Lot # : 121 - Allis-Chalmers 4W-305 Tractor w/Cab Die Cast

Please review this document carefully. This document creates certain legally binding contractual obligations. In order to register and receive access to the interactive online bidding platform, a Bidder must accept and acknowledge these Terms and Conditions. 1. Any bid placed shall constitute a legally binding and enforceable offer to purchase the subject personal property. All bids therefore constitute an irrevocable offer to purchase and shall remain valid and enforceable until the Seller declares the property "Sold" and the auction has concluded. 2. Auctioneer reserves the right to reject any bid placed. Auctioneer agrees to timely advise any bidder of a rejected bid. 3. The Winning Bidder covenants and agrees to purchase the subject personal property at the price of the winning bid, and upon the terms and conditions hereinafter provided. The bidder agree's to the charges billed on their credit card following the auction and waives the right to dispute the charges in any such case. 4. Within 48 hours of the close of the auction event, the Winning Bidder for the property shall receive an e-mail from Westfork Auction & Real Estate LLC which will detail a date, a time, and a location for the retrieval of the subject personal property, subject to further specific arrangements of the parties, including options for shipping and electronic payments. 5. You are solely responsible for the safe and timely pick-up and removal of any items you may win at auction. If you are unable to safely pick up and remove your items during the removal times that have been scheduled for this sale, PLEASE DO NOT BID. Westfork Auction & Real Esate LLC will offer shipping but will not automatically ship to out of state bidders. Westfork Auctions & Real Estate LLC requires that bidders needing items shipped respond to the confirmation email that is sent out at the final close of the auction. When payment is made by credit card, Westfork Auctions & Real Estate LLC ships to the billing address on the credit card. The Auctioneer is not obligated to issue you a refund if you are unable to pick up and safely remove your items during the published pick up times. 6. Failure to appear at the appointed date, time, and location by the Winning Bidder, shall be considered an act of default by the Winning Bidder, and the Seller shall be entitled to pursue any and all legal and equitable remedies against the Winning Bidder which are available to Seller pursuant to the laws of the jurisdiction of the State of Illinois. In the event that Seller and/or Auctioneer file suit against Winning Bidder, Seller and/or Auctioneer shall be entitled to recover all reasonable attorneys' fees, costs and expenses incurred. 8. Buyer understands that lack of communication/ not appearing at pick up may result in the invoice being charge to the registered credit card plus any fees associated with resources required to transport/store your items for alternate pick up. 9. By registering and bidding, the Buyer acknowledges that they have submitted themselves to the personal jurisdiction of the State of Illinois. Buyer acknowledges that any and all disputes shall be governed by Illinois Law, conflicts of laws provisions notwithstanding, and that any and all litigation associated with any purchase and sale hereunder shall be filed in the Fifth Judicial Circuit, Coles County, Charleston, Illinois. 10. Time shall be of the essence as to all of Buyer's obligations. 11. The Seller, Broker, Auctioneer and their representatives, attorneys, agents, and sub-agents, assume no liability for errors or omissions in this or any other property listing or advertising or promotional/publicity statements and material. The Seller, Broker, Auctioneer and their representatives, attorneys, agents and sub-agents, make no guarantee as to the accuracy of the information herein contained or in any other property listing or advertising or promotional/publicity statements and material. 12. You acknowledge that if it is possible Westfork Auctions & Real Estate LLC will provide you with the opportunity to inspect the items being offered for online auction. If a preview is available, Westfork Auctions & Real Estate LLC strongly encourages you to attend the scheduled inspection for all our online auctions, which will take place on a specific date, time and location. If you choose not to attend the scheduled inspection or are in doubt about the condition, completeness, or suitability of a given item, please bid accordingly. You are given an opportunity to inspect the items being offered for sale in this auction, you acknowledge and agree that, by bidding on a given item, you have had a full and fair opportunity to inspect such item, and that you are relying solely on, or that you have waived, such inspection and investigation (a) in determining whether to bid, (b) in determining the amount of a bid, and (c) in bidding. In situations where there is no ability to preview/inspect items you may request additional photos and details. 13. The Property is sold in its "AS IS" condition with all faults and limitations and no warranties expressed or implied, and Seller and Auctioneer specifically disclaim any and all implied warranties, including the warranty of fitness for a particular purpose. All Bidders are encouraged to inspect the Property prior to placing any bid and the Winning Bidder, as Buyer, acknowledges that he/she/it has had a reasonable opportunity to inspect and examine the condition of the Property and make inquiries of knowledge persons. All information was derived from sources believed to be correct, but is not guaranteed. Bidders shall rely entirely on their own information, judgment, and inspection of the Property and records. 14. By registering and bidding, the Buyer acknowledges they understand, accept and agree to these Terms and Conditions. 15. Whether you are a new or returning bidder, you agree that if any of the information associated with your bidder account - including contact information and credit card information - changes at any time prior to, during, or after this sale, you will notify the Auctioneer of the change. 16. We want everyone to get a good deal and enjoy the online auction experience. However, when you bid on the wrong item or decide an item is not suited for your intended use, neither our sellers nor our auction company will assume the cost of your mistakes. You agree that your failure to inspect or otherwise become fully informed about the items offered for sale in this auction will not be grounds for a refusal to pay amounts due, nor for any claim against the Auctioneer. 17. Seller and Auctioneer cannot, and will not, be held responsible for any interruption in service, errors, and/or omissions, caused by any means, therefore they cannot guarantee continual, uninterrupted or error free service as the website could be interfered with by means out of their control. Bidder acknowledges that the online auction is conducted electronically and relies on hardware and software that may malfunction without warning. 18. You should refresh your browser often to view the most up-to-date bid information, and should carefully review every bid you choose to make before submitting that bid. Westfork Auctions & Real Estate LLC will not automatically assume that any bid - even a bid that increases your own, lower bid - was made in error. Many bidders routinely increase their own bids to price an item out of the reach of other bidders. You understand and agree that you will be held responsible for having made all bids that are made using your account, even when such bids are made in error. If you mistakenly increase your own bid at any time during the auction, or make some other bidding error (e.g. placing your bidder number in the price field), you must immediately contact the Auctioneer. 19. All aspects of this auction are subject to change without notice. Westfork Auctions & Real Estate LLC reserves the right to - at any time and in the Auctioneer's sole and absolute discretion - (a) add or remove items from the auction, (b) split or combine lots, (c) add minimum bids or reserve prices, (d) cancel, suspend, extend, or reschedule the sale of an individual item, lot, auction, and/or auction event, (e) make changes to the auction's closing, inspection, or removal times, (f) reopen the bidding in its sole and absolute discretion, or (g) take any other action the Auctioneer deems necessary to effect the fair conduct of this sale or protection of buyers', sellers', or other parties' interests. In the event a seller withdraws an item from this auction prior to the close of the auction, the Auctioneer may leave the item on the catalog and buy the item back on behalf of the seller to establish the Auctioneer's earned commission and the buyer's premium due to the Auctioneer from the seller. 20. Westfork Auctions & Real Estate LLC is having online bidding along side our LIVE auction. 21. At the conclusion of this auction, the credit card associated with your account will automatically be charged. The credit card information associated with your account will be held until auction pick up has completed. (a) Suspension: You understand and agree that if, at the end of this auction if you do not appear at pick up and Westfork Auctions & Real Estate LLC is twice unable to charge your credit card for the entire amount of your purchases, Westfork Auctions & Real Estate LLC may suspend your online bidding privileges indefinitely. Westfork Auctions & Real Estate LLC may reinstate suspended accounts in the Auctioneer's sole and absolute discretion. (b) Chargebacks Prohibited: You agree that you will accept all charges placed on the credit card associated with your account, and you agree that you will not charge back any amount that the Auctioneer charges to your credit card. 21. Buyer's Premium: 15% Buyer's Premium will be applied to all winning bids. 22. You understand and agree that any violation of these Terms and Conditions - and/or any unsafe or illegal activity during any auction-related event - may result in Westfork Auctions & Real Estate LLC suspending your online bidding privileges indefinitely. Any Bidder's attempt to re-register after having been suspended - whether directly by creating a new account or indirectly by using or directing the use of a third party's account - will constitute a breach of these Terms and Conditions, and may expose the Bidder to civil and criminal liability for fraud. The Auctioneer further reserves the right to refund the Bidder and eject any Bidder or agent thereof from any premises if the Bidder becomes disruptive. In the event such an ejection, it will be within the Auctioneer's discretion to refund any amounts paid by the ejected Bidder. Nothing in this paragraph will limit the Auctioneer's right to any other remedies at law or in equity. 23. The Registered Bidder acknowledges receipt and copy of these Terms and Conditions, and having read and understood the provisions set forth therein, accepts same and agrees to be bound thereby IF YOU MISS SCHEDULED PICKUP: Items not picked up at scheduled pickup time will be stored for 5 days. We will charge outstanding invoices to credit cards on registration file. You will be emailed a paid receipt. Items left at our facility longer than 5 days from original pickup date are forfeit and become property of Westfork Auction & Real Estate LLC. SHIPPING CUSTOMERS Shipping: --- After the auction closes we send confirmation emails to the email address on your bidder registration. --- Be sure to check your spam box or set westforkauctions@gmail.com as an approved sender. --- Respond to that email with confirmation of your shipping address. ---Items are shipped to billing address on credit card. Items marked WILL NOT SHIP will need to have transportation arranged BY THE BUYER. Westfork Auction & Real Estate LLC will ship most items at Buyer's expense via UPS, USPS or FedEx. For those wishing to pick-up locally, please pick up on designated pick up day.. ** Westfork Auction & Real Estate LLC reserves the right to deliver any items they deem fragile to the local UPS store for packaging & shipping. There will be an additional $5 - $15 handling fee per package. Each lot that needs to be pallet shipped will also incur an extra $25 charge for time and supplies. ** NOTICE: Other items that may require special handling, disassembling, extra time or supplies may incur extra charges. Shipping refunds are determined by USPS, Fedex or UPS and will not include the 15% BP. If you are contemplating purchasing an item that could require specialized care, packing material or arrangements contact Westfork Auction & Real Estate LLC via email: westforkauctions@gmail.com authorizes Westfork Auction and Real Estate, LLC to bid on behalf of absentee bidders at the sole discretion of the Auctioneer. Owner authorizes Westfork Auction and Real Estate, LLC to contract with additional Auctioneers at Westfork Auction and Real Estate, LLC discretion to assist in the conduction of the auction.