2012 John Deere 323D Track Skid Steer

WARRANTIES – All items sold by Merit Auctions are represented without warranties, expressed or implied, of any kind. Furthermore, Merit Auctions will not guarantee condition, usability, fitness for a particular purpose, quality of the unit, materials, components, or workmanship. While Merit Auctions makes every effort to represent the equipment to the best of our knowledge, Merit Auctions makes no warranty or guarantee of the equipment. All photos, listings, videos, build sheets, etc are meant to be used only as guides. Photos may or may not depict all aspects of an item. Warranties stated by manufacturers are for reference only and should be confirmed by the bidder prior to bidding with the manufacturer or dealer. Merit Auctions is not responsible for, nor capable of, transferring remaining warranties to new owner. If a manufacturers warranty requires ownership transfer you, as the bidder, are responsible for arranging that transfer with the according manufacturer and dealer. HOUR METER OR MILEAGE ASSESSMENT Merit Auction only reports hours and miles that are shown on the meter at the time of listing and makes no guarantees that the miles/hours shown on meter are the actual miles/hours. BUYER RESPONSIBILITY TO INSPECT AND DETERMINE SUITABILITY FOR USE It is the responsibility of buyer to inspect an item prior to bidding. It is the buyers responsibility to assess the items operational condition and suitability for use. Seller's contact information and location of the item will be provided with the listing. In no event does failure to contact the seller or failure to inspect an item prior to bidding serve as grounds for collapsing the sale, rescinding the transaction, or requesting a rebate or refund. DISPUTE HANDLING Merit Auctions makes no warranties or guarantees on items sold on its platforms. Merit Auctions, to the best of their ability, will assist a buyer and seller in helping to resolve a dispute. However, ultimately, resolutions are the responsibility of the buyer and the seller. To be investigated, a dispute must be submitted to Merit Auctions within 14 calendar days of winning the item in auction. Disputes received by Merit Auctions later than 14 days after the auction will not be considered. PICKUP AND RISK OF LOSS It is the buyer's responsibility to pick up or arrange pick up of items purchased in auction within fourteen (14) calendar days of winning the bid. The seller is responsible for maintaining items sold in auction in the same condition as when listed, for fourteen (14) calendar days of the auction closing. After fourteen (14) calendar days of auction closing, the buyer assumes full responsibility for delivery and all ownership risks including, but not limited to, loss from accident, theft, vandalism, fire, lack of security, malicious mischief, flood, windstorm, earthquake, lightning, and all other acts of God. AUCTION TERMS Merit Auctions will conduct an absolute auction. No minimums, reserves, or shill bids are allowed. SALES TAX The buyer is responsible for all applicable sales tax on items purchased. Sales tax guidelines from the applicable state will be used to determine if an item is sales tax exempt. If the exempt determination is made, the buyer will be responsible for obtaining, completing, and forwarding all necessary forms from the taxing jurisdiction (e.g., city, county, state) to Merit Auctions. All tax documentation must match the buyer’s account details and invoices cannot be changed after the auction has closed. Sales tax can only be cleared from the buyer’s invoice once all required forms have been completed, submitted, and validated. Sales tax or appropriate sales tax exemption forms are due within the 48-hour payment deadline. No items will be released to the buyer until payment is received in full. Payment in full includes the payment of all applicable sales tax or the submission of all appropriate sales tax exemption forms. SETTLEMENT / PAYMENT The successful bidder is responsible for making full payment within 48 hours following the close of the auction. After the entire auction is completed and processed, winning bidders, i.e., buyers will receive an email notice with instructions on viewing their invoice online. If you do not receive an expected invoice before the end of the auction business day, contact Merit Auctions immediately to verify buyer’s account and obtain access to the invoice. Payment instructions are provided on the invoice. All payments are to be made by wire transfer or by an ACH payment and must be made in U.S. Dollars. Payments can be made by credit card (MasterCard, Visa, or Discover) for Auction purchases less than $5,000, however, a (5%) percent convenience fee will apply to credit card payments. See paragraph “INTERNATIONAL BUYERS” for international buyer payments. Once the payment is received, a paid-in–full invoice will be provided to the buyer. Payment in full includes the payment of all applicable sales tax or the submission of all appropriate sales tax exemption forms. Failure to submit all sales tax or clear sales tax with appropriate forms at the time of payment will prevent the item from being released to the buyer. COLLAPSED SALE A "Collapsed Sale" shall be a sale that for any reason becomes null and void. You acknowledge that Merit Auctions reserves the right to collapse any sale between you and the Seller for any reason and may return any or all funds to you. FAILURE TO PAY/BUYER PAYMENT DEFAULT If a Buyer fails to pay for an item, they are subject to collection on the full purchase price and any associated taxes and fees, or if the item is sold to the second highest bidder or relisted by the seller, any shortfall in resale price plus 25% of the final sale price in liquidated damages. Failure to Pay will also result in the buyer’s account being suspended from participation in all future auctions. EQUIPMENT REMOVAL Buyer agrees to remove purchase from seller’s location within fourteen (14) calendar days of winning the bid. Transportation, and any and all costs associated, is the responsibility of the buyer. Should buyer fail to remove purchase within the specified period of time, Merit Auctions or seller may charge a storage fee of $25 per day until purchase is removed from seller’s location. The buyer or the buyer’s agent is responsible for arriving with a paid in full invoice and the appropriate equipment to safely transport the item purchased. The buyer agrees to indemnify and hold Merit Auctions harmless agents against all damages, liabilities, claims, or causes of action arising out of said property storage and removal. If buyer does not remove item within thirty (45) days, item may be placed for sale in the next available auction. All storage fees, handling costs, and sales commissions for the removal and “re-sale” of the item will be deducted from the final sale price. Any remaining proceeds will be returned to the abandoning buyer, provided Merit Auctions is able to determine a method for doing so. Merit Auctions also maintains the right to suspend the bidding privileges of any buyer who does not pick up items purchased in the auction within the specified terms. INTERNATIONAL BUYERS Any buyer registering outside the Continental United States (US) or relying on financial transactions for auction payment outside the US, will be considered an International buyer and subject to the following payment and removal terms: All payments are required within the 48-hour deadline following the close of the auction via bank wire or a buyer initiated ACH payment. Entering into a separate storage agreement with the seller is between the buyer and seller, and Merit Auctions has no responsibility for resolving any subsequent conflicts or disagreements which arise between buyer and seller. JURISDICTION AND VENUE Any legal action commenced by either party to resolve any dispute arising under this Agreement will be resolved only in the courts of Thomas County, Georgia in the United States. Each party irrevocably submits to the personal jurisdiction of such courts and hereby waives any and all objections as to venue, inconvenient forum, and the like. AUCTION PROCEDURE • Register online to get a bidding number. • Buyers are encouraged to contact the seller in order to inspect item(s) and for greater details and/or disclosure on the item(s) prior to the auction. • Highest bidder makes full settlement within 48 hours after the conclusion of the auction • Merit Auctions reserves the right to revoke any bid number at any time, even during the auction. • Item(s) may be removed from the auction site or Seller’s premise upon presentation of paid-in full invoice from Merit Auctions.