Terms for Timed Auction - January 25, 2022
ITEMS CLOSE OUT STARTING AT 9 AM EASTERN TIME.
• 4 items will close every 3 minutes, with additional time extension when bids are made in the last 90 seconds of close.
NOTICE: Everything will be sold at absolute auction to the highest bidder regardless of price.
PREMIER AUCTION LOCATIONS:
Site Phone: 804-807-4574
Site Phone: (859) 282-8656
•VILLA RICA, GA
Site Phone: (678) 840-5508
LOCATION: Items are located across the nation and successful bidders will be invoiced from J.J. Kane, 33 Inverness Center Parkway, Birmingham AL 35242.
BUYER’S FEES: There will be a 12% buyer’s fee charged on all items sold. There will be a 15% buyer’s fee charged on all lots sold located in CA. (The Buyer’s Fee in CA is taxable).
All items except those located in CA:
• An administrative fee of $50.00 will be charged on all titled lots sold. An administrative fee of $10.00 will be charged on all non-titled lots sold. Fees apply regardless of the purchaser exemptions or residence. Sales tax will be collected on non-titled items per state regulations, tax rate is determined by the physical location of the item(s).
Items located in CA:
• Buyers of titled items physically located in CA will be charged a $70.00 Doc fee and $25.00 administrative fee. A $10.00 administrative fee will be charged on each non-titled lot.
• On vehicles a $50.00 Smog Test fee, $8.25 Smog Certificate fee, $19.00 National Motor Vehicle Fee Registration Fee, Transfer Fee, .65% License Fee and a Weight Fee.
• For each titled Auction Item sold in California, Purchasers who are California residents will be charged California sales tax and applicable fees at the time of purchase.
• Non-Resident CA buyers will be charged California sales tax, but will be eligible for a refund of such sales tax after presenting Auctioneer with a signed bill of lading showing the Auction Item has been successfully removed from the state of California.
AUCTIONEER: For all sales of Auction Items subject to these Purchaser Terms that are located at physical site(s) owned or operated by Associates, Associates shall be deemed to be the “Auctioneer,” and for all sales of Auction Items subject to these Purchaser Terms that are located at physical site(s) not owned or operated by Associates, Exchange shall be deemed to be the “Auctioneer.” To the extent Associates is deemed to be “Auctioneer,” Seller acknowledges and agrees that Associates is authorized to engage Exchange or other third parties to provide certain services necessary for Associates to perform hereunder including, without limitation, the utilization of online auction platforms, invoicing, and billing services.
ONLINE BIDDING: Auctions will feature online bidding powered by Proxibid, Inc. (“Proxibid”). All Bidders are required to register online with Proxibid prior to participating in an Auction at the following URL: https://www.proxibid.com. Bidders will be required to comply with these Purchaser Terms and all other specific terms and conditions of the Auction detailed on Auctioneer’s online marketplace for the applicable Auction Item, including the payment and removal procedures. For all specific internet bidding questions, please contact Proxibid at (877) 505-7770.
BIDDING; BUY NOW:
(a) When bidding at a live Auction, after the winning bid has been established by Auctioneer, the bid will be automatically accepted by Seller and create a binding obligation to purchase and sell the Auction Item between Purchaser and Seller (a “Binding Obligation”).
(b) When Online Bidding, Proxibid is the final judge for determination of winning bids and, upon such determination, the bid will be automatically accepted by Seller and create a Binding Obligation between Purchaser and Seller. Purchaser and Seller will be notified of the completion of the Binding Obligation by an email or other notification generated automatically by Auctioneer’s online marketplace.
(c) When purchasing an Auction Item via “Buy Now” on Auctioneer’s website, by clicking the “Buy Now” icon for the listed purchase price of such Auction Item, the purchase commitment of Purchaser will be automatically accepted by Seller and become a Binding Obligation between Purchaser and Seller. Purchaser and Seller will be notified of the completion of the Binding Obligation by an email or other notification generated automatically by Auctioneer’s online marketplace.
(d) Should a Bidder become the winning Purchaser at an Auction, such Purchaser will be contractually obligated at the time the Binding Obligation is created to pay for and remove the Auction Item from the lot where such Auction Item is located in accordance with the paragraph entitled Removal of Auction Items below. Bids cannot be removed for any reason after 8 a.m. Central Time on the close date of Auction.
REMOVAL OF AUCTION ITEMS: Auction Items are located across the nation. Because each location has different hours of operation, all Auction Items must be removed by appointment and pickup must be scheduled at least 24 hours prior to Purchaser’s desired date of removal. All Auction Items must be removed by Purchaser within seven (7) calendar days following the date of completion of the Binding Obligation, without exception, and Purchaser will be charged a storage fee of $25.00/day per Auction Item for any Auction Item remaining on site thereafter. All storage fees must be paid prior to removal. A “paid in full” receipt must be presented by Purchaser for removal, and in certain cases Purchaser will be asked to sign a Delivery and Acceptance Certificate indicating that Purchaser has accepted and taken delivery of the Auction Items. Purchaser shall be deemed to have taken delivery of all Auction Items on execution of the Delivery and Acceptance Certificate regardless of whether Purchaser removes the same in a single or multiple trips to the Auction site. Additional gate fees may apply at certain Auction locations. If Purchaser has not removed an Auction Item within thirty (30) calendar days following the date of completion of the Binding Obligation, Auctioneer will deem Purchaser’s failure to remove such Auction Item to be evidence of Purchaser’s intention to abandon Purchaser’s Auction Item. In such instance, Auctioneer will deem the Auction Item abandoned, assume ownership of the Auction Item and take steps to dispose of the Auction Item. Auctioneer will determine the appropriate disposition approach in its sole discretion, which may include: (a) moving the Auction Item from the Auction Site and disposing of the Auction Item as Auctioneer deems appropriate; (b) scrapping the Auction Item; or (c) re-listing the Auction Item for sale on Auctioneer’s online marketplace, whereby Auctioneer will retain the entire resale amount.
DIGGER DERRICKS AND AERIAL DEVICES: The following provision shall apply to digger derricks and any of the following vehicle-mounted aerial device Auction Items (hereinafter referred to as an “aerial device”): (a) extensible boom aerial devices; (b) aerial ladders; (c) articulating boom aerial devices; (d) vertical towers; and (e) a combination of any of the above, which vehicle may be a truck, a trailer, or an all-terrain vehicle. Purchaser hereby acknowledges that Auctioneer has provided Purchaser with the operations, maintenance and manufacturer’s manual(s) for the digger derrick or aerial device purchased by Purchaser; provided, that if the operations, maintenance and manufacturer’s manual is not available, Purchaser hereby acknowledges that Auctioneer has provided Purchaser with a list of manufacturers that Purchaser must contact to obtain such manual(s). Purchaser hereby acknowledges that Purchaser shall be responsible for notifying the digger derrick or aerial device manufacturer of the digger derrick or aerial device unit model and serial number along with the name and address of Purchaser, as the new owner, within sixty (60) days from the close of the Auction. Upon completion of the Auction, Auctioneer will notify the prior owner of Purchaser’s name and location.
ASSUMPTION OF RISK; WAIVER; INDEMNITY; NON-SALES: Risk of loss or damage to each Auction Item shall pass to Purchaser immediately after when a Binding Obligation to purchase such Auction Item is created. Delay in titling any titled Auction Items in Purchaser shall not alter the passage of the risk of loss and damage. Purchaser shall, at its own expense, maintain and carry in full force and effect appropriate insurance coverage on each Auction Item purchased immediately after a Binding Obligation is created, and neither Auctioneer nor the owner of the auction sale site property (“Site Owner”) will be responsible for any losses or damages thereto from and after the time a Binding Obligation is created whether resulting from acts of nature, theft, accident and/or vandalism (other than as a result of the gross negligence or willful misconduct of Auctioneer or Site Owner). Purchaser agrees to look solely to its insurance to cover such losses or damages. Purchaser assumes all liability whatsoever resulting from the possession, use or disposition of each Auction Item purchased at an Auction from and after the time a Binding Obligation to purchase is created. Purchaser hereby releases, waives, discharges and covenants not to sue Auctioneer and its parent, subsidiaries and Affiliates (as defined below) and Site Owner each of their respective directors, officers, employees and other representatives (collectively, “Released Persons”) of and from any and all claims, liabilities, losses or damages that Purchaser may have or has ever had against any Released Person arising out of or relating to the Auction Items purchased at the Auction or use thereof, including without limitation, any liability or damage relating to injury to person or property. Purchaser hereby agrees to indemnify, defend and hold Auctioneer and its parent, subsidiaries and Affiliates, Site Owner and each of their respective directors, officers, employees and other representatives (collectively, “Indemnified Persons”) harmless from any and all costs, expenses, damages and liabilities (including, without limitation, attorneys’ fees) incurred or sustained by, or imposed upon any Indemnified Person arising out of or relating to (i) the loading, transport, ownership, repair, maintenance (or lack thereof) and/or use of the Auction Items, and/or any property damage or bodily injury arising therefrom, or (ii) the enforcement of this indemnity by Auctioneer. In the event any Auction Item is deemed a “Non-Sale” by Auctioneer for any reason, Purchaser’s sole remedy shall be an adjustment to or refund of Purchaser’s invoice by an amount that shall in no event exceed the original purchase price of the adjusted lot and Auctioneer shall have no additional liability to Purchaser for any loss or damage arising from or relating to such “Non-Sale”. For purposes of this paragraph, (a) the term “Affiliate” means any person or entity that directly or indirectly controls, is controlled by, or is under common control with, Auctioneer, and (b) the term “control” means (i) the possession, directly or indirectly, of the power to vote fifty percent (50%) or more of the securities of a person or entity having ordinary voting power, (ii) the possession, directly or indirectly, of the power to direct or cause the direction of the management policies of a person or entity, by contract or otherwise, or (iii) being a director, manager, officer, executor, trustee, or fiduciary (or their equivalents) of a person or entity or a person or entity that controls such person or entity.
GOVERNING LAW; JURISDICTION: ALL MATTERS ARISING OUT OF OR RELATING TO THESE PURCHASER TERMS ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF ALABAMA WITHOUT GIVING EFFECT TO ANY CHOICE OR CONFLICT OF LAW PROVISION OR RULE (WHETHER OF THE STATE OF ALABAMA OR ANY OTHER JURISDICTION) THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THOSE OF THE STATE OF ALABAMA. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY AGREES THAT IT WILL NOT COMMENCE ANY ACTION, LITIGATION, OR PROCEEDING OF ANY KIND WHATSOEVER AGAINST ANY OTHER PARTY IN ANY WAY ARISING FROM OR RELATING TO THESE PURCHASER TERMS AND ALL CONTEMPLATED TRANSACTIONS IN ANY FORUM OTHER THAN THE US DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA OR THE COURTS OF THE STATE OF ALABAMA SITTING IN JEFFERSON COUNTY, ALABAMA. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY SUBMITS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS AND AGREES TO BRING ANY SUCH ACTION, LITIGATION, OR PROCEEDING ONLY IN THE US DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA OR THE COURTS OF THE STATE OF ALABAMA SITTING IN JEFFERSON COUNTY, ALABAMA. EACH PARTY AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION, LITIGATION, OR PROCEEDING IS CONCLUSIVE AND MAY BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW.