Lot # : 111 - Tonka Forklift

TOM HALL AUCTIONS, INC. ("Auctioneer) ONLINE AUCTION USER AGREEMENT I1. Access and use of any online auction site of maintained by Auctioneer (the "Site") is subject to any and all specific terms and conditions set forth on any individual page within the Site and the terms and conditions of this User Agreement (the "Site User Agreement") and all applicable laws and regulations, including but not limited to copyright and trademark laws. BY ACCESSING THIS SITE, YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT and to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this Site. Legal action will be taken against anyone violating the terms and conditions of the Site User Agreement or any other applicable law or regulation. Auctioneer reserves the right to periodically change the terms and conditions of the User Site Agreement and it is the Bidders' responsibility to periodi-cally review any and all changes made to these terms and conditions prior to each use of this Site. By using this Site, you agree in advance to accept any such changes. 2. To receive an online Bidder number you must follow the registration procedure on the Site and provide Auctioneer with a valid, nationally recognized credit card. Bidders expressly au-thorize the Auctioneer to use their credit card to satisfy the payment amount as well any depos-it that may be required. During a sale you can bid for a lot by clicking the "BID" button. Each bid shall be final and binding as soon as you click t he "BID" button. The current bid will be dis-played on your screen during the sale. In the event of a tie between a bid placed by you online and any other identical bid(s) (including, but not limited to, bids made in person on the sale premises or at the Auctioneer's gallery, and telephone bids), it will be at the Auctioneer's sole and absolute discretion as to which bid shall be accepted, and such determination by the Auc-tioneer shall be final, binding and conclusive. YOU ACKNOWLEDGE THAT YOU ARE BIDDING IN A LIVE AUCTION AND YOU AGREE THAT EACH BID SUBMITTED AS PROVIDED IN THESE TERMS AND CONDITIONS IS IRREVOCABLE AND CANNOT BE AMENDED OR CORRECTED, EVEN IF SUB-MITTED IN ERROR AND NOTIFIED TO US. YOU ACCEPT FULL LIABILITY FOR ALL BIDS SUBMITTED VIA YOUR ONLINE BIDDING ACCOUNT (INCLUDING THE LIABILITY TO PAY IN FULL AND ON TIME IN ACCORDANCE WITH THESE TERMS AND CONDITIONS FOR ANY LOT THAT IS THE SUBJECT OF A SUCCESSFUL BID SUBMITTED FROM YOUR ACCOUNT). AUCTIONEER RESERVES THE RIGHT TO REJECT A REGISTRATION TO BID ONLINE, WITHDRAW ITS PERMISSION FOR YOU TO USE ONLINE BIDDING, OR TERMINATE AN ONLINE BIDDING ACCOUNT, FOR ANY REASON AT ANY TIME PRIOR TO, DURING OR AFTER A SALE. 3. Unpaid Invoices will be emailed to successful Bidders the next business day of the close of the auction. Applicable taxes will be added to the purchase price of all taxable items. Collection of applicable taxes will be in accordance with the laws of the state where the purchased asset is located. 4. 15% Buyers Premium. 5. All items bid on and awarded to you as high Bidder are your property upon payment of your invoice. Buyer will be furnished an electronic unpaid receipt at the conclusion of the sale. 6. By registering a Bidder agrees to accept all charges place on the card that is authorized for use at registration, and Bidder waives any and all rights concerning charge-backs or refunds for any items charged to the authorized credit card. You will be suspended or permanently banned from the Site if you provide false information when registering, such as a false name or fraudulent contact information. You will be permanently banned from this Site if you are the successful Bidder and you do not honor your auction bid. Auctioneer's use of e-mail addresses is strictly limited to contact Buyers and Owner/Sellers; any use of this private information by you is strictly prohibited. 7. The descriptions of item/lots appearing in the auction and in advertising prior to the auction are believed to be correct. Nevertheless, neither those descriptions nor any oral state-ments made by Owner/Seller or Auctioneer concerning any item/lot shall be construed as a warranty either express or implied. ITEM/LOTS ARE SOLD AS IS - WHERE IS and WITH ALL FAULTS. Bidder acknowledges that all item/lots were available for inspection prior to the auc-tion and, by these terms, Auctioneer and Owner/Seller strongly encourage Bidder to carefully inspect each item/lot in which Bidder has any interest to determine the item/lot's nature, quali-ty, condition, quantity and size. Bidder relies solely on personal inspection and not on infor-mation listed on the Site or otherwise provided by Auctioneer or Owner/Seller. Bidder's failure to inspect, or otherwise be fully informed as to the nature, quality, condition, quantity and size of any item/lot will not constitute ground for any claim, adjustment, refund, termination of the contract for sale, or refusal to close the sale, against Auctioneer or Owner/Seller. Condition Re-ports: Auctioneer and its employees are pleased to provide you with the condition of lots of-fered for auction. However, since we are not professional conservators or restorers, we urge you to inspect each lot yourself or have an agent do so on your behalf. Prospective Bidders should satisfy themselves as to condition and must understand that any statement made by Auctioneer or its employees is merely a subjective assessment and not a qualified opinion NOTWITHSTANDING WRITTEN REPORTS OR ANY DISCUSSION CONCERNING CONDITION IN THE CATALOGUE OR ON THE SITE. All item have been evaluated and verified by an independent Graduate Gemologist. All diamond and gemstone grading is done under GIA standards as the mounting permits, where gemstones are present; where mountings impede accurate measurements, (estimated) dimensions are provided. All weights and measurements are estimated and approximate. Industry standard and accepted treatments for gemstones are assumed unless otherwise noted. 8. This User Agreement constitutes the final expression of the parties' agreement and a complete and exclusive statement of the terms of the sale. THE IMPLIED WARRANTIES OF MER-CHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES, EI-THER EXPRESSED OR IMPLIED, ARE SPECIFICALLY EXCLUDED FROM THIS SALE AND TRANSAC-TION AND SHALL NOT APPLY TO THE MERCHANDISE THAT IS THE SUBJECT OF THESE SALES. De-spite efforts to avoid the withdrawal of item/lots from the sale after they are listed it may sometimes be necessary. Auctioneer and the Owner/Seller reserve the right to do so at any time before or during the sale. The Owner/Sellers of property sold through this Site reserve the right to reject any and all bids in their sole discretion. 9. Merchandise becomes the full responsibility of Buyer at time of PAYMENT, and Buyer assumes all risk of loss and damage to property until removed from sale premises. Own-er/Seller and Auctioneer agree that merchandise must be removed from the sale premises no later than the date and time for pick-up posted on the Site at the time of registration. THE DATE AND TIME BY WHICH ALL MERCHANDISE MUST BE REMOVED FROM THE SALE PREMISES IS POSTED ON AN AUCTION-BY-AUCTION BASIS, ON THE SPECIFIC AUCTION PAGE. 10. The final highest purchaser shall be designated at the end of each auction sale. If a dis-pute arises between two or more Bidders, Auctioneer reserves the right to reopen bidding. Auc-tioneers designation of the Buyer shall be final. Bid increments: Bidding generally opens at half the low estimate if provided and advance in preset increments which are determine for each auction event. 11. Bidder accepts responsibility for and agrees to indemnify, defend and hold harmless each Owner/Seller and Auctioneer and their employees, governing body, officers, owners, affil-iates, subsidiaries, directors, agents and representatives from and against any and all claims, losses, damages, liabilities, judgments, fees, costs and expenses (including reasonable attor-neys' fees and expenses) related to, arising from or associated with Buyer's, his agents or rep-resentatives, use of the Site, including but not limited to personal injuries or property damage incurred on the sale premises or during removal and transport of any auction item/lots, and arising out of, based upon, or resulting from any breach or violation by Bidder of this Site User Agreement or any use by Bidder of the Site or as a result of a dispute with another Bidder. 12. Auctioneer is providing services as an independent contractor for the Owner/Seller only and is not responsible for statements made by other parties. 13. This User Agreement constitutes a binding agreement between Bidder and Auctioneer until terminated by Auctioneer, which Auctioneer may do at any time, without notice, in Auc-tioneer's sole discretion. If Bidder dissatisfaction occurs with the auction sale in any way, Bid-der's only recourse is to immediately discontinue use of the auction Site. Auctioneer reserves the right to terminate Bidder registration and use of the auction Site, and impose limits on cer-tain features of the auction Site or restrict Bidder's access to, or use of, part or the entire Site without notice or penalty. 14. Auctioneer cannot, and will not, be held responsible for any interruption in service, er-rors, and/or omissions, caused by any means and does not guarantee continual, uninterrupted or error free service or use of the Site. Bidder acknowledges that this auction is conducted elec-tronically and relies on hardware and software that may malfunction without warning. The Auc-tioneer, in its sole discretion, may void any sale, temporarily suspend bidding and re-sell any item/lots that were affected by any malfunction. The decision of the Auctioneer is final, binding and conclusive. The content displayed on the Site may contain inaccuracies and typographical errors and Auctioneer does not warrant the accuracy or completeness of the content or that any defects will be corrected. Any reliance on any such content, advice, statement, or other in-formation shall be at your sole risk. Auctioneer reserves the right, in its sole discretion, to cor-rect any errors or omissions in any portion of the Site and to make any changes to the features, functionality or content of the Site at any time. Access to the Site is made available as a conven-ience and on a temporary basis, and Auctioneer reserves the right to suspend or terminate any aspect or feature of the Site at any time, with or without notice. Without limiting the foregoing, Auctioneer may suspend access to the Site to carry out scheduled or unscheduled maintenance or for any other reason at any time. 15. Auctioneer gathers information about Bidders and Owner/Sellers for the purposes of conducting online auctions. Auctioneer does not sell or rent this information. Auctioneer uses email mailing lists to notify its customers about online and live auctions. If you are receiving a particular mailing and wish to discontinue receiving future mailings, simply forward the re-ceived email to Auctioneer to have your name promptly removed from our list. 16. As a Bidder, placing a bid is a binding contract between you and the Owner/Seller and the bid cannot be retracted. Once you place a bid, and if you win, you will be obligated to buy the product at the said price you indicated as your bid. Placing a bid on this Site, and winning, then not paying for the product is illegal, and prosecution can result. The Own-er/Sellers of property sold through this Site reserve the right to reject any and all bids, in their sole discretion. HiBid undertakes the execution of online bidding as a convenience for clients and is not responsible for any inadvertent failure to execute bids, or for any error in the execu-tion of bids. 17. As a Bidder you are responsible for any bids placed under your bidding number and password. The security of your Bidder information is your sole responsibility as you, the Bidder, will be responsible for any and all bids placed under your number. If at any time you feel that your Bidder number and password have been compromised due to lack of security on your part you must notify Auctioneer immediately. 18. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the Site or the content contained herein without our prior, express written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You agree that you will not take any action that imposes an unreasonable or dispro-portionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Site without prior, ex-press written permission of Auctioneer. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCA-PABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. 19. No legal advice is intended or implied by anything contained within the Site. No obliga-tion, liability, responsibility, accountability or burden is undertaken, assumed or otherwise im-posed by maintaining the Site. 20. Any controversy or claim arising out of or relating to this Site User Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Ameri-can Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any oth-er party. The arbitration shall be conducted in Allentown, Pennsylvania, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Auctioneer may seek any interim or preliminary relief from a court of competent jurisdiction in Lehigh County, Pennsylvania if necessary to protect the rights or property of Auctioneer pending the comple-tion of arbitration. You and Auctioneer are independent contractors, and no agency, partner-ship, joint venture, employee or franchiser-franchisee relationship is intended or created by this Agreement 21. This User Agreement and any disputes arising out of or related to the Site shall be gov-erned by and construed and enforced in accordance with the laws of the State of Pennsylvania as applicable to contracts entered into and to be performed entirely within the State of Penn-sylvania. If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Auctioneer's failure to act with respect to a breach by you or others does not waive the right to act with respect to subsequent or similar breaches. This User Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. 22. Auctioneer may from time to time make changes to these terms and conditions. Any changes will be posted on the website at www.tomhallauctions.com and Auctioneer will en-deavor to notify you of the same by means of a notice and link to the revised terms on the web site. Please review these terms and conditions regularly to ensure you are aware of any changes made by the Auctioneer. If you use the Site after changes have been made and posted, you shall be deemed to have agreed to such changes. If you do not agree to such changes, you should not make any subsequent use of the Site. 23. PICK UP: THIS IS VERY IMPORTANT! ITEMS MUST BE PICKED UP DURING THE HOURS LISTED ONLY. NO OTHER PICKUP DATES WILL BE OFFERED. IF THE ITEMS ARE NOT PICKED UP DURING THESE HOURS THE ITEMS WILL BE CONSIDERED ABANDONED AND YOU WILL NOT RECIEVE A REFUND. See PICK UP TAB FOR DATES AND TIMES. 24. Payment: See Payment tab. Note: If you have any questions pertaining to any of the items in this auction feel free to call Tom Hall Auctions. Your use of this online auction Site constitutes your acceptance in full of this User Agreement and of all terms and conditions contained here-in