Lot # : 46a - NEW PITTSBURGH 10,000 FT/METER

**DO NOT BID UNLESS YOU INTEND TO PAY FOR THE ITEM** TERMS: ALL SALES ARE FINAL. ALL ITEMS ARE SOLD "AS IS-WHERE IS" WITH ALL FAULTS AND WITH NO GUARANTEES OR WARRANTIES OF ANY TYPE, EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE MERCHANTABILITY OR FITNESS FOR PARTICULAR USE OR PURPOSE. FURTHER. Any description or information given on a lot is not guaranteed, warranted, or assumed by Auctioneer, and Buyer must rely solely on his/her own inspection. Property is open to a thorough public inspection and bidders from off-site understand and acknowledge that he/she may not be able to inspect as well as if present, in person. It is the bidder's responsibility to determine condition, age, genuineness, value or any other determinative factors. ---PAYMENT--- We accept cash, check, or credit card (Visa, Master Card). We have a 6% transaction fee on credit card payments, no exceptions. NO BUYER'S PREMIUM. Cash and check payments accepted on settlement day during scheduled hours. 6.2% South Dakota sales tax charged on all items. If you hold a tax-exempt license, you must have a current South Dakota Certificate of Exemption form on file with Martin Jurisch & Assoc. Sales tax will be charged if you do not provide a completed form at the time of settlement for your purchases. If you do not have a form, a blank sales tax exemption form can be found on our website at martinjurisch.com. Mail the completed form to Martin Jurisch & Assoc., PO Box 1867, Rapid City, SD 57709. Please note that there will be NO REFUNDS for tax collected if Certificate of Exemption form is received after the scheduled settlement. Please note that if settlement and pickup are not arranged on the settlement date & time, we reserve the right to charge handling/storage/late payment fees. PAYMENT, Buyer must remit payment on the date indicated herein under PAYMENT- SHIPPING/PICKUP. However, Buyer is to pay absolutely in full within (3) business days of auction regardless of any other terms. If Buyer fails to pay in full when due, Buyer shall further be liable to the Auctioneer all sums unpaid as well as Auctioneer's collection costs, including but not limited to attorney fees and court costs, incurred in connection with Buyers non-payment. If Buyer pays by wire transfer, an additional $15.00 fee will be assessed. For items requiring a Certificate of Title, A Certificate of Title will be transferred upon full payment. We do not send titles out for (15) fifteen days if the purchaser pays by check. If the purchaser pays in cash, you will receive the title upon full cash payment. It shall be the responsibility of Buyer and The Seller to arrange a mutually agreeable time and location in which to complete all required paperwork. REMOVAL: If paid by wire transfer or Credit Card, Removal of the purchase will not occur until the funds are confirmed, VERIFIED PAID! All Purchases shall be removed with-in 10 Days after the date of sale. All costs, responsibility and risk of such removal shall be borne by buyer. If Buyer wishes to have the purchases shipped, all shipping coordination/logistics and costs of same shall be pre-arranged and prepaid by the Buyer. If for any reason Buyer fails to remove any purchases within the time specified, the Auctioneer shall have the right but not the obligation, to resell, discard or remove said purchase at the Buyer's sole risk and expense, without waiving any rights that Auctioneer or Seller may have against the Buyer. Buyer shall be liable for all storage charges for any item(s) not removed within 10 days of sale, the buyer of said item will be assessed by auctioneer at a daily rate of $25.00 Per Day for storage. ADDITIONAL TERMS & CONDITIONS OF SALE All persons bidding or otherwise attending auction (“Bidders”) acknowledge the following terms and conditions (“Terms and Conditions”) and agree to be bound by them. Bidding. Bidding is open to the public without regard to race, color, sex, religion, or national origin. All bidders are required to have a bidder’s number to bid. To obtain a bidder’s number, a registration form must be filled out including full name, address, phone number, and other information. Bidding Procedures: (1) Method, order of sale, and bidding increments shall be at the sole discretion of the auctioneer. (2) The auctioneer reserves the right to delete or add items at its discretion. (3) Martin Jurisch & Assoc. Auctioneers/Realtors may act to protect the interest of buyers and sellers as an agent, by bidding through the auctioneer even though this rarely shall ever occur. (4) The auctioneer may open bidding on any item by placing a bid as an agent for any buyer or seller. (5) The auctioneer may continue to bid as an agent for a buyer or seller, either by placing consecutive bids or by placing bids in response to other bidders. Auctioneer Authority. Announcements (both verbal and written) made on the day of the auction will take precedence over all printed material or oral statements made. The auctioneer has the authority, at his sole and absolute discretion, to deviate from, change, alter, or modify, the bidding procedures and conduct of the auction, at any time, including after commencement of the auction. Bid Execution. Bids which are submitted to Martin Jurisch & Assoc. in writing, through the Internet, or otherwise placed with Martin Jurisch & Assoc. prior to or during an auction for execution at or below a specified price shall be entertained and executed by Martin Jurisch & Assoc. for the convenience of bidders. Martin Jurisch & Assoc. shall not be responsible for failing to execute such bids or for errors relating to the execution or such bids. Auctioneer is not responsible for a bidder’s inability to place any bid, internet or otherwise for this auction for any reason. In the event of technology issues with Internet sales, or for other reasons, the Auctioneer reserves the right to reopen or extend Internet bidding as it deems necessary and appropriate. Purchaser Defined. The highest bidder whose bid is accepted by Martin Jurisch & Assoc. Auctioneers/Realtors (“Martin Jurisch & Assoc.” or “Auctioneer”), is the Purchaser (“Purchaser”). The “Final Bid” shall be the Purchaser’s bid as accepted by the Auctioneer, and all items are “Purchased” when the Purchase Price is accepted. Buyer’s Premium. The Buyer’s Premium, if any, shall be paid by the Purchaser and will be added to the Final Bid on the item to determine the “Purchase Price”. If there is no Buyer’s Premium, the Final Bid is the Purchase Price. See Section “Buyer’s Premium” in the Sale Information portion. ALL SALES ARE FINAL. All bidders are responsible to determine the age, description, condition, and authenticity of all Purchased items. Each item is auctioned “AS IS, WHERE IS, with all faults” in its condition at the time of sale, without any warranties or guarantees, either expressed or implied, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, POSSESSION, QUIET ENJOYMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, and without recourse by way of refund, reduction of the Purchase Price, or otherwise. No purchase will be set aside, nor will Auctioneer be liable, for incorrectness in description, misnomer, errors in cataloging, imperfection, or mislabeling of any item. Catalog. The listing catalog has been prepared only as a guide based on information from sources believed to be reliable, but the accuracy thereof cannot be guaranteed or warranted by Martin Jurisch & Assoc. Hours and miles which are stated in the catalog descriptions as “showing” are read on the meters and odometers, or as provided by owner, with no guarantee of accuracy. “Actual” hours and miles are guaranteed to be accurate. All announcements from the auction stand on auction day, to the extent that they are different from prior printed material take precedence. Any information provided by Martin Jurisch & Assoc. or its representatives, verbal or otherwise, is not guaranteed, to include, but not limited to country of origin or manufacturer. Purchaser acknowledges that all items were available for inspection prior to the auction and that Purchaser relies on his own inspection of the items and not the information listed in the catalog or otherwise provided by Martin Jurisch & Assoc. Disputes. Should a dispute arise between two or more bidders, the Auctioneer may re-open the bidding between the high bidders until the property is purchased. Should the Auctioneer and a bid assistant (bid spotter/ringman) simultaneously recognize conflicting bidders, even if the Auctioneer has announced the item as “sold,” the Auctioneer may re-open the bidding between the high bidders until the property is purchased. The Auctioneer will determine the purchaser and his decision shall be final and absolute. Risk of Loss. Upon the fall of the hammer, or when the Auctioneer says “sold,” or when the internet auction closes, risk of loss shall pass to the Purchaser. Martin Jurisch & Assoc. accepts no responsibility for any loss or damage to any Purchased item once the hammer falls. It shall be the responsibility of the Purchaser to insure all Purchased items immediately. Sales Tax. Sales or Use Taxes will be added to the Purchase Price of all taxable Purchased items. A current sales tax exemption certificate including sales tax exemption number must be presented to avoid paying sales tax. Payment. All buyers must abide by the “payment terms” set forth for this sale. See “Sale Information” for details. Martin Jurisch & Assoc. may refuse to allow removal of Purchased items and all property of Purchaser consigned for auction with Martin Jurisch & Assoc. until the Purchaser pays all amounts due and owing Martin Jurisch & Assoc. Removal and Storage/Handling Fees. Purchasers must pay in full for all items purchased prior to removing any item(s). Purchasers must remove all purchased items from the auction site within the time allotted for removal. See “Sale Information” for details. Purchaser takes full responsibility for the removal of purchased items and holds harmless and indemnifies the consignor and auctioneer for any damage or injury in the removal or dismantling process. Martin Jurisch & Assoc. reserves the right to require proof of insurance coverage on any item, person or company. If for any reason Purchaser fails to remove any items from the auction site in accordance with this paragraph, including Purchaser’s failure to make full and complete payment of all sums due and owing to Martin Jurisch & Assoc. Unless previous arrangements have been made, Purchaser agrees to pay Martin Jurisch & Assoc. a storage fee of ten dollars ($10.00) per item, per day, and reasonable handling, transportation, maintenance, security and insurance fees and /or costs. Martin Jurisch & Assoc. may store any such un-removed item(s), and refuse to allow its removal, until payment of all storage, reasonable handling, transportation, maintenance, security and insurance fees and/or costs are paid in full. Default by Purchaser. In the event Purchaser fails to pay the full Purchase Price of any Purchased items as per these Terms and Conditions, or other amounts due Martin Jurisch & Assoc., Purchaser agrees to pay Martin Jurisch & Assoc. a storage fee of ten dollars ($10.00) per day, per item left at the auction site, and all storage, reasonable handling, transportation, maintenance, security and insurance fees and/or sales costs. Additionally, Purchaser agrees to grant Martin Jurisch & Assoc. a lien on all purchased items and all property of Purchaser consigned for auction with Martin Jurisch & Assoc., and the proceeds of the sale of such property, until all the Purchase Price and all other sums due Martin Jurisch & Assoc. are paid in full. Martin Jurisch & Assoc. lien shall include the Purchase Price, all sales and use taxes paid by Martin Jurisch & Assoc., buyer’s premiums (if any), storage, reasonable handling, transportation, maintenance, security and insurance fees and/or costs and other amounts due Martin Jurisch & Assoc. from Purchaser. In addition, Martin Jurisch & Assoc., at its sole discretion, shall have the right to resell such items by public or private sale at a commission rate of Twenty-five (25%) Percent. Purchaser grants Martin Jurisch & Assoc. the right to withhold from the proceeds of such resale any and all sums due Martin Jurisch & Assoc. Martin Jurisch & Assoc. exercise of its right to resell any items in accordance with this paragraph, shall not prevent Martin Jurisch & Assoc. from recovering the Purchase Price or any other amount due Martin Jurisch & Assoc. from the Purchaser. Abandoned Property. Martin Jurisch & Assoc. may deem abandoned any item left at the auction site after the time provided for removal. In addition, Martin Jurisch & Assoc., at its sole discretion, shall have the right to resell such items by public or private sale at a commission rate of Twenty-five (25%) Percent. Purchaser grants Martin Jurisch & Assoc. the right to withhold from the proceeds of such resale any and all sums due Martin Jurisch & Assoc. Any sum remaining after full and complete payment of all amounts due and owing to Martin Jurisch & Assoc. shall be provided to the Purchaser. Martin Jurisch & Assoc. exercise of its right to sell any items in accordance with this paragraph, shall not prevent Martin Jurisch & Assoc. from recovering the Purchase Price or any other amount due Martin Jurisch & Assoc. from the Purchaser. Redemption of any abandoned goods will be allowed after complete payment of the Purchase Price and all other amounts due and owing to Martin Jurisch & Assoc. Titles. All title documents will be available to Purchaser upon complete and final payment of all sums due Martin Jurisch & Assoc. within ten (10) business days of such payment unless sold title delay. Items sold title delay shall remain at the auction site until title documents are available unless Purchaser signs a waiver. Purchaser shall not alter any purchased item prior to receipt of title. If merchantable title or documents necessary to secure merchantable title are unavailable, Purchaser shall return the item to the auction site in the identical condition as at the time of purchase upon which Martin Jurisch & Assoc. shall refund the Purchase Price. Martin Jurisch & Assoc. shall not be liable for any other amount, any improvements or repairs, or for any consequential or incidental damages incurred by the Purchaser. A $25.00 title fee will be charged to the Purchaser for each title. Loading/Unloading of Equipment. All items are sold “AS IS, WHERE IS”. Martin Jurisch & Assoc. does not provide operators for the loading or unloading of any vehicles or equipment under any circumstances. This is the sole responsibility of the Purchaser. Withdrawn Property. Martin Jurisch & Assoc. reserves the right to withdraw any individual items or to cancel the sale of any items or offer any items in lots of groups. Martin Jurisch & Assoc. reserves the right to cancel the entire auction without notice or liability to Martin Jurisch & Assoc. Unauthorized Conduct. Martin Jurisch & Assoc. reserves the right to refuse any bidder registration privileges at any auction and/or refuse access to, or remove any person from the auction site for any reason including, but not limited to: 1) tampering with equipment, 2) collusive bidding, 3) stealing, 4) failure to abide by these Terms and Conditions, 5) intoxication, (6) inappropriate behavior. All Bidders acknowledge Martin Jurisch & Assoc. right to refuse access and to remove Bidders for such conduct and agree to leave the auction site upon request by Martin Jurisch & Assoc. Enter at your Own Risk. Bidders acknowledge that an auction site is potentially dangerous and Bidders shall so advise their agents and employees. Bidders enter the auction site at their own risk/and expressly agree to indemnify and hold Martin Jurisch & Assoc. harmless for any personal injury or property damage which may occur while at the auction site. NO CHILDREN under the age of 16 shall be permitted at the auction site. NO EXCEPTIONS! “Buy Backs”. The owner of any item being sold may not bid on that item. Notice. Except for announcements made pursuant to paragraph 3 of these Terms and Conditions, these Terms and Conditions may not be amended in any way, except by a signed, written agreement between Martin Jurisch & Assoc. and the Purchaser. Arbitration. Bidders agree that any controversy or claim arising out of or relating to these Terms and Conditions shall be settled by arbitration in Rapid City, South Dakota, administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Bidders agree that Martin Jurisch & Assoc. shall be entitled to its reasonable attorneys’ fees (25% of any amount awarded to Martin Jurisch & Assoc.) incurred in any arbitration or action to enforce or otherwise related to these Terms and Conditions. SHERMAN ANTITRUST ACT. Title 15, Section 1 of the United States Code specifically prohibits any agreements that restrain trade and commerce and declares them to be illegal and a federal felony. The law provides: ‘Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal. Every person who shall make any contract or engage in any combination or conspiracy hereby declared to be illegal shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding $10,000,000 if a corporation, or, if any other person, $350,000, or by imprisonment not exceeding three years, or by both said punishments, in the discretion of the court.’ Any agreement among potential bidders at this auction not to bid against one another, or otherwise to dampen the bidding process, is illegal and will be immediately reported by Martin Jurisch & Assoc. to the United States Attorney and the Department of Justice for investigation and prosecution. This is a very serious matter and we want you to view it as such and conduct yourselves accordingly. Claims: No claims will be allowed after removal of goods from premises or left on premises past removal deadline. Responsibility for Non-Delivery: Neither the auctioneer nor the seller, in any event, shall be liable for non-delivery or for any other matter or thing, to any purchaser of any lot, other than for the return to the purchaser of the deposit or sum paid on said specific lot, should the purchaser be entitled thereto. Acceptance. Bidding on any items or otherwise attending the auction indicates acceptance of these Terms and Conditions.