TERMS; A 13% BUYER''S PREMIUM WILL BE ADDED TO THE FINAL BID PRICE. ITEMS CAN BE PAID PRIOR TO PICKING UP, OR WHEN PICKED UP. ALL ITEMS MUST BE PAID IN FULL BEFORE PICKING UP. PAYMENTS ACCEPTED ARE CASH, CHECK, VISA, MASTERCARD, & DISCOVER. IF THE AMOUNT IS OVER $500.00 AND WE CHOOSE, YOU MAY BE ASKED TO PAY BY WIRE TRANSFER OR CERTIFIED BANK CHECK. ONCE YOU HAVE ESTABLISHED BUSINESS WITH US, WE WILL THEN TAKE OTHER FORMS OF PAYMENT. A $10.00 HANDLING FEE WILL BE CHARGED ON ANY ITEMS NOT PICKED UP BY DEADLINE. IF THERE ARE SEVERAL ITEMS THE HANDLING FEE WILL BE HIGHER. THIS IS NOT A SERVICE WE OFFER, BUT A FINE WE CHARGE. PLEASE BE COURTEOUS AND TRY TO MAKE THE PICKUP.
ALL ITEMS ARE SOLD ON AN "AS IS,WHERE IS" BASIS.
ALL DESCRIPTIONS ARE BELIEVED TO BE ACCURATE, BUT NOT WARANTEED.
AUCTION COMPANY RESERVES THE RIGHT TO REJECT ANY BID AT THEIR SOLE DISCRETION.
PICKUP TIME IS ENFORCED UNLESS OTHER ARRANGEMENTS HAVE BEEN MADE. WE DO NOT BRING BACK LARGE ITEMS! IF YOU BUY LARGE ITEMS, IT IS UP TO YOU TO PICK THEM UP. IF OTHER ARRANGEMENTS ARE MADE FOR ITEM PICKUP, A $10.00 HANDLING FEE WILL BE CHARGED. IF THERE ARE MORE ITEMS, A HIGHER AMOUNT MAY BE CHARGED. THIS IS NOT A SERVICE BUT A FINE! PLEASE TRY TO MAKE THE PICKUP TIME!
YOU MUST BRING YOUR OWN HELP, PACKING, & BOXES, WHATEVER YOU NEED TO GET YOUR ITEMS. WE DO NOT HAVE ITEMS PACKED FOR YOU AND WE DO NOT HAVE PEOPLE TO HELP LOAD!
IF YOU HAVE ANY QUESTIONS, FEEL FREE TO CALL THE AUCTION COMPANY. WE WILL DO OUR BEST TO ANSWER ALL OF YOUR QUESTIONS.
ADDITIONAL TERMS: Indemnification and Hold Harmless The undersigned, together with its/his/hers respective employees, agents, attorneys, representatives, predecessors, successors, family members, heirs, assigns, and any other person or entity asserting claims through them, hereby agree to indemnify and hold harmless AUCTIONS BY SCHACKMANN, together with their respective officers, directors, shareholders, members, employees, agents, attorneys, representatives, successors, predecessors, family members, heirs and assigns, jointly and severally, from any and all actions, claims, damages, demands, losses, expenses, costs, attorneys' fees, payment or repayment of any and all debts, and any and all obligations, causes of action, suits and liabilities whatsoever, asserted by or on behalf of the undersigned or its agents or suppliers regarding the services performed by AUCTIONS BY SCHACKMANN, or its agents, in relation to the auction, delivery or shipment of equipment/items to the undersigned from individual or entity contracting for the auction.
Attorney's fee. In the event that the undersigned breaches the instant AGREEMENT or shall bring any action, suit or other proceeding against any other party (a) on account of any claim, demand, debt, liability, obligation, account action or cause of action; (b) contesting the validity of this Agreement, or any portion hereof; (c) attempting to enforce, remedy and/or obtain relief from any alleged breach of this Agreement or any part hereof; and/or (d) attempting to rescind, negate, modify and/or reform this Agreement, or any part hereof, then AUCTIONS BY SCHACKMANN shall be entitled to recover all of its reasonable attorneys' fees and costs incurred, including any appeals or petitions therefrom, from the undersigned, upon becoming the prevailing party.
Payment/no setoff. All payments required to be paid by the undersigned herein or hereunder are absolute, unconditional and shall not be subject to any abatement, reduction, set-off, counterclaim, recoupment, defense or other right which the undersigned may have against the supplier of the Equipment or items or any other party, including AUCTIONS BY SCHACKMANN
Acceptance. The undersigned's receipt of the Equipment or items shall constitute acceptance thereof unless the undersigned, at the time of the delivery of the Equipment/items, shall provide written notice specifying any material defect therein caused by AUCTIONS BY SCHACKMANN, unless excused herein. By acceptance of the Equipment and items, the undersigned waives any defense, setoff, or counterclaim that it may have against AUCTIONS BY SCHACKMANN, or its agents, relating to or arising out of the Equipment or times.
Remedies. In the event that the undersigned defaults on this AGREEMENT between the parties hereto, AUCTIONS BY SCHACKMANN is entitled to any remedies available to AUCTIONS BY SCHACKMANN under Illinois law.
Cumulative rights. All rights and remedies are cumulative, and the exercise of any right or remedy provided hereunder shall be without prejudice to the right to exercise any other right or remedy provided herein, by law or equity.
