TERMS AND CONDITIONS OF SALE (“TERMS AND CONDITIONS”)
1. By clicking the “Agree – Join Auction” button or signing the Bidder’s Registration Agreement, as applicable, the bidder/buyer ("you" or "your"), accept that these Terms and the site-specific terms as printed in the catalog or noted in the online listing and the local auction site landing page, as applicable, constitute the entire agreement between you and Keith Little Auctions (“us” or “we”) regarding the use of our bidding services with respect the auction and your on-site or online participation in the auction. Upon acceptance, we grant you the right to bid at the auction. We reserve the right to refuse any applicant the privilege of bidding, and we may revoke such privilege at any time. You acknowledge that: (a) we act as an agent of each consignor (collectively, the “Consignors”); and (b) the privilege to bid at the auction is being granted in reliance upon the representations, limitations, exclusions and disclaimers described in these Terms and those elements form an essential basis of the agreement between the parties. These Terms will survive and continue to apply in the event we suspend or revoke your right to attend or bid at the auction.

2. The auction will be conducted by offering the items by lot and/or stock number (“Lot”) , either individually or in groups. The highest bidder whose bid we accept shall be the purchaser and no purchaser shall retract a bid. All sales are final.

3. You, whether acting as principal, agent, officer or director of a business entity or otherwise, in any capacity whatsoever, and the business entity you represent, both JOINTLY AND SEVERALLY agree: (a) to indemnify and save us and our Consignors harmless from any and all causes of action and losses arising from your, your employees or other representatives’ attendance at the auction site, inspection of items or taking part in the auction; (b) to be responsible for the payment of the purchase price and taxes, due on all of your purchases, regardless of whether you remain in possession of your assigned bidder number or not; (c) that all rights and defenses available to us hereunder shall extend to the Consignor.

4. We may, at any time, without notice or liability to you: (a) withdraw or cancel the sale of any Lot or stock number item, (b) extend the bidding deadline, or (c) offer any Lots in groups or with privilege.

5. You acknowledge that we cannot guarantee the continuous or secure operation of, or access to, our mobile, web-based bidding platform and applications, or our timed auction lot terminal hardware. Our servers, computer or communications components and systems, or certain application functionality, are subject to failures, outages and delays beyond our control. We will not be held liable for any claims or alleged losses arising out of or relating to any of the foregoing events.

6. You shall not, directly or indirectly, bid on any Lot: (a) of which you are the Consignor or associated of the Consignor; or (b) on behalf of any other person who is the Consignor or an associated of the Consignor of such Lot.

7. THERE SHALL BE NO GUARANTEES OR WARRANTIES, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE OF ANY NATURE WHATSOEVER IN RESPECT OF THE LOTS OFFERED AT THE AUCTION. MAKE YOUR OWN INSPECTIONS AND DRAW YOUR OWN CONCLUSIONS BEFORE BIDDING.EACH AND EVERY LOT WILL BE SOLD “AS IS, WHERE IS”. SPECIFICALLY, BUT WITHOUT LIMITATION, WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY OF THE LOTS: (A) CONFORM TO ANY STANDARD IN RESPECT TO SAFETY, POLLUTION OR HAZARDOUS MATERIAL OR TO ANY STANDARD OR REQUIREMENT OF ANY APPLICABLE AUTHORITY, LAW OR REGULATION, OR (B) ARE FIT FOR ANY PARTICULAR PURPOSE, OR (C) ARE MERCHANTABLE OR FINANCEABLE, OR (D) ARE OF ANY PARTICULAR AGE, YEAR OR MANUFACTURE, MODEL, MAKE OR CONDITION, OR (F) ARE IMPORTABLE INTO ANY PARTICULAR COUNTRY OR THAT ALL THE SUPPORTING DOCUMENTATION IS PRESENT. YOU AGREE THAT YOU HAVE SATISFIED YOURSELF AND ARE NOT RELYING ON US, NOR ARE WE LIABLE, FOR ANY MATTER IN RESPECT OF THE ABOVE. YOU FURTHER AGREE TO REPAIR, AT YOUR COST, ANY LOT PURCHASED AT THE AUCTION TO A SAFE OPERATING CONDITION AND, WITHOUT LIMITATION, TO A CONDITION WHICH MEETS ANY STANDARD OR REQUIREMENT OF ANY APPLICABLE AUTHORITY, LAW OR REGULATION INCLUDING THOSE CONCERNING ANY USE TO WHICH THE LOT MAY BE PUT. ALL SALES ARE FINAL.

8. You acknowledge that an auction site is a potentially dangerous place and hereby release us, our affiliates and our and their respective agents and employees from any and all claims and alleged losses, whether known or unknown, arising out of or relating to any injuries or harm sustained, or for damages to, or loss of, property, which may occur from any cause whatsoever.

9. We shall settle any dispute arising as to any bidding and we may put the item(s) in dispute up for sale again. We reserve the right to set bidding increments for each Lot and to refuse any bid which does not meet the applicable bidding increment.

10. Purchases become the responsibility of and shall be and remain at your risk immediately upon acceptance of your bid. It is your responsibility to insure your purchases immediately. We shall not be responsible for any loss or damage to any Lot.

11. Each Lot purchased online will be subject to a buyer’s premium of five percent (5%). All applicable sales taxes will be collected. Tax-exempt buyers must provide Keith Little Auctions with proof of their tax-exempt status. (resale number, veteran exemption, farm tax ID, etc.) In addition, a $15.00 wire transfer fee must be added to all wire transfers. A $20.00 title fee will be applied to all titled assets.

12. Full payments are required via wire transfer within 3 business days of the end of the auction (unless prior arrangement is made -- ie cash at pickup,). No items will be released until payment is made in full. Out of United States purchases MUST BE PAID BY WIRE TRANSFER, without exception. An invoice will be sent to the email address registered with “Equipmentfacts.com” after the sale concludes. Included with the invoice will be the address to conduct the wire transfer.

13. Shipping or pickup is sole responsibility of buyer. The buyer shall not be entitled to possession of any purchases until the total purchase price of all of your purchases have been fully paid including all applicable taxes and fees. In the event you fail to pay the full amount due on any Lot within the prescribed time or fail to comply with any other of these Terms, we shall retain a possessory lien on all of your purchased Lots and have the right to resell such Lots by public or private sale without providing you with notice of any kind. Should we resell any Lot, the net proceeds therefrom (after deducting commission of 5% buyer’s premium on all Lots resold, any storage fees, and any other costs incurred due to the buyer's failure to comply with terms outlined herein) shall be credited to your original account and you shall upon demand, pay us, as damages, any deficiency arising from the resale.

14. All purchases must be removed from the auction site within 7 business days of funds being cleared (unless other arrangements are made). The buyer shall bear all costs, responsibility and risk of such removal. We cannot guarantee loading assistance. We reserve the right to require proof of adequate insurance coverage from you for purchases requiring dismantling, modification rigging or hot cutting. You agree to indemnify and save both the Consignor and us harmless against any damage caused by your acts. If for any reason you fail to remove any purchase within the time specified, the purchase shall be subject to storage charges of $25 per day, and, after 20 days, may be deemed abandoned. In such event, we may resell it per the specified term above (13), or remove and store the purchase at your sole risk and expense. You shall be liable for any rent incurred or damages suffered by us because of your failure to remove any purchased Lot.

15. No sale shall be invalidated by reason of any defect or inaccuracy in any of the Lots by reason of their being incorrectly described on our website, catalog or elsewhere and we shall bear no liability in respect of any such fault or errors. The listings have been prepared as a guide only, based on the information from sources we believed to be reliable and from the Consignor; but we cannot guarantee or warrant their accuracy. It is your responsibility to inspect all equipment and to make your own inquiries prior to bidding. WE ENCOURAGE IN PERSON INSPECTION

16. All necessary documents will, if available, be mailed within ten (10) banking day of collection of funds for the purchased Lots. Availability of documents is subject to provision of the same by Consignor. Documents provided will be prepared to be effective only in the jurisdiction in which the auction is being conducted.

17. If, for any reason whatsoever, we are unable to make available or otherwise effect delivery of any Lot or clear title to same, or any necessary documentation required in respect of any Lot, whether before or after delivery of such Lot, our sole liability, if any, shall be the return of any monies paid by you to us to purchase such Lot upon return of the particular Lot. Any Lot for which clear title cannot be provided shall be returned and surrendered to us upon demand.

18. You shall pay interest on overdue amounts at a rate of 18% per annum or at such other maximum rate as allowed by law, together with any legal or collection costs we incur.

19. These Terms may not be amended except by mutual agreement. You may not assign any rights or benefits under this Agreement without our prior written consent.

20. We collect and use the information supplied by you during the registration process for the purposes of identifying you and your individual representative as the bidder and processing your bids and purchases of items and/or other auction-related services you contract or request us, and/or our affiliates or service providers, to perform or supply or that are necessary to complete your purchases. If you authorize or where the law permits, Keith Little Auctions will communicate with you by electronic means about the products and services of its multi-channel solutions. Reasonable safeguards are used to maintain protections for personal information.

21. We encourage self (in person) inspections of all items before bidding. Call with questions regarding this auction before bidding on items.