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Seller Parties shall mean Seller, and its affiliates and their respective officers, directors, employees, agents and representatives. Proposals and acceptances of orders by a potential Buyer are made with the mutual understanding that orders are not subject to cancellation. RESERVATION OF RIGHTS BY SELLER: Seller reserves and has the right to i accept or refuse any and all bids and offers for any reason, ii withdraw from sale any of the Property listed or to sell at any sale property not listed, iii group one or more lots into one or more selling lots or to subdivide into two or more selling lots, iv whenever the best interest of Seller will be served, to sell all the property listed, in bulk, and v add other terms and conditions of sale, such additional terms and conditions to be announced prior to the sale.
Buyer acknowledges that these statues and regulations impose restrictions on import, export and transfer to third countries of commodities and related data, and that licenses from the U. Department of Commerce or U. Department of State may be required before such commodities or data can be transferred, and that such licenses may impose further restrictions on use and further transfer of such commodities and data.
Buyer agrees i to notify Seller prior to any transfer of Property including goods, commodities or data purchased under the Transaction Documents to any parties outside of the United States, ii to provide an end-use certificate and a certification that the Property including goods, commodities and data purchased under the Transaction Documents will not be transferred to any end-user or for any end-use that is prohibited by U.
Automated Export System AES filing prior to export of any Property including goods, commodities or data purchased under the Transaction Documents, and iv that Seller reserves the right to cancel any sale at any time in the event it determines, in its sole discretion, that any transaction arising out of the Transaction Documents does or may violate applicable U.
All payments shall be made to Seller in U. Any and all de-installation, removal, transportation and re-installation of Property shall be at the sole expense, risk and liability of the Buyer. Buyer shall also inspect the Equipment before auction to ensure that the Equipment is safe and poses no undue risk or hazard, including but not limited to contact with any Hazardous Substances as defined below, which includes but is not limited to asbestos.
Property not paid for and removed within the time allowed herein may be resold at public or private sale without further notice, and any deficiency, together with all expenses and charges of re-sale, will be charged to the defaulted Buyer. If at any time prior to payment in full, Buyer files a petition in bankruptcy or for other similar protection from creditors, or an involuntary petition in bankruptcy or other similar proceeding is filed against purchaser, then, at the option of the auctioneer, the sale may be voided by Seller at its option.
The record of sale kept by Seller and its bookkeeper will be taken as final in the event of any dispute raised by Buyer. The Parties shall be responsible for their own attorney fees in reviewing this agreement. Nothing in the Transaction Documents, express or implied, is intended to confer upon any person, other than the parties hereto, and their respective successors and permitted assigns, any rights, remedies, obligations or liabilities under or by any reason of the Transaction Documents.
The Transaction Documents shall constitute the entire agreement of the parties with respect to the subject matter hereof. No amendments or modifications to the Transaction Documents shall be valid unless in writing and signed by both parties hereto. The covenants and agreements expressed in the Transaction Documents shall be severable, and the invalidity, now or in the future, of any covenants recited herein shall not affect the validity of the remaining covenants and agreements.
Each Transaction Document may be executed in multiple originals and multiple counterparts on different dates and in different places, but which when taken together shall constitute one binding and effective agreement.
The waivers, indemnities, representations and warranties set forth in the Transaction Documents shall survive the consummation of the transaction contemplated in the Transaction Documents. Except as otherwise stated herein, each of the parties shall be responsible for its own costs and expenses incurred in connection with the transactions contemplated by the Transaction Documents.
No exceptions. Removal shall be at the expense, risk and liability of the Buyer. The auctioneer shall not be responsible for Property not removed within the time allowed, but shall have the option to remove and store at the expense and risk of the Buyer any Property purchased, but not paid for and removal of any of the Property.
Any Property purchased and paid for that can be removed by hand carry or a two-wheel dolly may be removed by the Buyer. Call Charleston with any questions you may have. Payment by wire transfer is also acceptable. Cash is acceptable and credit card payments will be accepted so long as Buyer agrees to pay a service fee for use of the credit card. Name and address of payee must be exact match to information given upon registration.
Property not paid for and removed within the time allowed herein may be resold at public or private sale without further notice, and any deficiency, together with all expenses and charges of resale, will be charged to the defaulting Buyer. Neither the auctioneer, auction company, CSRE Global and ABB shall be liable by reason of any defect in or condition of the premises on which the sale is held.
Whenever the best interest of the Seller will be served, the auctioneer reserves the right to sell all the Property listed, in bulk. On Property upon which there is a reserve, the auctioneer shall have the right to bid on behalf of the Seller.
BANKRUPTCY: If at any time prior to payment in full, Buyer files a petition in bankruptcy or for other similar protection from creditors, or an involuntary petition in bankruptcy or other similar proceeding is filed against Buyer, then, at the option of the auctioneer, the sale may be voided.
Said additional terms and conditions to be announced prior to the auction. Charleston auctions is now accepting all major credit cards.
No cash payments will Be accepted. Identification and credit card are required for registration. Please visit our website for inclusive sale terms and conditions. All buyers MUST agree to the inclusive terms before bidding on any lot in the auction. No items will be removed without proof of payment. All lots purchased MUST be removed without exception. There is NO right of abandonment on any lot or portion of lot.
Photographs and descriptions are subject to change from time to time and are not reliable. Each potential bidder is responsible to conduct, at their own risk and cost, their own independent inspections, investigations, inquiries, and due diligence concerning the property. Seller, CSRE Global and Charleston Auctions, or their agents and associates, are not responsible for any warranty as to condition of property.
Neither Seller, CSRE Global nor Charleston Auctions shall be responsible, in any way, for confirming or denying the specific identity or intended use of any item or piece of property. Inspection dates have been scheduled and will be staffed with auction personnel. Please feel free to inspect the property at any other time, so long as arranged in advance with Charleston. Bidder shall repair any damage to the property done by Bidder, its representatives and agents, while conducting any inspections.
The information contained in this brochure is subject to verification by all parties relying on it.
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