Lot # : 27 - CHERRY PICKER/ENGINE HOIST

NEW 2023 TERMS PLEASE READ: If you do not pick up your items on day we have listed, you will forfeit items but still have to pay for them. If you want to bid on this online auction, you will first have to read these Terms and Conditions. By placing a bid, you agree that you have read and understand the Terms and Conditions and understand the terms are binding on both you and on the Auctioneer, and all parties will be expected to abide by the Terms and Conditions if any issues arise in connection with this sale. IF YOU DO NOT PICK UP YOUR ITEMS WITH-IN 10 BUSINESS DAYS YOU WILL FORFEIT YOUR ITEMS. ALL items are sold “WHERE IS, AS IS” with no warranties implied. Buyer must provide their own packing material, boxes, bags and help (and tools) to disassemble, carry and load items. Pickup and Removal: ALL items from lot must be removed from auction location. Please make sure you can remove items during designated removal day and times. You are responsible for paying for your items regardless if you pick them up or not. Please read these Terms and Conditions carefully! They contain important information about the online auction itself and your rights and responsibilities as a bidder.Terms: Payment in full day of sale, 15% buyers premium. All items are SOLD “AS IS, WHERE IS and WITH ALL FAULTS”. All Sales are Final, NO Refunds! You, the bidder agrees not to stop payment on checks, disallow a bank draft, credit card and or any type payment and will be fully responsible for any expenses due to collection of any type payment. Any type chargebacks, the auctioneer may be able to get a judgement locally that can, potentially, be transferred to the buyers jurisdiction and be entitled to any attorney fees incurred in collecting monies. All parties agree that any litigation will be filed in Knoxville, TN. Warranty: All items are sold “AS IS, WHERE IS and WITH ALL FAULTS”, without any warranties expressed, implied or guarantees of any kind. All Sales are Final, NO Refunds! Catalog, web, and ad descriptions are NOT GUARANTEED. The descriptions have been prepared from information that Powell Auction & Realty LLC believes to be reliable. Powell Auction & Realty LLC attempts to ensure 100% accuracy; however, Powell Auction & Realty LLC is not liable for any errors, omissions, or inaccuracies in the catalog or other written or verbal descriptions. Bidders are responsible to thoroughly inspect items before bidding and to satisfy themselves of such matters as suitability, marketability, completeness, year, make, model, and/or condition. IF YOU ARE IN ANY WAY UNSURE AS TO ANY MATTER HEREIN, Powell Auction and Realty URGES YOU TO NOT BID. Internet Bidding Powell Auction & Realty LLC will be held harmless, if the internet service fails to function properly or correctly, power outages, computer or internet complication’s, before, during or after the auction. Bidding may extend, if bids are placed within the last minute, to prevent bid sniping. Powell Auction & Realty LLC will not be responsible for any missed bids from any source and we reserve the right to withdraw, rearrange and or extend properties, on line internet bidding, without notice, at the auctions sole discretion. Online bidders: Sometimes we may use several online internet providers, so you will receive an email from us, if you are the actual winner of the item. In the event of a tie bid between internet bidder and floor bidder, the tie will always be awarded to the floor bidder. If your provider is Hibid, you will receive an email, from them stating that you may have won an item. Afterwards Powell Auction & Realty LLC, will send you another email (If you are the actual high bidder) stating the you are the high bidder, with an invoice attached. This invoice may not include shipping fees or credit card fees. The email may be sent the following business day. Note: when registering on Hibid, after you fill out your registration & information, then they will charge your credit card $1.00. You will need to update your info every 3 months & you will be charged $1.00 on your credit card. We are NOT responsible for any ITEMS that are left. ANY item(s) left for more than 10 days will be sold WITHOUT NOTICE!!! Powell Auction and Realty LLC reserves the right to revoke any bidders rights to bid at any auctions facilitated by Powell Auction & Realty LLC. Powell Auction & Realty LLC reserves the right to change the TERMS AND CONDITIONS, add or delete without notice. All sales will be recorded by audio and/or in writing. The record of the number of the bidder, the bid, and amount thereof shall be prima facie evidence of the circumstances of the sale, and all disagreements will be resolved with this record. Sales tax may apply to your purchase please check with auction company to verify. 1. Registration: To gain access to this online auction, you will need to register and create a user name and password. You must be eighteen 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 banned from participation in the Auctioneer’s auctions indefinitely should you provide any false information during the registration process. 2. Credit Card: YOU MUST ENTER A CREDIT CARD JUST FOR ACCESS FOR ONLINE BIDDING BUT PAYMENT MUST BE IN CASH, CHECK W/ BANK LETTER OR WIRE TRANSFER. 3. 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 – changes at any time prior to, during, or after this sale, you will notify the Auctioneer of the change by updating your bidder profile. 4. Conduct of Sale: All 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 publicly display any content from the Auctioneer’s website without first obtaining written permission from the Auctioneer. 5. Bidder’s Duty to Investigate: You are bidding based on the description and photos provided. Carefully inspect the description and photos for condition and finish. If you are not certain of the condition, completeness or suitability of a given item, please bid accordingly a. Photographs and Descriptions: The Auctioneer 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. Also understand that, on occasion, the wrong photograph may be displayed for a given item. At all times, you are bidding on items as they are described on this website, not as they appear in any photograph. b. Bid Wisely: We want everyone to be pleased with their purchases. 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 become fully informed about the items offered for sale in this auction will not be grounds for a refusal to pay amounts due to the Auctioneer nor for any claim against the Auctioneer. 6. 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. no action taken by the auctioneer or its agents is intended to create any express or implied warranty as to any lot or item in this sale. the auctioneer specifically disclaims any express or implied warranties including, but not limited to, any warranty of merchantability, fitness for a particular use, conformity with environmental laws or requirements, non-infringement, accuracy, title, or any other warranty. it is believed that all descriptions are accurate descriptions are not guaranteed. 7. When You Have Been Outbid: If you are outbid during the course of this auction, you will be notified by email, if you have chosen this option when you registered. You can see if you are high bidder at any time using the “Watch List” feature; items which you have put on the Watch List will show the bidder name of the high bidder. 8. Reporting Bidding Errors: You should carefully review every bid you choose to make before submitting that bid. The Auctioneer will not automatically assume that any bid, even a bid that increases your own lower bid, was made in error. 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 the Auctioneer immediately by sending an e-mail to info@estatesaleesperts.com. You must also report the incident to the relevant law enforcement authorities and send the Auctioneer a copy of any resulting police report. You understand and agree that if you do not promptly report any suspected fraud to the Auctioneer and to the relevant law enforcement authorities, you will be held personally responsible for all purchases made using your account and bidder number. 9. Changes in Circumstance: All aspects of this auction are subject to change without notice. The Auctioneer 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 the Auctioneer 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, the Auctioneer may leave the item on the catalog and buy the item back on behalf of the seller to establish the Auctioneer’s earned commission and the buyer’s premium due to the Auctioneer from the seller. Auctioneer reserves the right to bid on behalf of a seller up to any reserves. Auctioneer and staff retain the right to bid and buy at the auction under same terms and conditions as any other bidder. 10. Closing: The Auctioneer’s online auctions are designed to mimic traditional “live” actions. For this reason, this auction will have a staggered, dynamic closing. a. Staggered Closing: auctions will be either sold close online only or live with internet bidding. Sold close will allow extended bidding until no bids are placed for one minute. Live auctions with internet bidding allows rebidding and bidding during live auction. 11. 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(s) that you have won at the price you gave as your bid. a. Notification: If you end up placing one or more winning bids in this auction, the Auctioneer will contact you by the e-mail you registered with to let you know which items you have won. This e-mail notification will be the only contact you receive from the Auctioneer about your winning bids; this means that you are responsible for entering a correct mail and 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, check your junk or spam list to see if it is there. If you do not receive an e-mail identifying you as a winning bidder it is because the Auctioneer has no record of your having placed a winning bid. b. Bid Inquiries: If you believe that you placed a winning bid, but do not receive an e-mail, you must notify the Auctioneer 1-865-938-3403 explaining your situation by 9:00am on the day after of the auction has closed. You agree that the Auctioneer will be the sole authority regarding the identification of winning bids. If a auctions closes after 6 Pm you will receive your email the following day. 12. Payment: CASH, CHECK W/ BANK LETTER OR WIRE TRANSFER. CREDIT CARD IS ONLY USED FOR YOUR REGISTRAION ACCESS FOR ONLINE BIDDING BUT PAYMENT MUST BE IN CASH, CHECK W/ BANK LETTER OR WIRE TRANSFER. a. Suspension: You understand and agree that if, at the end of this auction, the Auctioneer is twice unable to charge your credit card for the entire amount of your purchases; the Auctioneer will suspend your online bidding privileges indefinitely. 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 the Auctioneer charges to your credit card. 13. Buyer’s Premium: A 15% buyer’s premium is added to every purchase. This means that if your winning bids add up to $100, you will be charged $115 at checkout. 14. 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. 15. Picking Up Your Items: You are solely responsible for the safe removal of any items you may win at this auction during the posted pick up dates and times. If you are unable to safely pick up and remove your items during the item pick up times that have been scheduled for this sale, PLEASE DO NOT BID. Unless stated otherwise the Auctioneer does neither ship, nor does the Auctioneer hold items beyond the published removal times. The Auctioneer 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. IF WE BRING BACK TO OFFICE A $30 HAUL FEE WILL BE ADDED. You further agree that you will be responsible for any damage that you or any of your agents cause during any inspection 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 the Auctioneer will release your items only after you or your agent presents a sales receipt generated by the Auctioneer 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 the Auctioneer 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. Abandonment: You understand and agree that any item that you do not pick up during the published pick up times will be considered abandoned. You understand and agree that you will be charged a reasonable fee for the removal, and/or disposal of any item that is considered abandoned. On select items the Auctioneer may be able to transport to warehouse for later pick up for a minimal fee with previous communication. 16. Disposal of Unclaimed Items: In the event you refuse to pay for or abandon any item that you win at auction, the Auctioneer will have the option of reselling, removing, storing, or disposing of the unpaid or abandoned item. You understand and agree that you will be personally responsible for all deficiencies including 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. 17. Non-Delivery: In the unusual event that an item has been totally miss-described or is unavailable for pickup during the published removal times, you must immediately notify the Auctioneer’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. 18. 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 Knoxville Tennessee Small Claims Court, if the claim in question amounts to less than $5,000, 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 $5,000. In the event of arbitration, 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 Knoxville Tennessee. 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 the Auctioneer and do not prevail, you agree that you will reimburse the Auctioneer for all reasonable legal fees and costs. 19. Interim or Preliminary Relief: Notwithstanding the contents of Paragraph 22 of these Terms and Conditions, you agree that the Auctioneer may seek interim or preliminary relief in a court having jurisdiction in order to protect any rights or property that the Auctioneer may have pending arbitration or litigation. 20. Liability: In all cases, the Auctioneer’s liability, and the liability of the seller of the items in this auction, will be limited to the refund of your purchase price. The Auctioneer 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 the Auctioneer 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: The Auctioneer 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 or live with internet bidding, and so relies on devices and programs that may malfunction without warning. You agree that the Auctioneer will not be liable for any error or inconvenience that may be the result of such a malfunction. You further understand and agree that the Auctioneer may void or suspend any sale, or resell any item, if the Auctioneer determines a transaction to have been affected by any site malfunction. 21. Indemnification: You agree to indemnify, defend, and hold harmless the Auctioneer 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. 22. 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 the Auctioneer. 23. 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. 24. Governing Law: These Terms and Conditions will be governed by and construed under the laws of the State of Tennessee. 25. Entire Agreement: These Terms and Conditions contain our entire agreement and supersede any prior oral or written agreements relating to the same subject matter. 26. We reserve the right to have payment made by cashiers/certified check or wire transfer only. We also reserve the right to demand a bank letter of guarantee for personal checks. Employees of Powell Auction are allowed to bid on any item under the same terms and conditions as every other bidder. Powell Auction reserves the right to bid, on behalf of the seller, up to any reserve price placed on any item.