THESE TERMS ARE A BINDING CONTRACT BETWEEN YOU (AS BIDDER OR ULTIMATE BUYER) AND JAMES G. MURPHY CO. (JGM/AUCTIONEER). PLEASE READ THEM CAREFULLY. BY BIDDING ON ANY AUCTION ITEMS, YOU CONFIRM YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS.
13% BUYERS PREMIUM
ALL SALES FINAL UPON AWARD OF ONLINE BID
PAYMENT:
FULL PAYMENT MUST BE MADE NO LATER THAN 5 PM, FRIDAY, OCTOBER 10TH. PAYMENT MUST BE MADE BY CREDIT CARD, CASHIERS CHECK OR WIRE TRANSFER ONLY. AFTER THE AUCTION CLOSES & YOU RECEIVE YOUR EMAILED INVOICE, PLEASE REPLY AND WE WILL CHARGE YOUR CARD ON FILE. IF AUCTIONEER HAS NOT RECEIVED PAYMENT BY THE FINAL PAYMENT DATE, BUYER AUTHORIZES AUCTIONEER TO CHARGE THE FULL PURCHASE PRICE, THE BUYER'S PREMIUM AND APPLICABLE TAXES, TO THE CREDIT CARD LEFT ON FILE DURING THE REGISTRATION PROCESS.
TO PAY ONLINE GO TO: MURPHYAUCTION.COM/MAKEPAYMENT
REMOVAL:
ALL ITEMS MUST BE REMOVED NO LATER THAN 4:00 PM, WEDNESDAY, OCTOBER 22ND UNLESS OTHERWISE NOTED.
REMOVAL HOURS: 8:00 AM TO 4:00 PM, MONDAY - FRIDAY. **NO REMOVAL UNTIL ALL ITEMS IN THE AUCTION HAVE CLOSED**ITEMS NOT REMOVED BY REMOVAL DEADLINE WILL BE CHARGED $25/PER LOT PER DAY STORAGE FEES AND MAY BE DEEMED FORFEITED. NO SHIPPING OR WEEKEND REMOVAL.
**THERE IS A FORKLIFT AVAILABLE FOR REMOVAL FOR OPERATION BY AUCTIONEER PERSONNEL ONLY**
DOC FEE ON TITLED ITEMS:
A $150.00 DOCUMENTARY SERVICE FEE WILL BE CHARGED ON EACH TITLED ITEM PURCHASED (TRUCKS, CARS, VANS, MOTORCYCLES, BUSES, BOATS & TRAILERS). THE MAXIMUM CHARGE ALLOWED FOR A DOCUMENTARY SERVICE FEE IS $200, BECAUSE THE SELLING PRICE IS DETERMINED BY COMPETITIVE BIDDING, A $150 DOCUMENTARY SERVICE FEE IS DEEMED NEGOTIATED AT TIME OF REGISTRATION AND YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
**THE TITLE OF ANY PURCHASED ITEM WILL ONLY BE TRANSFERRED TO THE REGISTERED BIDDER/BUYER. WE WILL NOT SPLIT INVOICES OR TRANSFER A LICENSED ITEM INTO SOMEONE ELSE'S NAME**
CATALYTIC CONVERTER MARKING:
PURSUANT TO RCW 46.70.350(1), A VEHICLE DEALER SHALL, PRIOR TO THE SALE AND TRANSFER OF A VEHICLE, OFFER THE PURCHASER THE OPTION TO HAVE THE DEALER CLEARLY AND PERMANENTLY MARK THE LAST EIGHT (8) DIGITS OF THE VEHICLE'S VIN ON THE VEHICLE'S CATALYTIC CONVERTER, UNLESS SUCH MARKING ALREADY EXISTS OR THE CATALYTIC CONVERTER IS NOT IN A LOCATION WHERE IT IS CLEARLY VISIBLE AND READILY ACCESSIBLE TO MARK WITHOUT THE NEED TO REMOVE PARTS FROM THE VEHICLE. A FEE MAY BE ADDED TO THE SALE PRICE OF THE VEHICLE FOR THE DEALER'S COMPLETION OF SUCH MARKING.
REMOVAL PROCEDURE:
ALL PURCHASES MUST BE REMOVED FROM THE AUCTION SITE BY BUYER OR BUYER'S AUTHORIZED AGENT WITHOUT DAMAGING ANY PROPERTY AND WITHIN THE TIME ANNOUNCED OR POSTED. ALL COSTS, RESPONSIBILITY AND RISK OF SUCH REMOVAL SHALL BE BORNE BY BUYER AND, IN EVERY CASE, BUYER WILL USE PRUDENCE AND CARE IN SUCH REMOVAL. IF FOR ANY REASON BUYER FAILS TO REMOVE ANY OF BUYER PURCHASES WITHIN THE TIME SPECIFIED, AUCTIONEER SHALL HAVE THE RIGHT, IN ITS SOLE DISCRETION, TO RESELL, DISCARD (GOODS DEEMED FORFEITED BY BUYER) OR REMOVE AND STORE SAID PURCHASE AT BUYERS SOLE RISK AND EXPENSE (STORAGE COSTS WILL BE CHARGED - PER DAY - PER ITEM). BUYER AGREES THAT AUCTIONEER CAN CHARGE THE BUYER'S CREDIT CARD ON FILE FOR ANY STORAGE OR ADDITIONAL FEES ASSOCIATED WITH BUYER'S FAILURE TO REMOVE WITHIN THE TIME SPECIFIED BY AUCTIONEER.
AUCTIONEER SHALL HAVE NO RESPONSIBILITY TO DISCONNECT UTILITIES TO THE PURCHASED GOODS, INCLUDING ELECTRIC, GAS, WASTE AND WATER LINES. BUYER IS SOLELY RESPONSIBLE TO PROPERLY REMOVE AND STORE IN APPROPRIATE CONTAINERS ALL FLUIDS, OILS, HAZARDOUS CHEMICALS, ETC., FROM THE PURCHASES. BUYER HEREBY AGREES TO DEFEND, INDEMNIFY AND TO HOLD HARMLESS AUCTIONEER, THE SELLER AND THE OWNER(S) OF THE PREMISES IN WHICH THE GOODS ARE LOCATED, FROM ANY AND ALL CLAIMS, DAMAGES, AND LOSSES ARISING FROM BUYER'S ACTIONS OR INACTIONS WITH RESPECT TO THE BUYER'S PURCHASES AND BUYER'S PRESENCE ON THE PREMISES IN WHICH THE GOODS ARE LOCATED, INCLUDING WITHOUT LIMITATION, INJURIES TO PERSONS OR PROPERTY AND ENVIRONMENTAL VIOLATIONS OR CONTAMINATION.
EVERY PERSON ENTERS AUCTIONEER'S AUCTION SITES AT THEIR OWN RISK. BUYERS ACKNOWLEDGE THAT AN AUCTION SITE IS A POTENTIALLY DANGEROUS PLACE. FLAMMABLE, NOXIOUS, CORROSIVE AND PRESSURIZED SUBSTANCES MAY BE PRESENT. HEAVY EQUIPMENT MAY BE OPERATED AND ELECTRICAL CIRCUITS MAY BE LIVE. YOU AGREE THAT YOU AND ANY OF YOUR AGENTS ENTER THE AUCTION SITE AT YOUR OWN RISK WITH NOTICE OF THE CONDITION OF THE PREMISES AND THE ACTIVITIES THAT WILL BE OR HAVE BEEN CONDUCTED ON THE PREMISES.
BUYER ACKNOWLEDGES THAT AUCTIONEER IS NOT RESPONSIBLE FOR LOADING ANY OF BUYER'S PURCHASES OR THE SECURING OF ANY LOADS. ALL TRANSPORTATION COMPANIES AND BUYER AGENTS ENTERING ANY OF OUR AUCTION SITES ARE EXPECTED TO MAINTAIN THE FOLLOWING INSURANCE COVERAGES: GENERAL LIABILITY, WORKERS' COMPENSATION AND CARGO.
BUYER ACKNOWLEDGES THAT AUCTIONEER MAY IN ITS SOLE DISCRETION ASSIST IN THE LOADING OF BUYER'S GOODS AT THE AUCTION SITE. IN THE EVENT THIS OCCURS, BUYER AGREES TO WAIVE, RELEASE, DEFEND, INDEMNIFY AND HOLD AUCTIONEER, SELLER AND THE OWNER(S) OF THE PREMISES, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LOSSES, INJURIES, DAMAGES, EXPENSES, COSTS, LIABILITIES, OR POTENTIAL LIABILITIES, INCLUDING, WITHOUT LIMITATION, ANY INJURY TO BUYER OR BUYER'S AGENTS, EMPLOYEES, OR SUBCONTRACTORS, OR ANY DAMAGE TO BUYER'S PERSONAL PROPERTY OR THE PROPERTY OF OTHERS, ARISING IN CONNECTION WITH: (1) THE LOADING OF GOODS; (2) BUYER'S OR ITS TRANSPORTATION REPRESENTATIVE'S PRESENCE ON AUCTIONEER'S PROPERTY; (3) ANY OF THE ACTIVITIES BUYER'S OR ITS TRANSPORTATION COMPANY CARRIES OUT ON AUCTIONEER'S PROPERTY; (4) ANY ASSISTANCE PROVIDED TO BUYER OR TO ITS TRANSPORTATION COMPANY BY AUCTIONEER'S PERSONNEL; (5) USE OF AUCTIONEER'S EQUIPMENT; (6) THE TRANSPORT OF ITEM(S) INCLUDING FAILURE TO PROPERTY SECURE ITEM(S); AND (7) THE BREACH OF ANY APPLICABLE LAWS SUCH AS TRANSPORT LAWS AND LOAD LIMITS. BUYER EXPRESSLY ACKNOWLEDGES AND AGREES THAT BUYER WILL BE SOLELY RESPONSIBLE FOR ANY INJURY TO BUYER OR ANY OTHER PERSON (INCLUDING BUYER'S AGENTS, EMPLOYEES OR SUBCONTRACTORS), FINES, OR FOR ANY DAMAGE TO BUYER'S PROPERTY OR THE PROPERTY OF OTHERS (SPECIFICALLY INCLUDING, BUT NOT LIMITED TO, BUYER'S TRANSPORTATION COMPANY'S PROPERTY) CAUSED BY THIS ACTION.
ONLINE BIDS:
FAILURE TO AWARD BID - ONLINE BIDDERS WILL NOT HAVE ANY CLAIM AGAINST THE JAMES G. MURPHY CO. FOR FAILURE TO SUBMIT BIDS TO THE AUCTIONEER OR ANY ERROR ON THE BIDDING PLATFORM. IN SOME INSTANCES, THE BIDDING PLATFORM MAY SHOW AN ITEM AWARDED TO AN ONLINE CUSTOMER; HOWEVER, WE RESERVE THE RIGHT TO WITHDRAW A BID AWARDED IN ERROR. AUCTIONEER FURTHER RESERVES THE RIGHT TO CONFIRM OR REJECT ANY AND ALL BIDS. AUCTIONEER, IN ITS SOLE DISCRETION, RESERVES THE RIGHT TO DENY THE USAGE AND ACCESS BY ANY PERSON TO BID AT OUR AUCTIONS.
WARRANTY DISCLAIMER:
ALL SALES ARE FINAL. THERE ARE NO RETURNS, REFUNDS, CREDIT CARD CHARGE-BACKS OR ADJUSTMENTS OF ANY KIND. ALL ITEMS ARE BEING SOLD "AS IS, WHERE IS", WITH ALL FAULTS AND WITHOUT ANY WARRANTIES AS TO MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE. THE PRINCIPAL, THE SELLER, THE AUCTIONEER, THE ADVERTISING COORDINATOR, AND ANY OF THEIR AGENTS MAKE NO EXPRESS OR IMPLIED WARRANTIES OF ANY TYPE.
ADVERTISING DISCLAIMER:
ALL INFORMATION WAS OBTAINED FROM SOURCES DEEMED RELIABLE. ALTHOUGH EVERY PRECAUTION HAS BEEN TAKEN TO ENSURE ACCURACY, THE PRINCIPAL, THE JAMES G. MURPHY CO., THE ADVERTISING COORDINATOR AND ALL THEIR AGENTS SHALL NOT BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN. IT IS FOR THIS REASON THAT WE RECOMMEND THAT ALL ITEMS BE THOROUGHLY INSPECTED PRIOR TO THE POINT OF SALE
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, THE SERVICES, A SALE OR AN AUCTION MUST BE COMMENCED WITHIN 6 MONTHS AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, YOUR CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.