Removal Terms

TERMS AND CONDITIONS FOR DISCONNECT AND REMOVAL: All electrical disconnect, rigging, loading, removing, broom cleaning, trash & debris removal and transportation are the sole and absolute responsibility of the undersigned. The undersigned agrees to remove its purchases in full, with no abandonment privileges, from the premises on or before the date and time announced by the Auctioneer prior to bidding during the opening announcements. NO EXTENSIONS WILL BE GRANTED. ALL REMOVAL MUST BE BY APPOINTMENT. AUTHORIZED RIGGERS AND CONTRACTORS ONLY. NO SOLICITING. 1. The undersigned must present confirmation of payment and a copy of the customer invoice to the Auctioneers personnel prior to the removal of any item. 2. No item(s), no matter how small, may be removed while the auction is in progress. Scheduled removal is at the discretion of the field supervisor. 3. The undersigned must present the Auctioneers personnel with a valid commercial general liability insurance certificate in a minimum amount of $1,000,000.00 combined single limit per occurrence coverage naming the Auctioneer, the Seller and the Landlord as additional insured. If available, bridge cranes and hoist may be used only by the undersigned if crane insurance is included on their certificate and only with the written permission of the crane owner. In addition, the undersigned must provide the Auctioneer proof of workers compensation insurance. 4. Should any pits, floor bolts or hazards of any type exist after removal of equipment, it is the responsibility of the undersigned, at its cost, to guard these areas using generally accepted safety practices, such as safety tapes, pipes or bars welded in place or suitable safety barriers acceptable to the Auctioneer. All floor bolts and/or anchoring fasteners are to be cut flush to the floor and the area left broom clean and all debris removed. It is the responsibility of the undersigned to be sure that the power to the item(s) is off and then to safely disconnect all electrical wiring and utility piping from the item(s) and to cap at the first electrical or air junction of the item(s). 5. Item(s) are to be staged for loading in the area assigned by the Auctioneer's personnel. 6. It is the undersigned's responsibility to secure all safety equipment to meet all applicable government safety standards in using or removing any items purchased. Certain items may contain residual chemicals and/or hazardous materials. The undersigned hereby agrees to indemnify and hold harmless the Auctioneer and seller from any and all damages, claims or liabilities from any injuries to persons or property of any type whatsoever caused by the undersigned, its agents, employees or contractors during the sale or during the removal, use or operation of the purchased item(s). Any hydraulic fluid removal and/or oil leaks are the undersigned's responsibility to remove and clean up. The undersigned must take full responsibility for compliance with applicable environmental laws and exercise all reasonable care to ensure that there is no release to the environment of any hazardous wastes or substances as defined in applicable Federal, State and Local Statues, Regulations, Rules or Ordinances. 7. No trucks are to be left running in an enclosed building. The Auctioneer is not liable for personal belongings left on premises. 8. Any surface or structural damage to the premises including but not limited to the walls, ceilings, floors, overhead doors, gates and/or any other item(s), etc. will be the undersigned's sole responsibility. The undersigned will not be permitted to leave with its purchases until repairs are made. 9. Theft will not be tolerated and Auctioneer reserves the right to inspect all trucks, toolboxes and rigger cases, etc. Instances of theft will result in immediate termination of removal privileges and full prosecution by law. All quantities must be checked prior to removal, as adjustments will not be made thereafter. __________ Buyer Initials 10. GOVERNING LAW/ATTORNEYS FEES. This Agreement shall be construed and interpreted according to the laws of the State of Pennsylvania. If any action or arbitration based on the performance, breach or interpretation of this Agreement is brought, the prevailing party in such action or arbitration (as determined by the court or other body having jurisdiction) shall be entitled to recover from the losing party all actual costs and expenses of litigation or arbitration, including attorney's fees, court costs, costs of investigation, and other costs related to such proceeding. 11. These terms and conditions together with any amendments or modifications, expressly made by the Auctioneer at the time of the auction constitute all the terms and conditions with respect to the sale of items at this auction. There are no representations, warranties, terms, conditions, undertakings or collateral agreements except as hereinabove provided

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