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Terms for Timed Auction on 2019-05-17

MAY 17, 2019

ITEMS CLOSE OUT STARTING AT 8 AM CENTRAL TIME,

NOTICE: Everything will be sold at absolute auction to the highest bidder regardless of price.

AUCTIONEER NOTE: Items will start closing at 8 am central time, 4 items every 3 minutes, with additional time extension when bids are made in the last 90 seconds of close.



SALE PHONE: (844) 455-5263 ext 104

SALE FAX: (856) 764-4098


LOCATION: Items are located across the nation and successful bidders will be invoiced from the J.J. Kane Auction Facility, 16351 North Service Road, Wright City, MO 63390.

BUYER'S FEE; ADMINISTRATIVE AND OTHER FEES; SALES TAX: (a) For each titled Auction Item sold in any state other than California, Purchaser will be charged a buyer’s fee of 12% and an additional $25.00 administrative fee, regardless of any purchaser exemptions. (b) For each titled Auction Item sold in California, Purchaser will be charged a buyer's fee of up to 19% and, to the extent applicable, the following additional fees: (i) $25 administrative fee, (ii) $70 document fee, (iii) $50 smog test fee, (iv) $8.25 smog certification fee, and (v) $19.00 National Motor vehicle fee, regardless of any purchaser exemptions. (c) For each titled Auction Item sold in California, Purchasers who are California residents will be charged California sales tax and transfer fees at the time of purchase, and Purchasers who are not California residents 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. (d) For all non-titled Auction Items, sales tax will be collected in accordance with applicable state law and regulations. The applicable tax rate is determined by the physical location of the Auction Item(s).

PAYMENT TERMS: Purchaser will be notified of its winning bid on the date of Sale. Invoices will be emailed to Purchaser no later than the end of the 1st business day following the date of Sale. Unless agreed to in writing by Auctioneer, full payment is due from Purchaser within 3 business days following the date of Sale via wire transfer of immediately available funds, traveler's check, money order, bank certified check or credit card payment (Visa, Master Card, American Express or Discover); provided that credit card payments are not accepted for Sales located in CA, CO, CT, FL, KS, ME, MA, NY, OK and TX. Purchaser will be charged a 4% service charge for all credit card transactions. Company and personal checks will be accepted ONLY when checks are accompanied by a valid bank letter of credit "guaranteeing” or “honoring" payment of such check up to a specific amount of money. International Purchasers are required to wire transfer full payment directly from Purchaser’s banking institution to Auctioneer’s bank deposit account. International checks will not be accepted. Should Purchaser fail to pay in full for all Auction Item(s) within 3 business days following the date of Sale, Purchaser shall remain fully responsible for the purchase price therefor and the buyer’s fee applicable thereto. In addition to all other rights of Auctioneer contained herein, if a default occurs and Purchaser has not made full payment by the 3rd business day following the date of Sale, Auctioneer may, in its sole discretion, elect to: (a) charge a 2% late fee and, for so as long as the default continues to occur, all outstanding financial obligations shall bear interest at the interest rate of 2% per month (the “Default Interest Rate”). The Default Interest Rate shall apply from the date of the default through the time any judgment thereon is paid in full; or (b) declare any Auction Item(s) for which full payment has not been received a “No Sale” and charge a 20% restocking fee with respect to each such Auction Item equal to the greater of (i) 20% of the applicable sale price for the Auction Item or (ii) $250. If for any reason a court or arbitrator(s) deems the Default Interest Rate excessive or impermissible, the arbitrator(s) or judge shall impose the maximum default interest rate permitted and all other terms contained herein shall remain valid and enforceable. Purchaser acknowledges and agrees that Purchaser shall be responsible for any applicable towing, storage and restocking fees and all reasonable attorneys’ fees, court costs, default interest and other costs incurred by Auctioneer associated with the enforcement of this provision.

TERMS / CREDIT CARDS: There will be a 12% buyer's fee charged on all items sold. (15% for items located in CA) Complete payment is required within 3 business days of the sale, in guaranteed funds: traveler's checks, money orders and/or bank certified checks. Credit card payment will be accepted by Visa, Master Card, American Express & Discover with the exception of units located in CA, CO, CT, FL, KS, ME, MA, NY, OK and TX. Purchaser will be charged a 4% service charge for all credit card transactions. Company & personal checks will be accepted "only" when they are accompanied by a valid bank letter of credit "guaranteeing or honoring" payment of that particular check up to a specific amount of money. All letters of credit should be addressed to J.J. Kane Auctioneers. International Buyers will need to wire transfer full payment directly from your bank to J.J. Kane Auctioneers bank account. No International checks will be accepted.

FINANCING: Altec Capital Services offers a quick and easy credit process, and flexible and affordable finance options. For more information dial (888) 408-8148 or email finance@alteccapital.com All financing must be pre-approved prior to the auction sale.

LIKE KIND EXCHANGE NOTIFICATION: Buyer is hereby notified that Asplundh has assigned to Northstar Deferred Exchange Corporation, acting in its capacity as a Qualified Intermediary, all of its rights but not its obligations, in any existing and future contracts to sell certain equipment. This notification will apply unless specifically excluded in writing. Notice Regarding Like Kind Exchange: Certain equipment consigned to this auction may be sold as part of an equipment exchange, pursuant to Section 1031 of the Internal Revenue Code, and the rights of the consignor under Contract to Auction may be assigned to a third party Intermediary.

TIMED AUCTION BIDDING: This auction sale will feature TIMED AUCTION BIDDING powered by Proxibid. All prospective bidders are required to register on-line, bidding can start once you are approved, it could take up to 48 hours for the approval process. Go to www.jjkane.com (Bid Online Tab). All bidding will be completed on the internet, buyers will be required to comply with all the terms and conditions of the auction sale, including the payment and removal procedures. For all specific internet bidding questions, please contact Proxibid at (877) 505-7770.

REMOVAL: All items must be removed within 1 week (7 calendar days) of the auction, with no exceptions. A “paid in full” receipt must be presented for removal. Any items left on site by the Friday following the sale will be charged a storage fee! STORAGE FEE / GATE FEE: Storage Fee: $25.00 per item / per day. Fee starts accruing on 7th day after sale date, additional Gate Fees may apply at select locations. All removals are by appointment as each location has different hours of operation. Pickups need to be scheduled a minimum of 24 hrs. prior to arrival. Storage Fees must be paid prior to removal. NO EXCEPTIONS.

NOTICE: The following section shall apply to the following vehicle mounted aerial devices (Hereinafter referred to as “aerial device”): a. Extensible boom aerial devices; and b. Aerial Ladders; and c. Articulating boom aerial devices; and d. Vertical towers; and e. A combination of any of the above. The vehicle may be a truck, a trailer, or an all- terrain vehicle. The successful purchaser hereby acknowledges that J.J. Kane Auctioneers has provided them with the owner’s, operator’s, parts/service and maintenance manuals for the aerial device purchased. If the owner’s, operator’s, parts/service and maintenance manuals are not available, the successful purchaser hereby acknowledges that J.J. Kane Auctioneers has provided them with a list of manufacturers that the successful purchaser must contact to obtain the manual(s). The successful purchaser hereby acknowledges that they shall be responsible to notify the manufacturer of the unit model and serial number along with the name and address of the new owner within sixty (60) days from the date of purchase. Upon completion of the sale, JJ Kane Auctioneers will notify the prior owner of the successful purchasers name and location.

Notice to Attendees:
Persons attending are notified that an Auction Site is a potentially dangerous place. Flammable, corrosive and pressurized substances are present, heavy equipment is being operated and electric circuits may be live. Every person at the Auction Site before, during and after the auction sale shall be deemed to be there at his or her own risk with notice of the condition of the premises, the activities on the premises and the conduct of third parties and any registered bidder shall so advise his agents and employees. No persons shall have any claim against the Auctioneers, their agents, employees or principals for any injuries sustained, nor for damages to or loss of property which may occur from any cause whatsoever.

ONLINE AUCTION TERMS AND CONDITIONS OF SALE INTRODUCTION: These terms and conditions apply to all online bidding at auction sales conducted by J.J. Kane Exchange, LLC (“Exchange”) or J.J. Kane Associates Inc. d/b/a “J.J. Kane Auctioneers” and “Ken Porter Auctions” (“Associates” and, together with Exchange, hereinafter called “Auctioneer”). By registering to participate in an Auctioneer auction sale, whether a timed internet auction or a live internet auction (a "Sale") via online bidding (“Online Bidding”), Bidder expressly agrees to these terms and conditions. The person or entity registering to bid or bidding in a Sale via the Online Bidding service is referred to herein as a “Bidder”, and a Bidder who is the highest accepted Bidder at a Sale is referred to herein as a “Purchaser”. In addition, use of Auctioneer’s Online Bidding service is at all times subject to the Site Terms and Conditions found at https://www.jjkane.com/info/site-terms-and-conditions/. NO WARRANTY; AS-IS/WHERE-IS AUCTION SALES: ALL SUCCESSFULLY BID ITEMS PURCHASED AT A SALE (“AUCTION ITEMS”) ARE SOLD ON AN “AS-IS WHERE-IS” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE DESCRIPTION OF EACH AUCTION ITEM IS SOLELY FOR THE PURPOSE OF IDENTIFICATION AND DOES NOT CONSTITUTE A REPRESENTATION OR WARRANTY THAT THE AUCTION ITEM WILL CONFORM TO SUCH DESCRIPTION OR TO ANY CONDITION REFERRED TO THEREIN. NEITHER AUCTIONEER NOR THE AUCTION ITEM SELLER MAKES ANY WARRANTY THAT THE AUCTION ITEM WILL PROPERLY FUNCTION OR OPERATE WHEN REMOVED FROM THE AUCTION SITE NOR THAT IT WILL CONTINUE TO OPERATE OR FUNCTION FOR ANY PERIOD OF TIME AFTER SUCH REMOVAL. INSPECTIONS: Neither Auctioneer nor the applicable Auction Item seller is responsible for any inspections prior to or after purchase of such Auction Item. Conditions provided by Auctioneer are solely for the purpose of reporting on the visible condition of the Auction Item’s major systems and attachments observed on the day of inspection and do not include road testing or load testing of mechanical condition. Purchaser acknowledges that conditions can change during the time between initial inspections, sale and time of removal. Purchaser is solely responsible for any inspection required with respect to equipment or vehicle Auction Items that have upper units or chassis (e.g., cranes, man lifts, buckets, diggers, construction equipment, trailers or vehicles of any type). Purchaser is solely responsible for ensuring that each Auction Item is given thorough inspections according to the manufacturer’s recommendations by only those persons who are able to detect and assess defects and potential hazards that could limit the safe performance of the Auction Item’s functions. Payment Options: Check, Money Order, Wire Transfer or Credit Card Payment Instructions: BUYER'S FEE; ADMINISTRATIVE AND OTHER FEES; SALES TAX: (a) For each titled Auction Item sold in any state other than California, Purchaser will be charged a buyer’s fee of 12% and an additional $25.00 administrative fee, regardless of any purchaser exemptions. (b) For each titled Auction Item sold in California, Purchaser will be charged a buyer's fee of up to 19% and, to the extent applicable, the following additional fees: (i) $25 administrative fee, (ii) $70 document fee, (iii) $50 smog test fee, (iv) $8.25 smog certification fee, and (v) $19.00 National Motor vehicle fee, regardless of any purchaser exemptions. (c) For each titled Auction Item sold in California, Purchasers who are California residents will be charged California sales tax and transfer fees at the time of purchase, and Purchasers who are not California residents 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


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