All items are sold as is where is – No Warranties, No Guarantees • Buyers must make payment within 48 hours of receiving their invoice. TERMS AND CONDITIONS: PLEASE READ ALL TERMS & CONDITIONS PRIOR TO BIDDING! THESE TERMS AND CONDITIONS govern the relationship between you (the "Purchaser") and Signify North America Corporation (the "Seller"). PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY, THE SELLER WILL NOT WAIVE ANY TERM OR CONDITION CONTAINED HEREIN AND PUTS ALL PURCHASERS ON STRICT NOTICE THAT THESE TERMS SHALL BE ENFORCED.
1. DISCLAIMERS/NO WARRANTIES: THE EQUIPMENT IS SOLD “AS IS, WHERE IS” IN THE CONDITION EXISTING AS OF THE MOMENT OF TENDER OF THE EQUIPMENT TO PURCHASER. SELLER DISCLAIMS ALL WARRANTIES, INCLUDING ANY WARRANTY THAT THE EQUIPMENT MEETS THE REQUIREMENTS OF THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION OF THE UNITED STATES OF AMERICA (“OSHA”), THE AMERICAN NATIONAL STANDARDS INSTITUTE (“ANSI”) OR THE DEPARTMENT OF HEALTH OF THE GOVERNMENT OF CANADA (“HECS”) OR ANY OTHER GOVERNMENTAL OR REGULATORY STANDARDS OR THAT THE EQUIPMENT IS PROPERLY DESIGNED OR SAFEGUARDED FOR FUTURE USE, OR THAT THE EQUIPMENT IS BEING SOLD WITH PROPER WARNINGS, INSTRUCTIONS OR OTHER DOCUMENTATION FOR ITS SAFE USE. Purchaser is responsible for all labor, cost, risks, liabilities and expense associated with any inspection, disassembly, loading, transportation, customs, re-assembly or use of the equipment from and after Seller’s tender of the equipment to Purchaser, whether such actions are undertaken by Purchaser or any other person or entity on Purchaser’s behalf. Purchaser assumes all risk in using the equipment or in re-selling the equipment for re-use by others, and Purchaser warrants that if it uses the equipment, or in the event the equipment is resold by Purchaser for re-use by others, Purchaser shall fully inspect the equipment and make the equipment safely operable and in that regard shall bring the equipment into compliance with applicable OSHA, ANSI, HECS or other standards and shall make sure that the equipment is properly safeguarded for future use, including being equipped with appropriate guards and posted with appropriate user warnings and instructions. Purchaser agrees to defend, indemnify and hold Seller harmless from and against any and all liabilities, damages, suits, claims, costs and expenses (including reasonable attorneys’ fees) which arise in connection with the above-referenced inspection, disassembly, loading, transportation, re-assembly or use of the equipment after Seller’s tender of the equipment to Purchaser, or arising from any breach by Purchaser of these sales terms, including but not limited to breach by Purchaser of its purchase and payment obligations hereunder.
2. REMOVAL: UNLESS OTHERWISE ADVISED IN WRITING BY SELLER, ALL ITEMS MUST BE REMOVED BEFORE 5:00 PM (CENTRAL) ON December 7th, 2023. Buyer is responsible for removal of item(s). Items can only be removed once full payment including removal costs is received. The Purchaser is responsible for paying all fees associated with removal and/or dismantling. The Purchaser hereby indemnifies and holds the Seller harmless against removal fees, dismantling fees and/or delayed removal not being posted or announced whether known or unknown by the Seller. Upon failure of Purchaser to collect goods within time specified above, the Seller shall have the option in its sole discretion of removing and storing the purchased items at the expense and risk of the Purchaser or may resell the purchased items without notice at public sale or otherwise dispose of goods at the sole risk and expense of the Purchaser. The Purchaser shall remain liable for any losses, expenses and damages arising from the Purchaser's failure to make payment or to obtain the purchased items within the time specified by the Seller. The Purchaser hereby indemnifies and holds the Seller harmless against all losses, damages, expenses, including legal fees and transportation expenses arising directly or indirectly from the Purchaser's failure to make timely payment or to pick up purchased items within the time(s) specified by the Seller.
3. 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 Seller 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 Seller complies with relevant privacy legislation. The Seller hereby informs Purchaser that Seller will process personal data in accordance with the “Signify Privacy Notice for customers, consumers and other business persons” which is available on https://www.signify.com/global/privacy/legal-information/privacy-notice under the “Legal information” section.
4. 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 seller), and any deficiency, together with all expenses and charges of resale including legal fees, will be charged to the defaulting Purchaser.
5. RIGHTS RESERVED: The Seller will acknowledge the highest bidder as the Purchaser.
6. OWNERSHIP: All items become the sole responsibility of the Purchaser immediately at the expiry of the time allotted for the item. Although the Seller will exhibit reasonable care to safeguard purchases, until removed by purchaser, no refunds or adjustments will be allowed. 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 Purchaser expressly waives any liability on the part of the Seller and further agrees that any obligation with respect thereto shall be limited to the bid and paid for price for said purchased items.
7. 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 Seller from liability therefore. Neither the Seller 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 or items are made available. While on the premises, Purchaser, or any other person or entity acting or present on Purchaser’s behalf, shall adhere to Seller’s applicable safety standards and policies, including COVID-19 protocols, and shall (upon request) execute copies of the same.
8. RECORDS: The record of sale kept by the Seller will be taken as final in the event of any dispute.
9. BIDS: The Seller shall serve as regulator and arbitrator on all matters relating to bidding. No bidder may retract a bid.
10. The Purchaser does hereby assume and does agree to indemnify and hold the Seller harmless from any future claim, which shall pertain to the fitness or use of that asset being purchased.
11. SHIPPING: The buyer is responsible for all shipping / dismantling / rigging / packaging related activities, documentation, and fees. The seller will not be involved in any capacity, except where expressly stated.
12. DISMANTLING: The buyer must communicate with approved riggers to address removal of items. The buyer is responsible for all dismantling / rigging / packaging-related activities, documentation, and fees. The seller will not be involved in any capacity.

Buyer is responsible for scheduling logistics and providing shipping related documents to the seller if applicable.
Buyer should provide seller with BOL or a copy of the paid sales order upon arrival to ensure no delays during pick up.
Payment must be made in full before removal.
Once payment is received in full, Buyer will coordinate directly with seller for rigging and removal. Buyer must use their own rigger of choice. For questions about pick up appointments, email support@aucto.com. Failure to fulfill scheduled appointment(s) with seller could result in cancellation of invoice and forfeiture of lot and/or monies paid.
Buyer is responsible for loading and securing load(s) for transport.

Riggers must meet the following requirements:

Insurance: Rigger(s) must provide Certificate of Insurance that proves the insurance requirements outlined below are met. Buyer is responsible for ensuring Rigger(s) satisfy all requirements and Buyers are responsible for remitting Rigger's supporting documentation to Aucto via email using support@aucto.com.
Insurance requirements are explained in Article 59 below:

Article 59: Insurance Requirements:
59.1 Without limiting any of the obligations or liabilities of Contractor under the Contract, the Contractor shall provide and maintain such insurance as required in this Article 59. Except for Workers' Compensation and Professional Liability, all insurance policies shall name Owner and its Indemnitees as Additional Insureds. All insurance policies shall be placed with insurance companies rated A- or better by A.M. Best Rating Service in type and amounts not less than:
(a) Workers' Compensation Coverage (including coverage under the United States Longshoremen's and Harbor Workers' Compensation Act, the Jones Act and the Federal Employers' Liability Act, where applicable) - Statutory limit;
(b) Employer's Liability in the amount of one million dollars ($1,000,000) each employee injury, one million dollars ($1,000,000) each employee - disease and one million dollars ($1,000,000) policy limit - disease.
(c) Commercial General Liability (occurrence form) providing bodily injury and property damage liability coverage with limits of not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) aggregate and including but not limited to: Premises & Operations, Products & Completed Operations, Contractual Liability and no exclusion for Explosion, Collapse or Underground (XCU) hazards. A Rigger's Coverage or equivalent with limits of not less than one million dollars ($1,000,000.00) per occurrence shall be required if the Work involves the use of cranes and/or the hoisting or lifting of property or equipment.

Additional Rigging and Loading Credentials:
1. Equipment in good condition (shackles, chains, ropes, etc.)
2. Crane operators should have evidence of training
3. Crane inspection completed
4. Licensed crane operator specific for the type of crane being used
5. Insurance to cover any damages to the building or property

All payments must be made through the Aucto Payment Gateway (APG).

Buyers have below options to send payments:
- Wire Transfer
- ACH - Automated Clearing House (US)
- EFT - Electronic Funds Transfer (Canada)
- Credit Card (ONLY available for sale orders less than 5000 USD or 5000 CAD)
- Instructions will be available via APG to winners after a sale has concluded.

Aucto will NOT accept Cash, Check, E-Check, Cashier's Check or Bank Drafts as payment options.

Unless specified by the seller in the "Sale Terms", all payments are due within 24 hours of a sale
order being delivered.

Please submit tax exemption forms to support@aucto.com with your sale-order number in the
subject line. Local tax laws may apply to Aucto Buyer’s Premium (Aucto BP or ABP). In most
situations, tax on Aucto BP is not subject to tax exemption.