INSPECTION: The bidder is invited, urged and cautioned to inspect the property prior to bidding. Property will be available for inspection at the places and times specified. Persons in attendance during inspection, sale or removal of merchandise assume all risks of damage or loss to persons, property, or merchandise and shall always exercise proper precautions for the protection of persons and property and shall comply with all safety and health requirements as directed by Auctioneer, and local, state and federal regulations. Auctioneer, its agents, its employees and representatives shall not be liable by reason of any defect in or about the condition of the premises on which the auction is held. Buyer specifically releases Auctioneer, its agents and representatives from all liability thereof. SYSTEM FAILURES: In the rare event of system failure, Mike Davis Auctioneers reserves the right to cancel and/or reopen the auction. CONDITION & LOCATION OF PROPERTY: All property listed is offered for sale "AS IS, WHERE IS, WHAT IS" unless otherwise provided. Mike Davis Auctioneers nor the consignor makes no warranty, expressed or implied as to quantity, kind, character, quality, weight, size or description of any of the property or its fitness for any use or purpose. CONSIDERATION OF BIDS: Mike Davis Auctioneers, as a commissioned agent for the consignor reserves the right to reject any or all bids including all bids under which a bidder would take unfair advantage of the consignor or other bidders, to waive any technical defects in bids, and unless otherwise specified by the consignor or by the bidder, to accept any one item or group of items in the bid, as may be in the best interest of the consignor. Mike Davis Auctioneers reserves the right to bid on behalf of individual consigners, consigning agencies, and itself. FORMS OF PAYMENTS: Acceptable forms of payment are MasterCard and Visa. PAYMENT: The purchaser agrees to pay for property awarded to him in accordance with the prices quoted in his bid. Subject to any adjustment made pursuant to any provisions of this contract, payment of the full purchase price must be made on the day of the auction within the time specified in the flyer or on the website. If an adjustment is made, requiring additional payment, such payment must be made immediately upon notice of such an adjustment. Payment will be automatically billed to buyers' card on file at end of auction. If the card is declined, further attempts to decrease the amounts may be made until the balance is paid in full. ALL SALES ARE FINAL: The condition of the merchandise being offered varies. Buyer understands and agrees: (1) that any description or sample of the merchandise given or furnished by Auctioneer is solely for identification, and does not create any warranty, express or implied, that the merchandise actually conforms to such description or sample; (2) that all merchandise is purchased and accepted by Buyer "AS IS-WHERE IS," 'IN PLACE" and "WITH ALL FAULTS, KNOWN AND UNKNOWN." AUCTIONEER MAKES NO WARRANTIES OR GUARANTEES WHATSOEVER WHETHER WRITTEN, ORAL OR IMPLIED AS TO QUALITY, QUANTITY, CONDITION, LOCATION, USEABILITY, SALEABILITY, WEIGHT, MEASUREMENT, BRAND, MAKE, STYLE, YEAR, MODEL, MECHANICAL CONDITION, PERFORMANCE, AND FITNESS FOR A PARTICULAR PURPOSE OR OTHER SPECIFICATIONS. MANUFACTURERS' WARRANTIES MAY BE IN EFFECT. NO SALE SHALL BE INVALIDATED AND AUCTIONEER SHALL HAVE NO LIABILITY FOR A MISDESCRIPTION OF ANY ARTICLE OR LOT WHETHER CONTAINED IN A CATALOGUE, ADVERTISEMENT OR OTHERWISE. Descriptions have been prepared for guide purposes only and shall not be relied upon by Buyer for accuracy or completeness. By submitting a bid, Buyer/Bidder affirms it has inspected all items or has waived its right to do so prior to bidding. Buyers shall be deemed to have relied entirely upon their own inspections and investigations. NON-CHARGEBACK AGREEMENT: BUYER AGREES THAT ALL SALES ARE FINAL. ALL ITEMS ARE SOLD "AS IS-WHERE IS," WITH ALL FAULTS AND WITHOUT WARRANTIES. Catalog, web, and advertising descriptions are NOT GUARANTEED. Bidders are responsible to thoroughly inspect items before bidding and to satisfy themselves of such matters as to suitability, marketability, completeness, year, make, model, condition and/or any other consideration. IF YOU ARE UNSURE AS TO ANY MATTER, DO NOT BID. To the maximum extent allowable, buyer hereby waives any and all rights to dispute, or initiate a chargeback, in any manner whatsoever, charges placed on customer's credit or debit account as it pertains to any purchases made with your user account. The customer specifically acknowledges that by utilizing a credit or debit card payment method, for the purchase of items specified on any invoice or transaction made with the user account, the customer has agreed to an additional fee for use of this service. TITLE: Unless otherwise provided in the flyer, title to the property sold here under shall vest in the purchaser as and when removal is affected. On all motor vehicles and motor propelled or motor drawn equipment requiring licensing by a state motor vehicle regulatory agency, a title or proper documents for title will be furnished for each vehicle and piece of equipment unless otherwise provided in the flyer. DELIVERY, LOADING, AND REMOVAL OF PROPERTY: A. The purchaser shall be entitled to obtain the property upon full payment therefore delivery being made only from the exact place where the property is located during the installation. The purchaser must make all arrangements necessary for packing, removal, and transportation of property. Mike Davis Auctioneers offers shipping via FedEx, UPS and Parcel Post. Total shipping charges to be added to total purchases. Loading will only be performed as set forth in the flyer. Mike Davis Auctioneers will provide the initial placement of the property on conveyance(s) furnished by the purchaser and the initial placement on the purchaser's conveyance(s) shall be as determined by the Mike Davis Auctioneers. Mike Davis Auctioneers will not block, chock, brace, lash, band, or any other manner secure the cargo on such conveyance(s) furnished by the purchaser. B. Where it is provided in the flyer that Mike Davis Auctioneers will not load or that the purchaser will load, the purchaser will make all arrangements and perform all work necessary to effect removal of the property. The purchaser shall remove the property at his expense within the period of time allowed in the invitation. C. Items purchased under the sale catalog will be released only to the purchaser or his authorized representative. The authorized representative must furnish authorization from the purchaser to the custodian of the property location before any delivery or release will be made. When property is described as boxed, packed, crated, skidded, or in containers, Mike Davis Auctioneers does not warrant that the property, as packaged, is suitable for shipment. D. Segregation, culling, or selection of property for the purpose of effecting partial or incremental removals will not be permitted except as specifically authorized and prescribed by Mike Davis Auctioneers. E. Buyer is solely responsible to provide any personnel, equipment or material needed to pick up purchases and shall assume all responsibility for the removal of any item of property purchased at the sale and any and all risks associated with such removal including, without limitations, the responsibility for providing LICENSED AND BONDED professionals to ensure proper water, gas and/or power disconnection, disassembly, removal and loading, and full financial responsibility for any damage or liability to persons or property resulting from any negligent act or omission of Buyer or Buyer's employees, agents and/or representatives during pick-up and removal. ADJUSTMENTS FOR VARIATIONS IN QUANTITY OR WEIGHT: The purchase price will be adjusted upward or downward in accordance with the unit price and based on the quantity or weight delivered. Unless otherwise specifically provided in the flyer, no adjustments for such variations where property is sold on a "price for the lot basis". ORAL STATEMENTS AND MODIFICATIONS: Any oral statement or representation by any representative of Mike Davis Auctioneers, changing or supplementing the flyer or catalog or any condition thereof, is unauthorized and shall confer no right upon the bidder or purchaser. Further, no interpretation of any provision of the contract, including applicable performance requirements, shall be binding on Mike Davis Auctioneers unless furnished or agreed to, in writing by the supervisor or his designated representative. CLAIMS LIABILITY: The bidder or purchaser agrees to save Mike Davis Auctioneers and Consignor harmless from any and all actions, claims, debates, demands, judgements, liabilities, costs, and attorney's fees arising out of, claimed on account of, or in any manner predicated upon loss of or damage to property and injuries, illness or disabilities to or death of any and all persons whatsoever, including members of the general public, or to the property of any legal or political entity including state, local or interstate bodies, in any manner caused by or contributed by the bidder or purchaser, it agents, servants, employees, or any person subject to its control while in, upon or about the sale site and/or the site on which the property is located, or while the property is in the possession of or subject to the control or the bidder or purchaser, its agent, servant or employees after the property has been removed from Consignor's control. RISKS: All risk loss shall pass to Buyer at the time of payment. If Auctioneer is unable to deliver an article sold to Buyer due to fire, theft, or any other reasons whatsoever, Auctioneer shall reimburse Buyer for all monies paid to Auctioneer in respect to the article and Auctioneer shall have no further liability to the purchaser arising from or relating to such loss, including without limitation any damages for loss of profits. LIABILITY AMOUNT: In no event shall Auctioneer's liability to Buyer exceed the purchase price actually paid. A Buyer's claim shall be limited to the amount paid for the merchandise and shall not extend to any obligation; risk; liability; right; claim; remedy for loss of use, revenue or profit; liability of Buyer to any third party; personal injury; or any other direct, indirect, incidental or consequential damages. Auctioneer is acting as an agent only and is not responsible for the acts of its principles. WITHDRAWAL OF PROPERTY AFTER REWARD: The Consignors reserves the right to withdraw for its use any or all of the property covered by this contract, if a bona fide requirement for the property develops or exists prior to actual removal of the property from Washington Surplus, Inc control in the event of a withdrawal of this condition, Mike Davis Auctioneers shall be liable only for the refund of the contract price of the withdrawn property or such portion of the contract price as it may have received. ELIGIBILITY OF BIDDERS: The bidder warrants that he is not: (a) under 18 years of age; (b) an employee of the consignor where the consignor prohibits the employee from bidding. For breach of this warranty, Mike Davis Auctioneers shall have the right to annul this contract without liability. REQUIREMENTS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS: It is the bidder's responsibility to ascertain and comply with all applicable federal, state, local and multi-judiciary laws, ordinances, and regulations pertaining to the registration, licensing, handling, possession, transportation, transfer, export, processing, manufacture, sale, use, or disposal of property listed in the invitation. Purchasers or users of this property are not excused from any violation of such laws or regulations either because the United States is the party to this sale or has had any interest in the property at any time. SALES TAX: No sales tax. BUYER'S PREMIUM: 17% Buyer's premium added to total purchases
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