Sales Terms

TERMS AND CONDITIONS: Please read all terms & conditions prior to bidding! These terms and conditions govern the relationship between you (the "purchaser") and hildebrand machinery co Inc. (the "auctioneer"). Please read the following terms and conditions carefully, the auctioneer will not waive any term or condition contained herein and puts all purchasers on strict notice that these terms shall be enforced. Important notice: unless otherwise stated, all equipment, property, and materials offered for auction (the "items") are located in York, PA. Inspection may only take place in York, PA by appointment only. All items are offered "AS IS". NO WARRANTY, GUARANTEE OF OPERATION, EXPRESSION OF CONDITION, USABILITY OR GUARANTEE OF COMPLETENESS IS BEING MADE. 2. IDENTIFICATION: All potential Purchasers are required to register prior to becoming an "Approved Purchaser". All Purchasers are required to give their full name or business name; permanent street address (P.O. Boxes will NOT be accepted or approved); phone number(s); email address, valid credit card and website, if applicable. The information collected by the Auctioneer shall be used for the purposes of verifying identity of the successful Purchasers on certain lots of items, to enforce the terms of the auction, and for collection measures on failure to pay or to pick up purchased items on the part of the Purchasers. The auctioneer complies with relevant privacy legislation. 5. COMPLIANCE WITH TERMS OF SALE: In default of payment of the purchase price in full within the time therein specified, lots not paid for and removed within the time allowed herein may be resold at public or private sale without further notice (by the auctioneer), and any deficiency, together with all expenses and charges of resale including legal fees, will be charged to the defaulting Purchaser. 6. RIGHTS RESERVED: The Auctioneer reserves the right to reject any bid. The highest Purchaser acknowledged by the auctioneer will be the purchaser. In the event of any dispute between Purchasers, or in the event of doubt on the part of us as to the validity of any bid, the auctioneer will have the final discretion either to determine the successful Purchaser or to reoffer and resell the article in dispute. If any dispute arises after the sale, the Auctioneer's sale record is conclusive. The Auctioneer further reserves the right to withdraw any item(s) at any time before the actual sale. 7. OWNERSHIP: All items become the sole responsibility of the purchaser immediately at the expiry of the time allotted for the item. Ownership of the purchased property does not transferred from the auctioneer to the purchaser until all funds have been received in full and deemed to be valid. Although the Auctioneer will exhibit reasonable care to safeguard purchases, until removed by purchaser, no refunds or adjustments will be allowed for any shortages. If you believe you are entitled to an adjustment to your invoice due to missing or damaged item(s), you must report the problem to the Auction Coordinator. Once the equipment has left the building, there will be no adjustments. If for any reason whatsoever a purchased item as bid cannot be delivered within that period of time of delivery provided for at the sale, the Buyer expressly waives any liability on the part of the Auctioneer and further agrees that any obligation with respect thereto shall be limited to the bid and paid for price for said purchased items. 8. PERSONAL AND PROPERTY RISK: Persons attending during exhibition, sale or removal of goods assume all risks of damage of or loss to person and property and specifically release and indemnify the Auctioneer from liability therefore. Neither the Auctioneer nor its principal, consignor, agents, employees, directors, or officers shall be liable by reason of any defect in or condition of the premises in which the sale is held. 10. RECORDS: The record of sale kept by the Auctioneer will be taken as final in the event of any dispute. 11. BIDS: The Auctioneer shall serve as regulator and arbitrator on all matters relating to bidding. No bidder may retract a bid. 12. THE BUYER does hereby assume and does agree to indemnify and hold the Auctioneer and Seller harmless from any future claim, which shall pertain to the fitness or use of that asset as being purchased. It is the Buyers responsibility to insure that any items purchased meet all and any OSHA required safety rules and laws, will be used safely only by trained operators and will maintain said item in proper safe condition regardless of the condition in which it was purchased.