Contractor Business Liquidation Auction *Part Two* - Pittsburgh, PA
Preview: April 10th, 1:00 - 6:00 PM
Ends: April 13th, 6:00 PM
Removal: April 18th, 11:00 - 6:00 PM - April 19th, 11:00 - 6:00 PM - April 20th, 1:00 - 6:00 PM
Address:
15% Buyers Premium applies
Lic #AY 002064
| Lincoln Electric WeldanPower G8000 Welder - 1PH - Serial No. 10062-U1930704010 |
| Wacker Neuson BS50-4S Vibratory Trench Compactor - 4 Stroke - Serial No. 0620071 |
| Snap-On Classic 96 Rolling Tool Chest - 73 1/2" x 24" x 39" |
| MBW AP2000 Plate Compactor - Serial No. 565255 |
| Stanley HP-1 Compact Hydraulic Power Unit - 567 Hours - Vanguard 18HP V-Twin Engine |
| RGC HydraCore Mag Drill - Model 915001 - Serial No. 29113 - 115V Motor |
| Hilti Mag Drill w/ TF 5/H Pump |
| Hilti DD200 Diamond Core Drill - 120V |
| Milwaukee DymoDrill Core Drill - Model 4079 - Includes Mount |
| Hilti Portable Water Supply Unit for Coring - Model DWP10 |
| Black & Decker Core Drill - Model 758 |
| Milwaukee Dymodrill Core Drill - Model 4094 - 2-10” - 20amp - With 2 Stands |
| Handheld Wet/Dry Electric Core Drill - Steel Dragon Tools Model SDT-85D |
| Core Drill - Diamond Products Model CB748 - 2 Speed - 2”-14” - With M1 Core Bore Stand |
| Masonry Core Drill Bits - Large Assortment (over 50) of Varying Sizes and Applications |
| Aries Industries Saturn III Pipeline & Sewer Inspection System - See Photos |
| Envirosight Telescopic Sewer/ Pipeline Viewer w/ Sony Cassette Recorder |
| Aries Industries Saturn III Pipeline & Sewer Inspection System - See Photos |
| Sreco CRX10 Flexible Tracka |
| TerraSonic TR-3 Pipe Locator |
| Telespector Pipeline Inspection & Repair System |
| Festool CleanTEC HEPA Dust Extractor - Model CT 36 E - With 2 Boxes of HEPA Bags |
| Van Mark M1250 Mark I Series Aluminum Sliding Brake - 12'6" Long |
| Large Lot of Scaffolding - Contents of Container Only - See Photos |
| Contents of Trailer Including Large Lot of Scaffolding - See Photos |
| 45' Thermo King Refrigerated Trailer |
| Alum-A-Pole Aluminum Pro-Jack 24' Pump Jack Scaffold System |
| 8' x 2' Werner Scaffold Pick |
| 16' x 20" Werner Scaffold Pick |
| Two 30' x 2' Werner Scaffold Scaffold Picks |
| 20' x 20" Werner Scaffold Pick |
| 16' x 1' Werner Scaffold Pick |
| 30' x 1' Werner Scaffold Pick |
| Two 12' x 14" & 24' x 1' Werner Scaffold Picks |
| Two 12' x 14" & 20' x 1' Werner Scaffold Picks |
| 24' x 1' Werner Scaffold Picks |
| 24' Werner Extension Ladder |
| 28' Werner Extension Ladder |
| 24' Werner Extension Ladder (Safety Orange) |
| 16' Werner Extension Ladder (Turquoise) |
| 6' Ladder |
| 16' Ladder |
| Toolbox - Assorted Hand Tools - Bucket Teeth |
| Sawzaw Blade Assortment |
| Hitachi Coil Nailer |
| 18V Grease Gun |
| Pelican 1450 - Video Inspection System |
| Bolt Cutters- C Clamps - Crowbar |
| Rust Remover Spray - Loctite Foam |
| DeWalt Power Tools - Batteries - Charger |
| Dillo Dynometer |
| Craftsman Toolbox - Assorted Hand Tools |
| DeWalt Impact Drill DW292 - Hammer Drill |
| Electric Grease Gun Flex Zilla |
| Pipe Bender & Pipe Theader |
| Merril-Chinbro Heavy Duty Pipe Grab - Model C10 - For Steel Pipes w/ Outside Diameter 11.84" |
| PVC Heater 30in |
| Various Electric Power Tools |
| Frigidaire Ice Maker |
| Various Electric Power Tools |
| Pipe Clamp/Cutter - Rachet Wrench |
| Remington Gun Cleaner |
| Echo Power Runner Extention 99946400023 - Echo Hedge Clipper Extention |
| 2 - Bottle Jacks |
| Bosch Bulldog Drill s/n R087002665 |
| Bosch Electric Hammer Drill |
| Water Heater Safety Tank S33-S5 |
| DeWaled Circular Saw in Case |
| Porter Cable Electric 1/2" Drill |
| Milwaukee Drill Press |
| Pneumatic Nail Gun |
| Aerlang Massager |
| Hitachi Pneumatic Nail Guns |
| DeWalt Electric Sander |
| Ridgid Nail Gun - PNEU Nail Gun |
| Electric Sealant Cuttet |
| Hitting Hammer Drill |
| Electric DeWalt Planer |
| Milwaukee Drill Press |
| Black and Decker Industrial Macho V |
| Turnbuckle With Case |
| DeWalt Corded Reciprocal Saw - DeWalt Corded Circular Saw |
| 2 - Sledge Hammers- 1 - Double Bladed Axe |
| Assorted Tape |
| Pratzi Electric Beam Cutter |
| Pnuematic Winch |
| Bore Hole Bits |
| Bucket Of Grinding Wheels |
| Steel Air Tank - Carbon Monoxide Tank |
| Ratchet Straps - Cable Wire |
| Motor Oil Assortment |
| Welding Rods |
| 3 - Empty Tool Containers |
| 2 - Buckets vs Of Assorted Hand C Tools |
| DeWalt Corded Reciprocal Saw |
| Electric Jack Hammer |
| Pnuematic Nail Gun With Case |
| Napa Comercial Battery |
| Delta 4"Belt / 6" Disc Sander Model no. 31-460 Type 2 |
| 3 - Electric Jack Hammers |
| Echo CS-680 Gas Powered Chain Saw |
| 2 - Echo Gas Powered Chainsaws |
| Socket Set Incomplete & Extra Bits |
| Fein FMM250Q |
| Makita Cordless Air Pump DMP 180 with a Cordless Drill 6217 D and Battery Charger |
| 2 Electric Angle Grinders Metabo W 7-115 |
| 6 Piece Sunex Wrench Set in Bag |
| Kobalt Socket Set Missing a Few Pieces |
| Electric Arbortech Concrete Saw |
| Electric Dewalt Saz All mod no. DW 303 |
| 38 Piece Socket set with a Varity of Bolts |
| Vintage Fisher m- Scope TW -6 Pipe and Cable Locator |
| Stack-On Tele/Spector |
| Cardi Small Electric Jackhammer |
| Hilti Electric TE 76-ATC Jack Hammer Questionable if it Works |
| DeWalt Electric Angle Cut Off Saw |
| Hilti TE 92 Electric Large Drill |
| AGL Grade Light 2500 Utility Alignment Laser |
| Diamant Kernbohrmaschine Typ DK Hammer |
| Vintage Porter Cable Industrial Drill |
| DeWalt Electric Circular Saw model no. DW 384 |
| Pentax Edm Theodolite PX-06D/PX-10D/PX-20D |
| Milwaukee Drills no Batteries - Milwaukee Case With Various Bits |
| B/D Electric Concrete Drill With Bore Bit |
| Pneumatic Paslode Nail Gun |
| DeWalt Miter Saw |
| DeWalt & Metabo Electric Grinders |
| Husquravna Gas Powered Concrete Saw |
| Bosch 1365 Electric Concrete Saw |
| Bosch Hammer Drill |
| Bosch 11316EVS Hammer Drill - DeWalt DW474 Grinder |
| Leak Detector |
| Bosch 11228VSR Drill |
| Bosch Hammer Drill 11316EVS |
| DeWalt Drill - Battery's and Charger |
| Kobalt Socket Set |
| Milwaukee Electric Jigsaw |
| CST/berger Automatic Level |
| David White Automatic Level |
| Pipe Wrench 48" |
| DeWalt Electric Hammer Drill |
| Kobalt Sockets Set |
| Hilti TE55 Hammer Drill |
| Hilti TE92 Hammer Drill - Bosch 11240 Hammer Drill - Hilti TE605 |
| Hilti DX36M Rivit Gun |
| Bosch 1365 Cement Saw |
| Bosch Hammer Drill 11230EVS |
| Bucket of Various Plyers |
| Electric Drain Snake |
| Ridgid 4 Gallon Wet Dry Vac |
| Nikita Saw 17" |
| Hammers - Snips - Pipe Cuter |
| Ball Hitches |
| Duracast 8000 - Solder Gun |
| Redzaw 2 Stroke Chainsaw |
| Pump Sprayers |
| DeWalt Miter Saw |
| Black &Decker Hammer Drill - Bench Grinder |
| Pipe Threaders |
| Tape Measures - Chalk Line |
| Partner K 2500 Electric Concrete Saw |
| ICS 880F4 Hydraulic Saw |
| Concrete Tools With Carry Bag |
| Pnuematic Concrete Saw |
| Soil Pipe Cutters |
| Electric Floor Dryer |
| Work Shop Electric Fan |
| Electric Airless Paint Sprayer |
| Winch Needs Repairs |
| Industrial Rollers |
| Industrial Rollers |
| Industrial Rollers |
| Industrial Rollers |
| Industrial Rollers |
| Handtools Assortment |
| Handtools Assortment |
| DeWalt 18V Drill - Reciprocal Saw With Batteries- |
| Bosch SD-1 With Case |
| Assorted Handtools |
| Bosch Electric Hammer Drill In Milwaukee Case |
| Tow Hitch Assortment |
| 2 Vintage C Pap Machines |
| Porter Cable Self Leveling Laser Level RT-5250-1 |
| 6 Containers of Welding Rods 2 Boxes of Hobart,3 Lincoln Rods |
| Comercial Electric Halogen Work Light |
| Heavy Dutty Trailer Hitch Reciver |
| 6 Bits for Jack Hammers |
| Fully Adjustable Trailer Jacks |
| Heavy Duty Pipe Inspection System |
| US General Rolling Tool Cart - Assorted Drill Bits |
| 2 Buckets of Assorted Large Sockets and Regular |
| Toolbox - Handtools |
| CEL Vacuum Cup Dent Puller |
| Large Collection of 14" Abrasive Cutting Wheels 2 Boxes of United Abrassive, and 2 Boxes of Makita |
| Dye Kit - Steel Punches |
| A Milk Crate of Tools in Need of Repairs Circular Saw Angle Grinders |
| Dye Set - KOBOLT Socket Set |
| Large Socket Set |
| Color Coded Wire Station for Older Cars with 2 Boxes of O- Rings |
| Ball Bearing Tool Kit |
| X |
| Pnuematic Jack Hammer - Pnuematic Impact Gun |
| 2 - Socket Sets |
| Large Impact Sockets- ICON Torque Wrench |
| Sockets- Handtools- Flare Tool Kit |
| O Ring Assortment - Fastners- Electric Conectors |
| Buckets Of Miscellaneous Items |
| Approxametly 15 Large Box End Wrenches |
| 4 very Large Box Wrenches from2 1/8 up to 2 1/2" |
| A Catch All Bucket Of Odd Tools Ratches , Sockets |
| 3 Containers of Wrenches Assorted Name Brands |
| A Set of Open Ended Wrenches 5" Up to 19" |
| 60x22x24" Storahe Cupboard |
| Counter and Sink 64"W |
| 30" W Desk Contents Included |
| 5' Bumper Lights |
| Arrow with Lights 48" |
| Assorted Wood Saw Blades, Concrete from 12" up 18" |
| A Set of 6 Metal Cabinets 19" x19" x 38" |
| Approxametly 7 Box End Wrenches |
| 6 Craftsman Larger Box End Wrenches |
| 5 Pittsburgh Steel Off Set Wrenches Various Sizes |
| Storage Tool Chest Approx 70" W Contents Included |
| Propane Tanks - Heaters - Gas Lines |
| 28" Vice Must Bring Proper Tool To Remove |
| Steel Cabinet Contents Included- 5ft. L. X 4ft. H. 18in. D. |
| Steel Cabinet 5’L. X 4’H. 18”D. Contents Included |
| Craftsman Toolbox Top- Bottom- Tools Included |
| Roll Metal Cart 19"x17"x30" and all Contents on it P-Touch Electric Adding Machine Terminal Seti |
| MAC Tools Toolbox Too -Bottom- Tools Included |
| Larger Ridgid Vice Clamp 16"x18" mist bring proper Tools to Remove |
| Steel Wellding Welding Table Conttents on & Under Included - Vises Not Included- 47”L. X50” D. X 28” H. |
| Steel Cutting Rack - 4’ X 1.5” X 4’ |
| Ridgid 16 gal Shop Vac |
| Bobcat Hydraulic Fluid - Stucco Patch - White Paint |
| Cabinet Contents 70" H 5"W |
| Cabinet 38x29x56" Various Hardware and All Contents Included |
| Cerro Wire 2 Rolls 100ft Each - Romex Indoor Wire 250ft |
| Cabinet Contents 70" H 5"W |
| Cabinet Contents 70" H 5"W |
| Rake - Shovel - Pry Bars |
| Storage Containers 38x18x24" & 26x18x12" |
| Gas Cans - Fuel Storage |
| Will Barrel |
| Ridgid Shop Vacs 6 & 4 Gal |
| Electric Wires and Various Hoses |
| Various Car Parts and Attachments |
| Various Road Signs |
| 4" Level - Squares - Yard Stick |
| 60" Metal Troth |
| Metal Detectors |
| Dolly |
| 30" Refrigerator |
| Twin Cylinder Hand Truck - Tanks Not Included |
| Twin Cylinder Tank Cart - Tanks Not Included |
| Ariens Sno-Tek Snowblower - 28” |
| Hilti VC 150-6 XE Dust Extractor |
| Knaack Job Box - 5’ x 2’ x 2’ |
| Knaack Job Box - 5’ x 2’ x 2’ |
| Honda Push Mower - Model HRX 217 - Smart Drive Self Propelled - With Bagger |
| Banding Cart With Accessories |
| Robin EHO 35 Gas Powered Auger with 2 Auger Bits |
| Bosch Electric Jack Hammer - Cart Mounted - With 3 Different Bits |
| MaxxAir Portable Air Circulator - 30” |
| Power Cutter Dolly |
| Pittsburgh Air/Hydraulic Bottle Jack - 22 Ton |
| Floor Jack |
| Condux Mini-Cobra Duct Rodder |
| 1 1/2 Hogh Pressure Pump - Honda GX 16.0 Engine |
| Pallet Lot of Straps & Misc. |
| 2 x 2 MultiQuip Trash Pump - Wisconsin Robin Air Cooled Engine |
| 2 Partial and 1 Full Unopened Reel of Insulated Hose |
| 3 Animal Traps |
| Assorted Wheel Chalks and 3 Vevor Rubber Curb Ramps |
| DeWalt Abrasive Metal Chop Saw - Model DW871 |
| General Pipe Cleaners Easy Rooter Electric Drain Cleaning Machine |
| Hisky Air Scout Portable Air Compressor Unit - 2 SCFM @ 90 PSI |
| Cheetah Bead Seater |
| Hitachi 15” Miter Saw - Model C15 FB |
| Snap-On Pressure Blast System - Model YA 459 - 100lb Capacity - With Safety Helmet / Hood and Accessories |
| Wheel Barrow Loaded with Chain Binders |
| Electric Winch System |
| Stack of Plywood, Particle Board, and F oam Insulation Board - 4' x 8' |
| Extension Cords & Hose |
| Urinal & Fittings, QuickCrete, 2 Shovels |
| Gar-Bro Concrete Bucket |
| Fairborn Cement in Bags |
| Two 9' Sections of Pallet Racking |
| Shindaiwa Gas Backpack Blower - EB633RT |
| Metal Rack w/ Peg Boards & Plywood (8' x 4') |
| Vellamo Shower Base - 60" x 30" x 20 5/8" |
| 6' Louisville Ladder |
| 6' Werner Ladder |
| Two 4' Werner Ladders |
| Char-Broil Propane Grill |
| Creeper & Flat Dolly |
| Tubular U Shape Wall Mount - Scrap |
| Safety Netting |
| Various Pieces of Styrofoam & Plywood - Largest 5' x 7' |
| Assorted 2x4s (9'-10') - Scrap - Push Broom |
| 2 "Work Area" Road Signs & Stands |
| Warn Series 15 Winch |
| 3 Shelves of Assorted Belts, Grinding Wheels, Wire, Motor, Rope |
| Assorted Aluminum Truck Hub Caps |
| ComfortGlow Wall Mount Heater |
| C-Clamps & Bar Clamps |
| 20' Section of Metal Racking - Must Be Removed on Last Day of Pickup |
| 2 Hoist Pumps & Controls |
| Pile of Air Hose |
| MPC Cable Connectors |
| Assorted Bar Clamps - 16"-28" |
| Gates PC 707 Hydraulic Crimper Body w/ Dies |
| Tamper - Level - Water Shutoff Curb Key |
| Six 8' Standard Strip Lights |
| 4 Ridgid Pipe Wrenches |
| Lot of Wrenches, Pry Bars and Hammers |
| Lot of Assorted Adjustable Crescent Wrenches |
| Lot of Screwdrivers, Trowels, Hammers and other Assorted Tools |
| Kobalt Tool Set Including Standard and Metric Socket Sets, Wrenches, Allen Keys, Screwdrivers, Combo Wrenches, Etc. |
| Pair of Kobalt Socket/Wrench Sets |
| 2 Bins Full of Misc. Including Chalk Lines, Measuring Tapes, DeWalt Saw, Screws, Nails, Hilti Fastners |
| Construction Hand Tool Assortment |
| Construction Hand Tool Assortment |
| Adjustable Scaffolding |
| Pnuematic Jack Hammers |
| Spud Bars - Concrete Tampers |
| 4’Diameter Electric Fan |
| Pave - Tech Block Splitter |
| Air Scrubber Machine Includes Filters |
| Tank Assortment |
| Construction Tools - Miscellaneous Items |
| Concrete Finishing Tools |
| Concrete Finishing Tools |
| 40' Leeway Trailer |
| Vintage 4 Wheel Dolly 24" x59" c13" , 2 Pieces of Angle Iron a 8' Piece and 5' with 4 Other Pieces of Iron Rod |
| 4 Pieces of Ply Wood 4'x8', Numeres Pieces of Dry Wall 4'x8' and some 4'x12' some Partical Boards |
| 3 Metal and Wire Racks from 16"x 44" x 58" up to 16"x 42" x 66" |
| 5 Bank Vaults May Weight up 4000 lb's . 33"x41x72.5" |
| Adjustable Rolling Cart Metal66" x22" x a Possible 72" |
| A Possible 60 Pieces of Treated 2" x10" x 96" Planks for Concrete Construction. |
| Black Metal Locker 15" x13.5 x 48" |
| QPR 6690 Asphalt Melter/Applicator |
| Concrete Hand Tools Assortment |
| Rigid 1500A Drain Cleaner |
| KUSHLAN Concrete Mixer |
| 3 - Jackson Wheelbarrows |
| kingspan Green Guard Installation - 4 X 8 Sheets |
| TRU Abrasives Medium Coarse |
| Weatherhead Storage Bins Includes Contents |
| Plywood Sheets 4 X 8 Different Thicknesses |
| S PF Wood Planks 2" x6" x 12' Possibly 50 Pieces |
| Ridgid Wet Dry Vac 16 Gal. 6.25 HP |
| Can Be Used as a Wood or Glass Dolly 48" x 23" x 47" |
| Portable Power Hydraulic Machine |
| Steel Shelf 7’L. Includes Contents On & Around |
| Aluminum Scaffolding- Saftey Rails - Wood Planking |
| Vintage Wooden Cart Dolly 6’H. |
| 2 Black & Decker Heavy Duty Electric Drills with a No. 4 Vice |
| 2 - 48” Road Closed Signs |
| Mobile Ladder |
| Steel Mobile Brick Cart |
| Aluminum Dolly - Steel Dolly |
| Furniture Dolly 17" c 12" x 57" |
| 2 - Aluminum Dollies |
| Adjustable Aluminum Dolly - Small Steel Dolly |
| 2 Furniture Dollys |
| Vintage Air Blower IK ON System Model AME |
| PVC Pipe - Plumbing Parts - Assorted Sizes |
| Plastic Piping- PEX - Metal Stakes |
| Rubber/Plastic Plumbing Elbows Assorted Sizes |
| All PVC Piping Remaining in Trailer |
| 3 Rolls of 1" Copper Tubing along with 6 Copper Pipes |
| 4'x 8' Piece of Stainless Steel Diamond Sheet and a 2.5" x 3" x 8' Piece of Heavy Deck Shoring |
| Various Sizes and Lengths of Air Lines Numerous Extension Cords Pick axes and Shovels |
| A Plethora of Plastic Fencing |
| 2 Reel Craft Electric Reel Winders Plenty of Electrical Wire Industrial Rools of Plastic Sheeting 10'x 100' |
| Numerous Road Signs and Construction |
| Concrete Squgees |
| Concrete Push Brushes - Asphalt Rakes |
| Steel I Beams Tons Different Sizes |
| Concrete Tampers |
| Construction Shovels |
| Construction Brushes- Shovel - Dustpan |
| Sledge Hammers- Rake - Hoes |
| Goodyear Hose |
| Electric Crane/Winch With Controler |
| VANAIR Vintage Air Conditioner- Pallet Jack |
| Concrete Tubes - Insulation |
| 5 Metal Shelfs with Various Items an Older Com-Along Round 1/2 Inch Foam Insulation Chisels and a lot of Lifting or Tow Straps |
| Crown Vintage Pallet Jack |
| Hampton Bay Hanging Light Fixture |
| Portable Fuel Tank |
| 2 - Tractor Trailer Tarps 10’H. |
| 10 Steel File Cabinets |
| 32" x 29" Adjustable Height Steel Plate for Heavy Duty Scale |
| A Collection of Chain Binders |
| 4 Hi Jacks 2 Whole - 2 in Partial Condition |
| manual Pallet Jack Model SDJA 500 (1340mm x 810mm x 2000 mm |
| Pallet Jack |
| Many Chains Tow Chains 16' Long Over Head Hoists some In Partial Condition Eye Hooks |
| Steel Gang Box 4’L. X 3’H. Box Only |
| Clothing Rack Dolly From a Hotel and Furniture Dollys |
| Contents of Container |
| 2 Pallet Jacks |
| Rubbermaid Plastic Cart 4’L.Contents Included |
| Husky 2 Piece Tool Box 40.5"x 16" x 50" |
| Pittsburgh 800 lb. Transmission Jack |
| D-M-E Industrial Magnet |
| Steel Plate Clamps |
| Numerous Aluminum I Beams Various Sizes 4 Racks |
| Metal Cobinet Plus Contents on Wheels 72" x 24" x 67" |
| Block & Tackle - Chains - Hooks |
| Steel Pipe Rack 6’L. X 5’W. X6’H. Includes All PVC Pipe |
| Assorted Size Hoses & Hose Ends |
| Wooden Rolling Cabinet 8’L. X 4’H. X 12”D. |
| Metal Cabinet on Wheels each Half is 60" x 16" x 60" Multiple times 2 |
Please read and familiarize yourself with all of these terms and conditions, as you will be bidding strictly according to these terms and conditions (the terms and conditions may change from auction to auction).
**UPDATE
Dear Buyer,
As of 9/1/2021, Hostetter Auctioneers is implementing a new policy regarding removals.
If a request is made for Hostetter staff to transport items from the removal location back to our 7055 Big
Beaver Blvd. warehouse for pick up at a later date, there will NOW be a fee charged to your credit card
to retrieve your item(s). The fee is $20.00 per item, up to a maximum fee of $100.00 for 5 or more items.
Due to the excessive requests we’ve received to transport items, and the additional labor costs involved,
this new policy is necessary.
It is at the discretion of Hostetter Auctioneers to decide if we are available to transport items back to the
warehouse. Typically items larger than 2’x2’x2’ are not able to be transported. If your items are brought
to the warehouse, they must be picked up within 7 days of notification or the items are considered
abandoned.
Thank you,
Hostetter Auctioneers
ANY QUESTIONS - Call an auctioneer: Matt Hostetter: 724-462-5547
1)AUCTION SITE USER AGREEMENT - This is a legal agreement between you (the User or Buyer) and the Site Owner or Auction Company. You must be at least 18 years old to bid. Sherman Hostetter Group LLC DBA Hostetter Auctioneers (hereinafter referred to as Auction Company) at its sole discretion, may ban from further use any Buyer or Seller which Auction Company believes to have in any way misrepresented itself or any item, failed to abide by the terms and conditions, or conducted any improper auction behavior as determined solely by Auction Company. Any Seller who misrepresented their items and any Buyer who improperly fails to carry through with a purchase will be banned from any further use and may be subject to additional legal actions.
2)REGISTRATION - All Bidders are required to register for a bidder’s number to bid at our online auction. Bidders must register online providing the necessary registration information such as name, address, phone numbers, driver’s license, email address, credit card information and any other information requested for identification. The Bidder hereby acknowledges that he/she is of legal age and sound mind. By registering you are agreeing that you have read and fully understand the complete “Terms and Conditions of Auction”, and any additional terms and conditions announced or on the website, and agree to be bound thereby. All registered Bidders take full responsibility for their bidder’s number. Bidder numbers are nontransferable. All bids made by the holder of the number will be the responsibility of the registered Bidder. All sales are final. No refunds, reductions, returns, exchanges or charge backs! No Exceptions! The Auctioneers reserve the right to refuse any applicant for a bidding number or the privilege of bidding at any online or onsite auction and to revoke such privilege at any time.
3)ALL ITEMS SELL WITH RESERVE - All items in the online auction sell with reserve and subject to the Auction Company/Sellers acceptance and/or rejection of the high bid, regardless of whether stated “with reserve” or not stated “with reserve.”
4)BIDDING - Do not bid unless you agree to ALL of the terms and conditions posted herein. By bidding you are acknowledging agreement with all of the terms and conditions included herein and else where on our website. The highest Bidder shall be the Buyer and no Bidder shall retract their bid. A Buyer is deemed to have accepted an item or lot when they make their bid. A successful bid at auction constitutes a legally binding contract of sale. All sales are final. The Auctioneers reserve the right to reject any and all bids on items and lots not being sold at absolute auction. The acceptable bidding increments are established and controlled by the Auctioneer. The Auctioneers reserve the right to bid on behalf of the Seller/s.
5)JUMP BID - is a bidding strategy by which a bidder increases the bid by more than the next accepted bid (such as placing your bid at $150 when the next accepted bid is $125). This practice is used by some bidders to discourage others from bidding in hopes of acquiring an item at a lower price. There are many theories on the effectiveness of this practice and a bidder who wishes to apply it does so at their own discretion. The auction company will not lower the price of an item that has been won by a "jump bid” with no other competing bids.
6)BUYERS PREMIUM - A 15% Buyers Premium Applies on ALL purchases. A 15% Buyers Premium will be added to all purchases. A Buyers Premium is a predetermined percentage or flat fee added to the high bid price to achieve the contract sales price. The use of a Buyers Premium will not in any manner whatsoever constitute an agency relationship between the Auctioneers (their licensees, employees or agents), and the Buyer. The Auctioneers, licensees, employees and agents are agents for the Seller Only. The Buyers Premium has been a choice of the Seller/s. The Buyers Premium may vary depending on the auction. The Auction Company may change the Buyers Premium at any time to meet the needs of the Seller and/or to abide by the auction listing agreement. You may also call our office to find out the exact amount of the Buyers Premium for any auction. Any applicable taxes are calculated on both the Buyers Premium and the bid amount.
7)POSTED CLOSING TIMES - Posted closing times and displays of the Auction Companies current time are approximate. Auction Company reserves the right to close early or extend an auction at any time at its sole discretion. It is strongly recommended that bids be placed early to avoid losing out due to an ill-timed, last minute bid or technical difficulty. All times are based on the Eastern Standard Time Zone unless stated otherwise.
8)PAYMENT - Payment will be by CREDIT CARD ONLY. The credit card used for your registration (must be your credit card) and will be charged for your purchases after the close of the auction and prior to the removal date. If you would like to update or change your card on file, please call us at 724-847-1887. The Auction Company RESERVES THE RIGHT to charge your credit card if no payment is made by the stated removal date. Payment by other than credit card (cash or check) must be coordinated with and approved by the Auction Company prior to bidding in the online auction. All payment methods must be approved by the Auctioneers in their sole and absolute discretion prior to bidding. No post dated checks will be accepted and will be treated as non-payment. Buyer payment will include bid amount, buyers premium, appropriate taxes and any other fees or expenses due. Buyers understand that items and lots sold on this website are used and therefore have some level of damage and are by the very nature of being “used and/or pre-owned” are at some level of defective. Buyers agree to not “stop payment” or “charge back” any credit cards, debit cards and/or checks. No purchases may be removed from the auction site until said purchases are paid for in full. Once it is removed it is your sole ownership and responsibility. Auctioneers reserve the right to have all payments converted to valid cash before removal of any items or lots.
9)PAYMENT RESPONSIBILITY - The Bidder hereby further agrees that whether he/she shall be acting as a principal, an agent, an officer or director of a corporation or partnership, or otherwise in any capacity whatsoever, the Bidder and the Company he/she represents shall both be responsible for the payment of the purchase price, Buyers Premium, applicable taxes and any other fees or expenses with respect to any and all items and lots for which the Bidder shall be the successful Buyer in the online auction. And, if the Buyer shall tender a credit card or non-certified check in payment for the whole or any part of such purchase price, Buyers Premium, applicable taxes and any other fees or expenses, all items and lots sold in reliance on such credit card and check shall be subject to seizure by Auctioneers and/or their licensees, employees and agents at the sole cost and expense of the Bidder in the event that such credit card or check shall be dishonored upon presentation of payment, for insufficient funds, stop payment, cancelled, charged back, etc. In the event of non-payment, dishonored, insufficient funds, stop payment, cancelled, charge back, etc., for credit card or check for purchases as stated herein, the Auctioneers shall have a possessory lien on said unpaid purchases until such purchases are paid in full. In the event of any lawsuit or legal action taken in connection with or arising out of the terms herein, the Auctioneers shall be entitled to recover all costs, expenses and attorney fees incurred.
10)LATE PAYMENT - Any payment accepted late shall incur a twenty-five percent (25%) surcharge on the full amount of the invoice.
11)PURCHASE PRICE CALCULATION - Note that the purchase price is the sum of the bid price, the Buyers Premium, any Buyers Fee, expenses, and sales tax if applicable, etc. All payments must be in US Funds. Auction Company reserves the right to charge the total amount or any remaining balance of your purchase price on your credit card if the balance is not otherwise paid. We do not accept partial payments. Invoices must be paid in full prior to pick up.
12)AUTO EXTEND FEATURE - Please note when bidding, there is an auto-extend feature on this online auction system. The auto-extend feature time frame is set by the auction company. For this example the auto-extend feature is set at 2 minutes - If someone bids in the last 2 minutes immediately prior to the end of the auction on that item, the online auction system will automatically extend the bidding time for a 2 minute increment (and will continue to do so) until there is a 2 minute period (after the original closing time) where no one bids, then the auction on that item will close. This feature will leave the bidding open for any item that has received a bid within the last 2 minutes prior to close and from the last recorded bid time, even if the ending time has been reached. This feature has been added to eliminate sniping and to make the online bidding process more fair and to resemble a 'live' auction. Keep in mind that seconds are not recorded with bid entries. A bid recorded at 5:30 and 40 seconds will have a recorded bid time of 5:30. Bid & refresh immediately and often.
13)REMOVAL AND FAILURE TO REMOVE - All purchases must be removed from the auction site without damaging any property and within the posted time frame allotted. Removal is at the Buyer’s sole obligation, cost and risk, and only in a manner approved by the Auctioneers. All costs, responsibility and risk of such removal shall be borne by Buyer and, in every case; Buyer will use prudence and care in such removal. In the event the Buyer fails to pay the whole of the purchase price, fails to remove all purchased items and lots, or comply with any other condition herein contained or agreed to, the deposit shall be forfeited to the Auctioneer and the Auctioneer shall retain a possessory lien on all items or lots of the Buyer. The auction deposit and any payment made by the Buyer shall be retained by the Auctioneers for application against such deficiency. The Buyer agrees that the Auctioneer and/or Seller may retain all monies received pursuant to any such resale and apply that money toward any deficiency without further notice. The Auctioneers reserve the right to require proof of adequate insurance coverage from any Buyer of items or lots requiring dismantling, rigging, hot cutting, refrigerant certification, or any situation deemed necessary by the Auctioneers. Buyers agree to indemnify and save harmless both the Sellers and the Auctioneers and their licensees, employees and agents, against any and all damage caused by the acts of the Buyers and/or their agents, employees, etcetera, in connection with the dismantling, rigging, hot cutting, refrigerant removal, or any situation during the removal process of any item/s or lot/s. Buyers agree that any and all damages to the land or buildings, inside and outside, caused by them must be fixed, replaced or repaired to Auctioneer’s and/or Seller’s satisfaction, before they are permitted to leave with their purchases. If for any reason, the Buyers fail to remove any item or lot within the specified time, the item or lot will be deemed abandoned and the Auctioneer shall have the right but not the obligation, at their sole discretion to resell, discard or remove and store the items or lots at the Buyers’ sole risk and expense, without any notice to Buyer and without waiving any rights that Auction Company or Seller may have against Buyer. The Buyers understand that they will lose any right, title or interest the Buyers may have acquired and the item or lot shall revert and repossess to the Seller or Auctioneer without any further notice to the Buyers. In addition, Buyers will be liable for any rent incurred, labor, storage, hauling, dump fees, etc, and damage suffered by the Auctioneers because of the Buyers failure to remove any item or lot. It is the Buyer’s responsibility to secure all safety equipment to meet all applicable government safety standards in using or removing any items or lots purchased. Any fluids, spills, release into the environment, or any contamination whatsoever caused by the Buyer, their agents, employees, contractors, etc., during the auction or removal, are strictly and solely the Buyer’s expense and liability to correct, remove and clean up. The Buyer takes full responsibility for compliance with applicable environmental laws and exercise all reasonable care to ensure that there is no release to the environment of any hazardous materials, wastes or substances as defined in applicable Federal, State and Local Statues, Laws, Regulations, Rules or Ordinances. The Buyer hereby agrees to indemnify and hold harmless the Auctioneer and Seller from any and all damages, claims or liabilities from any and all injuries to persons or property of any type whatsoever caused by the Buyer, their agents, employees or contractors during the viewing and/or removal, as to the use or operation while inspecting the items or lots, and as to the use or operation surrounding the removal of purchased items or lots, and as to any environmental situations created by the Buyer. No purchases may be removed from the auction site until said purchases are paid for in full. Buyers will work in unison with other Buyers to ensure an orderly, safe removal process.
14)REMOVAL EXTENSION - On a case by case basis and at the Seller’s or Auctioneer’s discretion, the Seller or Auctioneer may grant a Buyer a removal extension with a non-refundable (per day) extension fee as set by the Seller or Auctioneer. Full payment of the extension fee must be made at least twenty-four (24) hours prior to the start of the extension.
15)NON-DELIVERY (BILL OF SALE – TRANSFER OF OWNERSHIP OR TITLE) - The Auctioneer and Seller shall in no event be liable to the Buyer for non-delivery (bill of sale – transfer of ownership or title) of any items or lots for any reason whatsoever except for the return to the Buyer of the deposit or other sums paid for such non-delivered items. This non-delivery period extends from the fall of the hammer until the time allotted for the removal process concludes. In no event will the Auctioneer’s or Seller’s liability to the Bidder exceed the amount actually paid by the Buyer. The Buyer hereby acknowledges and agrees that the Auctioneer and Seller shall not be liable for special, consequential or incidental damages. The Buyers shall have no further claim or recourse against Sellers, Auctioneers, licensees, employees and agents. Delivery in this section refers to the transfer of ownership and not the physical delivery of an item or lot to the Buyer or their address. Buyer understands that title transfers are between the Seller and the Buyer and are specifically not a responsibility or liability of the Auctioneer and or Auction Company.
16)NON-DELIVERY OF ITEM/S OR LOT/S - In the event any item/s or lot/s are not available for Buyer removal (for any reason), the Buyer will be reimbursed any monies paid on those item/s and/or lot/s only, and the balance of the purchases must be paid for in-full and removed in the proper time frame. The lack of delivery on any part of the Buyer’s purchase does not nullify the remainder of the purchase. Buyer will proceed in accordance with all terms and conditions posted herein, including any addendum/s and/or attachment/s made to these terms and conditions. In no event will the Auctioneer’s or Seller’s liability to the Bidder exceed the amount actually paid by the Buyer. The Buyer hereby acknowledges and agrees that the Auctioneer and Seller shall not be liable for special, consequential or incidental damages. The Buyers shall have no further claim or recourse against Sellers, Auctioneers, licensees, employees and agents including charge backs, stop payment, cancellation, etc. Delivery in this section refers to the transfer of ownership and the physical delivery of an item or lot to the Buyer.
17)ADDITIONS OR WITHDRAWALS - The Auctioneers reserve the right before, during and/or after the auction, to withdraw from the auction any of the items or lots listed or to sell at this auction items or lots not previously listed. Auctioneers also reserve the right to group and regroup items and lots, or separate items and lots, or parts of a lot as deemed necessary by the Auctioneers. The Auctioneers reserve the right to sell all of the items and lots listed in bulk or to sell any and all items or lots prior to the auction. All items and lots are subject to prior sale, cancellation and sold “with reserve.” Auctioneer and Seller reserve the right to augment the auction with items from additional Sellers. These items and lots may be interspersed and not specifically identified throughout the auction.
18)SALES TAX (if applicable) - All applicable sales tax, according to the governing tax laws in the state where the auction is being held, will be added to the purchase price on all taxable items or lots unless the Buyer files a properly completed tax exempt form with our auction office prior to the auction. All bidders will be subject to the sales tax unless you provide our office with the documentation we require for exemption including (all out-of-state Buyers and out-of-country Buyers must pay sales tax on all items including titled items), unless stated otherwise in the auction terms. There is no elimination of or credit back of taxes once the auction closes and settles. The sales tax is calculated on the total purchase price including the buyer’s premium and any applicable fees and/or expenses.
19)TITLES - Title and Vehicle transfers will be delivered to the Buyer upon full payment and within legal guidelines. A mutually agreeable time and location will be set by Sellers and Buyers to complete notary work at a licensed Notary and the Buyer will pay the applicable taxes and fees. The Buyer and Seller understand that the Auctioneer and Auction Company are not notaries nor involved in the transfer process. No responsibility or liability is assumed by the Auctioneers and Auction Company for the transfer. Titles will be transferred within 30 days of the close of the auction unless an extension is warranted.
20)VIEWING - The Buyers are afforded a time specific stated opportunity (or viewing by appointment) to inspect the items and lots prior to final close of the online bidding for the auction. The Buyers are relying solely on their investigations and inspections, and not any representations made by the Sellers, Auctioneers, their licensees, employees and agents or descriptions posted online. The Buyers hereby waive any and all further inspections. The Buyers fully agree and understand that they are purchasing each and every item and lot in an “As-Is”-“Where-Is” condition, with all its goodness and faults. The Sellers, Auctioneers, their licensees, employees and agents, make no representations, guarantees or warranties of any kind, either expressed or implied, statutory or otherwise of any nature whatsoever.
21)PERSONAL AND PROPERTY RISK - Persons attending during viewing and/or removal of items and lots, assume all risks of damage of or loss to person and property and specifically assume all risks by reason of any defect in or condition of the premises on which the viewing and/or removal is held. Auctioneers, licensees, employees, agents and/or Sellers are not responsible for accidents or theft, personal or physical, on the premises or in coming or going, to and from the viewing and/or removal. All persons in attendance during viewing and/or removal shall exercise proper precautions at all times for the protection of persons and property and shall comply with all safety and health requirements as directed by the Auctioneers, and federal, state and local regulations. Buyer specifically releases Auctioneers, licensees, employees and agents from any and all liability thereof.
22)AS IS – WHERE IS – (Attend the Preview!) All items and lots are sold on an “AS-IS”, “WHERE IS” and “WITH ALL FAULTS” basis “WITHOUT EXCEPTION” with no warranty of any type expressed or implied as to the merchantability or fitness for any particular purpose of any goods offered in this sale. Buyers understand that items and lots sold on this website are used and therefore have some level of wear and/or damage and are by the very nature of being “used and/or pre-owned and/or aged” are at some level of defective. Buyers agree to not “stop payment,” “cancel” or “charge back,” etc., any credit cards, debit cards and/or checks. The Auctioneer and Seller expressly and specifically disclaim, without limitation, any warranty of merchantability or fitness for a particular purpose. Removal is at the Buyer’s sole obligation, risk and expense. No sale will be invalidated by reason of any defect or inaccuracy in any of the items or lots by reason of their being incorrectly described orally or written, invoiced or cataloged, and no liability will be borne by the Auctioneers, licensees, employees and agents in respect to any such faults or errors. All marketing and information has been prepared only as a guide and is not offered as completely accurate, nor does it give the Buyers all of the information on the item or lot. Except as herein contained, there shall be no guarantees or warranties, expressed or implied, statutory or otherwise of any nature whatsoever. The Buyers will accept the items or lots in spite of any defects or conditions, known or unknown, visible or not visible, and therefore Buyers do by these presents remise, release, acquit, quit claim and forever discharge the Sellers, Auctioneers, licensees, employees and agents from any and all claims now and in the future. The Buyers should avail themselves the opportunity to inspect all items and lots during the inspection period. Again all Buyers are strongly urged to physically inspect the item during the inspection period. All sales are final. No bids can be withdrawn during or after the auction for any reason. Buyer understands that these terms as well as all other terms and conditions can only be amended or revised in writing and signed by the Auctioneer. Buyer also agrees that any oral, written or electronic representation made by the Auctioneer shall not modify these 'AS IS - WHERE IS' terms. Buyer understands that any description given in the catalog or written on the equipment is not guaranteed, and Buyer will rely entirely on their own inspection and/or investigations. All information and descriptions contained in advertising this sale are believed correct, but no responsibility is assumed by Auction Company or Seller for any errors or omissions.
23)DISPUTES - In the event that you have a dispute with one or more users, you release Auctioneers/Provider (and our officers, directors, licensees, agents, subsidiaries, employees, and parent companies) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If any dispute arises as to any bidding between two or more Bidders, or as to the Seller, or as to an item or lot, etcetera, the Auctioneers at their sole discretion, may immediately put the disputed item or lot online again for auction or declare the Buyer by decision. The actions and decisions of the Auctioneer shall be binding, final and absolute. Should a dispute arise after the auction, the Auctioneers sales/electronic record will be deemed as final and absolute. In no instance will a dispute be recognized once the item or lot has been removed from the premises.
24)CLAIMS - No claims or returns will be allowed after the items or lots have been removed from the premises. No claim will be allowed for adjustments or rescission of any sales based upon the failure of the item or lot to correspond with any standard and/or expectation of the Buyer. Buyer agrees to not charge back, cancel, stop payment, etc., any credit cards, debit cards and/or checks.
25)POOLING - Pooling or bid rigging is fraud and a serious Federal Offense. The Auctioneers reserve the right to pull the item/s or lot/s from the auction or void any sale at auction or bid on behalf of the Seller/s, when the Auctioneers detect or suspect pooling by two or more Bidders. Pooling will be prosecuted to the fullest extent of the law.
26)ITEM/LOT RESPONSIBILITY - Items and lots become the complete and sole responsibility of the Buyers for the care, custody and protection immediately upon the online auction system closing the bidding or in a customary manner changes ownership. It shall be the responsibility of the Buyers to insure their purchases immediately. The Auctioneers, licensees, employees and agents assume no responsibility for any missing or damaged items or lots and are specifically not acting as the Buyer’s security agent or a police officer.
27)THEFT - Theft is a serious concern to all of us, if discovered, the individuals involved will be prosecuted to the fullest extent of the law. The Auctioneer reserves the right to inspect all vehicles, tool boxes, etc. Instances of theft will result in immediate termination of future bidding and current removal privileges and prosecution.
28) FORUM SELCTION AND APPLICABLE LAW - The parties agree that any litigation or dispute concerning enforcement of this contract or arising out of this online auction shall be brought in the State of Pennsylvania, the jurisdiction shall be in the County of Beaver and that Pennsylvania law shall govern, irrespective of the location, county or state where the auction was held. The prevailing party shall be entitled to an award of court costs and attorney fees incurred.
29)INFORMATION - This site and the information, content, and materials on this site are provided on an “AS IS” “Where Is,” and “Where Available” basis. Auctioneer/Provider makes no representations or warranties of any kind, express or implied, as to the operation of the site, the content, information, or the materials on this site. To the fullest extent permissible under applicable law, provider expressly disclaims all warranties, expressed or implied of any kind, with respect to any of the materials, content, or information on this site or any goods or other products or services offered, sold, or displayed on this site or your use of this site generally, including warranties of merchantability, accuracy of information, quality, title, fitness for a particular purpose, and non-infringement. Buyers understand that items and lots sold on this website are used and therefore have some level of wear and/or damage and are by the very nature of being “used and/or pre-owned and/or aged” therefore are at some level of defective. Buyers agree to not “stop payment” or “charge back” any credit cards, debit cards and/or checks.
30) INFORMATION DESCREPENCIES - While quantities and descriptions are believed to be correct, there are no warranties or guarantees, expressed or implied, and the Auctioneers, licensees, employees and agents will not be held responsible for advertising discrepancies, inaccuracies or failure of the merchandise to correspond with any standard and/or expectation. No item or lot shall be sold or deemed to be sold by description. A Buyer shall not be entitled to rely on any representations made either in writing or orally, by or on behalf of, the Sellers, Auctioneers, licensees, employees and agents. The description, measurements, dimensions, serial and machine numbers, year, model, quantities, weights, value, quality, capability, usability, function, performance, condition, salability or other particulars set out in the newspaper ads, auction brochures, catalogs, and/or invoices are believed to be accurate, but such information is given by way of identification only and no warranty, condition or guarantee is given or is to be implied as to the accuracy of such descriptions, measurements, dimensions, serial and machine numbers, year, model, quantities, weights, value, quality, capability, usability, function, performance, condition, salability or other particulars, or the genuineness or authenticity of any item or lot, and neither Sellers nor Auctioneers, licensees, employees and agents, will be responsible for any damage or loss, consequential or otherwise, arising as a result of any inaccuracy in respect thereof. Announcements and postings shall take precedence over any advertising or pre-auction material, written, oral and/or electronic. Buyers understand that items and lots sold on this website are used and therefore have some level of wear and/or damage and are by the very nature of being “used and/or pre-owned and/or aged” therefore are at some level of defective. Buyers agree to not “stop payment” or “cancel” or “charge back” any credit cards, debit cards and/or checks.
32)DISCLAIMER OF WARRANTY AND RELEASE - You expressly agree that the use of this Website is at your sole risk, responsibility and obligation. Neither the Auction Company, its affiliates, nor any of their officers, directors, licensees, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this Site will be uninterrupted, error-free or virus-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Site.
33)ERRORS, OMMISSIONS, ETC - The Site may contain errors, omissions, inaccuracies, or outdated information. Further, Auctioneer/Provider does not warrant reliability of any statement or other information displayed or distributed through the Site. Auctioneer/Provider reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site. Auctioneer/Provider may make any other changes to this Site at any time without notice. Auctioneer/Provider makes reasonable commercial efforts to make the Site available at all times, however, Auctioneer/Provider is not responsible for any service interruptions, including, but not limited to, interruptions that may affect aspects of the sale of equipment and/or virus’s.
34)INDEMNITY CLAUSE - Buyer/s agree to indemnify and save harmless Auctioneers and their employees, licensees, agents, successors or assigns, against any and all claims, injury, loss, liabilities, lawsuits, damages, demands, action or cause of action whatsoever in any manner arising from this auction or privately negotiated sale; including costs, expenses, or compensation whatsoever, direct or indirect, known or unknown, foreseen or unforeseen, which the Bidder now has or which may arise in the future on the account of or in any way growing out of or connected with any defects, latent or otherwise, or the physical condition of any items or lots purchased or any law or regulation applicable thereto. The indemnity clause applies to the auction and/or a privately negotiated sale, before, during and after, the auction or the privately negotiated sale, and shall survive settlement or lack thereof. Auctioneers are not responsible for accidents. Buyers must insure their own liabilities, interests, etcetera in all real estate and/or personal property. The Buyer/s also agree to indemnify and save harmless Auctioneers and their employees, licensees, agents, successors or assigns, against any and all claims, injury, loss, liabilities, lawsuits, damages, demands, action or cause of action whatsoever in any manner, etcetera, pertaining to hazardous materials, substances, sites and/or conditions, (known or unknown), and are strictly and solely the Seller’s ownership, responsibility and liability.
35)LIMITATION OF LIABILITIES - You agree that the Auctioneer/Provider and its providers shall not be liable for any damage, loss, or expense of any kind arising out of or resulting from your possession or use of the materials, content, or information on this site (Auctioneers or Provider) or from your purchase or sale of goods through this site regardless of whether such liability is based in tort, contract, or otherwise. In no event, including without limitation, a negligent act, shall Auctioneer/Provider or any of its providers be liable to you for any direct, indirect, special, incidental, consequential, or punitive damages (including, without limitation, loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business, virus’s, etc.), arising out of or in any way related to the materials, content, or information on this site or any other products, services, or information offered, sold, or displayed on this site, your use of, or inability to use this site generally, or otherwise in connection with this agreement, regardless of whether Auctioneer/Provider or any of its providers have been advised of the possibility of such damages.
36)RECORDS - The records (written, audio, video, digital, computer generated and etc.) of the auction kept by the Auctioneers, Providers, bookkeepers and employees will be taken as final in the event of any disputes or claims.
37)AGENCY - The Auctioneers, licensees, employees and agents are acting as an agent for the “Seller Only” and are not responsible for acts of its principals, nor liability for damages, accidents or theft.
38)BINDING - It is agreed that the Bidder shall be bound by these terms and conditions, and if there is more than one bidder, the obligations imposed by these terms and conditions, shall be joint and several. If any term or condition is determined by a court to be unenforceable, the remainder of the terms and conditions shall not be affected. All terms and conditions shall survive settlement or lack thereof.
39)ABSENTEE BIDS & PROCEDURE - All absentee bids are handled by the online auction system of bidding. Buyer understands that all terms and conditions posted herein including addendums and attachments, apply to absentee bids as well. Because of the random nature of the auction bidding process, it is possible for the high bid to be by another Bidder, at the same amount that was left by the Absentee Bidder, therefore, it is agreed by the Absentee Bidder that neither the Sellers, Auctioneers, licensees, employees nor representatives, including the online auction service provider assume any liability or responsibility of any kind whatsoever for failure to execute bids for or on behalf of the Absentee Bidder for any reason whatsoever.
40)CREDIT CARD DISCLAIMER - Registrant/Bidder/Buyer understands that the Auction Company assumes no liability for security of credit card numbers on Auctioneers site, emails, etc., including the auction system Provider’s site.
Thank you for Thinking Auction and Choosing Hostetter Auctioneers!
Sherman Hostetter Group LLC
Hostetter Auctioneers
7055 Big Beaver Blvd.
Beaver Falls, PA 15010
Office: 724-847-1887
Email: [email protected]
Website: www.HostetterAuctioneers.com
**UPDATE
Dear Buyer,
As of 9/1/2021, Hostetter Auctioneers is implementing a new policy regarding removals.
If a request is made for Hostetter staff to transport items from the removal location back to our 7055 Big
Beaver Blvd. warehouse for pick up at a later date, there will NOW be a fee charged to your credit card
to retrieve your item(s). The fee is $20.00 per item, up to a maximum fee of $100.00 for 5 or more items.
Due to the excessive requests we’ve received to transport items, and the additional labor costs involved,
this new policy is necessary.
It is at the discretion of Hostetter Auctioneers to decide if we are available to transport items back to the
warehouse. Typically items larger than 2’x2’x2’ are not able to be transported. If your items are brought
to the warehouse, they must be picked up within 7 days of notification or the items are considered
abandoned.
Thank you,
Hostetter Auctioneers
ANY QUESTIONS - Call an auctioneer: Matt Hostetter: 724-462-5547
1)AUCTION SITE USER AGREEMENT - This is a legal agreement between you (the User or Buyer) and the Site Owner or Auction Company. You must be at least 18 years old to bid. Sherman Hostetter Group LLC DBA Hostetter Auctioneers (hereinafter referred to as Auction Company) at its sole discretion, may ban from further use any Buyer or Seller which Auction Company believes to have in any way misrepresented itself or any item, failed to abide by the terms and conditions, or conducted any improper auction behavior as determined solely by Auction Company. Any Seller who misrepresented their items and any Buyer who improperly fails to carry through with a purchase will be banned from any further use and may be subject to additional legal actions.
2)REGISTRATION - All Bidders are required to register for a bidder’s number to bid at our online auction. Bidders must register online providing the necessary registration information such as name, address, phone numbers, driver’s license, email address, credit card information and any other information requested for identification. The Bidder hereby acknowledges that he/she is of legal age and sound mind. By registering you are agreeing that you have read and fully understand the complete “Terms and Conditions of Auction”, and any additional terms and conditions announced or on the website, and agree to be bound thereby. All registered Bidders take full responsibility for their bidder’s number. Bidder numbers are nontransferable. All bids made by the holder of the number will be the responsibility of the registered Bidder. All sales are final. No refunds, reductions, returns, exchanges or charge backs! No Exceptions! The Auctioneers reserve the right to refuse any applicant for a bidding number or the privilege of bidding at any online or onsite auction and to revoke such privilege at any time.
3)ALL ITEMS SELL WITH RESERVE - All items in the online auction sell with reserve and subject to the Auction Company/Sellers acceptance and/or rejection of the high bid, regardless of whether stated “with reserve” or not stated “with reserve.”
4)BIDDING - Do not bid unless you agree to ALL of the terms and conditions posted herein. By bidding you are acknowledging agreement with all of the terms and conditions included herein and else where on our website. The highest Bidder shall be the Buyer and no Bidder shall retract their bid. A Buyer is deemed to have accepted an item or lot when they make their bid. A successful bid at auction constitutes a legally binding contract of sale. All sales are final. The Auctioneers reserve the right to reject any and all bids on items and lots not being sold at absolute auction. The acceptable bidding increments are established and controlled by the Auctioneer. The Auctioneers reserve the right to bid on behalf of the Seller/s.
5)JUMP BID - is a bidding strategy by which a bidder increases the bid by more than the next accepted bid (such as placing your bid at $150 when the next accepted bid is $125). This practice is used by some bidders to discourage others from bidding in hopes of acquiring an item at a lower price. There are many theories on the effectiveness of this practice and a bidder who wishes to apply it does so at their own discretion. The auction company will not lower the price of an item that has been won by a "jump bid” with no other competing bids.
6)BUYERS PREMIUM - A 15% Buyers Premium Applies on ALL purchases. A 15% Buyers Premium will be added to all purchases. A Buyers Premium is a predetermined percentage or flat fee added to the high bid price to achieve the contract sales price. The use of a Buyers Premium will not in any manner whatsoever constitute an agency relationship between the Auctioneers (their licensees, employees or agents), and the Buyer. The Auctioneers, licensees, employees and agents are agents for the Seller Only. The Buyers Premium has been a choice of the Seller/s. The Buyers Premium may vary depending on the auction. The Auction Company may change the Buyers Premium at any time to meet the needs of the Seller and/or to abide by the auction listing agreement. You may also call our office to find out the exact amount of the Buyers Premium for any auction. Any applicable taxes are calculated on both the Buyers Premium and the bid amount.
7)POSTED CLOSING TIMES - Posted closing times and displays of the Auction Companies current time are approximate. Auction Company reserves the right to close early or extend an auction at any time at its sole discretion. It is strongly recommended that bids be placed early to avoid losing out due to an ill-timed, last minute bid or technical difficulty. All times are based on the Eastern Standard Time Zone unless stated otherwise.
8)PAYMENT - Payment will be by CREDIT CARD ONLY. The credit card used for your registration (must be your credit card) and will be charged for your purchases after the close of the auction and prior to the removal date. If you would like to update or change your card on file, please call us at 724-847-1887. The Auction Company RESERVES THE RIGHT to charge your credit card if no payment is made by the stated removal date. Payment by other than credit card (cash or check) must be coordinated with and approved by the Auction Company prior to bidding in the online auction. All payment methods must be approved by the Auctioneers in their sole and absolute discretion prior to bidding. No post dated checks will be accepted and will be treated as non-payment. Buyer payment will include bid amount, buyers premium, appropriate taxes and any other fees or expenses due. Buyers understand that items and lots sold on this website are used and therefore have some level of damage and are by the very nature of being “used and/or pre-owned” are at some level of defective. Buyers agree to not “stop payment” or “charge back” any credit cards, debit cards and/or checks. No purchases may be removed from the auction site until said purchases are paid for in full. Once it is removed it is your sole ownership and responsibility. Auctioneers reserve the right to have all payments converted to valid cash before removal of any items or lots.
9)PAYMENT RESPONSIBILITY - The Bidder hereby further agrees that whether he/she shall be acting as a principal, an agent, an officer or director of a corporation or partnership, or otherwise in any capacity whatsoever, the Bidder and the Company he/she represents shall both be responsible for the payment of the purchase price, Buyers Premium, applicable taxes and any other fees or expenses with respect to any and all items and lots for which the Bidder shall be the successful Buyer in the online auction. And, if the Buyer shall tender a credit card or non-certified check in payment for the whole or any part of such purchase price, Buyers Premium, applicable taxes and any other fees or expenses, all items and lots sold in reliance on such credit card and check shall be subject to seizure by Auctioneers and/or their licensees, employees and agents at the sole cost and expense of the Bidder in the event that such credit card or check shall be dishonored upon presentation of payment, for insufficient funds, stop payment, cancelled, charged back, etc. In the event of non-payment, dishonored, insufficient funds, stop payment, cancelled, charge back, etc., for credit card or check for purchases as stated herein, the Auctioneers shall have a possessory lien on said unpaid purchases until such purchases are paid in full. In the event of any lawsuit or legal action taken in connection with or arising out of the terms herein, the Auctioneers shall be entitled to recover all costs, expenses and attorney fees incurred.
10)LATE PAYMENT - Any payment accepted late shall incur a twenty-five percent (25%) surcharge on the full amount of the invoice.
11)PURCHASE PRICE CALCULATION - Note that the purchase price is the sum of the bid price, the Buyers Premium, any Buyers Fee, expenses, and sales tax if applicable, etc. All payments must be in US Funds. Auction Company reserves the right to charge the total amount or any remaining balance of your purchase price on your credit card if the balance is not otherwise paid. We do not accept partial payments. Invoices must be paid in full prior to pick up.
12)AUTO EXTEND FEATURE - Please note when bidding, there is an auto-extend feature on this online auction system. The auto-extend feature time frame is set by the auction company. For this example the auto-extend feature is set at 2 minutes - If someone bids in the last 2 minutes immediately prior to the end of the auction on that item, the online auction system will automatically extend the bidding time for a 2 minute increment (and will continue to do so) until there is a 2 minute period (after the original closing time) where no one bids, then the auction on that item will close. This feature will leave the bidding open for any item that has received a bid within the last 2 minutes prior to close and from the last recorded bid time, even if the ending time has been reached. This feature has been added to eliminate sniping and to make the online bidding process more fair and to resemble a 'live' auction. Keep in mind that seconds are not recorded with bid entries. A bid recorded at 5:30 and 40 seconds will have a recorded bid time of 5:30. Bid & refresh immediately and often.
13)REMOVAL AND FAILURE TO REMOVE - All purchases must be removed from the auction site without damaging any property and within the posted time frame allotted. Removal is at the Buyer’s sole obligation, cost and risk, and only in a manner approved by the Auctioneers. All costs, responsibility and risk of such removal shall be borne by Buyer and, in every case; Buyer will use prudence and care in such removal. In the event the Buyer fails to pay the whole of the purchase price, fails to remove all purchased items and lots, or comply with any other condition herein contained or agreed to, the deposit shall be forfeited to the Auctioneer and the Auctioneer shall retain a possessory lien on all items or lots of the Buyer. The auction deposit and any payment made by the Buyer shall be retained by the Auctioneers for application against such deficiency. The Buyer agrees that the Auctioneer and/or Seller may retain all monies received pursuant to any such resale and apply that money toward any deficiency without further notice. The Auctioneers reserve the right to require proof of adequate insurance coverage from any Buyer of items or lots requiring dismantling, rigging, hot cutting, refrigerant certification, or any situation deemed necessary by the Auctioneers. Buyers agree to indemnify and save harmless both the Sellers and the Auctioneers and their licensees, employees and agents, against any and all damage caused by the acts of the Buyers and/or their agents, employees, etcetera, in connection with the dismantling, rigging, hot cutting, refrigerant removal, or any situation during the removal process of any item/s or lot/s. Buyers agree that any and all damages to the land or buildings, inside and outside, caused by them must be fixed, replaced or repaired to Auctioneer’s and/or Seller’s satisfaction, before they are permitted to leave with their purchases. If for any reason, the Buyers fail to remove any item or lot within the specified time, the item or lot will be deemed abandoned and the Auctioneer shall have the right but not the obligation, at their sole discretion to resell, discard or remove and store the items or lots at the Buyers’ sole risk and expense, without any notice to Buyer and without waiving any rights that Auction Company or Seller may have against Buyer. The Buyers understand that they will lose any right, title or interest the Buyers may have acquired and the item or lot shall revert and repossess to the Seller or Auctioneer without any further notice to the Buyers. In addition, Buyers will be liable for any rent incurred, labor, storage, hauling, dump fees, etc, and damage suffered by the Auctioneers because of the Buyers failure to remove any item or lot. It is the Buyer’s responsibility to secure all safety equipment to meet all applicable government safety standards in using or removing any items or lots purchased. Any fluids, spills, release into the environment, or any contamination whatsoever caused by the Buyer, their agents, employees, contractors, etc., during the auction or removal, are strictly and solely the Buyer’s expense and liability to correct, remove and clean up. The Buyer takes full responsibility for compliance with applicable environmental laws and exercise all reasonable care to ensure that there is no release to the environment of any hazardous materials, wastes or substances as defined in applicable Federal, State and Local Statues, Laws, Regulations, Rules or Ordinances. The Buyer hereby agrees to indemnify and hold harmless the Auctioneer and Seller from any and all damages, claims or liabilities from any and all injuries to persons or property of any type whatsoever caused by the Buyer, their agents, employees or contractors during the viewing and/or removal, as to the use or operation while inspecting the items or lots, and as to the use or operation surrounding the removal of purchased items or lots, and as to any environmental situations created by the Buyer. No purchases may be removed from the auction site until said purchases are paid for in full. Buyers will work in unison with other Buyers to ensure an orderly, safe removal process.
14)REMOVAL EXTENSION - On a case by case basis and at the Seller’s or Auctioneer’s discretion, the Seller or Auctioneer may grant a Buyer a removal extension with a non-refundable (per day) extension fee as set by the Seller or Auctioneer. Full payment of the extension fee must be made at least twenty-four (24) hours prior to the start of the extension.
15)NON-DELIVERY (BILL OF SALE – TRANSFER OF OWNERSHIP OR TITLE) - The Auctioneer and Seller shall in no event be liable to the Buyer for non-delivery (bill of sale – transfer of ownership or title) of any items or lots for any reason whatsoever except for the return to the Buyer of the deposit or other sums paid for such non-delivered items. This non-delivery period extends from the fall of the hammer until the time allotted for the removal process concludes. In no event will the Auctioneer’s or Seller’s liability to the Bidder exceed the amount actually paid by the Buyer. The Buyer hereby acknowledges and agrees that the Auctioneer and Seller shall not be liable for special, consequential or incidental damages. The Buyers shall have no further claim or recourse against Sellers, Auctioneers, licensees, employees and agents. Delivery in this section refers to the transfer of ownership and not the physical delivery of an item or lot to the Buyer or their address. Buyer understands that title transfers are between the Seller and the Buyer and are specifically not a responsibility or liability of the Auctioneer and or Auction Company.
16)NON-DELIVERY OF ITEM/S OR LOT/S - In the event any item/s or lot/s are not available for Buyer removal (for any reason), the Buyer will be reimbursed any monies paid on those item/s and/or lot/s only, and the balance of the purchases must be paid for in-full and removed in the proper time frame. The lack of delivery on any part of the Buyer’s purchase does not nullify the remainder of the purchase. Buyer will proceed in accordance with all terms and conditions posted herein, including any addendum/s and/or attachment/s made to these terms and conditions. In no event will the Auctioneer’s or Seller’s liability to the Bidder exceed the amount actually paid by the Buyer. The Buyer hereby acknowledges and agrees that the Auctioneer and Seller shall not be liable for special, consequential or incidental damages. The Buyers shall have no further claim or recourse against Sellers, Auctioneers, licensees, employees and agents including charge backs, stop payment, cancellation, etc. Delivery in this section refers to the transfer of ownership and the physical delivery of an item or lot to the Buyer.
17)ADDITIONS OR WITHDRAWALS - The Auctioneers reserve the right before, during and/or after the auction, to withdraw from the auction any of the items or lots listed or to sell at this auction items or lots not previously listed. Auctioneers also reserve the right to group and regroup items and lots, or separate items and lots, or parts of a lot as deemed necessary by the Auctioneers. The Auctioneers reserve the right to sell all of the items and lots listed in bulk or to sell any and all items or lots prior to the auction. All items and lots are subject to prior sale, cancellation and sold “with reserve.” Auctioneer and Seller reserve the right to augment the auction with items from additional Sellers. These items and lots may be interspersed and not specifically identified throughout the auction.
18)SALES TAX (if applicable) - All applicable sales tax, according to the governing tax laws in the state where the auction is being held, will be added to the purchase price on all taxable items or lots unless the Buyer files a properly completed tax exempt form with our auction office prior to the auction. All bidders will be subject to the sales tax unless you provide our office with the documentation we require for exemption including (all out-of-state Buyers and out-of-country Buyers must pay sales tax on all items including titled items), unless stated otherwise in the auction terms. There is no elimination of or credit back of taxes once the auction closes and settles. The sales tax is calculated on the total purchase price including the buyer’s premium and any applicable fees and/or expenses.
19)TITLES - Title and Vehicle transfers will be delivered to the Buyer upon full payment and within legal guidelines. A mutually agreeable time and location will be set by Sellers and Buyers to complete notary work at a licensed Notary and the Buyer will pay the applicable taxes and fees. The Buyer and Seller understand that the Auctioneer and Auction Company are not notaries nor involved in the transfer process. No responsibility or liability is assumed by the Auctioneers and Auction Company for the transfer. Titles will be transferred within 30 days of the close of the auction unless an extension is warranted.
20)VIEWING - The Buyers are afforded a time specific stated opportunity (or viewing by appointment) to inspect the items and lots prior to final close of the online bidding for the auction. The Buyers are relying solely on their investigations and inspections, and not any representations made by the Sellers, Auctioneers, their licensees, employees and agents or descriptions posted online. The Buyers hereby waive any and all further inspections. The Buyers fully agree and understand that they are purchasing each and every item and lot in an “As-Is”-“Where-Is” condition, with all its goodness and faults. The Sellers, Auctioneers, their licensees, employees and agents, make no representations, guarantees or warranties of any kind, either expressed or implied, statutory or otherwise of any nature whatsoever.
21)PERSONAL AND PROPERTY RISK - Persons attending during viewing and/or removal of items and lots, assume all risks of damage of or loss to person and property and specifically assume all risks by reason of any defect in or condition of the premises on which the viewing and/or removal is held. Auctioneers, licensees, employees, agents and/or Sellers are not responsible for accidents or theft, personal or physical, on the premises or in coming or going, to and from the viewing and/or removal. All persons in attendance during viewing and/or removal shall exercise proper precautions at all times for the protection of persons and property and shall comply with all safety and health requirements as directed by the Auctioneers, and federal, state and local regulations. Buyer specifically releases Auctioneers, licensees, employees and agents from any and all liability thereof.
22)AS IS – WHERE IS – (Attend the Preview!) All items and lots are sold on an “AS-IS”, “WHERE IS” and “WITH ALL FAULTS” basis “WITHOUT EXCEPTION” with no warranty of any type expressed or implied as to the merchantability or fitness for any particular purpose of any goods offered in this sale. Buyers understand that items and lots sold on this website are used and therefore have some level of wear and/or damage and are by the very nature of being “used and/or pre-owned and/or aged” are at some level of defective. Buyers agree to not “stop payment,” “cancel” or “charge back,” etc., any credit cards, debit cards and/or checks. The Auctioneer and Seller expressly and specifically disclaim, without limitation, any warranty of merchantability or fitness for a particular purpose. Removal is at the Buyer’s sole obligation, risk and expense. No sale will be invalidated by reason of any defect or inaccuracy in any of the items or lots by reason of their being incorrectly described orally or written, invoiced or cataloged, and no liability will be borne by the Auctioneers, licensees, employees and agents in respect to any such faults or errors. All marketing and information has been prepared only as a guide and is not offered as completely accurate, nor does it give the Buyers all of the information on the item or lot. Except as herein contained, there shall be no guarantees or warranties, expressed or implied, statutory or otherwise of any nature whatsoever. The Buyers will accept the items or lots in spite of any defects or conditions, known or unknown, visible or not visible, and therefore Buyers do by these presents remise, release, acquit, quit claim and forever discharge the Sellers, Auctioneers, licensees, employees and agents from any and all claims now and in the future. The Buyers should avail themselves the opportunity to inspect all items and lots during the inspection period. Again all Buyers are strongly urged to physically inspect the item during the inspection period. All sales are final. No bids can be withdrawn during or after the auction for any reason. Buyer understands that these terms as well as all other terms and conditions can only be amended or revised in writing and signed by the Auctioneer. Buyer also agrees that any oral, written or electronic representation made by the Auctioneer shall not modify these 'AS IS - WHERE IS' terms. Buyer understands that any description given in the catalog or written on the equipment is not guaranteed, and Buyer will rely entirely on their own inspection and/or investigations. All information and descriptions contained in advertising this sale are believed correct, but no responsibility is assumed by Auction Company or Seller for any errors or omissions.
23)DISPUTES - In the event that you have a dispute with one or more users, you release Auctioneers/Provider (and our officers, directors, licensees, agents, subsidiaries, employees, and parent companies) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If any dispute arises as to any bidding between two or more Bidders, or as to the Seller, or as to an item or lot, etcetera, the Auctioneers at their sole discretion, may immediately put the disputed item or lot online again for auction or declare the Buyer by decision. The actions and decisions of the Auctioneer shall be binding, final and absolute. Should a dispute arise after the auction, the Auctioneers sales/electronic record will be deemed as final and absolute. In no instance will a dispute be recognized once the item or lot has been removed from the premises.
24)CLAIMS - No claims or returns will be allowed after the items or lots have been removed from the premises. No claim will be allowed for adjustments or rescission of any sales based upon the failure of the item or lot to correspond with any standard and/or expectation of the Buyer. Buyer agrees to not charge back, cancel, stop payment, etc., any credit cards, debit cards and/or checks.
25)POOLING - Pooling or bid rigging is fraud and a serious Federal Offense. The Auctioneers reserve the right to pull the item/s or lot/s from the auction or void any sale at auction or bid on behalf of the Seller/s, when the Auctioneers detect or suspect pooling by two or more Bidders. Pooling will be prosecuted to the fullest extent of the law.
26)ITEM/LOT RESPONSIBILITY - Items and lots become the complete and sole responsibility of the Buyers for the care, custody and protection immediately upon the online auction system closing the bidding or in a customary manner changes ownership. It shall be the responsibility of the Buyers to insure their purchases immediately. The Auctioneers, licensees, employees and agents assume no responsibility for any missing or damaged items or lots and are specifically not acting as the Buyer’s security agent or a police officer.
27)THEFT - Theft is a serious concern to all of us, if discovered, the individuals involved will be prosecuted to the fullest extent of the law. The Auctioneer reserves the right to inspect all vehicles, tool boxes, etc. Instances of theft will result in immediate termination of future bidding and current removal privileges and prosecution.
28) FORUM SELCTION AND APPLICABLE LAW - The parties agree that any litigation or dispute concerning enforcement of this contract or arising out of this online auction shall be brought in the State of Pennsylvania, the jurisdiction shall be in the County of Beaver and that Pennsylvania law shall govern, irrespective of the location, county or state where the auction was held. The prevailing party shall be entitled to an award of court costs and attorney fees incurred.
29)INFORMATION - This site and the information, content, and materials on this site are provided on an “AS IS” “Where Is,” and “Where Available” basis. Auctioneer/Provider makes no representations or warranties of any kind, express or implied, as to the operation of the site, the content, information, or the materials on this site. To the fullest extent permissible under applicable law, provider expressly disclaims all warranties, expressed or implied of any kind, with respect to any of the materials, content, or information on this site or any goods or other products or services offered, sold, or displayed on this site or your use of this site generally, including warranties of merchantability, accuracy of information, quality, title, fitness for a particular purpose, and non-infringement. Buyers understand that items and lots sold on this website are used and therefore have some level of wear and/or damage and are by the very nature of being “used and/or pre-owned and/or aged” therefore are at some level of defective. Buyers agree to not “stop payment” or “charge back” any credit cards, debit cards and/or checks.
30) INFORMATION DESCREPENCIES - While quantities and descriptions are believed to be correct, there are no warranties or guarantees, expressed or implied, and the Auctioneers, licensees, employees and agents will not be held responsible for advertising discrepancies, inaccuracies or failure of the merchandise to correspond with any standard and/or expectation. No item or lot shall be sold or deemed to be sold by description. A Buyer shall not be entitled to rely on any representations made either in writing or orally, by or on behalf of, the Sellers, Auctioneers, licensees, employees and agents. The description, measurements, dimensions, serial and machine numbers, year, model, quantities, weights, value, quality, capability, usability, function, performance, condition, salability or other particulars set out in the newspaper ads, auction brochures, catalogs, and/or invoices are believed to be accurate, but such information is given by way of identification only and no warranty, condition or guarantee is given or is to be implied as to the accuracy of such descriptions, measurements, dimensions, serial and machine numbers, year, model, quantities, weights, value, quality, capability, usability, function, performance, condition, salability or other particulars, or the genuineness or authenticity of any item or lot, and neither Sellers nor Auctioneers, licensees, employees and agents, will be responsible for any damage or loss, consequential or otherwise, arising as a result of any inaccuracy in respect thereof. Announcements and postings shall take precedence over any advertising or pre-auction material, written, oral and/or electronic. Buyers understand that items and lots sold on this website are used and therefore have some level of wear and/or damage and are by the very nature of being “used and/or pre-owned and/or aged” therefore are at some level of defective. Buyers agree to not “stop payment” or “cancel” or “charge back” any credit cards, debit cards and/or checks.
32)DISCLAIMER OF WARRANTY AND RELEASE - You expressly agree that the use of this Website is at your sole risk, responsibility and obligation. Neither the Auction Company, its affiliates, nor any of their officers, directors, licensees, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this Site will be uninterrupted, error-free or virus-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Site.
33)ERRORS, OMMISSIONS, ETC - The Site may contain errors, omissions, inaccuracies, or outdated information. Further, Auctioneer/Provider does not warrant reliability of any statement or other information displayed or distributed through the Site. Auctioneer/Provider reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site. Auctioneer/Provider may make any other changes to this Site at any time without notice. Auctioneer/Provider makes reasonable commercial efforts to make the Site available at all times, however, Auctioneer/Provider is not responsible for any service interruptions, including, but not limited to, interruptions that may affect aspects of the sale of equipment and/or virus’s.
34)INDEMNITY CLAUSE - Buyer/s agree to indemnify and save harmless Auctioneers and their employees, licensees, agents, successors or assigns, against any and all claims, injury, loss, liabilities, lawsuits, damages, demands, action or cause of action whatsoever in any manner arising from this auction or privately negotiated sale; including costs, expenses, or compensation whatsoever, direct or indirect, known or unknown, foreseen or unforeseen, which the Bidder now has or which may arise in the future on the account of or in any way growing out of or connected with any defects, latent or otherwise, or the physical condition of any items or lots purchased or any law or regulation applicable thereto. The indemnity clause applies to the auction and/or a privately negotiated sale, before, during and after, the auction or the privately negotiated sale, and shall survive settlement or lack thereof. Auctioneers are not responsible for accidents. Buyers must insure their own liabilities, interests, etcetera in all real estate and/or personal property. The Buyer/s also agree to indemnify and save harmless Auctioneers and their employees, licensees, agents, successors or assigns, against any and all claims, injury, loss, liabilities, lawsuits, damages, demands, action or cause of action whatsoever in any manner, etcetera, pertaining to hazardous materials, substances, sites and/or conditions, (known or unknown), and are strictly and solely the Seller’s ownership, responsibility and liability.
35)LIMITATION OF LIABILITIES - You agree that the Auctioneer/Provider and its providers shall not be liable for any damage, loss, or expense of any kind arising out of or resulting from your possession or use of the materials, content, or information on this site (Auctioneers or Provider) or from your purchase or sale of goods through this site regardless of whether such liability is based in tort, contract, or otherwise. In no event, including without limitation, a negligent act, shall Auctioneer/Provider or any of its providers be liable to you for any direct, indirect, special, incidental, consequential, or punitive damages (including, without limitation, loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business, virus’s, etc.), arising out of or in any way related to the materials, content, or information on this site or any other products, services, or information offered, sold, or displayed on this site, your use of, or inability to use this site generally, or otherwise in connection with this agreement, regardless of whether Auctioneer/Provider or any of its providers have been advised of the possibility of such damages.
36)RECORDS - The records (written, audio, video, digital, computer generated and etc.) of the auction kept by the Auctioneers, Providers, bookkeepers and employees will be taken as final in the event of any disputes or claims.
37)AGENCY - The Auctioneers, licensees, employees and agents are acting as an agent for the “Seller Only” and are not responsible for acts of its principals, nor liability for damages, accidents or theft.
38)BINDING - It is agreed that the Bidder shall be bound by these terms and conditions, and if there is more than one bidder, the obligations imposed by these terms and conditions, shall be joint and several. If any term or condition is determined by a court to be unenforceable, the remainder of the terms and conditions shall not be affected. All terms and conditions shall survive settlement or lack thereof.
39)ABSENTEE BIDS & PROCEDURE - All absentee bids are handled by the online auction system of bidding. Buyer understands that all terms and conditions posted herein including addendums and attachments, apply to absentee bids as well. Because of the random nature of the auction bidding process, it is possible for the high bid to be by another Bidder, at the same amount that was left by the Absentee Bidder, therefore, it is agreed by the Absentee Bidder that neither the Sellers, Auctioneers, licensees, employees nor representatives, including the online auction service provider assume any liability or responsibility of any kind whatsoever for failure to execute bids for or on behalf of the Absentee Bidder for any reason whatsoever.
40)CREDIT CARD DISCLAIMER - Registrant/Bidder/Buyer understands that the Auction Company assumes no liability for security of credit card numbers on Auctioneers site, emails, etc., including the auction system Provider’s site.
Thank you for Thinking Auction and Choosing Hostetter Auctioneers!
Sherman Hostetter Group LLC
Hostetter Auctioneers
7055 Big Beaver Blvd.
Beaver Falls, PA 15010
Office: 724-847-1887
Email: [email protected]
Website: www.HostetterAuctioneers.com