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Winning bidders are required to pay-in-full prior to making any shipping arrangements
All equipment and other Equipment offered for sale (“Equipment”) are offered by EquipNet, Inc. (“EquipNet” or “EquipNet” in these terms and conditions), as agents for the owner of the Equipment (“Seller”), subject to the following general terms of sale (“General Terms of Sale”), which, combined with any supplemental or revised terms posted in materials, on our website or as announced by EquipNet at the time of sale (“Sale Specific Terms”), make up the complete and entire Terms of Sale (“Terms of Sale”) that govern any sale by EquipNet to a bidder or Buyer in this auction (“Buyer” or “Bidder”). References to “Landlord(s)” throughout these terms shall be defined to include the property owners of each sale location upon which Items are located (“Sale Site”).
Please read these terms and conditions carefully relating to the online auction and sale of the Equipment. They apply to your access and use of our Website and form the basis of any agreement between us should you place a bid for any item or lot.
TOTAL PURCHASE PRICE. Payment is due upon successful bid(s). EquipNet will require a deposit prior to bidding of 400 USD or twenty five percent (25%) of the Buyer’s aggregate purchase price estimate whichever is higher. EquipNet may contact bidders requesting credit card hold or wire transfer confirmation as a deposit. If no deposit is received upon request EquipNet reserves the right to refuse or cancel Buyer’s bids as well as charge a liquidated damages penalty equal to 33% of the total of the buyer’s bids plus a 16% loss of buyer’s premium fee as liquidated damages for such losses as item storage, relocation and any reduced income from a lower resale price. The buyer’s items shall then be deemed abandoned and Equipnet shall be authorized to re-sell the items
By clicking on the “I Accept” button you are agreeing to be bound by the following terms and conditions, including the terms of service incorporated herein. If you do not accept all of the terms, do not click on the “I Accept” button.
Unless otherwise stated as a part of this registration, EquipNet's standard member terms of service are applicable to auctions. The below terms and conditions are additional terms that relate to this specific event.
All auction registrants are required to be an EquipNet member and have electronically agreed to the standard member terms and the specific member terms for Buyers as can be found at www.EquipNet.com. Bids submitted by non-EquipNet members may be deemed invalid.
If you are an employee of the Seller, you may only bid for, and purchase Equipment, or have Equipment purchased on your behalf or for your benefit, in compliance with your employer’s policies regarding conflicts of interest. EquipNet reserves the right to invalidate and nullify any sale to an employee of the Seller, at the Seller’s request, due to conflict of interest concerns, and you agree such nullification of sale shall be at no liability to Equipnet or the Seller.
The Buyer shall be allowed to make a pre-bid inspection visit one week prior to the actual date of auction for the purpose of queries.
Final Auction Bid Acceptance and Payment
All auction equipment is subject to internal redeployment, cancellation of listing, or other sale prior to formal acceptance of an auction bid by the Seller. The formal acceptance of an auction bid is not final until a proforma invoice has been sent, timely payment has been received in full, a visual inspection of equipment satisfactory to EquipNet has been made prior to shipment release, and timely shipment arrangements acceptable to EquipNet have been finalized.
Bidder understands and agrees that all bids submitted are binding. Auto Progressive Bidders with a high bid that closes in Yellow Status at the conclusion of a smart auction will have that Auto Progressive Maximum Bid automatically submitted. In the event that this submitted Auto Progressive Bid equals or exceeds the minimum acceptable reserve amount of the Seller, this bid will be recorded at the minimum acceptable reserve amount as the winning bid, move to green status, be deemed sold and added to the bidder’s invoice. Auto Progressive bidders at the time of bid submittal will have the option, by checking a box located on their bidding screen, to opt out of the automatic minimum reserve acceptance. If Bidder opts out of the automatic minimum reserve acceptance, any high bid at the close of the auction that does not surpass the minimum acceptable reserve amount will remain in yellow status and such final bid will be presented to the Seller who will have no obligation to consummate a sale with the bidder for this item. Seller retains the right to confirm a sale on any item that closes in yellow status at the recorded high bid amount.
Bids that have been submitted that remain in Yellow Status at the close of a Smart Auction will expire 5 calendar days after the close of the auction unless EquipNet sends an invoice for such yellow status item(s). EquipNet sending a proforma invoice for an item that closed in Yellow Status indicates that the bid(s) have been accepted subject to all the terms above and payment is due. Only after the above conditions have been met will a sale be final. Members should not rely on other verbal or written forms of communication regarding bids.
Upon the acceptance of bid by EquipNet, full payment of the purchase price, Buyer’s Premium and applicable taxes and other payments specified in these terms and conditions, or in the auction posting shall be due within 5 business days from the time an auction invoice has been sent. If payment is not received in full within 5 business days from the date of the relevant invoice, any and all bids made by the Buyer may, at the sole discretion of EquipNet be deemed null and void and the transaction cancelled. If a Buyer fails to timely pay for a purchase, cancels a purchase without just cause, or fails to remove the Equipment after payment, EquipNet reserves the right to cancel the purchase and charge Buyer liquidated damages equal to the total of the buyer’s bids plus a 16% loss of buyer’s premium fee and re-sell the Equipment. Also, if payment is not received within 5 business days from the time an invoice is sent, EquipNet reserves the right to suspend or terminate a member’s account without further notice. If a member fails to pay because funds were returned or rejected, EquipNet may charge a returned payment fee of 200 USD as well as other fees and premiums mentioned above.
Removal of Equipment
It is the Buyer’s responsibility to pay all costs of removing, packing, shipping (including insurance), transporting, unpacking and assembling the Equipment successfully bid for at the Auction.
All items must be removed within the specified removal period, or in the absence of a specified removal period, immediately upon successful bid and full payment, the Equipment shall be deemed abandoned by the Buyer. In the event that the Buyer fails to pay for their purchase, cancels their purchase or is deemed abandoned, EquipNet and Seller may take the following actions: (1) forfeit Buyer’s deposit, (2) cancel the invoice, (3) resell the Equipment through auction, private party sales and any other method determined by Seller. If a sale cannot be completed due to regulatory reasons not within Buyer’s control, EquipNet may in its discretion refund the deposit paid by Buyer.
Pick up appointments will be scheduled ONLY after the equipment has been paid for in full.
IN SOME INSTANCES THE SELLER IN ITS SOLE DISCRETION MAY ALLOW SELECT RIGGER / VENDORS ONTO THE SITE TO CONDUCT REMOVAL/RIGGING SERVICES FOR BUYER AND AS SUCH BUYER UNDERSTANDS AND AGREES THAT AS A PART OF THE TERMS OF THIS AUCTION THAT ANY COMPANY RETAINED BY THE BUYER FOR EQUIPMENT PICK-UP / REMOVAL WILL NEED TO BE APPROVED BY THE SELLER AND WILL BE REQUIRED TO PROVIDE THE APPROPRIATE DOCUMENTATION & INSURANCE COVERAGE POLICIES AND FURTHER AGREES TO THE FOLLOWING INDEMNIFICATION:
EQUIPMENT PICK-UP & REMOVAL INDEMNIFICATION: To the maximum extent permitted by law, Buyer, for itself and its agents and contractors, hereby agrees that it will indemnify, defend and hold harmless EquipNet and the Seller and all its subsidiaries and affiliates harmless against any and all claims, damages, expenses, losses and other liability, including, but not limited to, reasonable attorney's fees, arising out of any claim for personal injury, sickness, and, or, death to any persons and for any property damage caused by the transportation, and, or, the transfer of purchased equipment from or within the facility or to the dock including but not limited to the transfer of purchased material to the Buyer’s vehicle including any or all vehicles of any company including but not limited to any rigging or transportation companies acting to transport Buyer’s purchases whether or not such claims are based in part on the active or passive negligence or participation in the wrong or an alleged breach of a statutory duty or obligation on the part of EquipNet and the Seller. This indemnification covers claims arising from or in relation to residual or hazardous chemicals or other hazardous material on or in the purchased items, whether or not present due to the negligence of EquipNet and the Seller or any subsidiary or affiliate. The word "persons" as used herein, shall be construed to imply both the plural and the singular, as the case may demand, and shall include corporations, companies, associations, societies and municipal corporations as well as individuals. Buyer and Buyer’s agents and contractors are solely responsible for safely rigging and securing all loads to their vehicles and, or, vehicles they designate to remove the Equipment from the premises. Without limiting the preceding sentence, any vehicle that is deemed to be unsafe in the sole discretion of EquipNet and the Seller will be denied access to the facility / Dock.
Bidder understands and agrees that load out services are not applicable to all auctions; further, if removal services are specifically provided for in relation to an Auction or particular Equipment, removal services will ONLY include loading the Equipment purchased onto a single standard vehicle or flatbed and will NOT include loading to a container or multiple load outs to several vehicles unless arrangements have been agreed to prior to the event with EquipNetr or the Seller.
As a part of the terms and conditions of the auction, and in consideration of receiving permission to enter on the premises, Bidder hereby releases, waives all claims, assumes all risk, indemnifies and forever discharges Seller and EquipNet and its subsidiaries, officers, employees, agents, directors, servants, affiliated organizations and licensees from every and all claims that may result from being in and in the proximity of this facility. Bidder assumes the inherent and extraordinary risk involved in the activities associated with attending the auction inspection and auction event, and expressly assumes the risk of, and hereby accepts full responsibility for, any and all injuries (including death, and paralysis) and accidents that may occur as a result being on the premises.
1. EquipNet charges a Buyer's Premium at the time of sale, which is an additional charge above and beyond the final bid price for the Equipment. A 16% Buyers Premium will apply to sales at this Auction.
2. Full payment invoices issued by EquipNet and by Seller must be made within 5 business days from the date of invoice. EquipNet and Seller DO NOT accept checks or credit cards as payment. All payments must be in the form of wire transfers. No equipment will be shipped or otherwise available for pick up until payment of the purchase price, Buyers’ Premium and any applicable taxes, has been received in FULL and all required governmental or regulatory approvals have been received.
3. While the descriptions and information contained in the advertised material for this sale are, to the best of EquipNet's knowledge, believed to be correct, EquipNet and the Seller(s) will not be responsible for any deletions, discrepancies, or inaccuracies. Any announcements made at the auction or sale via electronic email or otherwise will take precedence over any previous announcements, advertisements or distributed material. The sale of equipment is intended to be sold without software or other proprietary intellectual property including but not limited to manuals (“Software”), if any is applicable. In the event that Software is included as part of the equipment sale, notwithstanding the disclaimers set forth above, neither EquipNet nor the Seller make any representations or warranties regarding the Buyer’s right to use such Software, the performance of the Software, it’s non infringement or otherwise. It is recommended that the Buyer contact the Software manufacture directly to secure a proper license and/or resolve any issues with its use prior to submitting a Bid.
4. Buyer shall pay all sales/use taxes or other applicable VAT, which will be added to the purchase price and the Buyers’ premium, on all purchased items.
5. EquipNet reserves the right to combine single items into lots and add or delete items prior to offering the item individually. Bids, which in the opinion of EquipNet are not commensurate with the value of the item offered, may be rejected. All Online and Webcast auction sales are with reserve unless the goods are, in explicit terms, put up without reserve. In an auction with reserve, EquipNet may assign reserve prior to or during an Auction and may withdraw the goods at any time until the final bid acceptance.
6. EquipNet or Seller(s) shall not be held liable for any claims with respect to environmental problems arising out of hazardous materials which may be contained in items sold. Certain pieces of equipment may contain residual chemicals or elements. It is the Buyer’s responsibility to safely secure the purchased item in compliance with all applicable governmental safety standards in using, selling, and transporting purchased items.
7. Buyer agrees to fully comply with all applicable export control laws, regulations, rules, and orders of the United Kingdom, any United Kingdom regulations, and all other applicable jurisdictions, and will not export, re-export, release, or transfer (collectively "export"), directly or indirectly, any Equipment, or enter into any transactions, for any proscribed end-use, or to or with any proscribed country, entity, or person (wherever located), including but not limited to those entities and persons listed on the United Kingdom’s Denied Persons List, Unverified List, Entity List, Debarred Parties List or Specially Designated Nationals List, without first obtaining at its own expense written authorization from Her Majesty's Government (HMG) . EquipNet will have the right to cancel any sale at any time in the event it determines, in its sole discretion, which the sale does or may violate applicable United Kingdom or United States export control or similar laws.
8. Select items are subject to prior sale, redeployment, or transfer. All bidders are advised to inspect each item individually or as a lot during the preview period prior to bidding. Buyers understand that inspection may be limited to website postings, images, and descriptions.
9. Additional terms and conditions may be posted on the EquipNet's website at any time during the auction and sale process and may amend or supersede those stated herein.
10. Subject to sub-section 10(b) below, the parties irrevocably agree that the courts of England are to have exclusive jurisdiction for the purpose of hearing and determining any suit, action or proceedings and/or to settle any disputes arising out of or in any way relating to this Agreement or its formation or validity ("Proceedings") and for the purpose of enforcement of any judgment against its property or assets. (b) Nothing in this Section 10 shall (or shall be construed so as to) limit the right of Equipnet or Seller to take Proceedings against Buyer in the courts of any country in which Buyer has assets or in any other court of competent jurisdiction nor shall the taking of Proceedings in any one or more jurisdictions preclude the taking of Proceedings in any other jurisdiction (whether concurrently or not) if and to the extent permitted by applicable law.
11. General. In the event that any provision of this Agreement is determined to be invalid, unenforceable or void, the parties agree to allow a court to replace such provision with a valid provision, which is as similar as possible to the provision replaced. EquipNet''s failure to act with respect to a breach shall not constitute a waiver of its right to act with respect to subsequent or similar breaches. This Agreement shall be governed by and construed in accordance with the laws of England & Wales, without reference to provisions governing choice of law. This Agreement (including the EquipNet’s General Terms, Buyer Terms of Service and/or the EquipNet Seller Terms of Service, as applicable) shall constitute the entire agreement between the parties as to the subject matter hereof. Nothing contained herein shall be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venture partners.
12. Absence of Warranties. The condition of the items being offered varies. The Buyer understands and agrees: (1) that any description or sample of the items given or furnished by EquipNet is solely for identification, and does not create any warranty expressed or implied, that the item actually conforms to such description or sample, (2) that Buyer or agent on Buyer’s behalf has inspected or has had the opportunity to inspect, all of the items upon which Buyer will be bidding and/or does purchase, (3) that all items are purchased and accepted by Buyer “AS IS”, “WHERE IS” and “WITH ALL FAULTS”. AGENT MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER WHETHER WRITTEN, ORAL OR IMPLIED AS TO QUALITY, QUANTITY, CONDITION, USABILITY, SALEABILITY, WEIGHT, MEASUREMENT, DATE OF EXPIRATION YEAR, MODEL, MECHANICAL CONDITION, PERFORMANCE, OR OTHER SPECIFICATIONS, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY AGAINST PATENT, TRADEMARK, COPYRIGHT OR TRADE SECRET INFRINGEMENT, (4) THERE IS NO WARRANTY RELATING TO QUIET ENJOYMENT, OR THE LIKE IN THE DISPOSITION OF ANY OF THE ASSETS. (5) NO MANUFACTURER’S OR OTHER WARRANTY OR REPAIR PROGRAM FOR THE ASSETS IS BEING OFFERED AS PART OF THE SALE. No statement or statements of any other paragraph herein shall be construed to in any way contradict the provisions of this paragraph.
13. Appropriate Rights and Clearances Not Included. All items are sold by EquipNet without seeking any corresponding grant of rights or clearance from any third parties. Buyer acknowledges and agrees that it shall be solely responsible for acquiring all appropriate rights and clearances from all third parties. Such rights and clearances include, but are not limited to, third party copyright, trademark, patent, trade secret, and privacy rights.
14. Acts of Others. Every person, which includes, but is not limited to the Buyer, as well as Buyer’s representatives, agents and associates, who enters the auction site, before, during and after the auction sale shall be deemed to be there at their own risk with notice of the condition of the premises, the activities on the premises and the conduct of any third parties and shall so advise their agents, employees and associates. No person shall have any claim against EquipNet Seller or Landlords, or any of their respective agents, employees or principals at any Sale Site, for any injuries sustained nor for damages to or loss to persons or property which may occur from any cause whatsoever. EquipNet, Seller and Landlords, as well as their agents, employees or representatives, shall not be liable by reason of any defect in or about the condition of the premises on which the auction is held. Buyer specifically releases EquipNet, Seller and Landlords, as well as their agents and representatives from all liability thereof.
15. Limits of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EQUIPNET OR SELLER BE LIABLE TO ANY BIDDER OR BUYER OF EQUIPMENT IN RELATION TO THIS AUCTION FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, FOR PROPERTY DAMAGE, EQUIPMENT RE-WORK, EQUIPMENT DAMAGE, DOWNTIME COSTS, CLAIMS OF BUYER’S CUSTOMERS, OR LOSS OF PROFITS, REVENUE, OR DATA, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EQUIPNET’S AND SELLER’S CUMULATIVE LIABILITY TO BUYER EXCEED THE AMOUNT PAID FOR EQUIPMENT PURCHASED IN THE AUCTION GIVING RISE TO THE LIABILITY, EVEN IF A TERM OF THE PARTIES’ CONTRACT FAILS OF ESSENTIAL PURPOSE.
Buyer further acknowledges that each item it purchases at the sale represents a separate transaction, and that no one transaction shall be conditioned upon another transaction. Buyer hereby waives, releases and discharges EquipNet, Seller and Landlords from any liability arising from or in relation to: (1) the acts or omission of any party who provided any items to EquipNet for sale, (2) the acts or omission of the owner or Landlord of the Sale Site or the site where the Items are stored, (3) any claims Buyer may have against EquipNet, Seller, Landlords, or any former owner of the property being sold, (4) Buyer’s failure in any way to properly inspect items and/or fulfill its obligations per the terms and conditions of the sale, as indicated within this document or as announced by EquipNet at the time of sale. In the event Buyer provides a deposit or payment using a Credit Card, Buyer acknowledges that it is purchasing under the As-Is, Where-Is terms of the Sale and that Buyer hereby waives all rights of charge back based on any claims of misrepresentation, non-delivery or non-performance.
EquipNet provides a service (the "Services") that matches buyers with sellers of used equipment (the "Equipment"). As a result of its limited role, EquipNet has no control over the quality, compatibility, safety or legality of the Equipment offered for sale. These specific Auction Terms will become a part of, and incorporated into the EquipNet General Terms of Service, the current version of which can be found at www.equipnet.com (the “General Terms”). Accordingly, the term “Agreement” as used in the General Terms shall mean the General Terms plus these specific Auction Terms. All capitalized terms used and not defined in this Addendum will have the meanings given to them in the General Terms.
If you have questions at any time, please contact our auction department at
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Terms & Conditions
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