Alan Ross Machinery Important Sale Terms and Conditions
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 sales are final.
ALL BUYERS BE AWARE THAT RIGGING FEES MAY APPLY TO ALL PURCHASES. APPROVED RIGGERS MAY BE POSTED ONLINE FOR PRE AUCTION RIGGING FEES IF NOT POSTED IN EACH LOT DESCRIPTION.
1. Only Wire Transfers payable to Alan Ross Machinery Corporation (“Seller”) will be accepted. No equipment will be removed from the sale site until payment is received by Seller. NO EXCEPTIONS!
2. While descriptions are believed to be correct, Seller makes no representations, 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 may expressly be made in writing. No warranties are made as to the merchantability of any items or their fitness for any purpose. Photos are representative of the equipment to be sold and may not necessarily depict the current state of the equipment or the extent to which certain accessories may or may not be included.
3. Buyer 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 Buyer and any subsequent sale or other transfer of the Goods to a third party.
4. It is 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 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. Buyer 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 Buyer due to non-delivery of any item for any reason other than to return to Buyer the monies deposited for non-delivered items.
8. In the event Buyer 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, 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 Buyer 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 Buyer. Auctioneers shall not be responsible for items not removed within the time allowed. If equipment is not removed within specified removal time, Buyer 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, Seller's agent may or may not put the lot up again at once, and resell.
14. 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. The total premiums and fees shall not exceed 15%.
16. Some items may have starting bids, minimums or reserves that, if not met, may result in equipment items being resold by Seller or another by another party at a future date.
17. RIGHTS RESERVED: Seller reserves the right to withdraw any Goods being auctioned before or at the time of the Auction, and/or to postpone the Auction of all or any Goods or parts thereof, for any reason. Auctioneer shall not be liable to Buyer in the event of such withdrawal or postponement under any circumstances.
18. GOVERNING LAW; JURISDICTION: This Auction and the terms and conditions set forth herein are being made in and shall be construed and enforced under the laws of the State of Illinois, without regard for conflicts of law principles. Buyer irrevocably consents to and waives any objection to the jurisdiction and venue of the state and federal courts situated in Cook County, Illinois to the exclusion of all other courts, and waives any claims and defenses based on lack of personal jurisdiction, improper venue or “forum non conveniens.”
19. WAIVER OF TRIAL BY JURY: EACH BIDDER, INCLUDING BUT NOT LIMITED TO BUYER, HEREBY WAIVES TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY ANY BIDDER AGAINST AUCTIONEER ON ANY MATTER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS AND CONDITIONS, THE ASSETS, OR THE PURCHASED ASSETS.
20. NO COLLUSION: By participating in this Auction (whether you bid or not), Bidders represent that they have not engaged in any collusive activity regarding this Auction, and all Bidders agree to disclose any person with whom they have made an agreement regarding the bidding upon, or purchase of, any item auctioned.
21. By accepting a sale listing catalog and signing this form, Buyer also agrees to these additional terms and any announced terms at the sale:
- The Goods are sold as is and are used products. Seller makes no warranty in respect of the Goods, including without limitation: fitness of use, merchantability and/or quality. Buyer must fully satisfy itself with the condition of the Goods before entering this Agreement.
- Unless otherwise stated in the Lot listing, Delivery of the Goods will be Ex Works (Incoterms 2010) at the eCycle Solutions (“Asset Owner”) facility located at 35 Robineault St., Salaberry-de-Valleyfield, Quebec J6S 5J9 Canada and by appointment only.
- eCycle Solutions shall be responsible for scheduling disassembly and removal. Prior to when disassembly and Delivery occurs, Buyer will agree, in writing, that its employees, agents and/or authorized subcontractors will:
- perform the collection/disassembly/packaging of the Goods;
- obtain written approval from Asset Owner that Buyer’s employees, agents, and/or subcontractors collecting the Goods possess suitable skills and experience;
- use due skill, care and diligence in accordance with good industry practice for performing an activity of the same nature to the collection of the Goods after Delivery has occurred;
- act in accordance with all applicable laws;
- obtain and maintain in force all necessary memberships, licenses, registrations, approvals, consents or qualifications required by any laws necessary to perform its obligations under this Agreement, including without limitation, any environmental permits necessary for the proper collection/removal of the Goods; and
- not cause any damage to the premises where Delivery has occurred and/or from which the Goods are being collected.
3. Buyer will agree to indemnify Seller and Asset Owner through a writing that states that Buyer shall indemnify, and keep indemnified, Seller and Asset Owner, their affiliates and any relevant third parties from and against all costs, expenses, liabilities, losses, damages, claims, demands, proceedings or legal costs (on a full indemnity basis) and judgments which Seller and Asset Owner, and their affiliates incur or suffer due to Buyer’s breach of this Agreement, negligence and/or willful misconduct.
Buyer will further agree to indemnify Seller and Asset Owner (on a full indemnities basis) against all loss (including indirect and consequential loss) and third party claims arising out Buyer’s (including its contractors) acts, omissions negligence in respect of any misrepresentations and damage to property. Irrespective of which party will be responsible for removal of the Goods, Buyer agrees that it will indemnify Seller and Asset Owner (on a full indemnities basis) against all loss (including indirect and consequential loss) and third party claims arising out Buyer’s (including its contractors) acts and omissions.
4. Buyer will be responsible for all costs associated with moving the Goods after the Delivery has occurred. All insurance policies must include Seller and Asset Owner, and their affiliates and their directors, officers, and employees as additional named insured’s. Buyer shall provide a copy of the Additional Insured endorsement to Seller. The insurance required herein cannot exclude coverage for bodily injury and property damage resulting from or arising out of the work to be performed. The policy must contain a separation of insured’s clause. Such proof of insurance must be provided by Buyer on demand. If Buyer fails to take delivery of any of the Goods when they are ready for delivery or to provide any instructions, documents, licenses or authorizations required to enable the Goods to be delivered on time (except solely on account of Seller’s default) the Goods will be deemed to have been delivered and (without prejudice to its other rights) Seller and/or Asset Owner may store or arrange for the storage of the Goods until actual delivery or sale and charge Buyer for all related costs and expenses (including, without limitation, storage and insurance), and such costs will be passed on to Buyer. Risk of damage to or loss of Goods will pass to Buyer immediately when Delivery has taken place.
5. Ownership of the Goods will not pass to Buyer unless and until Seller has received payment in full (in cash or cleared funds) of all sums due to it in respect of the Goods and all other sums which are or which become due to Seller from Buyer on any account. Buyer, in writing, shall grant Seller, its agents and employees an irrevocable license to enter any premises during normal business hours where the Goods are or may be stored in order to inspect them upon Buyer’s claim that the Goods are nonconforming, or, where Buyer’s right to possession has terminated, to recover them. The price for the Goods is exclusive of transport, packaging and insurance, value added tax or other applicable sales tax or duty which will be added to the sum in question. Seller may increase the price of the Goods to cover any additional costs and expenses incurred by or on behalf of Seller if Buyer requests a variation to the date and/or time of delivery of the Goods.
6. SELLER AND ASSET OWNER’ TOTAL LIABILITY TO BUYER (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, RESTITUTION OR OTHERWISE) HOWSOEVER CAUSED ARISING OUT OF OR IN CONNECTION WITH THE CONTRACT (INCLUDING IN RELATION TO ANY USE MADE OR RESALE BY BUYER OF ANY OF THE GOODS OR ANY PRODUCTS INCORPORATING THE GOODS) WILL BE LIMITED TO THE PRICE PAID BY BUYER FOR THE GOODS. NEITHER PARTY WILL HAVE ANY LIABILITY TO ONE ANOTHER WHATSOEVER (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, RESTITUTION OR OTHERWISE) FOR ANY FINANCIAL LOSS, ECONOMIC LOSS, LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF BUSINESS OR DEPLETION OF GOODWILL OR, ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, COSTS, EXPENSES OR OTHER CLAIMS FOR COMPENSATION WHATSOEVER.
7. Buyer buys with full knowledge of the Goods’ actual state and condition and will take the Goods as they stand. Neither Seller nor Asset Owner will be liable to Buyer in any manner or be in breach of this Agreement because of any delay in performing or any failure to perform any of the Party’s obligations under this Agreement if the delay or failure is due to any cause beyond the Party’s reasonable control including, without limitation, governmental actions, war or threat of war, act of terrorism, national emergency, riot, civil disturbance, sabotage or requisition; Act of God, fire, explosion, flood, epidemic or accident; import or export restrictions or embargoes; labor disputes or strikes; delays of sub-contractors or carriers; or inability to obtain or delay in obtaining supplies or adequate or suitable material, fuel, parts, machinery or labor. A breach capable of remedy must be cured within 5 days. Failure to pay any sums due is a material breach of the terms of this Agreement which is not capable of remedy. In the case of Buyer’s default, all funds paid may be retained by Seller and/or Asset Owner, at least until a legal award to the contrary is made by a court of competent jurisdiction. Time for performance of all obligations of Buyer is of the essence.
