TERMS OF SALE

NOTICE: All potential bidders and buyers participating in this sale agree that they have read and have full knowledge of these terms and agree to be bound thereby in all respects as a condition of and in consideration for the right to bid.

COMPLIANCE WITH TERMS OF SALE: In the event of default in the payment of invoices in full within the time therein specified, the M. Davis Group, LLC in addition to all other remedies allowed by law may retain all monies received as deposit or otherwise, as liquidated damages. Items not paid for in full 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. Your participation and bidding are considered a LEGALLY BINDING CONTRACT and make you fully subject to these terms. If you are not in full agreement with these terms you should not bid.

ONLINE BIDDING: This auction will require a credit card deposit. Your credit card, added through the Bidspotter.com fully secure and PCI compliant registration process, will be charged a refundable deposit equal to 25% of anticipated purchases, with a $2,500.00 minimum, in order for you to be approved and allowed to bid within the auction. If you would like to make alternate arrangements for this deposit, please call our office at 412-521-5751. NO ONE WILL BE APPROVED TO BID WITHOUT A DEPOSIT. When bidding, the Buyer’s Premium is 13%. When bidding online, the Buyer’s Premium is 16%.

CREDIT CARD PAYMENTS: Payments via credit card are accepted up to a $20,000 final invoice total, in addition to a 4% credit card fee. Any invoice total larger than $20,000 must be paid by wire transfer or certified check. Your deposit, including the 4% credit card fee may be applied to your final invoice amount, even if your final invoice is larger than $20,000. By registering for the auction, you authorize that additional payments may be taken automatically from the active credit card with which you registered.

OTHER METHODS OF PAYMENT: Total payments in full must be received within 24 hours following the close of the auction either in cash, by credit card, by cashier’s check, or by wired funds. Payments by check require a seven (7) business day holding period before related equipment can be removed. International buyers must pay in cash or wire transfer.

TAXES: BUYERS ARE RESPONSIBLE FOR PAYING ALL STATE, LOCAL, AND FEDERAL SALES AND USE TAXES, AS WELL AS VAT OR ANY SIMILAR TAXES. Buyer is responsible for any costs, fees, and documentation relating to cross border transactions including customs and duties charges.

TERMS OF REMOVAL: You acknowledge and understand that mandatory rigging fees will apply. A defined schedule for removal will be posted and adhered to for the sale. No item can, on any account, be removed during the sale. Removal shall be at the sole expense, risk, and liability of the buyer, including, without limitation, any liability for damages to the premises or damages as a result of the release of any hazardous or toxic materials. The buyer agrees to comply with all applicable federal, state, and local governmental safety standards in removing items purchased. Purchases may be removed only upon presentation of a paid bill of sale for all items sold to the same buyer. M. Davis Group, LLC shall not be responsible for goods not removed within the time allowed. The ownership of all items or lots not removed in the time allowed will revert to the owner of those items or lots prior to sale, and the items or lots immediately will become eligible for resale. You understand that no liens or economic rights will attach to any items or goods not both timely paid in full and timely removed. Any deposit or amount paid for items not both timely paid in full and timely removed shall be considered liquidated damages and will not convey any ownership, right, title, or other interest in or to the items in question. All purchases made at this sale are at the buyer’s risk as soon as they are announced sold by M. Davis Group, LLC. M. Davis Group, LLC and its principals and the owner of the items immediately prior to sale shall have no liability whatsoever for any loss or damage to items for any reason whatsoever once announced sold. M. Davis Group, LLC bears no responsibility for rigging or removal, including for the selection or provision of any riggers. FOR BUYERS WHO INTEND TO SHIP PURCHASES INTERNATIONALLY, THE BUYER IS RESPONSIBLE FOR COMPLETING ANY PAPERWORK THAT MAY BE REQUIRED FOR SHIPPING/CROSSING OVER INTERNATIONAL BORDER(S). Under no circumstances will the liability of M. Davis Group, LLC to buyers for or in any way related to any items or lots exceed the buyer’s premium earned by M. Davis Group, LLC. on any given item or lot.

CLAIMS: No claims of any kind or character will be allowed after removal of goods from the sale premises.

CONDITION OF ARTICLES SOLD: M. Davis Group, LLC shall not be responsible for the correct description, genuineness, authenticity of, or defect in any item or lot, and makes no warranty of any kind and character in connection therewith. No sale will be set aside nor allowance made on account of any incorrectness, error in cataloging, or any imperfection not noted. Buyers are advised to carefully inspect all items or lots before bidding. Bidding by a buyer signifies the buyer’s full acceptance of the item or lot in its present condition. As such, no deduction will be allowed on damaged articles and all items and lots being exposed for public exhibition are sold "as is," "where is," “without warranty,” and "with all faults."

ADDITION TO OR WITHDRAWAL FROM SALE: M. Davis Group, LLC reserves the right to withdraw from sale any of the items or lots listed or to sell at this sale items or lots not listed, and also reserves the right to group one or more items or lots into one or more selling lots or to subdivide into two or more selling lots. Whenever the best interest of the owners of the items or lots will be served, M. Davis Group, LLC reserves the right to sell all the items or lots listed, in bulk, to the buyer of its choice.

ADDITIONAL TERMS AND CONDITIONS: M. Davis Group, LLC may add other terms and conditions of sale, such additional terms and conditions to be announced prior to the auction.

SEVERABILITY: If any provision of these Terms of Sale is held to be illegal, invalid, or unenforceable in whole or in part, the legality, validity, and enforceability of the remaining provisions shall not be affected.

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