Lot # : 17 - Somerset Dough Sheeter

Auction Terms & Conditions THIS IS AN INTERNET WEBCAST AUCTION BUYERS PREMIUM: A 15% buyer's premium will be added to each purchase. If you bid $100.00, you will be charged $115.00 plus 7% Indiana Sales Tax unless you have a valid ST-105 on file with our cashier. Updated Payment Terms: Payment is expected at pickup. We will accept Cash, local checks, AMEX, Discover, Mastercard and Visa. Invoices will be sent out via email at the conclusion of the auction, you can pay your invoice from this link. At the point of pickup we can still charge your credit card that you have on file. At the conclusion of the pick up period all outstanding invoices will be charged to the card on file. Any outstanding balances will have bidding privileges revoked. STAGGERED/DYNAMIC CLOSING: The auction will go live Monday June 5, 2023, Through Monday June 19 6:00PM EST. PREVIEW: Our office is open for Preview Friday June 16 from 10:00AM - 3:00PM. We highly encourage you to stop by look around check out the items you are interested in, or phone our office @ 765-445-7814 with any inquiries you might have. LOAD OUT: Winning bidders may pick their items up at 45 W Carey Street Knightstown, IN. On Tuesday, June 20, 2023, by scheduled pickup. Between the Hours of 10:00-3:00. Please bring any boxes, packing materials, tools, moving equipment, and loading labor you might need. Winning bidders will be sent a link to schedule via email and text message. Please note this is the pickup day. We may or may not be available any other time to facilitate your pickup. We will assess a $10.00 convenience fee to pick up any other time than Tuesdays. Any items left longer than 7 Days will be considered abandoned, and will be donated, disposed, of or resold, and you will be assessed a $25.00 Convenience fee for this service. Any Items Remaining Unpaid or NOT PICKED UP AFTER 7 DAYS will be considered abandoned and will be sold for storage. If you can not make this pick up window, please DO NOT BID! Shipping Arrangements must be made through our office. Please phone us @ 765-445-7814. WARRANTY & CONDITION OF ITEMS SOLD: All items are sold 'AS IS, WHERE IS, with NO WARRANTY expressed or implied. It is the responsibility of the buyer to determine the condition of the items and bid accordingly. Items part of a court ordered sale are subject to court approval. CAUTION: For demonstration purposes various equipment may be joined. Do not assume a lot consists of more than one item simply because they are connected or pictured together. Please inspect the lot numbers and read the descriptions. CATALOG DISCREPANCIES: You are bidding on the described item not the photograph, occasionally the wrong photo may be displayed, always read the item description. CHOOSE 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 are not willing to assume the cost of your mistakes. When in doubt about condition, completeness or suitability for intended use, please bid accordingly. Server & Software Technical Issues: In the event there are technical difficulties related to the server, software or any other online auction-related technologies, Burgess Auctions LLC reserves the right to extend bidding, continue the bidding, or close the bidding. NEITHER THE COMPANY PROVIDING THE SOFTWARE NOR BURGESS AUCTIONS LLC SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON. Email notifications will be sent to registered bidders with updated information as deemed necessary by Burgess Auctions LLC. The auctioneer reserves the right to add or remove items from the auction; split or combine lots; add minimum bids or reserve prices. The auctioneer reserves the right to cancel, suspend, extend or reschedule an individual item and or auction event or to make changes to the auction closing times or inspection or removal times. THESE TERMS ARE A BINDING CONTRACT BETWEEN YOU AND BURGESS AUCTIONS PLEASE READ THEM CAREFULLY. BY ACCESSING AND USING OUR SITES AND SERVICES, WHETHER AS A VISITOR, BIDDER OR SELLER, YOU CONFIRM YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS. WE RECOMMEND THAT YOU PRINT A COPY OF THESE TERMS FOR FUTURE REFERENCE. 1. Services Generally. Any users who choose to conduct or participate in auctions using our Services are acting on their own behalves and are responsible for any actions that they may take with respect to any auctions or related transactions that they may enter into. We do not represent any users of our Sites or Services, and we are not a party to any transaction that may occur between users. You are solely responsible for resolving any disputes that you have with other users of our Sites or Services, whether as a visitor, Bidder, or Seller. However, we may, in our sole discretion, monitor or inquire about disputes or issues between users in order to protect our Sites and Services and address potential non-compliance of these Terms by a user. 2. Access and Use. While we use reasonable efforts to provide our Sites and Services to you for so long as you are compliant with these Terms, we do not guarantee that they will be secure, or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platforms in order to access or use our Sites and Services. You should use your own virus protection software. You may use our Sites and Services only if you can form a binding contract with us, in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. 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You are responsible for, and agree to abide by, all local, state, federal and international laws, rules and regulations applicable to your use of our Sites and Services, and any other tools, services or products offered on our Sites and Services and any transaction you may enter into with other users in connection with using our Sites or Services. Any users located outside the United States must comply with laws, regulations, rules and regulatory orders of the United States, including the Foreign Corrupt Practices Act and the U.S. Export Control Act, in addition to applicable local laws. You may not use our Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government or under similar laws or regulations applicable in other jurisdictions. 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All buyers are required to pay Indiana sales tax unless they have properly filled out and signed and have on file in our office a properly executed IN-ST105 form. Generally speaking, it is the Seller's responsibility to determine what taxes, if any, apply to a transaction and to collect, report, and/or remit the correct tax to the appropriate tax authority; however, to the extent that you have any questions about your own payment, collection, reporting or remittance obligations, you should consult a qualified tax advisor. 11. Financing, Shipping, Insurance and Other Services. We may provide links on our Sites or Services to other websites operated by us, third-party providers or affiliates who provide various services or other offerings, including, without limitation, financing, shipping, and insurance services, pricing tools, and other offerings that might be of interest to you, and only for the convenience of our users. 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You will indemnify, defend, and hold harmless Burgess Auctions, its Owners, Auctioneers, and employee, its subsidiaries, affiliates, and each of their respective officers, directors, employees, agents, successors, and assigns (the "Indemnified Parties") from and against any claim or demand (including reasonable attorneys’ and experts’ fees and costs), made by any third party due to or arising out of (i) your breach of these Terms; (ii) your improper use of our Sites or Services; (iii) any personal injury, death, or property damage caused by or arising out of the listing, sale, transportation or use of any Listed Item(s); or (iv) your violation of any law or rights of a third party, including related to any User Content you provide or post. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without our written consent. While some jurisdictions may limit your liability hereunder, this indemnity shall apply to the fullest extent permissible by applicable law. 13. Release. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF OUR SITES OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY OTHER BIDDER OR SELLER, ANY THIRD PARTY VISITOR TO THE SITES OR THE PROVIDER OF ANY THIRD PARTY WEBSITE OR APPLICATION THAT MAY BE LINKED TO OR FROM OUR SITES OR SERVICES, YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE INDEMNIFIED PARTIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE. 14. California Notice. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." 15. 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IN NO EVENT SHALL THE TOTAL LIABILITY OF THE INDEMNIFIED PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE) ARISING FROM THESE TERMS, THE PURCHASE, SALE OR USE OF ANY LISTED ITEM(S), OR YOUR USE OF OUR SITES OR SERVICES EXCEED, IN THE AGGREGATE, THE LESSER OF ONE THOUSAND DOLLARS ($1,000.00) OR THE TOTAL FEES EARNED BY US IN CONNECTION WITH THE LISTED ITEM(S) TO WHICH THE APPLICABLE CLAIM RELATES. 16. General. 1. Governing Law. These Terms are governed by and construed in accordance with the laws of the State of Indiana without regard to its conflict of law provisions. You irrevocably agree to the exclusive jurisdiction of the courts of Henry County, Indiana, USA for any dispute arising out of these Terms. 2. Translations. For all purposes, the English language version of these Terms shall be the original, governing instrument and understanding of the parties. In the event of any conflict between the English language version of these Terms and any subsequent translation into any other language, the English language version shall govern and control. 3. Amendments. We may modify, add, or remove any portion of these Terms (including any Bidder User Terms, Seller User Terms and Conditions incorporated herein), from time to time, in our sole discretion, with or without notice to you, by posting such change on our Sites and/or Services. Once posted, such changes shall come into full force and effect. 4. Entire Terms. The introductory paragraph, and any documents that are linked to or referenced in these Terms, are hereby incorporated by reference and made part of these Terms. Collectively, the foregoing constitute the entire agreement between the parties and supersede all prior agreements and understandings, whether written or oral, relating to the subject matter of these Terms. 5. Advice. Any guidance, discussions, or advice provided by Burgess Auction, its employees, independent contractors and agents related to using our Sites and Services, including but not limited to guidance for placing and/or bidding on Listed Item(s), is intended for general information purposes only. It is not intended as legal advice, and you agree that you will independently evaluate and not rely on such advice for any purpose. 6. Headings. Headings used in this agreement are intended, and shall for all purposes be deemed to be, for convenience only and shall have no force or affect whatsoever in the interpretation of this agreement. 7. Reformation. If a court of competent jurisdiction determines that the scope of any provision of these Terms is too broad to be enforced, the court shall reform such provisions to such narrower scope as it determines to be enforceable. 8. Survival. Provisions of these Terms, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of these Terms, including but not limited to, Sections 5, 9, 10, 14, 15, 16, 17, 18, and 19. 9. Severability. If any provision of these Terms is determined to be unenforceable for any reason and is unable to be reformed by a court of competent jurisdiction as provided above, such provision shall be deemed separate and severable and the unenforceability of any such provision shall not invalidate or render unenforceable any of the remaining provisions hereof. 10. Successors and Assigns. These Terms shall be binding upon and inure to the benefit of both parties and their respective successors and permitted assigns. These Terms may not be assigned by you without our prior written consent. We may freely assign these Terms to any third party. 11. Waiver. No delay or omission by a party in exercising any right under these Terms shall operate as a waiver of that or any other right. A waiver or consent given by a party on any one occasion shall be effective only in that instance and shall not be construed as a bar or waiver of any right on any other occasion. 12. Conflicts. The provisions set forth in these Terms shall prevail over a conflicting provision (if any) set forth in the Bidder User Terms or Seller User Terms. 17. International Availability. We do not represent that our Sites and Services are available worldwide, or that bidding, or any proposed purchase and sale transactions between users can occur in every location in the world. You agree to comply with all local rules regarding online conduct and acceptable content, including, without limitation, applicable laws regarding the transmission of data exported from the United States to the country in which you reside. Please note that additional or different terms may apply if you reside outside of the United States. Please click on the location link below for more details: 18. Other Terms. Our Privacy Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us. Our Cookies Policy sets out our policy in relation to cookies. Last Updated 3 June 2020 © 2020 Burgess Auctions