Throughout these Terms and Conditions, the terms "auctioneer," "we," "us," and "our" will refer to Porter Auction Group, and the terms "you" and "your" will refer to the Bidder. If you want to bid in this online auction, you will first have to certify that you have read, understood, and agreed to these Terms and Conditions. Such certification will function as your legal and binding electronic signature. If you choose to make this certification, the Terms and Conditions will become binding both on you and on Porter Auction Group, and both parties will be expected to abide by the Terms and Conditions if any issues arise in connection with this sale. Please read these Terms and Conditions carefully. They contain important information about the online auction itself and your rights and responsibilities as a bidder. 1. Registration: To gain access to Porter Auction Group's bidding system, you will need to register and obtain a bidder number. You must be 18 years old or older to register. You agree that all information that you provide during the registration process will be true and accurate. You will be excluded from participation in Porter Auction Group's auctions indefinitely should you provide any false information during the registration process. Bidding registration will closed on March 24th at 7pm as the auction begins to close. 2. Applying for Tax-Exempt Status: Some bidders may be exempt from payment of applicable taxes. If you wish to apply for tax-exempt status, you must submit a completed copy of Porter Auction Group's tax-exempt form prior to this auction's closing. You can download the PA sales tax exemption form from our website. Please note that Porter Auction Group requires bidders to submit a new tax-exempt form for "every" sale. Once you have completed your tax-exempt form, please e-mail the form to sold@porterauctiongroup.com so that we can review your information. If you do not follow the procedures discussed in this paragraph, Porter Auction Group will be unable to consider identifying you as exempt from taxation, and you will have to apply directly to the applicable state for a refund. Please also note that, depending on the state whose sales tax applies, submission of Porter Auction Group's tax exempt form may not be sufficient to entitle you to tax-exempt status. Please review the form and its contents carefully, and contact Porter Auction Group with any questions you may have. 3. Deposit: In order for Porter Auction Group to process your winning bid, we must have a working Visa, MasterCard, American Express or Discover Card associated with your account. To ensure that the credit card information you provide is correct, Porter Auction Group will authorize your credit card for $1 after you have registered for this online auction. This $1 authorization is not a credit card charge; rather it is just a hold on your $1. If you decide not to make any bids during this auction, or if none of your bids are successful, no money whatsoever will be taken from your account, and the hold on your $1 will be lifted in accordance with the procedures of your credit card provider. 4. Bidder's Duty to Update Information: Whether you are a new or returning bidder, you agree that if any of the information associated with your bidder number, including contact information and credit card information and changes at any time prior to, during, or after this sale, you will notify Porter Auction Group of the change by updating your bidder profile. 5. Conduct of Sale: All deposits, bids, and credits in this sale will be made in United States Dollars. You agree not to use any hardware, software, program, or system that would interfere with the orderly conduct of this sale. You further agree not to copy, reproduce, or publically display any content from Porter Auction Group's website without first obtaining written permission from Porter Auction Group. 6. Bidder's Duty to Inspect and Investigate: You acknowledge that Porter Auction Group is providing you with the opportunity to inspect the items being offered for sale in this auction. Porter Auction Group "strongly encourages" you to attend the scheduled inspection for this auction, which will take place on April 24th and 25th from 9am to 4pm. If you wish to make an appointment to inspect please do so by contacting us by phone at 484-918-0070. If you choose not to attend the scheduled inspection and are in doubt about the condition, completeness or suitability of a given item, please bid accordingly. Porter Auction Group is not responsible for the correct description, authenticity, genuineness of, or defect in any lot and makes no warranty in connection therewith. No allowance will be made or sale set aside on account of any incorrectness, error in cataloging or any imperfection not noted. No deduction will be allowed on damaged articles as all goods are exposed for public exhibition and are sold "AS IS" "WHERE-IS", without recourse and all sales are final. Property is open to thorough public inspection. It is the Bidders responsibility to determine condition, age, genuineness, value or any other determinative factor. Porter Auction Group may attempt to describe the merchandise in advertising, on the Internet and at the auction but makes no representations of the item's condition or status nor does it imply any type of warranty. If we listed an item's condition as working then that was its' status at teh time of testing for this auction. We cannot guarantee any statement as to condition of any item in this sale due to such circumstances out of our control, such as the bidder's installation of the item(s). In no event shall Porter Auction Group be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value. It is for this reason that all Buyers should avail themselves of the opportunity to make inspection prior to sale. A. Photographs and Descriptions: Porter Auction Group regularly posts item descriptions and photographs to aid bidders in the bidding process, and we make every effort to ensure that the descriptions and photographs that we post accurately represent the items being offered for sale. In some photographs, multiple items may appear to be joined as a single unit, however you should not assume that a lot consists of more than one item simply because various items appear connected or are featured in the same photograph. B. DECIDE WISELY: We want everyone to get a good deal and most will. However, when you bid on the wrong item or decide an item is not suited for your intended use, our clients will not assume the cost of your mistakes. You agree that your failure to inspect or otherwise become fully informed about the items offered for sale in this auction will not be grounds for a refusal to pay amounts due to Porter Auction Group nor for any claim against Porter Auction Group. 7. WARRANTY AND CONDITION OF ITEMS SOLD: ALL LOTS AND ITEMS ARE SOLD AS IS, WHERE IS, WITH ALL FAULTS, AND WITH NO EXPRESS OR IMPLIED WARRANTIES. THIS SALE IS A SALE TO THE BUSINESS COMMUNITY OF "EQUIPMENT" AND "INVENTORY" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. NO ACTION TAKEN BY PORTER AUCTION GROUP OR ITS AGENTS IS INTENDED TO CREATE ANY EXPRESS OR IMPLIED WARRANY AS TO ANY LOT OR ITEM IN THIS SALE. PORTER AUCTION GROUP SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, ACCURACY, TITLE, OR ANY OTHER STATUTORY OR COMMON LAW WARRANTY. IT IS BELIEVED THAT ALL DESCRIPTIONS ARE ACCURATE, BUT DESCRIPTIONS ARE NOT GUARANTEED. 8. When You Have Been Outbid: If you are outbid during the course of this auction, you will be notified by email. You can review your bids at any time using Porter Auction Group's "Review Bids" feature; items on which you have been outbid will be clearly marked. 9. Reporting Bidding Errors: You should carefully review every bid you choose to make before submitting that bid. Porter Auction Group will not automatically assume that any bid, even a bid that increases your own, lower bid - was made in error. Many bidders routinely increase their own bids to price an item out of the reach of other bidders. If you mistakenly increase your own bid at any time during the auction, or make some other bidding error (e.g. placing your bidder number in the price field), you must immediately contact Porter Auction Group by email at sold@porterauctiongroup.com. Reports of bidding errors must be made via e-mail; phone reports will not be accommodated. 10. Timeliness of Bidding Error Reports: If you make a bidding error during this auction, you must identify and report the error before the auction begins to close. Porter Auction Group will not undo bidding errors reported after the auction has begun to close. 11. Bidder's Duty to Report Fraud: You are responsible for all bids made from your account. If you believe that an unauthorized person has gained access to your account, you must notify Porter Auction Group immediately by sending an e-mail to sold@porterauctiongroup.com. You must also report the incident to the relevant law enforcement authorities and send Porter Auction Group a copy of any resulting police report. You understand and agree that if you do not promptly report any suspected fraud to Porter Auction Group and to the relevant law enforcement authorities, you will be held personally responsible for all purchases made using your account and bidder number. 12. Changes in Circumstance: All aspects of this auction are subject to change without notice. Porter Auction Group reserves the right to - at any time - (1) add or remove items from the auction, (2) split or combine lots, (3) add minimum bids or reserve prices, (4) cancel, suspend, extend or reschedule the sale of an individual item, lot, auction, and/or auction event, (5) make changes to the auction's closing, inspection, or removal times, or (6) take any other action Porter Auction Group deems 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, Porter Auction Group may leave the item on the catalog and buy the item back on behalf of the seller to establish Porter Auction Group's earned commission and the buyer's premium due to Porter Auction Group from the seller. 13. Closing: Porter Auction Group's online auctions are designed to mimic traditional "live" actions. For this reason, this auction will have a staggered, dynamic closing. A. Staggered Closing: This online auction will automatically begin to close at the schedules time with an item closing every 45 seconds. Items' closing times may be extended past their scheduled closing time, however, as a result of Porter Auction Group's dynamic closing feature. B. Soft Closing: The closing time of an item is automatically extended an additional 4 minutes whenever a bid is placed within the four minutes leading up to an item's scheduled closing time. 14. Winning Bids: If you place a bid in this sale, and your bid is determined to be the winning bid, you become obligated to pay for the item that you have won at the price you gave as your bid. A. Reserves: There are lots in this auction sale that do have reserves, which are not shown on the bidding/status/auction online screen or during the auction. If a lot(s) has a reserve and the reserve is met on that lot(s) when the auction closes, the bidder will be notified at the time of invoicing on their winning bid on that lot. B. Notification: If you end up placing one or more winning bids in this auction, Porter Auction Group will contact you by e-mail to let you know which items you have won. This e-mail notification will be the only contact you receive from Porter Auction Group about your winning bids; this means that you are responsible for checking your e-mail following the close of the auction to determine what items you have won. If you do not receive an e-mail identifying you as a winning bidder, it is because Porter Auction Group has no record of your having placed a winning bid. C. Bid Inquiries: If you believe that you placed a winning bid, but do not receive an e-mail, you must notify Porter Auction Group by sending an e-mail to sold@porterauctiongroup.com explaining your situation by 9:00am on the day after of the auction has closed. You agree that Porter Auction Group will be the sole authority regarding the identification of winning bids. 15. Payment: At the conclusion of this auction, the credit card associated with your account will be automatically charged for the full price of your purchases. For this reason, it is imperative that you provide Porter Auction Group with a credit card that can bear the weight of all of your purchases at the moment the auction closes. If paying by cash, money order, certified check or bank wire transfer, you must notify Porter Auction Group either before the ending of the sale or within 24 hours of completion of the sale of that intent. Payments by cash, money order, certified check or wire transfer must be completed within 3 business days after auction sale completion otherwise the credit card on file will be charged for the complete invoice of items purchased. Failure to pay invoices in full within the time herein specified, Porter Auction Group will charge the purchasers credit card that was used at time of registration for any unpaid balance plus a 10% buyer's premium. If the credit card is declined, Porter Auction Group, in addition to all other remedies allowed by law, may resell the items on the unpaid invoice and will subject the Buyer to pay as liquidated damages the full amount of difference between original invoice price and the re-sold price plus any expenses incurred to re-market or re-sell the assets. In the event the Buyer fails to comply with any of the terms and conditions of the sale, the Seller may collect from Buyer damages. Buyer agrees to pay any and all charges and expenses incurred by reason of any breach of the terms and conditions of this sale, including, without limitations, reasonable attorney's fees and reasonable attorney's fees on appeal. Any merchandise remaining at the removal site after the allotted removal period will be considered a breach of contract. All rights to merchandise will be forfeited, all monies, including any Letter of Credit, will be retained by Seller and merchandise will be re-sold or otherwise immediately disposed of at Buyer's expense and Buyer shall not be entitled to any monies associated with the sale of such merchandise. Buyer will lose any right, title or interest Buyer may have acquired and the merchandise shall revert and repossess to the Seller without further notice to Buyer. Any disputes between the Buyer and the Seller must be filed and litigated in West Chester, PA without regard to choice of law provisions, and each party irrevocably submits to the jurisdiction of the Pennsylvania courts in any such action, suit or proceeding. The validity, meaning and effect of this agreement shall be determined in accordance with the laws of the Commonwealth of Pennsylvania. In the event any action, proceeding or hearing is required to enforce any of the terms of this agreement, the prevailing party shall be entitled to recover its costs and expenses incurred therein, including reasonable attorney's fees and reasonable attorney's fees on appeal. A. Suspension: You understand and agree that if, at the end of this auction, Porter Auction Group is twice unable to charge your credit card for the entire amount of your purchases, Porter Auction Group will suspend your online bidding privileges indefinitely. Porter Auction Group will only reinstate suspended accounts if the suspended bidder hands over a $1,000 deposit to be held in escrow for a period of one year. B. Chargebacks Prohibited: You agree that you will accept all charges placed on the credit card associated with your account, and you agree that you will not charge back any amount that Porter Auction Group charges to your credit card. You agree that this provision applies equally to amounts charged in connection with any items you have won and any costs or fees discussed in Paragraphs 18-20 of these Terms and Conditions. 16. Buyer's Premium (With a Discount for Cash Payment Option): There is a 10% buyer's premium at this auction that will be added to all purchases. The buyer's premium will be reduced to 5% if the entire invoice is paid by wire transfer, cashier's check, money order, or company check with a valid bank letter of guarantee. If you bid $100.00 on an item, than at check out you will be invoiced and charged $110.00. There is a 5% discount in buyer's premium for those bidders who pay their "entire" bill in cash. If you are paying your entire bill by cash and you bid $100.00 on an item, then at check out you will be invoiced and charged $105.00 with the discount for cash payment. 17. Sales Tax: Buyer shall pay applicable sales tax imposed by taxing authorities unless Buyer presents a resale certificate exempting the Buyer and Porter Auction Group from the payment of any such sales tax. This sale is listed as a taxable sale, the a 6% Pennsylvania sales tax will be charged on any auction where items have been removed from the original location. If you are tax exempt according to Pennsylvania law, then prior to the end of the auction sale you must email a completed and signed tax exemption form to us at sold@porterauctiongroup.com or fax it to us at 1-877-414-9155. You can download the PA sales tax exemption form from our website. 18. Default and Resale: You agree that if, after being declared the winning bidder, you fail to pay for any item that you have won for any reason, your account will be declared in default. If you still refuse to pay for any item after being notified of your account's being in default, you agree that the auctioneer will have the right to immediately resell your item, and you further agree to pay (1) any cost associated with the resale and (2) any deficiency between your original purchase price and the resale price. 19. Picking Up Your Items: You are solely responsible for the safe and timely pick-up and removal of any items you may win at this auction. If you are unable to safely pick up and remove your items during the removal times that have been scheduled for this sale, PLEASE DO NOT BID. Porter Auction Group does not ship, nor does Porter Auction Group hold items beyond the published removal times. Porter Auction Group will not issue you a refund if you are unable to pick up and safely remove your items during the published removal times. A. Bidder's Duty to Remove Items Safely: Again, you are solely responsible for the safe pick-up, removal, and transportation of your items. You agree that the pick-up, removal, and transportation of your items will be solely at your expense and at your risk. You further agree that you will be responsible for any damage that you or any of your agents cause during any preview or removal period, and also agree that the credit card associated with your online account will be charged for any expenses incurred and/or repairs necessary as a result of any damage that you cause. B. Release Upon Presentation of Receipt: You understand and agree that Porter Auction Group will release your items only after you or your agent presents a sales receipt generated by Porter Auction Group stating that your account is paid in full. You further understand and agree that it is your duty to ensure that any agent picking up items on your behalf has a copy of your paid sales receipt to present at the pick-up location. You explicitly authorize Porter Auction to release your items to any person in possession of your paid sales receipt. No item will be released to any person unless that person presents a paid sales receipt listing the item in question. C. Shipping: Porter Auction Group can also assist you in shipping the auction item(s) that you have won from this sale to anywhere in the domestic United States. All packaging, shipping, and freight costs are the responsibility of the winning bidder. There is a $25.00 palletizing fee to cover costs. If the winning bidder would like their item crated that will be an additional cost of $100.00, so the total for crating is $125.00 to cover supplies and labor. If the bidder should request Porter Auction Group to ship their item(s) purchased at this sale, then Porter Auction Group will not be responsible or liable for any damage of an auctioned item(s) of this sale while in transit with any shipping company. The bidder acknowledges in this agreement that any damage of their item(s) that happens in transit with any of the shipping carriers will be settled through shipping insurance of the shipping carrier. If you need shipping of an item then it is up to you to either call us or email us at sold@porterauctiongroup.com to ask for pricing on shipment of item(s). Failure to request, to inquirer or even disagreement of cost of shipping does not cancel the sale of the item. D. Abandonment: You understand and agree that any item that you do not pick up during the published removal times will be considered abandoned. You understand and agree that you will be charged a reasonable fee for the storage, removal, and/or disposal of any item that is considered abandoned. 20. Disposal of Unclaimed Items: In the event you refuse to pay for or abandon any item that you win at auction, Porter Auction Group will have the option of reselling, removing, storing, or disposing of the unpaid-for or abandoned item. You understand and agree that you will be personally responsible for all deficiencies - and all legal-, collection-, transportation-, and storage expenses - associated with your delinquent account and/or abandoned items. In the event of resale, you agree to pay any cost associated with the resale as well as any deficiency between your original purchase price and the resale price. 21. Non-Delivery: In the unusual event that an item has been totally misdescribed or is unavailable for pickup during the published removal times, you must immediately notify Porter Auction Group's onsite staff of the problem and file a claim for non-delivery within twenty-four hours. You understand and agree that if you fail to make a claim for non-delivery within twenty-four hours of your discovering the problem, your claim for non-delivery will not be honored. Claims for non-delivery may be filed by replying to the e-mail that informed you of your winning binds. Your claim must fully describe the nature of the problem that you have identified. 22. Claims and Choice of Venue: Any claim or controversy out of or relating to these Terms and Conditions, or to any breach thereof, will be settled either (1) in Chester County, Pennsylvania's Small Claims Court, if the claim in question amounts to less than $8,000, or (2) by means of arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, if the claim in question amounts to more than $8,000. In the event of arbitration, any judgments upon the award rendered by the arbitrator may be entered by any court having jurisdiction. You agree that all claims will be litigated or arbitrated on an individual basis, and will not be consolidated with any claim made by another party. Venue in every case will be Chester County, Pennsylvania. You agree that any judgments awarded may be applied to and collected from you personally or corporately. Should any party file an action contrary to this paragraph, the counterparty may recover reasonable legal fees and costs. Further, if you bring a claim against Porter Auction Group and do not prevail, you agree that you will reimburse Porter Auction Group for all reasonable legal fees and costs. 23. Interim or Preliminary Relief: Notwithstanding the contents of Paragraph 22 of these Terms and Conditions, you agree that Porter Auction Group may seek interim or preliminary relief in a court having jurisdiction in order to protect any rights or property that Porter Auction Group may have pending arbitration or litigation. 24. Liability: In all cases, Porter Auction Group's liability, and the liability of the seller of the items in this auction, will be limited to the refund of your purchase price. Porter Auction Group will not be liable for any amount in connection with the postponement or cancellation of this auction, or the withdrawal of any item or lot from this auction. In no event will Porter Auction Group be liable for lost profits or any special, incidental, or consequential damages arising out of or in connection with this auction or any related sale or transaction. A. No Liability for the Acts of Third Parties: Porter Auction Group is not responsible for any action taken by any seller, bidder, or other third party before, during, or after this auction. B. No Liability for Site Malfunction: You understand that this auction is online-only, and so relies on devices and programs that may malfunction without warning. You agree that Porter Auction Group will not be liable for any error or inconvenience that may be the result of such a malfunction. You further understand and agree that Porter Auction Group may void or suspend any sale, or resell any item, if Porter Auction Group determines a transaction to have been affected by any site malfunction. 25. Indemnification: You agree to indemnify, defend, and hold harmless Porter Auction Group and its employees, officers, owners, affiliates, agents, and representatives from and against any claims, losses, damages, liabilities, judgments, fees, costs, and expenses, including reasonable legal fees and costs, related to, arising from, or associated with you, your agents or representatives - including, but not limited to, personal injury or property damage caused at any sales site or during removal or transportation of items won at auction, any dispute with another bidder, or any violation of these Terms and Conditions. The winning bidder assumes unlimited (all) liability with the item(s) and its use(s). There is "no" product merchant warranty offered with the item. Sold-as-is, Where-Is in its present form. The item that is pictured in this auction catalog listing is exactly what is being sold and the item that you will receive. Everything that we have for the item is shown in the photos of this auction listing; this includes all available options that this item has built into it. If you do not see it in the photos or when you preview then it is not in the sale. The condition that listed in the description of each item being auctioned in this sale is simply our opinion of the item and its condition. We urge all bidders to use preview day, or call us to make an appointment, so that the bidder can make their own assessment of condition in deciding their bids on items for this sale. The stainless steel table used in some of the photos of items up for auction in this sale is not included in the sale of the item. Buyer shall indemnify and hold Seller harmless from and against any and all loss, damage, liability or claims (including, without limitation, costs and expenses of litigation and reasonable attorney's fees [collectively "Claims"]) arising from or connected with this agreement, except to the extent such Claims are due to Seller's gross negligence or willful misconduct. 26. Limitations: These Terms and Conditions do not - nor are they intended to - create any agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship. These Terms and Conditions cannot be altered, except in writing by Porter Auction Group. 27. Severability: If any term, provision, paragraph, condition, or other portion of this agreement - or the application of these to any person, place, or circumstance - is held to be invalid, unenforceable, or void, the remainder of this agreement and such term, provision, covenant or condition as applied to other persons, places and circumstances will remain in full force and effect. 28. Governing Law: These Terms and Conditions will be governed by and construed under the laws of the Commonwealth of Pennsylvania. 29. Entire Agreement: These Terms and Conditions contain our entire agreement and supersede any prior oral or written agreements relating to the same subject matter.