ONLINE TERMS AND CONDITIONS

A $2,500.00 Credit Card Authorization is required to participate in online bidding for this auction. If you are not a successful bidder, your credit card will not be charged, and the hold will be released within 7 days after the Auction Date.

Your credit card hold/deposit of $2,500 will be applied to your purchase if payment is not made prior to the Wednesday after Auction Date. A refund check will be mailed out if other payments are made
after the hold/deposit is processed.

There is a 2% Internet Purchase Fee.

GENERAL TERMS AND CONDITIONS: These are the Conditions of this public sale. Auctioneer is Hess Auctioneers LLC, agent for Seller. Acceptance of a bidder number constitutes acceptance of these Conditions. Sale is by public auction, which may be recorded. High bidders shall deliver signed documents per item. Bidders violating any of these Conditions may forfeit auction participation.

The Auctioneer and Equipmentfacts have described the Lot(s) in the catalog to the best of their ability and belief from information furnished by the Vendor(s) who shall be alone responsible for any error or miss-statement, which there may be. The Auctioneer and Equipmentfacts undertake no liability whatever in respect of any faults, deficiencies and errors of any description, oral or printed, nor do they accept responsibility for the authenticity, genuineness, origin, age, condition or quality of any Lot(s) and all statements as to these matters whether contained in the catalog or made orally are statements of opinion only and not to be taken as being or implying a statement or representation of fact

Each and every Lot is sold "as is, where is". The Auctioneer and Equipmentfacts provide no guarantees or warranties (express or implied) in respect of the Equipment contained in the Lot. All representations made by the Auctioneer and Equipmentfacts, its servants or agents are to be considered lay opinions only and the Auctioneer and Equipmentfacts accept no liability for any purchase made by a Buyer in reliance upon them. Mileage/kilometers/hours are recorded only by what is visible on the meter, and no guarantees are made on actual mileage/kilometers/hours of any item sold.

The Buyer agrees to insure the Equipment purchased against all losses from the Auction Date until removal of the Equipment by the Buyer.

BUYER’S PREMIUMS: Hess Auctioneers charges and retains a Ten Percent (10%) buyer’s premium per item sold at the Auction Sale up to $9,999.99. Hess Auctioneers will charge and retain a Five Percent (5%) buyer’s premium on each listed item sold at the auction sale $10,000.00 to $249,999 and Three (3%) buyer’s premium on each item listed and sold for $250,000.00 and up.

SALES TAX: Applicable State of PA Sales Tax will be charged on all lots unless you are exempt from Sales Tax and you provide a PA Tax Exemption form.

PAYMENT: Payment in full must be made by the first Tuesday after auction date in the form Cash, Wire Transfer, ACH, Cashier's Check, a Company Check, Visa, Mastercard, or Discover are accepted up to $5000. There is an additional 3% administrative fee if paying by credit card. Please be advised if you are paying in cash over $10K, the IRS 8300 form will need to be completed at the time of payment. Please make checks payable to Hess Auctioneers, LLC.

Failure to arrange payment by this date will place you on our Delinquent Payers List. If payment in full is not received 1 week from the auction date, the buyer will be charged 1% of the outstanding balance per day until balance is paid in full.

TITLE: Purchaser hereby appoints Auctioneer as Purchaser’s agent for the limited purpose of transferring and delivering title to Purchaser. Following payment the Seller shall convey to the Purchaser the title to the property, free of all encumbrances not noted in these Conditions, within TEN business days. Payment by guaranteed funds may expedite conveyance of title. Title delay may take up to 30 days or more. Hess Auctioneers is not responsible for expenses related to title delays.

DEFAULT: If the Seller is unable to give title as required by these Conditions, the Purchaser’s sole remedy shall be to (1) take such title as Seller can give, or (2) require Seller to return all payments. Upon such return all further obligations of both Seller and Purchaser under these Conditions shall terminate. The time for payment is of the essence. If the Purchaser does not comply with these Conditions, the Seller, in addition to all remedies provided by law, may resell the property at public or private sale, with or without notice to the present Purchaser, and retain any advance in price, or hold the present Purchaser liable for any loss resulting from such resale. Purchaser shall pay actual attorney’s fees and court costs incurred by Auctioneer or Seller or both of them in enforcing this agreement

PROPERTY REMOVAL: All purchases must be removed from the premises by the 2nd Friday following the Auction Date. If not removed, the Auctioneer will charge a $50 a day storage and moving fee related to the removal of the item from the Auction Lot.

JURISDICTION: Bidders are to be held personally liable for any bids made with their Bidding Number. By participating in our auction, Bidder/buyer agrees to Pennsylvania Law and Exclusive Jurisdiction in in Lancaster County, Pennsylvania for any and all disputes.

BIDDING: The highest bidder for each Lot shall be the Purchaser when Auctioneer announces that the property is sold. In the event of any dispute the Auction house shall have absolute discretion either to settle such dispute or to re-offer the lot for re-sale.

RESERVES: Unless the sale is advertised and announced as a sale without reserves, each lot may be offered subject to reserve. Auction Company may implement such reserves by bidding through its representatives on behalf of the Owner.

RISK OF LOSS: The Auctioneer and Equipmentfacts accepts no liability for loss or damage howsoever arising from any Lots not presented for sale. The risk of loss for purchased property passes immediately to Purchaser upon Auctioneer’s announcement that the property is sold. Any theft, loss or damage occurring after such announcement shall be the Purchaser’s sole responsibility. Purchaser warrants and represents that Purchaser has all necessary insurance for any purchased property. The Buyer acknowledges he/she has read and agrees to be bound by the additional terms and
conditions set forth.

YALE 101448

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