Stark Machinery Auction - 2 Day Online Only Event

2018 Terms of Sale Agreement

SELLER RESERVES THE RIGHT TO ACCEPT OR REJECT ANY AND ALL BIDS 15% Buyer's Premium on all sales, 3% Internet Fee. Full Payment at Termination of Sale. All Bills must be completed on Day of Sale. All Items Subject to prior sale or transfer.

ALL BUYERS BE AWARE THAT RIGGING FEES MAY APPLY TO ALL PURCHASES. APPROVED RIGGERS WILL BE POSTED ONLINE FOR PRE AUCTION RIGGING FEES IF NOT POSTED IN EACH LOT DESCRIPTION.

1. Only Cash, Checks, Wire Transfers or Cashiers Checks payable to Schneider Industries Inc. will be accepted. No equipment will be removed from the sale site until payment is received by Schneider Industries. NO EXCEPTIONS! 

2. While descriptions are believed to be correct, the seller's agent or the owners make no warranties or guarantees expressed or implied, as to the genuineness, authenticity of, or defect in any lot and will not be held responsible for advertising discrepancies or inaccuracies. Everything sold "AS IS" and "WHERE IS" except as expressly made in writing. No warranties are made as to the merchantability of any items or their fitness for any purpose.

3. Purchaser hereby agrees to defend, indemnify and hold harmless Seller its directors, officers, employees and other agents and representatives from and against any and all liabilities, judgments, claims, settlements, losses, 
damages, penalties, obligations and expenses, including attorney`s fees and expenses and other professional fees and expenses, incurred or suffered by such person arising from, by reason of, or in connection with any loss, damage or injury to person or property arising from, by reason of or in connection with the Goods sold hereunder. This indemnification shall survive delivery of the Goods to Purchaser and any subsequent sale or other transfer of the Goods to a third party.

4. It is the buyer's responsibility to secure all equipment to meet all applicable government safety standards in using or removing items purchased. All Import, Export, Taxes, Packaging, Rigging & Transportation fees are the buyer`s responsibility. Schneider Industries will provide our customary invoice. 

5. Sales Tax will be added to the purchase of all taxable items. Dealers who purchase for resale must file their resale permit numbers. If sales tax is not collected at the time of sale and is deemed needed to be paid at a later date, buyer agrees to pay all required taxes.

6. Purchaser does hereby indemnify and hold harmless auctioneer and seller from any and all damages, claims or liabilities from injuries to persons or property of any type whatsoever caused during the sale or by the removal of items purchased.

7. Seller's agent and Seller shall have no liability to the purchaser due to non-delivery of any item for any reason other than to return to the Purchaser the monies deposited for non-delivered items.

8. In the event the purchaser fails to pay the whole of the purchase within the time set forth by the auctioneers and/or fails to comply with any of the conditions or terms of sale, the seller may retain and/or recover the deposit specified as liquidated damages and, in addition thereto, items that are not paid for can be resold at public or private sale without further notice. Any deficiency resulting from such resale shall be paid to the auctioneers by the defaulting purchaser together with all charges, fees, and expenses incurred by such resale and enforcement of the obligation hereunder.

9. The Bidder becomes solely responsible for all items purchased by him immediately following his winning bid at the auction. Therefore, he is advised to further guard and insure his items at his own discretion.

10. Items must be removed from the premises within the removal time announced at the sale. No item can, on any account, be removed before termination of the sale. Removal shall be at the expense, risk and liability of the purchaser. Auctioneers shall not be responsible for items not removed within the time allowed. If equipment is not removed within specified removal time, purchaser shall be liable for any moving and storage costs incurred and, if not so removed, the items shall be deemed abandoned.

11. If any shortage exists on estimated counts, an adjustment will be made if claims are made at time of removal. No adjustment will be allowed after items are removed from the premises.

12. Technology Disclaimer: Auctioneer does not warrant that the functions, features or content contained in the website, including any third-party software, products or other materials used in connection with the website, will be timely, secure, uninterrupted or error-free, or that defects will be corrected.

13. If any dispute arises between two or more bidders, the seller's agent may or may not put the lot up again at once, and resell. 

14. The seller's agent, when acting as agent only, is not responsible for acts of its principals.

15. 15% Buyer's premium will be applied to all sales. Seller reserves the right to accept or reject any and all bids. A 3% Internet fee will be applied to all online purchases.

16. Some items may have minimums or reserves.  Therefore, bidder acknowledges they have been informed that Auctioneer may bid at the auction for its own account or on behalf of a third party or the seller.

17. By accepting a sale listing catalog and signing this form the buyer agrees to these terms and any announced terms at the sale.