1995 Caterpillar 312 Excavator

Auction Terms & Conditions AGREEMENT TO TERMS: By bidding in the auction, you agree to all terms and conditions of the auction. ALL ITEMS SELL AS-IS WHERE- IS WITH ALL FAULTS & FLAWS: Items sell with no warranty stated or implied. Items have not been tested by the auction company unless it is stated in the item description.  No items were not tested by our company in an extensive manor.  If there are obvious mechanical flaws we may point them out if we see them, but we do not test every function of every item.  Bidders are strongly encouraged to come and test the items themselves. BUYER PREMIUM: There is no buyer premium for in person bidders. Online bidders will pay 2.5% capped at $750 per item purchased. PAYMENT: Invoices are to be paid in full by 4:00PM on Tuesday, September 12th, 2023. Payment is accepted the day of auction as well. No items can be removed until settled for.  Payment accepted at our office/auction yard. We have multiple ways to pay us without being present. We accept CASH, CHECK, and ACH with no fees. We only accept CREDIT CARD  on invoices less than $2,000 (3% additional fee). We also accept Wire Transfers ($20 additional fee). Any payment not received by September 12th at 5:00PM will be subject to a $100 late fee per day. Nebraska sales tax of 5.5% will be added to your invoice. If you are claiming an exemption from sales tax for Ag or Resale, please complete a Nebraska Form 13 unless the auction company has one on file. This form is available on the Equipment Auction Page under "Documents". All sales are final. Absolutely no refunds. You are contractually obligated to pay your items. You will be liable for damages and expenses for collecting payment if legal means are needed. LOADING: All items are located at our auction yard west of Kearney, Nebraska at 17576 HWY 30, Kearney, Nebraska 68845. We recommend the use of Interstate 80 Exit 263 Odessa) We load Monday-Friday from 9:00AM – 4:00PM. No weekend loadout. All items must be removed in 14 days from the auction. Items not picked up will be charged storage fees or sold on the next auction at the auction company’s discretion. All items must be removed in 14 days from the auction. Items not picked up will be charged storage fees of $25 per day per item. Items not removed in 30 days from the auction will become ownership of the auction company with no refunds given to the buyer. INSPECTION: All items are available for inspection ahead of the auction. It is 100% the buyers sole responsibility to inspect items, determine condition, and to bid accordingly. NONPAYING BIDDERS: We will ban you from participating in any of our online & live auctions indefinitely. We will proceed with collections and following through with legal action to collect payment. IF DON'T INTEND ON FOLLOWING THROUGH WITH YOUR PURCHASE, DO NOT BID. Also if we must resell the item, you will be liable for any difference in price if sold for less than original auction. If the auction company pursues legal action against the non-paying bidder, all legal expenses of the auction company will be paid for by the buyer. CATALOG DISCREPANCIES: You are bidding on the described item not the picture. Descriptions are believed to be accurate but not guaranteed. When you are not certain of the condition or use of an item, please bid accordingly. Please let us know if there is an error. All sales are final, no refunds. It is the buyers sole responsibility to determine condition of the item. TITLES: A $25.00 Title fee will be charged to the buyer for any titled item. Titles will be mailed to buyer via certified mail within 21 days of items being paid for and picked up. NO EXCEPTIONS . 1. Adam Marshall Land & Auction, LLC, (hereinafter referred to as AMA) is providing internet bidding for this auction. Bidder acknowledges and understands that this service may or may not function correctly at any time, including the auction closing time. Under no circumstances shall Bidder have any kind of claim against AMA or anyone else if the internet service fails to work correctly before or during the auction closing time. AMA will not be responsible for any missed or failed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should place their maximum bids at least two hours prior to the auction closing time. AMA reserves the right to withdraw or re-catalog items in this auction. In the event of any software problem, mistake or other issue, AMA reserves the right to extend the closing times, change the extension time, stop, restart or cancel this auction at its sole discretion. Even though an item may display as "sold" on the internet, no sales are final until they are certified by AMA and Bidder receives an invoice. AMA reserves the right to cancel any or all sales and resell the items in whatever manner it chooses. All property shall be removed from the premises by the Bidder at her/his own risk and expense within the time period announced. ALL MERCHANDISE PURCHASED AT THIS AUCTION MUST BE REMOVED AT THE SCHEDULED PICKUP TIMES LISTED. NO EXCEPTIONS! 2. If a check accepted by AMA is returned for any reason, Bidder agrees that AMA may re-present it in person or electronically and collect the full amount of the check as well as a $35 charge. Any amount left unpaid shall accrue interest at the highest rate allowed under Nebraska state law. Unless exempted by law, the purchaser shall pay all applicable taxes. Bidder agrees to indemnify AMA against any claim if sales tax is not collected on Bidder's purchases. Bidder agrees to not stop payment on any check paid to AMA. Bidder further agrees that under no circumstances will he/she initiate a chargeback on his/her credit card. Title to the merchandise transfers to Bidder only when Bidder's payment is honored. 3. AMA may refuse registration and bidding privileges to anyone for failure to pay previous auction invoices, failure to provide a valid credit card or any other reason. Bidder hereby agrees that AMA may share information about Bidder's non-payment of auction invoices or shipping charges with other parties and may pursue collection of balances due by any legal means. Bidder agrees to provide any identification AMA may request including but not limited to: driver's license & state ID card. Bidder agrees to comply with any stated additional terms or conditions associated with particular items. 4. Any/all Purchasers will be expected to rely upon his/her personal inspection or investigation of the property being offered at the Auction, or that of an approved party to Buyer, and not upon any representation of warranty or condition by the Seller or the Auction Company. Seller or Auction Company will, in NO WAY, be held responsible for any discrepancies, damage or loss of any property of the Buyer once the Auctioneer says SOLD. 5. By registering for this auction you agree to be added to AMA's email list. Each email we send has an easy unsubscribe link at the bottom of the email. Please do not report our emails as spam. Photo, video and audio recording is being made at all auction exhibitions and removal events. We hope you enjoy our auction and are able to make many advantageous purchases. All sales are final.