4190 E

4190 E. Centennial Avenue at the Muncie By-Pass (Hwy's 67, 35 & 3)
P.O. Box 1737 * Muncie, IN 47308
765-284-5572 * Fax: 765-468-8025

BUYER TERMS

ALL SALES ARE FINAL. FULL PAYMENT DUE ON SALE DAY.
EQUIPMENT WILL NOT BE RELEASED UNTIL PAYMENT IS RECEIVED IN FULL.

Bidders will be identified by number rather than by name. Auctioneer will record all sales under your registration number only. Registered Bidder is not to let any other individual purchase on the bid card. All interested bidders must be registered under their own name and/or company.

All items are offered “AS IS, WHERE IS” in units of measure as announced at the time of sale. No claim will be considered for allowance, adjustment or rescission of any sale based upon the failure of the property to correspond to any particular standards or expectations of the buyer. Our catalog is provided for continuity of the Auction, the description in the catalog or oral opinions are provided for informational purposes only. Auctioneer may state the year of manufacture of certain equipment; however, it is the responsibility of the buyer to ascertain, by his own means, the correctness of year and model and equipment/options/accessories prior to bidding. The Auctioneer reserves the right to group, modify, increase, diminish or delete lots at his sole and absolute discretion. No agent, employee or representative of Auctioneer or seller has any authority to bind seller to any affirmation, representation, or warranty concerning any equipment, vehicles, or other goods sold to any direct or indirect purchaser.

IMPORTANT Notice to buyer: the vehicles and/or associated equipment, parts, materials, or tools are sold as is and where is and with all faults, Seller and Auctioneer make no warranties, expressed or implied, as to the equipment, parts, materials, or tools. There is no warranty of fitness or of merchantability. Buyer agrees to indemnify and hold harmless the Auctioneer and seller from any and all damages, injuries, and/or causes of action which may involve any equipment, vehicle, and/or any other associated equipment, parts, materials, tools, or other goods occurring subsequent to the date of this sale or such equipment, vehicle, and/or associated equipment, parts, materials, tools, or other goods.

The Auctioneer may refuse to accept or acknowledge any bid which is merely a fractional advance over the preceding bid, and in the event of a tie bid, the Auctioneer may reopen the bidding to determine the higher bidder. All sales are final upon the award of bid at which time payment is required by CASH, CASHIER’S CHECK, CERTIFIED CHECK, which requires a BANK LETTER OF GUARANTEE addressed to John P. Tinsman Auction Co., Inc. and be on bank letterhead of the account being written on. Bank Letter should not be more than five (5) days old. A bidder who furnishes an approved signed blank check does hereby authorize Auctioneer or his agent to complete the check for an amount equal to bidder’s total purchase. In the event the purchaser fails to pay the full purchase price for any lot within the prescribed time, or fails to comply with any other terms of sale, the Auctioneer shall retain a possessors lien on all lots of the purchaser and any and all of the purchaser’s merchandise in the possession of the Auctioneer. Purchaser shall pay all deficiencies resulting from such resale, together with all charges, fees, commissions and expenses in connection with such resale.

Upon the award of bid, title (subject to Auctioneer’s possessors lien) and all risks of loss, damage to or destructing of the purchased item, passes to the purchaser and Auctioneer and/or seller shall have no liability whatsoever for any damage to or destructions of any such lots.

No lots may be removed until the conclusion of the auction, although invoices are available for payment at any time. COMPLETE PAYMENT IS REQUIRED ON SALE DAY. NO EQUIPMENT OR RELATED ITEMS MAY BE REMOVED UNTIL COMPLETE PAYMENT IN FULL IS RECEIVED. All lots must be removed within the time announced or posted at the sale of purchaser’s sole cost and risk, and only in a manner approved by the Auctioneer. If for any reason the purchaser fails to remove any lot within the time specified, the lot shall be deemed abandoned, and the Auctioneer may resell per paragraph 3 above, or remove from the auction site, and/or store the said lots at purchaser’s sole risk and expense. In addition, purchaser shall be liable for any rent incurred or damages suffered by Auctioneer because of purchaser’s failure to timely remove any lot. Prior to the commencement of dismantling, rigging or cutting or any operation affecting buildings or land, purchaser shall furnish certificates satisfactory to Auctioneer, holding Auctioneer and/or seller harmless from any claims concerning damage or injury to persons or property arising out of any such acts. All equipment used in connection with removal, shall itself be removed with the purchased lots.

There is One Percent (1%) Buyers Premium to the Buyer. Applicable Sales Tax will be added to the purchase price of all taxable items. Dealers who purchase for resale must pay said sales tax or provide a resale certificate to the Auction Company Office in the name of the registrant. Purchase must also comply with all local laws and all ordinances regarding sale property at auction. ALL TITLES WILL BE RELEASED WITHIN TEN (10) BANKING DAYS.

Auctioneer and/or seller does not accept responsibility for the failure of any equipment said to meet the safety standards on classifications of equipment by the Department of Labor, Safety and Health regulations, OSHA, Federal OSHA, or the environmental protection agencies. It is the express responsibility of the buyer to determine what safety equipment must be in service on any machinery purchased and to comply with those regulatory requirements prior to using any equipment, machinery or vehicles purchased.

Notice to Attendees: Persons attending are notified that an Auction Site is a potentially dangerous place. Flammable, noxious, corrosive and pressurized substances are present, heavy equipment is being operated and electric circuits may be live. Every person at the Auction Site before, during and after the auction sale shall be deemed to be there at his or her own risk with notice of the condition of the premises, the activities on the premises and the conduct of third parties and any registered bidder shall so advise his agents and employees. No persons shall have any claim against the Auctioneers, their agents, employees or principals for any injuries sustained, nor for damages to or loss of property which may occur from any cause whatsoever.