DO NOT BID UNTIL YOU HAVE READ ALL OF THE BIDDING TERMS SET FORTH. DO NOT BID UNLESS YOU AGREE TO ALL OF THE TERMS ABOVE. BY CONSENTING AND BIDDING YOU ARE ACKNOWLEDGING AGREEMENT WITH THE TERMS ABOVE.
1. “As Is” Sale; Disclaimer of Warranties
All items are sold “AS IS, WHERE IS,” with all faults and without any guarantees or warranties of any kind, express or implied. This includes, but is not limited to, warranties of merchantability or fitness for a particular purpose. These terms, and all terms below, may only be amended in a written agreement signed by the Auctioneer. No oral statements by the Auctioneer shall alter these terms. Any descriptions in catalogs, advertisements, or on equipment are provided for informational purposes only and are not guaranteed. Buyers must rely solely on their own inspection and due diligence before bidding, and are encouraged to arrange inspections at the Auctioneer’s facility. No adjustments, cancellations, or refunds will be made after the sale due to discrepancies in description, condition, or displayed hours. “Displayed hours” refers only to the reading shown on the equipment’s hour meter at the time of the auction. The Auctioneer does not guarantee the accuracy of displayed hours. Hour meters may have been replaced, tampered with, or may not reflect true usage. Actual operating hours may be higher, lower, or otherwise different than displayed.
2. Risk of Loss
Risk of loss passes to Buyer immediately upon the Auctioneer’s declaration of “SOLD.” Buyer is responsible for all insurance and protection thereafter. Auctioneer shall not be responsible for any loss, theft, or damage after sale.
3. Injury; Assumption of Risk
All persons attending the auction do so at their own risk. Buyer agrees to indemnify and hold harmless the Auctioneer, Seller, and their agents from any claims, injuries, or damages arising out of Buyer’s participation in the auction or removal of purchases.
4. Bidding Rules
Once the Auctioneer declares “SOLD,” Buyer may not retract a bid and is legally bound to complete the purchase. Auctioneer, Seller, lienholders, or their agents reserve the right to bid on their own behalf. Auctioneer’s decision on any bid dispute is final.
5. Buyer’s Premium
A Buyer’s Premium of 10% (with a maximum of $500 per lot) will be added to the hammer price of each lot sold and is included in the Purchase Price. An Additional Buyer’s Premium of 3% (no maximum) will be added to the hammer price of each lot sold through an online platform, and is also included in the Purchase Price.
6. Sales Tax; Exemption Certificates
All applicable state and local sales taxes will be collected. Buyers claiming exemption must provide a valid resale or exemption certificate at the time of payment. Failure to provide proper documentation will result in sales tax being charged and collected without refund.
7. Payment Terms
Buyer must pay the full Purchase Price, which includes the hammer price, Buyer’s Premiums, and applicable sales tax, within three (3) business days of the auction. Acceptable payment methods for road-ready titled items are cash, wire transfer, or certified funds. For all other items, business or personal checks and credit card payments are also accepted; credit card transactions are subject to a 3% fee, with a maximum of $5,000 charged to a card. Interest will accrue at 18% per year on any unpaid balance beginning after the third business day. Returned checks will incur a $50 fee, and the Buyer is responsible for all collection costs, including attorney’s fees and court costs, if payment enforcement is required. Ownership of an item transfers at the moment the Auctioneer declares it “SOLD.” However, items paid for by company or personal check will not be released until funds have cleared or the Auctioneer provides written approval.
8. Auctioneer’s Right to Terminate Purchase
If Auctioneer cannot deliver clear title or possession, Auctioneer may cancel the sale and refund amounts paid, which shall be Buyer’s sole remedy.
9. Removal of Purchases
Buyer must remove all purchases within thirty (30) days of the auction. All costs, liability, responsibility, and risks of removal are the Buyer’s sole responsibility. Buyer shall exercise prudence and care in removal and shall avoid damage to any property. Buyer shall not hold or attempt to hold the Auctioneer responsible for any losses, expenses, damages, liability, claims, or causes of action incurred during removal. If Buyer fails to remove purchases within the time specified, the Auctioneer shall have the right, but not the obligation, in its sole discretion, to resell, remove, store, or discard such purchased items at the Buyer’s sole risk and expense, without waiving any other rights Auctioneer or Seller may have against the Buyer. After thirty (30) days, storage charges of $20 per item per day will apply. Items remaining beyond 90 days may, at Auctioneer’s option, be deemed abandoned and sold, scrapped, or otherwise disposed of at Buyer’s expense without further notice. Items sold may retain a 30% consignment fee from resale proceeds minus any storage fees.
10. Buyer’s Responsibility for Title, Transport, and Export
Buyer is solely responsible for obtaining title, registration, permits, transportation, and insurance for purchased items. For items exported outside the United States, Buyer is fully
responsible for compliance with all export/import laws, duties, and customs. Auctioneer shall not be liable for failure to secure title, licensing, or compliance with government regulations.
11. Breach of Contract
Failure by the Buyer to complete the purchase of any item and pay the full Purchase Price as required under this Contract shall constitute a material breach. Any funds paid by the Buyer as partial payment shall be applied first to the Auctioneer’s damages (including, without limitation, storage, handling, and administrative charges), and only thereafter credited toward the Purchase Price of any purchased item(s).
If the Buyer fails to pay the full Purchase Price for any item within three (3) days after the date of sale, the Buyer’s rights in and to such item shall automatically terminate, and any title, ownership, or interest shall immediately revert to the Auctioneer without the need for further action. Title to any item shall not pass to the Buyer until the Auctioneer has received the full Purchase Price in cleared funds.
Upon default, the Auctioneer may, without further notice, retain, store, and resell the item at public or private sale in a commercially reasonable manner, at the Buyer’s sole risk and expense. The Buyer shall remain liable for deficiency (the difference, if any, between the Buyer’s original high bid and the resale price), expenses (all costs, charges, and expenses incurred in connection with the default and resale, including collection, storage, handling, transportation, insurance, and resale costs) and legal fees (reasonable attorney’s fees and costs incurred in enforcing the Auctioneer’s rights).
Any amounts recovered shall be treated as liquidated damages and not as a penalty, and the Buyer expressly agrees that such amounts are a fair and reasonable estimate of the Auctioneer’s damages. The Buyer shall also indemnify, defend, and hold harmless the Auctioneer and Seller from any loss, cost, expense, or damage (including reasonable attorney’s fees) arising directly or indirectly from the Buyer’s or the Buyer’s agent’s failure to comply with this Contract.
If the item is resold for more than the Buyer’s original high bid, the Buyer shall have no claim to any surplus proceeds.
At the Auctioneer’s sole discretion, any breach of this Contract may also result in the Buyer being barred, directly or indirectly, from participation in any future auction or sale conducted by the Auctioneer, whether public or private.
12. Refunds and Returns
All sales are final. The Auction Company and the Auctioneer shall not be obligated to accept any returns or issue any refunds under any circumstance. If, at the sole discretion of the Auction Company or the Auctioneer, a return or refund is granted, the total refund shall not
exceed the Purchase Price minus any Buyer’s Premiums, and will be issued only in the form of credits usable for future purchases at McGrew Equipment Company.
13. Force Majeure
Auctioneer shall not be liable for any delay, cancellation, or failure to perform due to causes beyond its reasonable control, including but not limited to natural disasters, fire, flood, strikes, internet outages, or government restrictions.
14. Online and Electronic Bidding Terms
Auctioneer is not responsible for failures, errors, or delays in online or electronic bidding systems, including internet disruptions or software errors. Auctioneer reserves the right to reject or void any bid affected by technical error and to resolve all related disputes at its sole discretion.
15. Governing Law; Venue; Dispute Resolution
This Contract shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. The Buyer expressly consents to the personal jurisdiction of the courts of the Commonwealth of Pennsylvania. Venue shall lie in the Court of Common Pleas of York County, Pennsylvania, unless the auction is held elsewhere in Pennsylvania, in which case venue shall be the Court of Common Pleas of that county. At the Auctioneer’s sole election, disputes may alternatively be submitted to binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association.
16. Severability
If any provision of this Contract is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.
17. Entire Agreement; Modification
This Contract, together with any terms in the auction catalog, invoices, or announcements from the auction block, constitutes the entire agreement between Buyer and Auctioneer. No oral statements or side agreements shall modify this Contract. Any modification must be in a written agreement signed by the Auctioneer.
18. Recording Notice
Buyer acknowledges that audio and video recording may occur during the auction and consents to their use in any legal proceedings, administrative proceedings, or issues arising from this Contract or from the auction in connection therewith.
19. Additional Terms in Catalog and Announcements
Buyer shall be bound by all terms and conditions set forth in this Contract, as well as those contained in the auction catalog, sales invoice, or any other printed materials issued by the
Auctioneer in connection with the sale. Additional terms and conditions announced by the Auctioneer from the auction floor shall also be deemed incorporated into and made a part of this Contract.
Acknowledgment
The Buyer shall not place any bid until the Buyer has read all of the bidding terms set forth above and agrees to be bound by those terms.
By signing below and submitting a bid, the Buyer affirms that the Buyer has read, understood, and agreed to be legally bound by all of the terms and conditions of this Contract.