2008 CATERPILLAR 320D LRR HYDRAULIC EXCAVATOR SN: CAT0320DTXCK00243

THIS BIDDER CONTRACT IS BETWEEN THE PERSON, WHO REGISTERED TO BID VIA THIS ONLINE PLATFORM ('BIDDER'), AND JEFF MARTIN AUCTIONEERS, INC. ('MARTIN'). BIDDER AGREES THAT THE TERMS SUMMARIZED ON THIS REGISTRATION AND SET FORTH FULLY IN THE AUCTION CATALOG SET OUT SPECIFIC AND COMPLETE RULES OF AUCTION AND AGREE THAT IT IS BIDDER'S RESPONSIBILITY TO OBTAIN AND READ THESE RULES PRIOR TO BIDDING ON ANY ITEMS. BIDDER AGREES TO BE LEGALLY BOUND BY THESE RULES. ADDITIONAL TERMS MAY BE POSTED OR ANNOUNCED FROM THE AUCTION BLOCK, WHICH SHALL ALSO BE BINDING ON BIDDER. IT IS THE BIDDERS RESPONSIBILITY TO REQUEST COMPLETE RULES OF AUCTION FROM MARTIN. All announcements made by auctioneer shall supersede any printed material FEE SCHEDULE: BUYERS PREMIUM IS ADDED TO HIGH BID PRICE PER ITEM Buyers Premium is added to the high bid price on each item. 10% on the first $3500 and 3% on the balance capped at $3500 per item. 10% BUYER'S PREMIUM ON ANY ITEM NOTATED AS ***CITY OF GREENVILLE** IN THE ITEM DESCRIPTION. 7% BUYER'S PREMIUM ON ANY ITEM NOTATED AS ***SOCO*** IN THE DESCRIPTION ONLINE BIDDERS WILL PAY AN ADDITIONAL 3% ONLINE BIDDING FEE. BUYERS PREMIUM IS ADDED TO HIGH BID PRICE PER ITEM PAYMENT IS EXPECTED DAY OF AUCTION OR AT RECEIPT OF INVOICE DOCUMENTATION FEE $75.00 FOR EACH TITLED ITEM TITLES CAN ONLY BE HANDED OUT THE DAY OF AUCTION IF CUSTOMER PAYS WITH CASH, CASHIER'S CHECK OR WIRE TRANSFER. ***ATTENTION*** VEHICLE TITLES WILL BE REGISTERED IN THE NAME AND OR COMPANY NAME YOU REGISTERED TO BID WITH IN THE AUCTION. WE WILL NOT CHANGE THE REGISTRATION INFORMATION AFTER THE AUCTION. WE WILL ONLY CORRECT MISSPELLINGS AND INCORRECT ADDRESSES. CREDIT CARD SURCHARGE 3% SALES TAX APPLIES UNLESS PROOF OF EXEMPTION IS PROVIDED TO JEFF MARTIN AUCTIONEERS, INC. Inspection & Preview Days: ****ADD DATE HERE BEFORE POSTING AUCTION*** Please inspect all items before bidding. Online bidders may contact our office for more details about an item if needed before bidding. Online Bidders may be required to submit the following prior to approval to bid Email a copy of valid photo ID Speak with online agent at 844-450-6200 via the telephone number you provided during online registration Make the full deposit specific to the auction in which you are bidding. Local State, City, and County sales tax applies to all purchases. ALL NEW INTERNATIONAL BIDDERS MAY BE REQUIRED TO DEPOSIT $10,000 USD. ALL NEW DOMESTIC BIDDERS MAY BE REQUIRED TO DEPOSIT $5,000 USD BIDDING IN PERSON. CREDIT CARD DEPOSITS WILL BE HELD UP TO (5) BUSINESS DAYS AFTER AUCTION. AT AUCTIONEER’S DISCRETION, A BANK LETTER AND PREVIOUS PURCHASE HISTORY WITH ANOTHER AUCTION COMPANY MAY BE ACCEPTED IN LIEU OF DEPOSIT BIDDER'S RESPONSIBILITY: BIDDER AGREES IT IS BIDDER'S RESPONSIBILITY TO INSPECT EACH ITEM BEFORE BIDDING, AND ACKNOWLEDGES THAT MARTIN MAKES NO GUARANTEE OR WARRANTIES, EITHER EXPRESSED OR IMPLIED, AS TO THE CONDITION OF THE ITEMS. BIDDER AGREES THAT DESCRIPTION OR STATEMENT IN THE AUCTION CATALOG AND INTERNET WEBSITES ARE ONLY A GUIDE AND MARTIN MAKES NO GUARANTEE OF THE ACCURACY OF THE DESCRIPTIONS IN THE CATALOG. AFTER A BIDDER HAS WON THE BID WITH HIS/HER HIGH BID, ALL RISK OF LOSS AND DAMAGE PASSES TO BIDDER, EVEN THOUGH BIDDER MAY HAVE NOT PAID FOR THE ITEM YET. BUYERS SHOULD GUARD THEIR ITEMS ACCORDINGLY. ITEMS NOT REMOVED FROM AUCTION SITE BY DEADLINE STATED FOR AUCTION IS SUBJECT TO A STORAGE FEE NOT TO EXCEED $100 PER ITEM PER DAY. ITEMS NOT REMOVED BY DEADLINE WILL BE SOLD AT AN UPCOMING AUCTION TO COVER COST OF STORAGE IF OUTSTANDING FEES HAVE NOT BEEN PAID. YOU THE BIDDER WILL BE RESPONSIBLE FOR ANY REMAINING STORAGE INVOICE BALANCE THAT IS NOT COVERED BY AUCTION PROCEEDS. ALL ITEMS ARE SOLD AS IS. WHERE IS, WITHOUT GUARANTEE OR WARRANTY OF ANY KIND. INSPECT ALL ITEMS BEFORE BIDDING. I UNDERSTAND I WILL BE LIABLE FOR PAYMENT OF SALES OR USE TAXES WHICH MAY BECOME DUE FOR FAILURE TO COMPLY WITH THE PROVISIONS OF FEDERAL, STATE AND LOCAL TAX CODES FOR ANY ITEMS SOLD AS TAX EXEMPT OR FOR RESALE. I UNDERSTAND THAT IT IS A CRIMINAL OFFENSE TO GIVE AN EXEMPTION CERTIFICATE TO THE SELLER FOR TAXABLE ITEMS THAT I KNOW, AT THE TIME OF PURCHASE, WILL BE USED IN A MANNER OTHER THAN THAT EXPRESSED IN THIS CERTIFICATE AND, DEPENDING ON THE AMOUNT OF TAX EVADED, THE OFFENSE MAY RANGE FROM A CLASS C MISDEMEANOR TO A FELONY OF THE SECOND DEGREE. BIDDER AGREES TO PAY FOR PURCHASES, AND BIDDER REPRESENTS THAT HE/SHE HAS FUNDS NECESSARY FOR SUCH PAYMENT. COMPLETE PAYMENT IS DUE ON DATE OF SALE WITH CASH, CASHIER'S CHECK, CREDIT CARD, WIRE, OR OTHER CHECKS ACCOMPANIED BY A BANK LETTER OF GUARANTEE MADE PAYABLE TO MARTIN. ALL ITEMS MUST BE PAID IN FULL BEFORE BIDDER LEAVES THE PREMISES. NO ITEMS WILL BE REMOVED FROM THE PREMISES UNTIL PAYMENT IS MADE IN FULL. PAYMENT NOT MADE BY FINAL REMOVAL DATE DEADLINE WILL BE SUBJECT TO LATE FEES, PENALTIES AND INTEREST UP TO 18% ANNUM PLUS EXPENSES RELATED TO COLLECTION COST. IF BIDDER FAILS TO PAY FOR ANY OR ALL PURCHASES, FOR WHATEVER REASON, INCLUDING AN INSUFFICIENT CHECK OR A STOPPED CHECK, MARTIN SHALL HAVE THE CUMULATIVE RIGHTS SET FORTH IN THE COMPLETE RULES OF AUCTION. MARTIN WILL CONTACT DISTRICT ATTORNEY FOR ANY CHECKS THAT ARE RETURNED FOR INSUFFICIENT FUNDS OR CLOSED ACCOUNT AND PROCEED WITH ALL NECESSARY LEGAL ACTION AS NEEDED FOR COLLECTION AND OR PROSECUTION. BIDDER AGREES TO NOT REVERSE OR DISPUTE CHARGES FOR PURCHASES PAID FOR BY CREDIT CARD. BY AGREEING TO THE TERMS OF AUCTION THE BIDDER DOES AUTHORIZE JEFF MARTIN AUCTIONEERS TO CAPTURE THE BALANCE DUE ON INVOICE AND CHARGE CREDIT CARD USED FOR AUCTION DEPOSIT IF THE INVOICE IS NOT PAID IN FULL WITHIN 48 HRS OF AUCTION COMPLETION INJURY AND DAMAGE: BIDDER ACKNOWLEDGES RESPONSIBILITY FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY BIDDER, BIDDER'S GUESTS, OR AGENTS. BIDDER AGREES TO HOLD MARTIN HARMLESS FROM ANY PERSONAL INJURY TO HIMSELF OR HIS AGENTS AND ANY PROPERTY DAMAGE INCURRED ON AUCTION PREMISES. BIDDER RELEASES MARTIN AND THE SELLER FROM ANY AND ALL LIABILITY CONNECTED WITH THE REMOVAL AND TRANSPORTATION OF PURCHASES AND ANY AND ALL FUTURE USES FOR THE GOODS PURCHASED HEREWITH. BIDDER ALSO AGREES THAT BY REGISTERING FOR AN AUCTION I UNDERSTAND AND AGREE THAT I WILL RECEIVE ADVERTISEMENTS BY EMAIL, REGULAR MAIL AND PHONE CALL OR TEXT MESSAGE. I UNDERSTAND THAT TEXT AND PHONE CHARGES MAY BE CHARGED BY MY SERVICE PROVIDER. Titled purchases: bidder grants martin power of attorney to sign as owner/purchaser on title documentation as necessary to facilitate the transfer of ownership of titled purchases. If Martin cannot provide clear title within 120 days of purchase Martin will refund the purchase price including buyers premium only. Martin will not refund cost of freight, cost of any repairs or alterations made to item while in possession of the buyer. AUCTION COMPANY RESERVES THE RIGHT TO REMOVE ITEMS FROM AUCTION OR SKIP ITEMS ONCE AUCTION HAS BEGUN. IN THE EVENT AN ITEM IS REMOVED FROM AUCTION OR SKIPPED ANY PREBIDS/ABSENTEE BIDS WILL BE VOID. ALL ANNOUNCEMENTS MADE BY AUCTIONEER SHALL SUPERSEDE ANY PRINTED MATERIAL. LIVE / SIMULCAST/TIMED ONLINE AUCTION ADDITIONAL TERMS- JEFF MARTIN AUCTIONEERS, INC. AND ITS EMPLOYEES ACT MERELY AS AGENTS OF SELLERS. ALL AUCTIONS ARE WITH RESERVE UNLESS SPECIFICALLY STATED OTHERWISE. RESERVES, IF ANY, ARE NOT DISCLOSED. ADDITIONALLY, BIDS MAY BE PLACED AT SOME AUCTIONS BY THE SELLER, AN EMPLOYEE OF THE SELLER, OR AN AGENT ON THE SELLER’S BEHALF UP TO THE RESERVE. WHILE THE INFORMATION WE PROVIDE ON ITEM(S) IS DEEMED CORRECT, NO WARRANTIES ARE EXPRESSED OR IMPLIED AS TO ANY ITEMS BEING SOLD AND YOU AGREE TO PURCHASE AND ACCEPT THE ITEM IN AN AS-IS CONDITION. INFORMATION ON ITEMS IS OBTAINED BY US FROM THE SELLERS AND YOU HEREBY AGREE TO HOLD HARMLESS JEFF MARTIN AUCTIONEERS, INC. AND ITS EMPLOYEES OR ANY ERRORS OR OMISSIONS REGARDING THE ITEM(S) BEING SOLD. THIS INFORMATION INCLUDES BUT IS NOT LIMITED TO YEAR, MODEL, MACHINE OR ENGINE HOURS, PHYSICAL CONDITION, OPTIONS, FEATURES, AND OTHER DATA PERTINENT TO THE VALUE OF THE ITEM. ALL ITEMS ARE SOLD AS –IS WHERE-IS. FIREARMS SOLD AT AUCTION- WE DO NOT TEST FIRE ANY WEAPONS AND CANNOT GUARANTEE THE CONDITION OR FUNCTIONALITY OF ANY FIREARM OFFERED FOR SALE. NO WARRANTY OR GUARANTEE IS INFERRED NOR, SHOULD ANY BE IMPLIED ON ANY WEAPONS AND STRONGLY RECOMMEND THAT THE PURCHASER HAVE ALL WEAPONS INSPECTED BY A LICENSED GUNSMITH PRIOR TO USE. MARTIN RESERVES THE RIGHT TO REVOKE BIDDER NUMBER AND BIDDING PRIVILEGES FROM REGISTERED BIDDER AND HAVE THAT INDIVIDUAL AND THEIR PARTIES LEAVE THE AUCTION SITE. BIDDER WILL BE RESPONSIBLE FOR PAYMENT OF ANY BIDS PLACED PRIOR TO REVOCATION. PHOTOGRAPHY, VIDEO & AUDIO RECORDING IS USED ON PREMISES AND WILL BE USED FOR SECURITY AND/OR PROMOTIONAL PURPOSES. Purchaser will be responsible for the removal, insurance, breakdown, arranging, shifting, loading, and securing of load for any items purchased. It is the buyer’s responsibility to have inspected the item and determined the condition, year, model, serial number and mileage of the item from your inspection. By agreeing to the terms of the auction you agree to the complete Rules of Auction. For online bidders who do not pay within 2 business days of auction will be considered slow to pay and the auction company reserves the right to ban that buyer from bidding at any future auctions. Auctioneer will not split invoice to multiple invoices. Auctioneer will not release any items until invoice or invoices are paid in full. 10) THERE WILL BE A HANDLING FEE OF A MINIMUM OF $25 PER ITEM FOR ANY HANDHELD ITEMS THAT CAN BE LOADED IN A PASSENGER VEHICLE WITHOUT ASSISTANCE THAT ARE REMOVED FROM THE AUCTION SITE BY JEFF MARTIN AUCTIONEERS AFTER THE PICKUP DEADLINE. PALETTIZING AND SECUREMENT WILL COST A MINIMUM OF $250.00. IF COMMON CARRIER FREIGHT IS REQUIRED IT WILL BE BILLED AT COST PLUS 30%. BUYER WILL BE RESPONSIBLE FOR PAYING THESE FEES BEFORE PICKING UP ITEMS. JEFF MARTIN AUCTIONEERS LOADING INSTRUCTIONS: • JEFF MARTIN AUCTIONEERS IS NOT RESPONSIBLE FOR LOADING OR UNLOADING EQUIPMENT • JEFF MARTIN AUCTIONEERS WILL NOT STRAP OR SECURE ANY LOADS • JEFF MARTIN AUCTIONEERS WILL NOT VERIFY THAT LOADS ARE SECURE FOR SHIPPING • JEFF MARTIN AUCTIONEERS WILL NOT LOAD OR UNLOAD ANY ROLLING STOCK ITEMS • JEFF MARTIN AUCTIONEERS WILL ASSIST WITH LOADING ITEMS THAT CAN BE LIFTED WITH FORKLIFT • JEFF MARTIN AUCTIONEERS RESERVES THE RIGHT TO DETERMINE IF ANY LOAD IS UNSAFE AND WILL NOT ALLOW THE LOAD LEAVE THE AUCTION FACILITY IF IT COULD POSSIBLY CAUSE HARM OR ACCIDENT ON THE HIGHWAY • LOADING IS AVAILBLE ONLY DURING DAYLIGHT HOURS • THERE IS NO LOADING DURING INCLEMENT WEATHER • ALL LOADING WILL TAKE PLACE ON THE AUCTION YARD. THE DRIVER WILL ENTER AND EXIT THROUGH THE TRUCK ENTRANCE AND OBEY ALL POSTED SPEED LIMITS AND SIGNAGE INSTRUCTIONS • JEFF MARTIN AUCTIONEERS WILL NOT PROVIDE A BOL TO ANY DRIVERS. THIS IS THE RESPONSIBILTY OF THE BUYER AUCTION SITE POLICIES: • ALL PERSONS ENTERS AT HIS/HER OWN RISK • JMA IS NOT RESPONSIBLE FOR INJURY OR DAMAGE ON THE AUCTION YARD • TRANSPORTATION COMPANIES MUST MAINTAIN INSURANCE TO ENTER THE AUCTION YARD • ENTRANCE TO THE YARD AND LOADING ASSISTANCE IS HANDLED AS THE CUSTOMER/TRUCK DRIVER ENTERS THE YARD. WE HAVE PROCEDURES IN PLACE FOR LOADING. • JEFF MARTIN AUCTIONEERS IS NOT RESPONSIBLE FOR LOSS, DAMAGE OR THEFT OF ITEMS LOCATED ON AUCTION SITE. DELIVERY PROCEDURES • ALL DELIVERIES WILL BE TAKEN AT THE BACK GATE OR AUCTION SITE ENTRANCE- PLEASE STOP AT THE ENTRANCE FOR INSTRUCTION ON WHERE TO PROCEED. • JMA WILL NOT PROVIDE A BOL. THE IS THE RESPONSIBILITY OF THE SELLER REMOVAL: • NO ITEMS WILL BE REMOVED FROM SITE WITHOUT PAYMENT IN FULL • A RELEASE TICKET MUST BE PROVIDED BY CUSTOMER OR DRIVER FOR ITEMS TO BE RELEASED • ALL EQUIPMENT MUST BE CHECKED OUT BY THE BACK GATE BEFORE LEAVING THE AUCTION YARD. • IF REMOVAL OF AN ITEM DOESN’T TAKE PLACE DURING THE REMOVAL DATES AS POSTED FOR THE AUCTION STORAGE FEES, FREIGHT OR STAFF CALL OUT FEE MAY APPLY AND WILL NEED TO BE PAID PRIOR TO REMOVAL.