Lot # : 920AW - CAT 365C Front Shovel

ONLINE AUCTION TERMS AND CONDITIONS REFER TO LOT 1 FOR AUCTION CLOSE TIME. BIDDING ACTIVITY WILL EXTEND, 3 MINUTES, PER LOT, IF THERE IS BIDDING ACTIVITY IN THAT LOT IN THE LAST 3 MINUTES. ALL ITEMS SOLD "AS IS, WHERE IS" WITH NO WARRANTY. ALL SALES ARE FINAL. THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY GOODS OFFERED IN THIS SALE. THE ITEMS ARE AVAILABLE TO THE PUBLIC FOR INSPECTION PRIOR TO THE START OF THE AUCTION CLOSING. SMITH AUCTIONS LLC (OFFICERS, MEMBERS, AGENTS & EMPLOYEES) MAY ATTEMPT TO DESCRIBE THE MERCHANDISE IN ADVERTINSING, ON THE INTERNET BUT MAKES NO REPRESENTATIONS. IN NO EVENT SHALL SMITH AUCTIONS LLC (OFFICERS, MEMBERS, AGENTS & EMPLOYEES) BE HELD RESPONSIBLE FOR HAVING MADE OR IMPLIED AND WARRANTY OF MERCHANTABLILITY OR FITNESS FOR A PARTICULAR PURPOSE. SMITH AUCTIONS LLC (OFFICERS, MEMBERS, AGENTS & EMPLOYEES) WILL NEITHER BE HELD RESPONSIBE FOR ACCIDENTS, NOR ERRORS, DELETIONS OR OMISSIONS. NO CREDIT OR ADJUSTMENTS WILL BE ALLOWED IN ANY FORM OR AMOUNT. THE BUYER RELIES EXCUSIVELY ON HIS/HER PRE-AUCTION INSPECTION AND EACH LOT IS SOLD WITH ALL FAULT AND DEFECTS THEREIN. THE BUYER SHALL TAKE FULL RESPONSIBILITY AND ASSUME ALL RISK OF SAID EQUIPMENT AND OR ITEMS FROM THE TIME THE AUCTION COMPANY ACCEPTS THE FINAL BID FROM THE BUYER. PLEASE INSPECT BEFORE YOU BID AND BUY. BUYERS OUTSIDE THE CONTINENTAL 48 STATES MUST PAY WITH CASH OR WIRE TRANSFER (ADDITIONAL $10.00 FEE WILL BE ADDED TO INVOICE) TERMS OF THE SALE ARE, CASH, GOOD CHECK, MASTER CARD, DISCOVER OR VISA. ALL ITEMS MUST BE PAID FOR WITH IN 5 DAYS OF AUCTION END, WITH NO EXCEPTIONS. 5.5 % SALES TAX, WHERE APPLICABLE. 12% BUYER'S FEE NOT TO EXCEED $750.00 (PER ITEM) 4% BUYERS PREMIUM 4% DISCOUNT FOR CASH OR CHECK PAYMENTS (LATE PAYMENTS NOT SUBJECT TO DISCOUNT) $25.00 PROCESSING FEE ON ALL TITLED VEHICLES, TITLE & LICENSE FEES EXTRA AFTER BUYER PLACES A BID, IT CANNOT BE RETRACTED. AFTER A BID IS MADE, SAID BID IN THE SOLE DISCRETION OF SMITH AUCTIONS LLC MAY BE ACCEPTED AND CREATE A LEGALLY BINDING CONTRACT. BUYER SPECIFICALLY AKNOWLEDGES SMITH AUCTIONS LLC'S POLICY ON BID RETRACTION SUPERSEDES ANY CONTRARY PROVISIONS OF WIS. STAT. §402.328 SALE BY AUCTION OR OTHER APPLICABLE LAW. ANY INDIVIDUAL FOUND TAMPERING WITH ITEMS ON THIS AUCTION WILL BE PROSECUTED TO THE FULLEST EXTENT OF THE LAW. BUYER WILL INDEMNIFY AND HOLD SMITH AUCTIONS LLC (AND OUR AFFILIATES AND SUBSIDIARIES, AND OUR AND THEIR RESPECTIVE OFFICERS, MEMEBERS, AGENTS AND EMPLOYEES) HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE LEGAL FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR IMPROPER USE OF SMITH AUCTIONS LLC SERVICES OR YOUR BREACH OF ANY LAW OR THE RIGHTS OF A THIRD PARTY. YOU AGREE THAT THE LAWS OF THE STATE OF WISCONSIN WILL GOVERN THE TERMS AND CONDITIONS BETWEEN YOU AND SMITH AUCTIONS LLC, EXCEPT AS OTHERWISE STATED IN THE TERMS AND CONDITIONS. YOU AGREE THAT ANY CLAIM OR DISPUTE THAT HAS ARISEN OR MAY ARISE BETWEEN YOU AND SMITH AUCTIONS LLC MUST BE RESOLVED EXCLUSIVELY BY ST. CROIX COUNTY CIRCUIT COURT IN THE STATE OF WISCONSIN. DISPUTES CONCERNING FEDERAL LAW WILL BE RESOLVED IN THE WESTERN DISTRICT OF WISCONSIN. YOU AND SMITH AUCTIONS LLC AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THE COURTS LOCATED WITHIN ST. CROIX COUNTY WISCONSIN FOR THE PURPOSE OF LITIGATING ALL SUCH CLAIMS OR DISPUTES. IF ANY PROVISION OF THESE TERMS AND CONDITIONS ARE HELD TO BE INVALID, VOID OR FOR ANY REASON UNENFORCEABLE, SUCH PROVISION SHALL BE STRUCK OUT AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS. IF BUYER FAILS TO PAY IN FULL, BUYER (A) AUTHORIZES OWNER AND/OR AUCTION COMPANY TO RESELL SUCH PROPERTY AT ANY TIME AT PUBLIC OR PRIVATE SALE, (B) AGREES TO INDEMNIFY OWNER AND/OR AUCTION COMPANY AGAINST ALL LOSS OR DAMAGE UPON SALE, TOGETHER WITH COST AND EXPENSES THEREOF, INCLUDING ATTORNEYS FEES ALLOWED BY LAW, IF ANY AND (C) AGREES TO PAY AUCTION COMPANY INTEREST OF 1.5% PER MONTH ON UNPAID BALANCE. BUYER ACCEPTS FULL RESPONSIBILITY FOR ALL PURCHASES MADE AND HOLDS THE COMPANY FREE FROM ANY LIABILITIES INCLUDING THEFT OF ITEMS. THE BIDDER IS BOUND BY THESE TERMS. STORAGE FEES COMMENCE ON THE FIFTH (5TH) DAY AFTER AN ITEM HAS BEEN PURCHASED. STORAGE FEES ARE $30 PER DAY, NO DISCOUNTS WILL BE APPLIED. ITEMS ARE CONSIDERED ABANDONED IF NOT PICKED UP WITHIN FIFTEEN (15) DAYS OF PURCHASE. IF AN ITEM IS ABANDONED, BUYER IS STILL RESPONSIBLE FOR MAXIMUM STORAGE FEES OF $200 AND ANY OTHER DAMAGES INCURRED BY SMITH AUCTIONS LLC AS SET FORTH IN THESE TERMS AND CONDITIONS. ONLINE GUN AUCTION TERMS •ALL TRANSFERS WILL BE CONDUCTED BY MIDWEST GUN SALES •$20.00 TRANSFER FEE PER FIREARM. NO TRANSFERS ON BARRELS OR UPPERS. •LONG GUN BUYERS MUST BE AT LEAST 18 YEARS OLD. •HANDGUN BUYERS MUST BE AT LEAST 21 YEARS OLD. •ALL FIREARM SALES ARE SUBJECT TO ALL FEDERAL AND STATE FIREARM REGULATIONS •ALL OUT OF STATE BUYER REGULATIONS APPLY •OUT OF STATE FIREARM PURCHASES MUST HAVE FIREARM SHIPPED TO LICENSED FFL DEALER IN THE STATE THEY HAVE RESIDENCY IN •ALL FIREARMS NOT PICKED UP IN PERSON AT SMITH AUCTIONS LLC MUST BE SHIPPED TO A LICENSED FFL DEALER. ALL SHIPPING & TRANSFER FEES AND CHARGES MUST BE PAID BY THE PURCHASER •SHIPPING OF FIREARMS WILL BE HANDLED BY MIDWEST GUN SALES, BUYERS RESPONSIBLE FOR ALL SHIPPING CHARGES •FIREARMS UP FOR BIDS HAVE NOT BEEN INSPECTED BY A GUNSMITH***ALL SALES ARE FINAL*** NO REFUNDS OR EXCHANGES - RECOMMENDED TO INSPECT BEFORE BIDDING •FIREARMS WILL NOT BE SOLD TO BIDDERS THAT DO NOT COMPLY WITH ALL REQUIREMENTS •FIREARMS WILL NOT BE SOLD OUTSIDE THE U.S.A. **WE NO LONGER SHIP FIREARMS TO CA, NY OR CT** **C&R LICENSES NOT ACCEPTED, ALL FIREARMS TRANSFERS SUBJECT TO FEDERAL/STATE BACKGROUND CHECK** ALL ITEMS MUST BE PAID FOR BY 5:00PM OF THE FIRST FRIDAY FOLLOWING THE CLOSE OF THE AUCTION WITH NO EXCEPTIONS, IF YOU FAIL TO PAY FOR ITEMS, SMITH AUCTIONS LLC RESERVES THE RIGHT TO CONTACT LAW ENFORCEMENT REGARDING FAILURE TO PAY AND MAY PURSUE ALL CIVIL PENALTIES ALLOWED BY LAW WHICH MAY INCLUDE: FORWARDING THE MATTER TO OR OUR ATTORNEYS FOR COLLECTION, COURT COSTS, STORAGE FEES, AND ANY OTHER COSTS INCURRED BY SMITH AUCTIONS LLC.