Special Terms
All items sell 'AS IS-WHERE IS', with all faults and with no guarantees or warranties of any type, expressed or implied, as to the merchantability or fitness for a particular use or purpose. I agree that these terms, as well as all other terms set forth below, can be amended or revised only in writing, signed by the Auctioneer. I also agree that any oral representation made by the Auctioneer shall not modify these 'AS IS-WHERE IS' terms. I understand that any description given in the catalog or written on the equipment is not guaranteed, and I will rely entirely on my own inspection. All information and descriptions contained in advertising this sale are believed correct, but no responsibility is assumed by Auctioneer for any errors or omissions.
The highest bidder for each Lot shall be the Purchaser, and in the event of any dispute the Auctioneers shall have absolute discretion either to settle such dispute or to re-offer the lot for sale. Once an item has been declared sold to me, I cannot retract my bid and I will be required to carry through with the purchase. I agree that the Seller, any lien holder, or Auctioneer, either personally, through the Auctioneer, or through any other person, shall have the right to bid on behalf of the seller, or on their own behalf.
MacFadden & Sons Inc. will not be responsible for bids missed due to internet failure, or any other technical difficulty.
Purchases become my responsibility and I assume all risk of loss or damage immediately upon declaration of “SOLD” by the Auctioneer. It shall be my responsibility to insure my purchases immediately. The Auctioneer shall not be responsible for any loss or damage to any lot.
I agree that I will pay in full with cash or verified paid or certified funds within the time announced or posted at the auction site. If I pay by wire transfer, my purchase will be released to me upon confirmation of the wire transfer. If I pay by company or personal check, I understand that ownership transfers upon declaration of “SOLD” by the Auctioneer, but I will not be permitted to remove my purchase until the funds are verified paid or I have an approval in writing from the Auctioneer. Any check returned for insufficient funds shall incur a service fee of $100.00, as well as result in the breach of the terms of this contract for failure to make payment as required hereby, in which case Auctioneer shall have all rights and remedies provided herein.
For items requiring a Certificate of Title, a Certificate of Title will be transferred upon full payment. It shall be the responsibility of Buyer and the Seller (if goods are not owned by the Auctioneer) to arrange a mutually agreeable time and location in which to complete all required paperwork.
If for any reason Auctioneer is unable to deliver my purchase to me, or deliver such purchases free and clear of liens, I agree that Auctioneer may terminate the purchase agreement, in which case Auctioneer's only liability shall be the return of any monies actually paid by me.
All items must be removed within 30 days, or as otherwise posted at the auction site. All my purchases shall be removed from the auction site without damaging any property and within 30 days of the date of the sale or as otherwise posted at the auction site. All costs, responsibility and risk of such removal shall be borne by me and, in every case, I will use prudence and care in such removal. If for any reason I fail to remove any of my purchases within the time specified, the Auctioneer shall have the right but not the obligation, in its sole discretion, to resell, discard or remove and store said purchase at my sole risk and expense, without waving any rights that Auctioneer or Seller may have against me. I shall be liable for all storage charges and damages paid by the Auctioneer because of my failure to remove my purchases. Storage charges for any items not removed within 30 days of the sale shall be assessed by Auctioneer at a daily rate of $20.00 per day.
If I fail to complete the purchase of any item pursuant to these terms and conditions, any money deposited in part payment shall be first applied against Auctioneer's damages, including storage charges, before payment of the purchase price. All items not purchased will be resold by public or private sale without further notice, at my risk and expense. In that event, I will be held responsible for any deficit between my successful bid and the price for which the item is resold and charges arising from such resale. I agree to indemnify and hold Auctioneer harmless from all loss, cost, expense and other damage (including reasonable attorney's fees), directly or indirectly sustained by the Auctioneer or other Seller, arising from or related to my or my Agent's failure to comply with these terms of bidding and sale or other breach of the terms of this Agreement. I shall not be entitled to any portion of the amount received by Auctioneer in the event of a resale in which an item is sold for more than my successful bid.
The Auctioneer has described the Lots in the catalog to the best of their ability. The Auctioneer takes 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, hours, age, condition or quality of any Lot 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. The Auctioneer provides no guarantees or warranties (express or implied) in respect of the Equipment contained in the Lot. Auctioneer accepts no liability for any purchase made by a Buyer in reliance upon them.
The Buyer acknowledges he/she has read and agrees to be bound by the additional terms and conditions set forth.
