Special Terms
PPE REQUIREMENTS: Steel toes, safety glasses and hearing protection required.
An 18% Buyer’s Premium will apply for this sale. All bidders must register before bidding. All bidders are required to provide the following information when registering:
(full) Name of Individual
(full)) Company name and address
Telephone and fax numbers
Email address
Banking information will be required when registering. If successful bidder is exempt from applicable sales taxes, then the proper sales tax exemption form(s) for the physical location of the item sold at the auction will be required prior to removing the tax from the buyer’s invoice. The exemption form(s) must match the buyer information on the invoice.
This auction may require a credit or debit card 100% refundable deposit. Your credit/debit card added through the Bidspotter.com or Proxibid.com fully secure and PCI compliant registration process will be assessed a 100% refundable $3000 (US Bidder) or a $10,000 (Foreign Bidder) deposit in order to be approved to bid online within this auction. If you are unsuccessful in the auction, your card will be refunded of your deposit within 24 hours post auction.
AUCTIONEER DOES NOT TAKE CREDIT CARDS FOR AUCTION INVOICE PAYMENTS. All invoice payments must be made by Wire Transfer, Cashier’s Check, or, Company Check with letter from Bank guaranteeing unqualified payment of your check to Plant & Machinery, Inc. (PMI). Here is an example of what your letter should say:
[Mr. “Individual’s Name” representing “Company Name” is a customer of this bank. This bank will guarantee unqualified payment to Plant & Machinery, Inc. on the account listed herein up to the amount of $______. This letter is good until (insert expiration date 30 days from sale date).]
All checks for deposits and balances due shall be payable to the order of PLANT & MACHINERY, INC. unless instructed otherwise. In some cases, payments may be taken direct to the auction site. Otherwise, all payments must be paid to the Houston headquarters offices of the Auctioneer at 1304 Langham Creek Drive, Suite 454, Houston, TX, 77084, or, by wire transfer directly to the bank specified in the wire transfer instructions provided for this auction, or, if by check, sent via overnight delivery service with associated letter of Bank guarantee before removal of any of the goods takes place.
NOTE: ALTHOUGH ALL INFORMATION HAS BEEN OBTAINED FROM SOURCES DEEMED RELIABLE, AUCTIONEER AND SELLER MAKE NO WARRANTY OR GUARANTEE EXPRESSED OR IMPLIED, AS TO THE ACCURACTY OF THE INFORMATION CONTAINED IN OUR ADVERTISING OR SALE CATALOG. THE AUCTIONEER AND SELLER SHALL NOT BE RESPONSIBLE FOR THE CORRECT DESCRIPTION, GENUINENESS, AUTHENTICITY OF, OR DEFECT IN ANY LOT, AND MAKES NO WARRANTY IN CONNECTION THEREWITH. BIDDER, OR THEIR REPRESENTATIVE, AGREE TO PHYSICALLY INSPECT THE LOT(S) AND MAKE THEIR OWN VERIFICATION OF THE CONTENTS.
NOTE: NO SALE SHALL BE SET ASIDE NOR ALLOWANCE MADE ON ACCOUNT OF ANY INCORRECTNESS, ERROR IN CATALOGING, OR ANY IMPERFECTION NOT NOTED. NO DEDUCTION WILL BE ALLOWED ON DAMAGED ARTICLES, ALL ARTICLES BEING EXPOSED FOR PUBLIC EXHIBITION, AND SOLD “AS IS” AND WITHOUT RECOURSE. ARTICLES ARE NOT WARRANTED AS MERCHANTABLE OR FIT FOR ANY PARTICULAR PURPOSE, AND NO CLAIM MAY BE MADE BY PURCHASER RELATING TO THE CONDITION OR USE OF ARTICLES PURCHASED, OR FOR PROXIMATE OR CONSEQUENTIAL DAMAGES ARISING THEREFROM.
The Auctioneer is acting as agent only and is not responsible for the acts of its principals. Purchaser acknowledges, as an inducement to Seller to commit Purchaser to bid, that Purchaser has independently inspected the goods bid upon by the Purchaser, and acknowledges to the Seller that Purchaser is acquiring all goods “AS IS, WITH ALL FAULTS” and “WITH REMOVAL AT PURCHASERS’ RISK AND EXPENSE” and agrees to protect, indemnify and hold harmless the Seller from any and all claims, demands, causes of actions, liabilities and judgments relating to the conditions or use of the goods.
All purchases must be removed within two weeks after the bids have closed, or, within the timeframe posted on the sale web page or contained in the confirmation email sent to successful bidder. No lot can, on any account, be removed prior to PMI having been paid in full. Removal shall be at the expense, risk and liability of the Purchaser. Purchases will be delivered only on presentation of paid bill. Auctioneer shall not be responsible for goods not removed within the aforesaid time.
Riggers, movers, electricians or buyer performing work at the Auction Site(s) must provide Auctioneer with evidence of insurance. The insurance coverage must be at a level acceptable to Auctioneer and to the Seller. Auctioneer and Seller must be added as additional insured on the Certificate of Insurance.
Articles purchased may not incorporate approved activating mechanisms, operating safety devices or safety guards, as required by OSHA or otherwise. It is Purchaser’s responsibility that articles purchased be so equipped and safeguarded to meet OSHA and any other requirements before placing such articles into operation.
Purchaser agrees to indemnify and hold Auctioneer harmless from and against all claims and liabilities relating to the condition or use of the articles purchased or failure of user to follow instructions, warnings or recommendations of the manufacturer, or to comply with federal, state and local laws applicable to such articles, including OSHA requirements, or for proximate or consequential damages, costs or legal expenses arising therefrom.
No claims will be allowed after removal of goods from premises.
Auctioneer shall not, in any event, be liable for non-delivery or any other matter or thing, to any Purchaser of any lot other than for the return to the Purchaser of the deposit or sum paid on said lot, should the Purchaser be entitled thereto. Auctioneer is not responsible for online bidding system performance.
In default of payment of bills in full within the time therein specified, the Auctioneer in addition to all other remedies allowed by law, may retain all monies received as deposit or otherwise, as liquidated damages. Lots not paid for and removed within the time allowed herein may be resold at public or private sale without further notice, and any deficiency, together with all expenses and charges of re-sale, will be charged to the defaulting Purchaser.
Persons attending during exhibition, sale or removal of goods assume all risks of damage of or loss to person and property and specifically release the Auctioneer from liability therefor. Neither the Auctioneer nor his principal shall be liable by reason of defect in or condition of the premises on which the sale is held.
The Auctioneer reserves the right to withdraw from sale any of the property listed or to sell at this sale property not listed, and also reserves the right to group one or more lots into one or more selling lots or to subdivide into two or more selling lots. Whenever the best interest of a Seller will be served, the Auctioneer reserves the right to sell all the property listed, in bulk. Some items may be auctioned with reserve. Auctioneer reserves the right to accept bids from the Seller. This auction may contain consignments. The Auctioneer reserves the right to alter the order of sale. All bids are visible to the auctioneer. Auctioneer is not responsible for internet lags, delay, blackouts, or disconnects. Auctioneer shall determine the bidding increments used in this auction.
Where items are sold by estimated weight, count or measure, the Purchaser will be billed for and required to pay for the estimated weight, count or measure. If, upon delivery, any shortage exists, the Purchaser will receive a refund at the rate of purchase. If there be an excess, the Purchaser will be required to pay for such excess, at the rate of purchase.
The record of sale kept by the Auctioneer will be taken as final in the event of any dispute.
Seller, if not the same as the Auctioneer, shall have the rights, protections and benefits afforded to the Auctioneer as set forth herein.
Although it is not likely, auction sales are subject to cancellation or postponement. Kindly contact Auctioneer in advance of your travel to verify the current details about this auction.
ANY ADDITIONAL PROVISIONS OR AMENDMENTS TO THE ABOVE LISTED TERMS WILL BE POSTED TO THE ON-LINE SALE WEB PAGE BY THE AUCTIONEER PRIOR TO THE START OF BIDDING.
