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650
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0 Bid(s)
1
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Live auction
Lot closed
Lot location
Plainville, Connecticut
l), 28V, 115V, 1 PH
Live
Venue address
339 Cooke Street
Plainville, CT
United States
SALE SPECIFIC TERMS AND CONDITIONS
Buyer?s Premium: Capital Recovery Group, LLC (?CRG?) will
charge buyers a non-negotiable buyer?s commission based on
the amount of the final bid of each lot sold. On-Site
bidders will be charged a 12.5% buyer's commission.
Internet bidders will be charged a 15% buyer?s commission.
Payment Deadline: Within one (1) business day after invoice
date.
Registration Requirements: All prospective bidders must
provide accurate and complete personal information prior to
the auction, including name, company name, mailing address
and phone number, and credit card information (for internet
bidders). First time internet bidders must first register
on-line with BidSpotter at BidSpotter.com and then register
on-line for the specific CRG auction. Internet bidders that
have already registered with BidSpotter can register
directly for the specific CRG auction.
Deposit: CRG requires at registration a deposit of 25% of
your total expected high bids. This can be in the form of
cash, cashier?s check, company or personal check with a bank
letter of guarantee, or bank wire transfer. Internet bidders
are required to register a valid credit card number, which
shall be subject to a 25% hold, and may be required to
arrange for a bank letter of credit. CRG reserves the right
to adjust the amount of the deposit or hold required in its
sole discretion.
Removal, Shipping & Logistics: Buyer or its authorized
agent is responsible for removal of equipment by the Removal
Deadline in accordance with all applicable terms and
conditions.
Removal Hours: Monday through Friday- 8:00 AM to 4:00 PM
Sales Tax: All applicable sales taxes apply. Buyer is
responsible for providing documentation necessary for
exemption or refund of sales tax paid.
Payment Instructions: Only cash, cashier?s check, company
or personal check with a bank letter of guarantee, or bank
wire transfer, are acceptable methods of payment. Credit
cards are accepted only for internet bidding registration.
Pay your invoice in full. You will then be given two (2)
copies of your invoice. Return to the auction site during
the removal hours with the pick-up copy of your invoice.
The CRG representative will allow you to remove all of the
items you purchased at the auction. If you are unable to
remove all of your items in one day, bring the original
white copy of your invoice when you return. This is the only
way for CRG to be sure of which items you have already
removed.
Other: By using or accessing any CRG services (including
internet services), you agree that you have read and
understood these terms and conditions and are bound by them.
You may not use or access any CRG services if you do not
agree to these terms and conditions. If you do not
understand any terms and conditions, contact CRG at (860)
623-9060.
DETAILED TERMS AND CONDITIONS
1. The additional terms and conditions below (?Terms?)
shall apply to any bid by any party to, or purchase by any
party from, Capital Recovery Group, LLC (?CRG?) in any
transaction in which CRG serves as broker, agent, liquidator
or auctioneer for any third party owner or for CRG, as
principal. These Terms apply to all transactions including,
without limitation, public auctions conducted by CRG and
direct purchases of any item either before, after or
independent of any public auction. By using or accessing any
CRG services (including internet services), you agree that
you have read and understood the Terms and are bound to the
Terms. You may not use or access any CRG services if you do
not agree to the Terms. If you do not understand any Terms,
contact CRG at (860) 623-9060. These Terms, the Sale
Specific Terms and Conditions, terms and conditions
contained in the auction catalogue and announced at the
auction may collectively be referred to hereinafter as the
"Terms and Conditions?.
2. All prospective bidders must provide accurate and
complete personal information and agree that whether they
are acting as principal, agent, member, officer or director
of a corporation, limited liability company or otherwise in
any capacity whatsoever, they are personally liable for the
payment of the purchase price, Buyer?s Premium and taxes
payable with respect to any and all lots for which they are
the successful bidder at auction. CRG reserves the right to
refuse any applicant the privilege of bidding or attending
the auction and may revoke such privilege at any time.
3. CRG requires a deposit of 25% of your expected high bids
at registration. This can be in the form of cash, cashier?s
check, company or personal check with a bank letter of
guarantee or bank wire transfer. Internet bidders are
required to register a valid credit card number, which shall
be subject to a 25% hold, and at CRG?s discretion may be
required to arrange for a wire transfer or bank letter of
credit prior to or during the auction in lieu of such hold.
CRG reserves the right to adjust the amount of the deposit
or hold required in its sole discretion.
4. The highest bidder for each lot shall be the buyer, and
if any dispute arises as to any bidding, or between two or
more bidders, at the sole discretion of the auctioneer, the
disputed lot shall be put up again at the last undisputed
bid and resold. CRG shall regulate the bidding and be the
sole arbiter. No bidder may retract its bid. CRG shall have
no liability arising from any dispute between bidders. CRG
reserves the right in its sole discretion to group one or
more lots or items, add or delete lots or items, or set
bidding increments. CRG also reserves the right to reject
any bid which is only a fractional advance over the
preceding bid, and to set and/or modify a reserve price. CRG
and/or its affiliates or subsidiaries may bid at the auction
either for its own account or on behalf of a third party.
ALL SALES ARE FINAL. THERE SHALL BE NO RETURNS FOR ANY
REASON.
5. CRG will charge and retain a non-negotiable buyer?s
commission (?Buyer?s Premium?) on the proceeds of any sale
based on the final bid of each lot sold, which will be
posted and/or announced for each sale.
6. Where required by law, buyer shall pay all applicable
sales tax to CRG. Tax will be added to the purchase price of
all purchased items and the Buyer?s Premium. Buyer is
responsible for providing all documentation necessary at
time of purchase for exemption or refund of sales tax.
7. CRG will invoice successful bidders after the auction.
Only cash, cashier?s check, company or personal check with a
bank letter of guarantee, or bank wire transfer are
acceptable methods of payment. Credit cards are accepted
only for internet bidding registration. All purchases must
be paid in full upon receipt of invoice in accordance with
the Terms and Conditions. The credit card hold will remain
in place as a non-refundable, irrevocable deposit until
payment in full. If CRG feels insecure or has not received
payment within one (1) business day after invoice date from
an internet bidder, internet bidder authorizes CRG to (i)
sell any purchased item(s) to the second highest bidder,
(ii) put such items up again at auction, and/or (iii) charge
bidder?s purchases to the credit card left on file during
the registration process.
8. All machinery, equipment, merchandise and other property
(collectively, ?Property?) is sold ?AS IS, WHERE IS, WITH
ALL FAULTS? with no warranties or representations as to
title, fitness of purpose, quantity, quality,
merchantability, state, condition, location, value or
otherwise. In no event shall CRG or the owner of the
Property (?Consignor?) be responsible for correctness of
description, genuineness, attribution, provenance,
authenticity, authorship, or completeness. CRG, Consignor
and Site Owner and their Representatives shall have no
liability to buyer due to non-delivery of any item for any
reason other than to return to buyer the monies deposited or
paid for such non-delivered items. If a shortage exists with
respect to items in a sold lot, an adjustment to the sale
price may be made by CRG in CRG?s sole discretion. CRG,
Consignor, and the Site Owner and their Representatives
shall not be liable for any lost profits, incidental or
consequential damages or the replacement value of any item.
All advertising, catalogs, and other sources of information
provided by CRG are subject to additions, deletions and
prior sale. No statement (oral or written) in the catalog,
at the auction or website, or elsewhere shall be deemed a
warranty or representation. No sale shall be invalidated and
CRG shall have no liability for a description of any item or
lot whether contained in a catalog, advertisement or
otherwise, or made at auction. Descriptions are provided for
guide purposes only and may not be relied upon by bidders
for accuracy or completeness. Bidders are deemed to rely
entirely upon their own inspections and investigations.
9. Buyer hereby acknowledges that it, or an agent acting on
its behalf, has inspected, or has had the opportunity to
inspect, all of the lots upon which it will be bidding.
After a sale has been confirmed, buyer shall be deemed to
have inspected all purchased lots.
10. Internet bidding is offered as a service to our
customers, and prospective bidders shall not hold CRG or its
internet service provider(s) liable if any of their
respective websites are unavailable for any reason. Access
to any such website may be suspended temporarily and without
notice in case of system failure, maintenance, repair or for
other reasons. CRG reserves the right to relist or adjust
bidding periods on any auction due to system malfunction.
11. CRG will accept bids from Buyers who wish to bid, but
cannot attend the auction. The bids may be placed online at
the auction website or in writing in a form acceptable to
CRG, but must be submitted in advance of the sale. All bids
must state the highest bid price, net of the Buyer?s Premium
and any applicable taxes, and be accompanied by a refundable
deposit equal to 25% of the highest bid price. CRG in its
sole discretion reserves the right to establish a reserve or
minimum price on any lot without having to announce, post or
publish notice to attendees and buyers at any auction. CRG
and/or its affiliates or subsidiaries may bid at the auction
either for its own account or on behalf of a third party.
CRG may implement such reserve by opening the bidding on
behalf of the seller and may bid up to the amount of the
reserve by placing successive or consecutive bids for a lot
in response to other bidders.
12. Removal hours, dates and deadlines will be posted
and/or announced for each sale and will be strictly adhered
to. All purchases must be completely removed no later than
the date specified. NO MERCHANDISE WILL BE RELEASED DURING
THE AUCTION SALE OR WITHOUT PAYMENT IN FULL. Buyer is
responsible for arranging for packing and shipping of all
lots purchased and paying for all shipping and handling
charges. Buyer expressly assumes all responsibility to
secure all safety equipment and to meet all applicable
local, state and governmental safety standards in using or
removing any items purchased. All contracted riggers and
movers must have an insurance certificate on file with CRG
with a minimum of $2,000,000 in comprehensive liability
insurance written by an insurance carrier of national
standing in form, scope and content acceptable to CRG in its
sole discretion and which names CRG and, if applicable,
Consignor, as additional insured(s) and lists as the
location the auction location, before any item may be
removed. Insurance certificates should be faxed to our
office at (860) 623-9160.
Buyer is responsible for providing its own forklifts and
material handling equipment for removal of its purchased
items. Material handling equipment sold at auction may not
be used in the removal of any items except by the buyer of
said equipment. CRG is not responsible for any missing or
lost small lots or items therein if they have not been
removed within 48 hours of the conclusion of the sale.
Buyer is solely responsible for properly removing all
fluids, oils, and hazardous materials from machinery
purchased at auction. All oils must be properly stored in
appropriate sealed containers.
13. Title to the offered lot(s) shall pass to buyer upon
payment in full to CRG and removal of purchased lot(s) from
the premises, subject to compliance by buyer with the Terms
and Conditions. CRG reserves the right to cancel or void
the sale of any lots purchased by buyer up to the time such
lots are removed by buyer.
14. Each buyer and bidder agrees to indemnify, hold
harmless and defend CRG, Consignor, and the owners of the
auction site (?Site Owner?) and their respective officers,
directors, agents, employees, and principals (individually
and collectively, ?Representatives?) from and against any
and all losses, damages, liabilities and claims, and all
attorneys fees, costs and expenses arising out of, based
upon or resulting from (i) any loss or injury resulting from
buyer?s failure to secure all safety equipment and/or to
meet all applicable government safety standards in removing
items purchased or in use, (ii) any act by or omission of
CRG, Consignor, or Site Owner or their Representatives,
relating to or affecting the items bid on or purchased by
buyer, or (iii) any injury to buyer or any other person or
property of any type whatsoever caused during the
inspection, auction, dismantling, removing, transporting or
use of the items purchased.
15. Buyer agrees to indemnify, defend and hold CRG harmless
with respect to all costs, expenses, liabilities, damages
and claims, including without limitation, attorneys fees,
asserted by any person, entity or governmental agency
against CRG directly or indirectly relating in any manner to
any hazardous or toxic materials, which may be regulated
under applicable laws, rules or regulations (collectively,
?Hazardous Materials?) and which relate in any way to the
dismantling or removal of any purchased item. CRG shall in
no event be obligated to sell any items which contain
Hazardous Materials, or to incur any costs or expenses
relating in any manner, either directly or indirectly, to
any Hazardous Materials. Buyer will be responsible for any
and all remediation costs related to the dismantling,
removal and operation or use of any purchased items.
16. CRG is not responsible for the acts or omissions of (i)
any party who provided any items to CRG for sale, (ii) the
Site Owner or Consignor or their representatives, (iii) the
owner or lessor of the site where the items are stored, or
(iv) any party that provides services to CRG, including
without limitation, telecommunications and internet bidding
services.
17. If buyer fails to pay the entire purchase price and/or
fails to comply with the Terms and Conditions, CRG may
retain the Buyer?s deposit as liquidated damages or charge
buyer?s credit card the hold amount as liquidated damages.
In addition, buyer shall lose all right, title and interest
in the applicable lots and CRG may resell such lots at a
public or private sale without further notice. If, at such a
sale, any such lot is sold for a lesser price, the original
buyer (defaulter) will be responsible for the difference
between the original selling price and the resale price.
Furthermore, any charges, fees and/or expenses incurred by
CRG as a result of resale will also be the responsibility of
the defaulter. This also includes any attorneys? fees that
may result in enforcement of the Terms and Conditions.
Time shall be of the essence. If buyer fails to make payment
or remove purchased lots within the specified times, such
lots will be deemed abandoned by the buyer, buyer shall
forfeit all monies paid to CRG for the purchase of such
lots, and buyer shall forfeit the right to purchase such
lots. In addition, buyer shall be responsible for all
damages suffered by CRG, including, but not limited to, any
dismantling, transportation, storage or other costs,
including attorneys? fees incurred by CRG as a consequence
of buyer?s failure to remove such lots.
18. Every person at the auction site acknowledges that an
auction site is a potentially dangerous place with noxious,
corrosive and pressurized substances being present, heavy
equipment being operated and electric circuits being live.
Every person at the auction site before, during and after
the auction sale shall be deemed to be there at its own risk
with notice of the condition of the premises, the activities
on the premises and the conduct of third parties, and the
bidder shall so advise its agents and employees. No person
shall have any claim against CRG, Consignor, or the Site
Owner or their Representatives for any injuries sustained
nor for damages to or loss of property which may occur from
any cause whatsoever. CRG, Consignor, and the Site Owner
and their Representatives shall not be liable for any lost
profits, incidental or consequential damages or the
replacement value of any item.
19. Any dispute or controversy arising out of or relating
to the auction or any interpretation, construction,
performance or breach of the Terms and Conditions shall be
resolved by final and binding arbitration conducted through
the American Arbitration Association in Hartford,
Connecticut. Should any party to this agreement institute
any arbitration or other action or proceeding in any way
relating to the auction, or to enforce, interpret or apply
any provision of the Terms and Conditions, the parties agree
that the prevailing party shall be entitled to reimbursement
by the losing party of all statutory and non-statutory costs
and expenses, including, but not limited to, all of its
attorneys? fees. The validity, construction and performance
of the Terms and Conditions shall be governed by the
substantive law of the jurisdiction where the auction was
conducted. If any provision of the Terms and Conditions is
deemed illegal, invalid or unenforceable, the legality,
validity and enforceability of the remaining parts, shall
not be affected.
Buyer?s Premium: Capital Recovery Group, LLC (?CRG?) will
charge buyers a non-negotiable buyer?s commission based on
the amount of the final bid of each lot sold. On-Site
bidders will be charged a 12.5% buyer's commission.
Internet bidders will be charged a 15% buyer?s commission.
Payment Deadline: Within one (1) business day after invoice
date.
Registration Requirements: All prospective bidders must
provide accurate and complete personal information prior to
the auction, including name, company name, mailing address
and phone number, and credit card information (for internet
bidders). First time internet bidders must first register
on-line with BidSpotter at BidSpotter.com and then register
on-line for the specific CRG auction. Internet bidders that
have already registered with BidSpotter can register
directly for the specific CRG auction.
Deposit: CRG requires at registration a deposit of 25% of
your total expected high bids. This can be in the form of
cash, cashier?s check, company or personal check with a bank
letter of guarantee, or bank wire transfer. Internet bidders
are required to register a valid credit card number, which
shall be subject to a 25% hold, and may be required to
arrange for a bank letter of credit. CRG reserves the right
to adjust the amount of the deposit or hold required in its
sole discretion.
Removal, Shipping & Logistics: Buyer or its authorized
agent is responsible for removal of equipment by the Removal
Deadline in accordance with all applicable terms and
conditions.
Removal Hours: Monday through Friday- 8:00 AM to 4:00 PM
Sales Tax: All applicable sales taxes apply. Buyer is
responsible for providing documentation necessary for
exemption or refund of sales tax paid.
Payment Instructions: Only cash, cashier?s check, company
or personal check with a bank letter of guarantee, or bank
wire transfer, are acceptable methods of payment. Credit
cards are accepted only for internet bidding registration.
Pay your invoice in full. You will then be given two (2)
copies of your invoice. Return to the auction site during
the removal hours with the pick-up copy of your invoice.
The CRG representative will allow you to remove all of the
items you purchased at the auction. If you are unable to
remove all of your items in one day, bring the original
white copy of your invoice when you return. This is the only
way for CRG to be sure of which items you have already
removed.
Other: By using or accessing any CRG services (including
internet services), you agree that you have read and
understood these terms and conditions and are bound by them.
You may not use or access any CRG services if you do not
agree to these terms and conditions. If you do not
understand any terms and conditions, contact CRG at (860)
623-9060.
DETAILED TERMS AND CONDITIONS
1. The additional terms and conditions below (?Terms?)
shall apply to any bid by any party to, or purchase by any
party from, Capital Recovery Group, LLC (?CRG?) in any
transaction in which CRG serves as broker, agent, liquidator
or auctioneer for any third party owner or for CRG, as
principal. These Terms apply to all transactions including,
without limitation, public auctions conducted by CRG and
direct purchases of any item either before, after or
independent of any public auction. By using or accessing any
CRG services (including internet services), you agree that
you have read and understood the Terms and are bound to the
Terms. You may not use or access any CRG services if you do
not agree to the Terms. If you do not understand any Terms,
contact CRG at (860) 623-9060. These Terms, the Sale
Specific Terms and Conditions, terms and conditions
contained in the auction catalogue and announced at the
auction may collectively be referred to hereinafter as the
"Terms and Conditions?.
2. All prospective bidders must provide accurate and
complete personal information and agree that whether they
are acting as principal, agent, member, officer or director
of a corporation, limited liability company or otherwise in
any capacity whatsoever, they are personally liable for the
payment of the purchase price, Buyer?s Premium and taxes
payable with respect to any and all lots for which they are
the successful bidder at auction. CRG reserves the right to
refuse any applicant the privilege of bidding or attending
the auction and may revoke such privilege at any time.
3. CRG requires a deposit of 25% of your expected high bids
at registration. This can be in the form of cash, cashier?s
check, company or personal check with a bank letter of
guarantee or bank wire transfer. Internet bidders are
required to register a valid credit card number, which shall
be subject to a 25% hold, and at CRG?s discretion may be
required to arrange for a wire transfer or bank letter of
credit prior to or during the auction in lieu of such hold.
CRG reserves the right to adjust the amount of the deposit
or hold required in its sole discretion.
4. The highest bidder for each lot shall be the buyer, and
if any dispute arises as to any bidding, or between two or
more bidders, at the sole discretion of the auctioneer, the
disputed lot shall be put up again at the last undisputed
bid and resold. CRG shall regulate the bidding and be the
sole arbiter. No bidder may retract its bid. CRG shall have
no liability arising from any dispute between bidders. CRG
reserves the right in its sole discretion to group one or
more lots or items, add or delete lots or items, or set
bidding increments. CRG also reserves the right to reject
any bid which is only a fractional advance over the
preceding bid, and to set and/or modify a reserve price. CRG
and/or its affiliates or subsidiaries may bid at the auction
either for its own account or on behalf of a third party.
ALL SALES ARE FINAL. THERE SHALL BE NO RETURNS FOR ANY
REASON.
5. CRG will charge and retain a non-negotiable buyer?s
commission (?Buyer?s Premium?) on the proceeds of any sale
based on the final bid of each lot sold, which will be
posted and/or announced for each sale.
6. Where required by law, buyer shall pay all applicable
sales tax to CRG. Tax will be added to the purchase price of
all purchased items and the Buyer?s Premium. Buyer is
responsible for providing all documentation necessary at
time of purchase for exemption or refund of sales tax.
7. CRG will invoice successful bidders after the auction.
Only cash, cashier?s check, company or personal check with a
bank letter of guarantee, or bank wire transfer are
acceptable methods of payment. Credit cards are accepted
only for internet bidding registration. All purchases must
be paid in full upon receipt of invoice in accordance with
the Terms and Conditions. The credit card hold will remain
in place as a non-refundable, irrevocable deposit until
payment in full. If CRG feels insecure or has not received
payment within one (1) business day after invoice date from
an internet bidder, internet bidder authorizes CRG to (i)
sell any purchased item(s) to the second highest bidder,
(ii) put such items up again at auction, and/or (iii) charge
bidder?s purchases to the credit card left on file during
the registration process.
8. All machinery, equipment, merchandise and other property
(collectively, ?Property?) is sold ?AS IS, WHERE IS, WITH
ALL FAULTS? with no warranties or representations as to
title, fitness of purpose, quantity, quality,
merchantability, state, condition, location, value or
otherwise. In no event shall CRG or the owner of the
Property (?Consignor?) be responsible for correctness of
description, genuineness, attribution, provenance,
authenticity, authorship, or completeness. CRG, Consignor
and Site Owner and their Representatives shall have no
liability to buyer due to non-delivery of any item for any
reason other than to return to buyer the monies deposited or
paid for such non-delivered items. If a shortage exists with
respect to items in a sold lot, an adjustment to the sale
price may be made by CRG in CRG?s sole discretion. CRG,
Consignor, and the Site Owner and their Representatives
shall not be liable for any lost profits, incidental or
consequential damages or the replacement value of any item.
All advertising, catalogs, and other sources of information
provided by CRG are subject to additions, deletions and
prior sale. No statement (oral or written) in the catalog,
at the auction or website, or elsewhere shall be deemed a
warranty or representation. No sale shall be invalidated and
CRG shall have no liability for a description of any item or
lot whether contained in a catalog, advertisement or
otherwise, or made at auction. Descriptions are provided for
guide purposes only and may not be relied upon by bidders
for accuracy or completeness. Bidders are deemed to rely
entirely upon their own inspections and investigations.
9. Buyer hereby acknowledges that it, or an agent acting on
its behalf, has inspected, or has had the opportunity to
inspect, all of the lots upon which it will be bidding.
After a sale has been confirmed, buyer shall be deemed to
have inspected all purchased lots.
10. Internet bidding is offered as a service to our
customers, and prospective bidders shall not hold CRG or its
internet service provider(s) liable if any of their
respective websites are unavailable for any reason. Access
to any such website may be suspended temporarily and without
notice in case of system failure, maintenance, repair or for
other reasons. CRG reserves the right to relist or adjust
bidding periods on any auction due to system malfunction.
11. CRG will accept bids from Buyers who wish to bid, but
cannot attend the auction. The bids may be placed online at
the auction website or in writing in a form acceptable to
CRG, but must be submitted in advance of the sale. All bids
must state the highest bid price, net of the Buyer?s Premium
and any applicable taxes, and be accompanied by a refundable
deposit equal to 25% of the highest bid price. CRG in its
sole discretion reserves the right to establish a reserve or
minimum price on any lot without having to announce, post or
publish notice to attendees and buyers at any auction. CRG
and/or its affiliates or subsidiaries may bid at the auction
either for its own account or on behalf of a third party.
CRG may implement such reserve by opening the bidding on
behalf of the seller and may bid up to the amount of the
reserve by placing successive or consecutive bids for a lot
in response to other bidders.
12. Removal hours, dates and deadlines will be posted
and/or announced for each sale and will be strictly adhered
to. All purchases must be completely removed no later than
the date specified. NO MERCHANDISE WILL BE RELEASED DURING
THE AUCTION SALE OR WITHOUT PAYMENT IN FULL. Buyer is
responsible for arranging for packing and shipping of all
lots purchased and paying for all shipping and handling
charges. Buyer expressly assumes all responsibility to
secure all safety equipment and to meet all applicable
local, state and governmental safety standards in using or
removing any items purchased. All contracted riggers and
movers must have an insurance certificate on file with CRG
with a minimum of $2,000,000 in comprehensive liability
insurance written by an insurance carrier of national
standing in form, scope and content acceptable to CRG in its
sole discretion and which names CRG and, if applicable,
Consignor, as additional insured(s) and lists as the
location the auction location, before any item may be
removed. Insurance certificates should be faxed to our
office at (860) 623-9160.
Buyer is responsible for providing its own forklifts and
material handling equipment for removal of its purchased
items. Material handling equipment sold at auction may not
be used in the removal of any items except by the buyer of
said equipment. CRG is not responsible for any missing or
lost small lots or items therein if they have not been
removed within 48 hours of the conclusion of the sale.
Buyer is solely responsible for properly removing all
fluids, oils, and hazardous materials from machinery
purchased at auction. All oils must be properly stored in
appropriate sealed containers.
13. Title to the offered lot(s) shall pass to buyer upon
payment in full to CRG and removal of purchased lot(s) from
the premises, subject to compliance by buyer with the Terms
and Conditions. CRG reserves the right to cancel or void
the sale of any lots purchased by buyer up to the time such
lots are removed by buyer.
14. Each buyer and bidder agrees to indemnify, hold
harmless and defend CRG, Consignor, and the owners of the
auction site (?Site Owner?) and their respective officers,
directors, agents, employees, and principals (individually
and collectively, ?Representatives?) from and against any
and all losses, damages, liabilities and claims, and all
attorneys fees, costs and expenses arising out of, based
upon or resulting from (i) any loss or injury resulting from
buyer?s failure to secure all safety equipment and/or to
meet all applicable government safety standards in removing
items purchased or in use, (ii) any act by or omission of
CRG, Consignor, or Site Owner or their Representatives,
relating to or affecting the items bid on or purchased by
buyer, or (iii) any injury to buyer or any other person or
property of any type whatsoever caused during the
inspection, auction, dismantling, removing, transporting or
use of the items purchased.
15. Buyer agrees to indemnify, defend and hold CRG harmless
with respect to all costs, expenses, liabilities, damages
and claims, including without limitation, attorneys fees,
asserted by any person, entity or governmental agency
against CRG directly or indirectly relating in any manner to
any hazardous or toxic materials, which may be regulated
under applicable laws, rules or regulations (collectively,
?Hazardous Materials?) and which relate in any way to the
dismantling or removal of any purchased item. CRG shall in
no event be obligated to sell any items which contain
Hazardous Materials, or to incur any costs or expenses
relating in any manner, either directly or indirectly, to
any Hazardous Materials. Buyer will be responsible for any
and all remediation costs related to the dismantling,
removal and operation or use of any purchased items.
16. CRG is not responsible for the acts or omissions of (i)
any party who provided any items to CRG for sale, (ii) the
Site Owner or Consignor or their representatives, (iii) the
owner or lessor of the site where the items are stored, or
(iv) any party that provides services to CRG, including
without limitation, telecommunications and internet bidding
services.
17. If buyer fails to pay the entire purchase price and/or
fails to comply with the Terms and Conditions, CRG may
retain the Buyer?s deposit as liquidated damages or charge
buyer?s credit card the hold amount as liquidated damages.
In addition, buyer shall lose all right, title and interest
in the applicable lots and CRG may resell such lots at a
public or private sale without further notice. If, at such a
sale, any such lot is sold for a lesser price, the original
buyer (defaulter) will be responsible for the difference
between the original selling price and the resale price.
Furthermore, any charges, fees and/or expenses incurred by
CRG as a result of resale will also be the responsibility of
the defaulter. This also includes any attorneys? fees that
may result in enforcement of the Terms and Conditions.
Time shall be of the essence. If buyer fails to make payment
or remove purchased lots within the specified times, such
lots will be deemed abandoned by the buyer, buyer shall
forfeit all monies paid to CRG for the purchase of such
lots, and buyer shall forfeit the right to purchase such
lots. In addition, buyer shall be responsible for all
damages suffered by CRG, including, but not limited to, any
dismantling, transportation, storage or other costs,
including attorneys? fees incurred by CRG as a consequence
of buyer?s failure to remove such lots.
18. Every person at the auction site acknowledges that an
auction site is a potentially dangerous place with noxious,
corrosive and pressurized substances being present, heavy
equipment being operated and electric circuits being live.
Every person at the auction site before, during and after
the auction sale shall be deemed to be there at its own risk
with notice of the condition of the premises, the activities
on the premises and the conduct of third parties, and the
bidder shall so advise its agents and employees. No person
shall have any claim against CRG, Consignor, or the Site
Owner or their Representatives for any injuries sustained
nor for damages to or loss of property which may occur from
any cause whatsoever. CRG, Consignor, and the Site Owner
and their Representatives shall not be liable for any lost
profits, incidental or consequential damages or the
replacement value of any item.
19. Any dispute or controversy arising out of or relating
to the auction or any interpretation, construction,
performance or breach of the Terms and Conditions shall be
resolved by final and binding arbitration conducted through
the American Arbitration Association in Hartford,
Connecticut. Should any party to this agreement institute
any arbitration or other action or proceeding in any way
relating to the auction, or to enforce, interpret or apply
any provision of the Terms and Conditions, the parties agree
that the prevailing party shall be entitled to reimbursement
by the losing party of all statutory and non-statutory costs
and expenses, including, but not limited to, all of its
attorneys? fees. The validity, construction and performance
of the Terms and Conditions shall be governed by the
substantive law of the jurisdiction where the auction was
conducted. If any provision of the Terms and Conditions is
deemed illegal, invalid or unenforceable, the legality,
validity and enforceability of the remaining parts, shall
not be affected.