Lot # : 1 - Clark C75L Rough-TerrainForklift

Terms and Conditions The following Terms and Conditions, our Privacy Policy, and our SMS terms constitute an agreement (“Contract”) governing your use of the Lange Real Estate.com website and its associated services, including those offered through our wholly owned subsidiaries or designated partners. By creating an account and using our services, you agree that you are at least 18 years of age and acknowledge that the terms contained herein are enforceable and binding. You further agree to comply with any laws, regulations, and statutes, both domestic and international, when using our sites and services or those offered by our wholly owned subsidiaries and any of our designated partners. We also occasionally update our Terms and Conditions and related policies. It’s your responsibility to familiarize yourself regularly with the specifics of this agreement, our additional policies, and any changes to fulfill your obligations as a consumer of Lange Real Estate’s services. Your continued use of the service is your consent to this agreement and its enforceability, including but not limited to instances requiring you to acknowledge specific terms or changes digitally. DEFINITIONS: “Bidder, Buyer, You and Your” are terms used to refer to you as the consumer and account holder with Lange Real Estate. “We, Us, and Our” refers to any and all companies or legally registered entities owned by Lange, including but not limited to Lange Real Estate. “Seller” refers to owner of items ("lots”) consigned to Lange Real Estate and offered for sale under a separate agreement. AUCTION PROCEDURE Register online to get a bidding number (pre-existing users will need to sign into their accounts). Potential bidders are encouraged to contact Sellers to inspect items and collect greater details or disclosures on items prior to the auction. High bidders must settle all open invoices within 48 hours after the conclusion of the auction(s). We reserve the right to remove or revoke the bidding privilege of any bidders at any time, even during the auction. Items may only be removed from the Seller’s premises upon presentation of paid-in full invoice from LANGE. BIDDING AND BUYING By placing a bid or making an offer in good faith, you are entering a binding agreement to complete any transactions in accordance with the specific terms if you are awarded the item with the winning bid or accepted offer. AUCTION FORMAT We conduct auctions under multiple formats, including but not limited to absolute, with reserves, multi-parcel, and private treaty. It’s your responsibility to review the specific auction format prior to bidding. Regardless of auction format, bidding on behalf of Sellers and buybacks are not tolerated. If you place shill bids on items, this bidding behavior is a violation of both the Uniform Commercial Code (UCC) section 2-238 governing unreserved auctions and our shill bidding policies. Your bid will be removed, and you may be banned from further participation as an auction participant with Lange Real Estate. WARRANTIES – ITEMS SELL WITHOUT WARRANTIES To the fullest extent permitted by law, the sites, services, and items sold on or through the langerealestate.hibid.com website are provided without warranties, expressed, or implied, of any kind including without limitation implied warranties of non-infringement, merchantability, condition (whether or not discoverable), usability, fitness for a particular purpose, or as to brand, identity or quality of the unit, materials, components, or workmanship, and are sold strictly on an “as-is, where-is” basis. While every effort is made to represent or convey descriptions of items accurately, any verbal and written information or digital imagery are meant to be used only as guides and not guarantees. This paragraph shall survive the completion of the transaction. NO OPERATIONAL ASSESSMENT IS PROVIDED BY LANGE REAL ESTATE We do not test or complete operational assessments on items sold in auctions. With vehicles or equipment, we only report hours and miles that are shown on the meter at the time of listing for auction and make no guarantee that the miles or hours shown on meters are exact or accurate. BUYER RESPONSIBILITY TO INSPECT AND DETERMINE SUITABILITY FOR USE It is your responsibility to inspect any items prior to bidding to assess operational condition and suitability for use. We provide the Seller’s contact information and item location as part of our listings for items which are offered for sale. Lange Real Estate is not responsible for, nor does it guarantee, Bidders’ inspections. You are responsible for contacting Seller(s) directly to arrange inspections before bidding. In no event does your failure to contact Seller(s) or arrange inspections of items prior to bidding serve as grounds for collapsing sales, rescinding bids or transactions, or requesting rebates or refunds. LANGE REAL ESTATE IS NOT RESPONSIBLE FOR VERBAL OR WRITTEN SELLER STATEMENTS We are not responsible for statements, written or verbal, made by Sellers. You should carefully validate all such statements by inspecting the item prior to bidding. Failure to inspect the item is not grounds for dispute. As a bidder, it’s your responsibility to complete your due diligence prior to bidding, as bids cannot be retracted. There is no refund for any reason. You acknowledge that you are fully aware there is no recourse to rescind or abrogate the transaction after becoming the highest bidder. This paragraph shall survive the completion of the transaction. FAILURE TO INSPECT Failing to inspect items prior to bidding is not grounds for disputing payment or refusing to take possession of purchased items. SETTLEMENT / PAYMENT Unless otherwise specified in Special Terms of Sale, you as a successful bidder are responsible for making full payment within 48 hours following the close of the auction and arranging removal of the item after payment has been received. Full payment includes invoiced values of items plus fees, including Buyer’s premiums, transaction fees, title fees and any sale taxes due (when applicable). After the entire auction is completed and processed, winning bidders will receive an email notice with instructions on viewing their invoice online. Notifications related to invoicing are sent to the email supplied to Lange Real Estate by bidders. We are not responsible for invoice notifications returned as undeliverable or that may be lost or blocked due to filtering features outside of our control. If you do not receive an expected invoice before the end of our auction business day, contact us immediately for assistance with obtaining access to your invoice(s). Payment instructions, options, and deadlines are provided on invoices. All payments are to be made to Lange Real Estate by check with bank verification, wire transfer, or ACH payment and must be made in U.S. Dollars. Check payments made by courier must be postmarked within 48 hours of the close of the auction. Payments can be made by Lange Real Estate initiated ACH for Auction purchases. ACH payments are administered through a third-party Community National Bank, for Lange Real Estate. Community National Bank will receive the banking information. SALES TAX You are responsible for all applicable sales tax on items purchased through our auctions. Sales tax guidelines from the applicable state will be used to determine if an item is sales tax exempt. If the exempt determination is made, you are responsible for obtaining, completing, and forwarding all necessary forms from the taxing jurisdiction (e.g., city, county, state). All tax documentation must match your account details and invoices cannot be changed after the auction has closed. While we will make every effort to get the determination of taxable, non-taxable, or exempt correct; ultimately, the Buyer is solely responsible for compliance with any and all sales tax, and Lange Real Estate shall not be held liable for Buyer’s lack of compliance therewith, whether intentional or unintentional. Sales tax can only be cleared from your invoice once all required forms have been completed, submitted, and validated. Sales tax or appropriate sales tax exemption forms are due within the 48-hour payment deadline. Failure to submit all sales tax or clearing sales tax with the appropriate forms at the time of payment will prevent your invoices from being marked as paid. LICENSES You, as the Buyer, assume all responsibility for government-issued licenses and/or inspection certificates and all required or associated licensing and inspection costs. Further, you agree not to use any identification, trade name, licenses, and/or certificates belonging to or used by the Seller or Lange Real Estate. Further, you as the Buyer are solely responsible for obtaining any permits or licenses which may be required in order to transport the items to your location of choice. FAILURE TO PAY/BUYER PAYMENT DEFAULT If you fail to make payment for any reason, thereby defaulting on your purchases, you agree that you may be subject to collection of the total purchase price and any associated commissions, premiums, taxes, and fees. Or, if the item is sold to the second highest bidder or relisted by the Seller, you specifically agree to pay any shortfall in resale price plus 25% of the final sale price in liquidated damages. Failure to Pay will also result in your account being suspended from participation in all future auctions. EQUIPMENT REMOVAL You agree to remove any purchased items from a Seller’s location within fourteen (14) calendar days of winning the bid. Transportation, and all associated costs, will be borne by the buyer. You or your designated agent is responsible for arriving at the item’s location with a paid-in-full invoice and any equipment needed to transport the items safely. Should you fail to remove your purchased items within the specified period, Sellers (or Lange Real Estate) may charge a storage fee of $25 per day unless designated otherwise (e.g., Special Terms of Sale). All such charges shall be the sole responsibility of you, the Buyer, and paid directly to the party storing any items. If the transportation equipment is considered unsafe, in the Seller’s sole discretion, Seller has the right to turn you or your designated agent away without your purchased items at your expense. If you fail to remove any items within thirty (30) days, your items will be considered abandoned (see Abandonments). RISK OF LOSS It’s your responsibility, as a Buyer, to pick up or arrange pick up of items purchased in an auction within fourteen (14) calendar days of winning the bid. Sellers are responsible for maintaining items sold at auction in the same condition as when listed until the earlier of (a) fourteen (14) days after giving notification to Buyer of the winning bid or (b) you, the Buyer or your designated agent, pick up the item from the designated location. Thereafter, the items shall be and remain at the risk of you or your designated agent, and Buyer assumes full responsibility for transport and all ownership risks including, but not limited to, loss from accident, theft, vandalism, fire, lack of security, malicious mischief, flood, windstorm, earthquake, lightning, and all other acts of God. ABANDONMENTS If you fail to remove any purchased items within thirty (30) calendar days of your winning bid, you stipulate and consent to the fact that said purchased items are considered abandoned. If the sale price of the abandoned items is $500 or less, Sellers may dispose of items at their sole discretion, as they see fit, without renumeration of any kind to you. If the sale price of the abandoned items exceeds $500, you and the Seller agree that items will be placed for sale in the next Lange Real Estate auction. In the case of titled vehicles or items, you agree to promptly return the title for said vehicle to us within seven (7) days after the titled items are considered abandoned under these terms. In the event you fail to do so, you hereby irrevocably appoint the Seller as your agent under a limited power of attorney for the purpose of applying for a lost or other such replacement title, including any associated paperwork needed to obtain such title, to allow for the disposition or re-sale thereof. In furtherance thereof, you hereby irrevocably appoint the original Sellers as your agent under a limited power of attorney for the purpose of re-listing and re-selling the abandoned property. In such case, you consent to, and agree that all storage fees, handling costs, sales commissions, and a 20% administration fee for the re-sale of the items will be deducted from the final sale price and authorize us to make such deductions. In the event of resale, upon receipt by us of such resale amount, any proceeds remaining after the deductions as set forth herein will be returned to the abandoning Buyer, provided we can determine a method for doing so. When you enter into a separate storage agreement with Sellers, the agreement is between you and the Seller. Lange Real Estate is not responsible for resolving any subsequent conflicts or disagreements that arise between you and the Seller. COLLAPSED SALE A "Collapsed Sale" shall be a sale that for any reason becomes null and void. You acknowledge that Lange Real Estate reserves the right to collapse any sale between you and the Seller for any reason and may return any or all funds to you. SHILL BIDDING You agree to never engage in activity that is intended to deliberately drive or increase the price of goods you are selling or collude with others to do the same (“shill bidding”). Furthermore, you will not use your account or an alias account to collude with others to place shill bids on the behalf of any Sellers for items they may be selling. Lange Real Estate investigates all suspected cases of shill bidding and Seller buybacks. If Lange Real Estate determines that shill bidding or a buyback occurred, we will suspend all parties from participating in future auctions and the offending parties will be subject to twenty-five percent (25%) liquidated damages and all remedies outlined in the UCC, section 2-238. Unpaid liquidated damages are subject to legal action. ACCESS AND USE OF LANGE REAL ESTATE WEBSITES In the event of any technology errors or technical difficulties, Lange Real Estate is not responsible for any missed lots and/or bids. Said company reserves the right to re-run and/or pause/restart the bidding at any point in time at the discretion of said company.  We reserve the right to prevent, disable, and or suspend user access or use of langerealestate.hibid.com either on a temporary or permanent basis for any reason, including and not limited to the violations of any of provisions of this agreement or for any activity that imposes a risk to the safety or security of our site experience. Shape INFORMATION AUTHENTICATION AND REGULATORY COMPLIANCE Lange Real Estate complies with federal and economic trade policies and, therefore, reserves the right to authenticate your account information or transaction details through or against information provided by third parties for accuracy or compliance reasons, and by registering you give consent to the same. As such, you are responsible for periodically accessing your account to ensure your account information remains current. Any failure to do so may result in interruptions in service or access to our sites or services. INDEMNITY AND LANGE REAL ESTATE You, the Buyer, agree to indemnify and hold harmless Lange Real Estate, any subsidiaries thereof, and designated agents and partners against all damages, losses, liabilities, claims, or causes of action that may arise out of your use of our website, products, or services or your inability or violation of the terms or requirements contained in this agreement. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LANGE REAL ESTATE OR SELLER BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, COVER, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS OR SALES, ANY LOSS OF GOODWILL OR REPUTATION, OR THE COSTS OF SUBSTITUTE GOODS OR SERVICES, EVEN IF LANGE REAL ESTATE OR SELLER, OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Further, you waive and release Lange Real Estate from and against any liability, claim, demand, or expenses arising out of or related to any items, expressly including without limitation any assertions of misrepresentation, negligence, or breach of contract or warranty. You agree not to join in any legal action or proceeding arising directly or indirectly out of the condition of items or alleged representations thereto and further agree to approach Sellers with respect to items of this nature. If you fail to comply with this provision, you will be responsible for all costs, expenses, and fees, including attorney fees, Lange Real Estate incurs in defense of such claims. ShapeJURISDICTION AND VENUE Any legal action commenced by either party to resolve any dispute arising under this agreement will be resolved only in the courts of the State of Kansas or in the courts of the United States of America for the District of Kansas. Each party irrevocably submits to the personal jurisdiction of such courts and hereby waives all objections as to venue, inconvenient forum, and the like. In addition, you will be responsible for any and all court costs, attorney fees, or other related cost or expense of any nature and wheresoever incurred by Lange Real Estate should your claim or legal dispute be brought outside the venue or jurisdiction as set forth in these Terms and Conditions. SEVERABILITY If any provision of these Terms and Conditions is held to be illegal, invalid, or unenforceable under any present or future law: (i) such provision will be fully severable; (ii) this Contract will be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part of this Contract; (iii) the remaining provisions will remain fully valid and enforceable. PRIVACY LANGE Real Estate does not share or sell information about our customers to outside companies. We work closely with our auction vendor to safeguard your information. It is our policy to never sell customer information. In the instance of inadvertent disclosure, LANGE will notify you as soon as reasonably practicable after the disclosure becomes known to LANGE, but shall not be required to or responsible for any further remedy or damages which may occur as a result of the same.  We require personal contact information to provide you with better service and keep you informed of the status of the auction. Here is what we do with the information we collect: • Internal record keeping. • Alerting you of the status of the auction. • We may periodically send promotional emails about new auctions, special offers, or other information which we think you may find interesting using the email address and cell phone number which you have provided. SECURITY We are committed to ensuring that your information is secure. To prevent unauthorized access or disclosure, we have put in place physical, electronic, and managerial procedures to safeguard and secure the information we collect online.  We restrict access to personal information about you only to those who need to know that information to provide products or services to you.