1. IDENTIFICATION: All purchasers are required to give a full name and address. Productivity Inc. machinesused.com, at its sole discretion, may deny registration to any person or entity. Our services are available to, and may only be used by, individuals and/or entities who can form legally binding contracts under applicable law. Our services are not available to any individual under 18 years of age or to suspended Users. If you are registering as a business entity, you represent that you have the authority to bind the entity to this agreement. Further, your account number and user name may not be disclosed, transferred or sold to another party.
2. DEPOSIT: A Cash Deposit may be required to register if stated or may be required to continue bidding after a monetary threshold has been reached. Failure to make a required deposit may result in suspension of bidding privileges.
3. RESERVE: All assets in the auction shall be sold to the highest bidder provider, however, that some items may be auctioned with minimum reserve prices, and/or subject to the sellers right of confirmation. On lots with a reserve the auctioneer reserves the right to bid on behalf of the seller. Productivity Inc. machinesused.com reserves the right to reject any bid that is only a minimal increase over the previous bid.
4. PAYMENT: All bills must be paid in full within the time announced by the auctioneer. Bills must be settled before any items are removed. NO EXCEPTIONS. Productivity Inc. accepts the following methods of payment: cash, cashiers check or wire transfers. Personal and Business Check must be pre-approved by Productivity Inc. machinesused.com. In this case a check may require a bank Letter of Guarantee, Guaranteeing Payment in Full, without condition upon Demand.
5. REMOVAL: The auctioneer will list the removal or check-out period on the website, at the start of the auction. Productivity Inc. assumes no responsibility for small items left after that time. No lot can be removed during the sale. All removal shall be at the expense, liability and risk of the purchaser, including disconnecting of utilities. If the purchaser does not remove an item within the announced check-out period, Productivity Inc. machinesused.com and the seller may, at their sole discretion, deem the item to have been abandoned by the purchaser and the purchaser will have no further rights with respect to the item. Notwithstanding the foregoing, Productivity Inc. machineused.com and the seller reserve the right to charge the purchaser for the costs of storage beyond the checkout period, and/or such said items may be resold at public or private sale, without notice, with all deficiencies and expenses charged to the defaulting purchaser.
6. CONDITION OF LOTS: Bidders shall examine or inspect items prior to the day of the auction. ALL ITEMS ARE SOLD AS IS, WHERE IS AND WITH ALL FAULTS. NEITHER SELLER NOR PRODUCTIVITY INC. MAKES ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE NATURE, QUALITY, VALUE OR CONDITION OF ANY ASSET. PRODUCTIVITY INC. AND SELLER EXPRESSLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. No allowance will be made for errors in cataloging, genuineness, defects, or imperfections not noted. Software Licensing of any kind is not guaranteed or transfered by the Auctioneer on any items.
7. INDEMNIFICATION: Purchaser agrees to indemnify and hold harmless both Owner and Productivity Inc. from and against all claims and liabilities resulting from assets sold, including but not limited to: proximate or consequential damages, failure to comply with local, state or federal laws, and cost or legal expenses arising there from.
8. SALES TAX:Productivity is acting as an agent for the seller of the auctioned items.The items will be sold on location, and sales tax will be charged for the point of sale.Sales Tax Rates will be listed with the item being auctioned.Productivity Inc. will collect all applicable sales tax prior to removal of the item.In the event that a high bidder is not subject to sales tax, all confirming exemption forms must be submitted to Productivity prior to the conclusion of the auction.
9. CLAIMS: No claims will be allowed after the said item has been removed from the premises.
10. NON-DELIVERY: Neither owner or Productivity Inc. shall be liable for non-delivery to any purchaser of any lot, other than for the return to the purchaser the sum paid on said lots should the purchaser be entitled thereto.
11. COMPLIANCE WITH TERMS: By obtaining a bidding number, each bidder represents and irrefutably warrants they shall not misrepresent their ability to close the transaction pursuant to the terms and conditions of sale. Any bid they make on an item constitutes an irrevocable offer to buy the item for the full amount of the bid. If bidder fails to make payment of bills in full, by the specified time, the auctioneer may retain all monies received as deposits or otherwise as liquidation damages. Immediate notification is required if a mistake is made in bidding, Buyer may still be held responsible for the bid.
12. DANGEROUS AUCTION SITE: Bidders acknowledge that an auction site is a potentially dangerous place. Every person enters the auction site at his or her own risk with notice of the condition of the premises and the activities that will be or have been conducted on the premises. Persons attending during preview, sale or removal assume all risks of injury, damage or loss of property and specifically release the auctioneer from liability.
13. ADDITIONS OR WITHDRAWALS: Productivity Inc. may, in its discretion, offer the assets for sale by the piece or by the lot, or in any manner that best serves the interest of the seller. The seller has the right to add assets before the bidding, or remove assets from the auction either before or after bidding has been completed. In the event of a removal after bidding has been completed, the purchasers sole remedy shall be the refund of any purchase price actually paid
14. FALSE BIDS: If the high bidder fails to complete the transaction Productivity Inc. reserves the right to dispose of the asset in the best interests of the seller. Any High Bidder that fails to complete a transaction will be held responsible for all damages resulting from that action.
15. RECORD: The record kept by Productivity Inc. will be taken as final in the event of any dispute.
16. AGENCY: Productivity Inc. is acting only as an agent and is not responsible for the actions of those listing equipment for auction and/or the auction bidders.
17. EXPORT: Purchaser agrees to comply with all applicable US export laws, and acknowledge that Productivity Inc. is not the exporter of any items. Certain items offered at the auction may constitute Restricted Technology. Under federal law, such items cannot be shipped outside of the United States. Productivity Inc. makes no representation or warranty concerning, and has conducted no investigation to ascertain which items, if any, constitute Restricted Technology.
18. MISPRINTS: Productivity Inc. relies on information about assets in the auction provided by the seller and undertakes no investigation of that information. Productivity Inc. shall not be responsible for the correct description, genuineness, authenticity of, or defect in any lot, and makes no warranty therewith. Productivity Inc. will announce any additions to or deletions from the auction prior to the completion of the auction. The auctioneer assumes no responsibility for, and makes no representations or warranties concerning, descriptions of assets contained in marketing materials for the auction. It is the bidders obligation to verify such descriptions prior to the auction.
19. CONTRACT MOVERS: Any type of outside contractors, including riggers and machinery movers, will not be allowed to work on the auction premises until they have provided Productivity Inc. proper insurance, protecting Productivity Inc., the seller and the landlord from all and any claims resulting from their actions.
20. ADDITIONAL AUCTION TERMS may be posted within the Productivity Inc. machinesused.com Website or sent via email to active bidders.
21. MALFUNCTION: ANY Malfunction, Shutdown or Temporary loss of Service involving bidding for Items may render the results of the auction Void. In such an event Productivity Inc. reserves the right to remedy the situation in whatever way best represents the seller, including canceling the existing bids.
Auctioneer John C. Lawton MN License # 86-121