Lot # : 24 - Case 4300 24' Field Cultivator

THE FOLLOWING TERMS & CONDITIONS APPLY YOU HAVE READ AND UNDERSTAND ALL OF THE FOLLOWING TERMS AND CONDITIONS OF THE AUCTION. YOU HEREBY AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. YOU FURTHER AGREE TO BE RESPONSIBLE AND PAY FOR ALL PURCHASES. ADDITIONAL TERMS AND CONDITIONS: Additional terms and conditions of sale may be announced and/or posted at the time of sale. All announcements made the day of the sale take precedence over other advertisements, notices, terms and other published information relating to the auction. BUYER’S PREMIUM: An 7% Buyer’s Premium will be added to the bid price for all purchases made. See individual auction terms for possible variances. ITEM INSPECTION: All items will be made available for inspection. It is a visual inspection only and testing will be permitted under supervision of auction personnel. We strongly recommend buyers to inspect items prior to bidding. Buyers shall rely entirely upon their own inspection and information and bid based upon that judgment solely. All merchandise is sold “As Is” and “Where Is” without warranties or guarantees of any kind. BIDDING: You must be a registered user to bid on items. By bidding, you are stating that you are ready and willing to purchase that item for your bid amount, plus any shipping charges (if applicable) disclosed in the listing. If you are outbid, or your bid does not meet the reserve price, you are under no obligation to buy. But in all other cases, you are entering a contract to buy the item, and to deliver payment within the time period specified (48 hours from auction closing). If you cannot pay please don’t bid. Your bids are final and non-retractable. We will not accept e-mail bids. ABSENTEE (PROXY) BIDS: Absentee bids (if accepted – on a per auction basis) may be presented to Harman Auction in writing and must be accompanied by credit/debit card number 48 hours prior to sale start or online auction close. BIDDER REGISTRATION: All persons who wish to bid in the auction or want to purchase must register by creating an online account. To register, the Bidder must provide all of the registration information requested, and sign the Agreement by checking the ‘I AGREE’ box. By checking this box, you acknowledge that you are binding yourself to this contractual agreement. Bidders must be 18 years of age or older and have a valid driver’s license. Harman Auction reserves the right to refuse to register or admit any person at its sole discretion. Invoices and correspondence relating to purchases will be sent in accordance with the information on the bidder’s registration. Your registration will be accepted but your information will be verified, and your account may be disabled until the necessary information is provided to verify the account. STARTING BID: Harman Auction will predetermine the number of items in an auction. Harman Auction will set the starting bid on each item. STAGGERED/DYNAMIC CLOSING: The auction will begin closing at 7:00 PM (CST) on Wednesday, March 8, 2023. The first item will begin to close at 7:00 PM Central time and an item will close every 30 seconds after. The closing time of each lot will be automatically extended an additional 60 seconds whenever a bid is placed within the last minute of the lot closing. **Some items may be part of a Closing Group. If any lot in this group has its bidding extended at the end of the auction, all of the other lots in this group will have their bidding extended allowing bidders to jump back and forth.** RESERVE AUCTIONS: Unless explicitly stated in the auction terms as an Absolute auction by Harman Auction, each Lot is being sold with reserve or seller’s confirmation as a reserve auction. These terms are applicable to all reserve auctions. Harman Auction maintains the right to withdraw any property or item before and during the sale. The reserve price may not be disclosed. RESERVE BIDDING Any bid submitted below the reserve price will not result in the purchase of a Lot. Reserves may be decreased or removed at any time. BIDDER RIGHTS: All rights granted herein are personal and exclusive to the registered bidder, and may not be assigned or transferred to another person or entity, by operation of law or otherwise. Any attempt to assign or transfer any such rights shall be void and unenforceable. 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Furthermore, Harman Auction shall not be held liable (for lost profits or special damages) or responsible for the function of the website or its inability to function. Buyer acknowledges that hardware malfunctions, software malfunctions, viruses, and similar issues do occur and are beyond the knowledge, scope, and control of Harman Auction. (B) The website is administered by Harman Auction from its offices in the United States of America. Individuals must reside within the United States of America to register to bid online. Harman Auction will not accept bids from individuals who reside outside of the United States of America and its territories. If you access the website from a location outside of the United States of America and its territories, Buyer consents to exclusive and continuing jurisdiction in the United States of America and agrees to be bound by and comply with all applicable laws. (C) Harman Auction reserves the right to deny any person for any reason permission or access to bid online. (D) Winning bidders will be notified via email at the auction close. Harman Auction disclaims any liability for damages, whether direct, indirect, consequential, or incidental, resulting from bids not spotted, executed, or accepted. Bidders should also be careful to bid on the correct lot and ensure that his/her bid is for the amount intended. Harman Auction is not responsible for computer or human error which may result in any customer dissatisfaction. We reserve the right to accept or reject any and all bids or bidders. Harman Auction reserves the right to request a deposit at any time for what Harman Auction considers excess bidding to continue to bid in a specified auction. The sale is complete when Harman Auction so announces. STOP PAYMENT/INSUFFICIENT FUNDS: Upon making payment for a lot(s), no stop payment of funds will be honored. Any stop payment order shall be deemed by the parties to be prima facie evidence of fraud existing at the time the transaction was consummated and shall be construed by the parties as intent to defraud. SALE BY LOTS: Harman Auction reserves the right to include in the auction any Lot and the right to withdraw any Lot prior to posting for bids at the beginning of the auction. Harman Auction may combine, subdivide, regroup or reorganize any Lots. AUCTION ITEM DESCRIPTIONS: ITEMS AND LOTS ARE SOLD AS IS - WHERE IS and WITH ALL FAULTS. All items are described and believe to be correct by the selling parties. Nevertheless, neither those descriptions nor any oral statements made by Owner/Seller or Harman Auction concerning these items or lots shall be construed as a warranty either express or implied. Bidder acknowledges that all items and lots were available for inspection prior to the auction and, by these terms, Harman Auction and the Owner/Seller encourage Bidders to carefully inspect each item prior to bidding. THERE ARE NO WARRANTIES OF ANY ITEM SOLD. WITHDRAWAL OF ITEMS: Harman Auction reserves the right to withdraw from the sale any of the items; to sell at this auction items not listed; to group one or more lots into one or more selling lots, or to subdivide into two or more selling lots. Harman Auction also reserves the right to sell all of the items listed in bulk. ITEM PICKUP: Once the auction is over, the buyer owns the item. Removal of purchased items shall be at the expense, liability, and risk of the purchaser. Purchases can be removed upon presentation of paid receipt to Auction Staff. The pickup information is stated in each auction’s event details. FAILURE TO PICKUP: Pickup times are stated on each individual auction’s terms. Upon failure of purchaser to remove goods within time specified as posted or announced, Harman Auction shall have the option of removing and storing the goods at expense and risk of the purchaser or deeming purchases forfeited. If purchases are determined to be forfeited, Harman Auction may resell without notice at public sale or otherwise dispose of goods at risk and expense of purchaser. Purchaser shall remain liable for loss, expense, and damages arising from the purchaser’s default. NON-DELIVERY RESPONSIBILITY & ABANDONMENT: Purchaser is responsible for removal of all their purchased items. No abandonment of purchased items is allowed. Purchaser will be responsible to pay the full cost of removal or disposal of abandoned items. Harman Auction shall not, in any event, be liable for non-removal or abandonment, or for any other matter to any purchaser of any lot. PERSONAL AND PROPERTY RISK: Persons attending during preview, sale, or removal of goods assume all risks of damage or loss to person and property and specifically release and indemnify Harman Auction from liability. Neither Harman Auction or the seller shall be liable by reason of any defect in, or condition of, the premises in which the sale is held. THE BUYER: Assumes and agrees to indemnify and hold Harman Auction and seller harmless from any future claim that shall pertain to the fitness or use of that asset as being purchased. PAYMENT: By registering to bid and participating in our auction events, you agree to abide by the payment terms stated in the details of each particular auction. Payment in full must be made by Buyer in the form of cash, credit card (Visa, MasterCard, Amex and Discover), money order, cashier’s check, or wire transfer. (if you have a question about whether a credit card is accepted please call Harman Auction before the sale), prior to pickup of any item. Harman Auction reserves the right to refuse credit card payments. Buyer shall pay the purchase price, shipping (if an option), and handling charges (if any), plus any and all applicable taxes unless such taxes are exempted by law (proof of exemption must be provided). WIRE TRANSFERS – ALLOWED FOR PURCHASES OVER $5,000.00. PLEASE NOTE that wire transfers are always subject to bank fees, please add an additional $35 to payment to cover these fees, contact us before you arrange wire transfers to confirm applicable bank fees. CREDIT CARD PAYMENTS – ALLOWED FOR PURCHASES $40,000.00 OR LESS. TITLED ITEMS MUST BE PAID by cash, money order, cashier’s check or wire transfer. SALES TAX: Sales tax will be charged and collected on all purchases, as required by appropriate state/local laws. TAX EXEMPT: It is the Bidder’s responsibility to provide the appropriate resale or exemption certificate for each auction at which the bidder makes a purchase. If you do not provide a valid updated license you WILL be charged tax. NO WARRANTIES: Everything is sold “as is/where is” with no warranties, representation or guarantees expressed, implied or otherwise given. ACCEPTANCE OF TERMS: A bid placed by any person shall be conclusive proof that he or she acquainted himself or herself with the terms and conditions of sale and agreed to be bound by such terms and conditions prior to placing any bid. BREACH OF CONTRACT: If this Agreement, or any terms and conditions announced by Harman Auction, are not complied with, in addition to other remedies available to the seller by law, including without limitation, the right to hold the Buyer liable for the bid price, Harman Auction may: (1) publicly or privately resell the property, with the non-complying Buyer being held liable for the payment of any deficiency purchase price, plus all costs incurred; and/or (2) cancel the sale and retain as liquidated damages all payments made by the non-complying Buyer. Harman Auction’ commissions, all incidental damages, expenses, court costs, costs of collection, and/or attorneys’ fees will be charged to and be the responsibility of the non-complying Buyer. LIMITATION OF LIABILITY: IN NO EVENT SHALL HARMAN AUCTION BE LIABLE TO BUYER FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS AUCTION OR THE PERFORMANCE OR BREACH THEREOF. HARMAN AUCTION’ LIABILITY TO A BIDDER SHALL IN NO EVENT EXCEED THE TOTAL OF THE PURCHASE PRICE, BUYER’S PREMIUM, AND TAXES PAID BY BIDDER TO HARMAN AUCTION, REGARDLESS OF WHETHER BUYER’S CLAIM IS BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. SEVERABILITY: If any provision of this Agreement is declared or determined to be null, void, inoperative, illegal or invalid for any reason, the validity of the remaining parts, terms or provisions will not be affected thereby and they will retain their full force and effect, and said null, void, inoperative, illegal or invalid part, term or provision will not be deemed to be part of this Agreement. INTERPRETATION: Each party to this Agreement acknowledges that it has read, or has had the opportunity to read, the terms provided herein. The parties agree that this Agreement reflects the terms as agreed to by the parties hereto. In the event a term or terms is considered ambiguous, neither party hereto, nor their respective counsel, will be considered the draftsperson of this agreement for the purpose of causing the terms of this Agreement to be construed against a party hereto. APPLICABLE LAW: The parties hereto acknowledge and agree that this Agreement is made and entered into in the State of Illinois, Madison and Macoupin County and will in all respects be interpreted, enforced and governed under the internal laws (and not the conflicts of laws) of the State of Illinois. In the event that the parties hereto, or anyone of them, litigate any actual or potential breach of this Agreement, the parties hereto stipulate and agree that the exclusive and continuing venue for any such action will be in Madison or Macoupin County, State of Illinois, or the United States District Court, located in the State of Illinois.