Heavy Equipment Sale

Auction ID: 61490

Using Bid-2-Buy.com Auction Services:

By using our services it is assumed that you have read the guidelines provided here, and are expected to follow them.

Auction Overview and General Disclaimer:

Bid-2-Buy.com is a service for buyers to bid through an online auction format. Bid-2-Buy.com may take action against a registered user for their conduct, and reserve the right to exclude any company or individual from access to our services if we determine their actions to be inappropriate.

The Internet being the fragile environment that it is; Bid-2-Buy.com cannot be held responsible for server down time, or the inability to access our site through a users ISP. Notifications sent by Bid-2-Buy.com via E-mail may possibly take longer than expected, and cannot be counted on to inform you of an item's status. In the event of any problems, we reserve the right to cancel, restart, or extend an item or a complete auction as the circumstances may dictate.

Auction General:

The auction and related services provided by Werner Auction Group Inc. ("bid-2-buy.com") through the Website ("Service" or "Services") and the use of the Website and provision of the Services are governed by these Terms and Conditions (the "Terms and Conditions"). By accessing or using the Services or the Website or by registering as either a buyer or seller ("Buyer", "Seller" or "User"), you agree that (1) you have read the Terms and Conditions, (2) you understand the Terms and Conditions, and (3) you are bound by the Terms and Conditions in your use of the Services and the Website. If you do not agree to the Terms and Conditions, you may not access or use the Services or the Website. If you do not understand the Terms and Conditions, please contact bid-2-buy.com and we will do our best to answer your questions or concerns.

Auction Registration:

All potential bidders must register online at www.bid-2buy.com or at the auction site before you can participate. Live auction events require a valid driver's license or a photo identification. Bid-2-buy.com may, in its sole discretion, deny registration to any person or entity. You must be at least 18 years old to bid on any item. After accepting registration, refusal to permit a person's (or entity's) continuing use of the Services and the Website for any reason is at bid-2-buy.com sole discretion.

Changes to Services, Website and Terms and Conditions:

User acknowledges and agrees that Bid-2-buy.com may change, modify, amend, suspend or discontinue any aspect of the Services or the Website, at any time, without notice and without liability to User or to any third party. Bid-2-buy.com reserves the right to impose limits on certain features of the Services or the Website, at any time, without notice and without liability to User or to any third party. User acknowledges and agrees that Bid-2-buy.com may amend the Terms and Conditions (including fees and transaction rules) at any time without notice. Any amendment of the Terms and Conditions will be reflected on the Website. User is encouraged to periodically review the Terms and Conditions posted on the Website. Use of the Services and the Website constitutes acceptance of the Terms and Conditions, including any amendments.

Auctions:

Auctions can last up to 30 days but usually 10 to 14 days. Bidding terminates automatically at a predetermined time that will be posted in the Auction Details. All times are Central Standard Time Zone.

ALL of our Auctions will close using an extended bidding format. This feature allows the auction to function like a live auction by extending the time for (3) minutes on any item that has active bidding within the last minute of that item closing. It also allows customers with slower computer connections a fair opportunity to bid; by eliminating the bidders that use computer sniping software to place bids within the last second of an auction out bidding you.

When the auction ends, all winning bidders will be notified by e-mail within 24 hours of auction close. Please wait for your email before contacting Bid-2-buy.com.

If the winning bidder fails to perform within three (3) business days, Bid-2-Buy.com reserves the right to contact the next highest bidder to offer the item to them, and the original high bidder may lose their place as the winning bidder. This does not relieve the original bidder of any obliagtions to Bid-2-buy.com. Non performing Bidder will be liable for any and all losses, attorney's fees, storage, collection costs etc. due to bidder non performance. Bid-2-Buy.com may, in its sole discretion, either accept what it deems to be the final bid or solicit further bids on the item in dispute. All sales are final. No returns or refunds will be permitted, unless authorized by the seller in writing. In the event of any dispute concerning the winning bid price for an asset, the record kept by bid-2-buy.com shall prevail.

Buyer Conduct:

In addition to those other obligations set forth herein, Buyer acknowledges and agrees that by placing a bid on an asset, Buyer represents, warrants and covenants (1) that it shall not misrepresent its ability to close the transaction pursuant to the terms and conditions of sale, and in accordance with these Terms and Conditions, (2) that it has the capacity to close the transaction, (3) that it has actual authority to enter a bid, and to enter into an agreement to purchase the asset, and (4) that any bid that is made on an item constitutes an irrevocable offer to buy the item for the full amount of the bid.

Auction Bidding:

In order to bid in an auction, you must first register with Bid-2-Buy.com. On every item in an auction, a minimum bid and a minimum increase (also called "bid increment") is set by our system. Our software will not accept a bid lower than either the opening bid, or the current bid plus the minimum increment (increase). If an inappropriate bid is placed, a bidder will be notified immediately that their bid was not accepted, and provided with an option to correct the bid. Any current high bidders who are overbid at this time will receive notification by E-mail.

On items with a quantity of one (1), a Maximum Bid may be placed when bidding on an item (this is sometimes called a "proxy bid"). A Maximum Bid is confidential, and will be used by our system to increase your bid automatically in case you are outbid by another user. Our system will only bid high enough to outbid the current high-bidder, according to the minimum bid increment (increase). This can be a very nice feature, because it allows the system to bid on your behalf, so you don't have to constantly monitor an auction.

Bidders shall examine or inspect items prior to the end of the auction. Inspection days are in place for every auction, contact us for special requests.

ALL ITEMS ARE SOLD AS IS, WHERE IS AND WITH ALL FAULTS.

Bid-2-Buy.com makes every attempt to collect and disclose as much information for each item as possible. All information deemed reliable but not guaranteed.

Assets are intended to be sold without software, if any is applicable. In the event that a Seller's software is included in an asset sale, notwithstanding the disclaimers set forth above, Bid-2-buy.com makes no representations or warranties regarding the Buyer's right to use such software, as to the performance of the software, its non-infringement or otherwise.

Bid-2-buy.com relies on information about assets in the auction provided by the seller. Bid-2-buy.com undertakes no investigation of that information, and makes no representation or warranty concerning the truth or completeness of that information. Photographs are provided solely for the bidders' convenience and shall not be construed to create representations or warranties of any kind pertaining to the assets. Buyer acknowledges that it has had the opportunity to inspect all assets prior to tendering its bid and waives any and all claims against Auctioneer and/or seller relating to asset photographs or descriptions.

Bid-2-buy provides the Services and the Website so that Sellers may offer assets for sale and Buyers may place offers to purchase these assets. Bid-2-buy is not an agent of Buyer or Seller. Bid-2-buy.com does not have the power to transfer title to any assets offered by Sellers. Additionally, bid-2-buy.com makes no representation or warranty of any kind as to the willingness or ability of either Buyer or Seller to complete a sale in Bid-2-buy.com provides the Services and the Website so that Sellers may offer assets for accordance with the Agreement. Buyers and Sellers are solely responsible for independently verifying the background and credit-worthiness of those Users with whom they enter into, or with whom they prospectively will enter into, a transaction, as well as the condition or any description of an asset involved in a prospective transaction.

Auctions may be run with reserve prices. The reserve price is the lowest price the seller is willing to accept for the item. The reserve price is not disclosed to bidders. This feature enables the seller to list their items at a lower starting price without being obligated to sell the item until bidding reaches their reserve level. This is usually done to encourage bidding on an item.

In the event of any dispute regarding any transaction conducted through use of the Services or the Website (a "Dispute"), User hereby releases bid-2-buy, its affiliates and subsidiaries, and their respective directors, officers, employees, agents, shareholders, co-branders, partners, successors and assigns (the "Released Parties"), and each of the foregoing, from any and all manner of action, claim or cause of action or suit, at law or in equity, and from any and all losses, damages, costs or expenses, including without limitation court costs and attorneys' fees, which User may have against the Released Parties, or any of them, known or unknown, disclosed or undisclosed, which arise out of or relate in any way to a Dispute.

User Conduct:

User is solely responsible for all conduct and transmissions that take place under its User name and password. Without limiting the foregoing, User represents, warrants and covenants that its use of the Services and the Website shall not:

(a) violate any applicable local, state, national or international law, statute, ordinance, rule or regulation. Without limiting the foregoing, User represents, warrants and covenants that it will not sell or buy any assets that may not be lawfully offered for sale or purchase in the United States and that User will not export from the United States any asset in violation of U.S. law. Certain items offered for sale at an auction may constitute 'Restricted Technology.' Under federal law, such items may not be shipped outside of the United States. Bid-2-buy makes no representation or warranty concerning, and has conducted no investigation to ascertain which items, if any, constitute Restricted Technology;

(b) interfere with or disrupt computer networks connected to the Service or the Website;

(c) impersonate any other person or entity, or make any misrepresentation as to User's employment by or affiliation with any other person or entity;

(d) forge headers or in any manner manipulate identifiers in order to disguise the origin of any User Information;

(e) interfere with or disrupt the use of the Services or the Website by any other User, nor "stalk", threaten, or in any manner harass another User;

(f) upload, post, transmit, publish, or distribute any material or information which contains a computer virus, or other code, files or programs intending in any manner to disrupt or interfere with the functioning of the Services, the Website, or that of other computer systems;

(g) use the Services or the Website in such a manner as to gain unauthorized entry or access to the computer systems of others;

(h) upload, post, transmit, publish or distribute any material or information which constitutes or encourages conduct that would constitute a criminal offense, give rise to other liability, or otherwise violate applicable law;

(i) upload, post, transmit, publish, or distribute any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or racially, ethnically, or otherwise objectionable; or

(j) reproduce, copy, modify, sell, distribute or otherwise exploit for any commercial purposes the Services or the Website, or any component thereof (including, but not limited to any materials or information accessible through the Website).

Buyer Conduct:

In addition to those other obligations set forth herein, Buyer acknowledges and agrees that by placing a bid on an asset, Buyer represents, warrants and covenants...

(a) that it shall not misrepresent its ability to close the transaction pursuant to the terms and conditions of sale, and in accordance with these Terms and Conditions,

(b) that it has the capacity to close the transaction,

(c) that it has actual authority to enter a bid, and to enter into an agreement to purchase the asset, and

(d) that any bid that it makes on an item constitutes an irrevocable offer to buy the item for the full amount of the bid. Bid-2-buy.com may, in its discretion, offer the assets for sale by the piece or by the lot. In addition, Bid-2-buy.com may augment this auction with assets from various sellers. These assets may be interspersed throughout the auction. The seller has the right to remove assets from the auction either before or after bidding has completed. In the event of a removal after bidding has been completed, the purchaser's sole remedy shall be the refund of any purchase price actually paid. Bid-2-buy will announce any additions to or deletions from the catalog on the day of the auction. Bid-2-buy and the seller assume no responsibility for, and make no representations or warranties concerning, descriptions of assets contained in marketing materials for the auction. It is the bidders' obligation to verify such descriptions prior to the auction. Neither Bid-2-buy.com nor seller shall be liable for any damages of any type or nature (whether in contract, tort or otherwise) sustained or claimed by any bidder or any other person or entity in connection with the auction. Without limiting the foregoing, in no event shall Bid-2-buy.com liability to any bidder for any act or omission occurring in connection with the auction exceed the amount that such bidder has actually paid to Bid-2-buy.com as a deposit or as payment for a purchased item.

Auction Closing and Payment:

Each auction has its own ending time listed on the bidding form. Auctions end automatically at this time. Notifications are sent out to the winning bidders. Bid-2-buy.com may, in its discretion, charge a buyer's premium or other service charge on assets sold. All such charges will be indicated in the relevant auction brochure, or other clearly marked area of the Website. If charged, the buyer's premium shall be a % of the sales price of each asset sold, and shall be collected by Bid-2-buy.com directly from each successful bidder, in addition to the purchase price as bid.

Bid-2-buy.com will announce the removal, or "check-out," period on the day of the auction in the case of a live event. Online auctions will have the details posted on the auction event detail page. Bid-2-buy.com shall have no responsibility to disconnect utilities to the sold asset, including electric, gas, waste and water lines. It is the purchaser's sole responsibility to arrange and pay for the removal and shipment of purchased items. Also, it is the purchaser's responsibility to provide, and/or ensure their agents performing removals on their behalf provide, upon demand, evidence of the following insurance policies with reliable insurance companies, and in the following amounts: $2,000,000 combined single limit, $1,000,000 property damage and $1,000,000 comprehensive general liability with contractual liability in the case of all riggers; and $500,000 cargo and $1,000,000 comprehensive general liability in the case of carriers; and such other insurance as may be required by any governmental authority, including workers' compensation insurance. Removal shall be conducted responsibly and with due care for the seller's premises. The purchaser shall restore and repair all real and personal property that is altered or damaged as a result of the removal of purchased items. If the purchaser does not remove an item within the announced check-out period, Bid-2buy.com and the seller may, in their sole discretion, deem the item to have been abandoned by the purchaser and the purchaser will have no further rights with respect to the item. Notwithstanding the foregoing, Bid-2-buy.com and the seller reserve the right to charge the purchaser for the costs of storage beyond the check-out period.

Bidders acknowledge that an auction site is a potentially dangerous place. Flammable, noxious, corrosive and pressurized substances may be present. Heavy equipment may be operated, and electrical circuits may be live. Every person enters the auction site at his or her own risk with notice of the condition of the premises and the activities that will be or have been conducted on the premises. Bidders shall so advise their agents and employees. No person shall have any claim against Bid-2-buy.com, the seller or their respective agents or employees for any injuries sustained or for damages to or loss of property that may occur at the auction site.

It is the purchaser's sole responsibility to meet all governmental safety and environmental standards in removing, shipping and using purchased items. Certain of the items for sale may contain 'hazardous substances,' as that term is defined under federal, state or local environment laws and regulations. Bid-2-buy.com has no duty to remove any hazardous substances that are contained in or are a part of any item. Purchasers agree to defend (by counsel satisfactory to Bid-2-buy.com and indemnify Bid-2-buy.com and hold Bid-2-buy.com harmless from and against any claim, demand, cause of action, liability or expense (including attorneys' fees and costs) asserted against or incurred by Bid-2-buy.com in connection with the sale, removal, shipment or use of any purchased items.

Accepting Terms:

These Terms and Conditions, and all questions with respect to the interpretation of these Terms and Conditions, shall be governed by and construed in accordance with the internal laws of the State of Minnesota, without regard to conflict of laws provisions. All bidders expressly consent to personal and exclusive jurisdiction in the courts of the State of Minnesota located in Anoka County.

I Have Read, understand and am in agreement with all the Terms & Conditions stated above, and any auction specific terms posted. I am at least 18 years of age and legally able to enter into agreements to purchase under contract.