3 Pallets of Cross Ties

 

Terms and Conditions of Sale

Each person participating in the Auction shall be bound by ALL of the following terms and conditions ("Terms"). Please be advised that these Terms are subject to amendments and modifications made solely by the Auctioneer at the time of Auction and are subject to change.

 

Anyone outside of the continental United States will be required to wire transfer a minimum deposit of $5000 to be approved for all non-onsite bidding. All deposits must be received 24 hours before the sale.

All bids constitute a legally binding contract and bidders will be legally obligated to make payment and remove items in accordance with the terms and conditions of the sale.

 

All payments shall be by way of cash, certified check, or wire transfer.  Invoices under $2500 will be billed to the credit card you register with.  All invoices over $2500 will be paid via wire transfer or cash.

 

Wire transfer information will be sent with your invoice after the auction closes.  All invoices must be paid within 48 hours of auction close.

 

All items must be removed by August 2nd at 5:00 PM cst. except the Grove crane and forklift which can be picked up on Monday August 5th.

 

An 10% Buyers Premium will be charged on all items for bidders using Redfield Group’s platform and 15% for all other platforms.

 

By registering to bid or placing a bid, you agree to be bound by all of these terms & conditions and any other announced terms and conditions of sale or rules of the site. All internet bidders agree that bids placed on the internet shall have the same legal effect as if they were in attendance at the auction in person. ASK QUESTIONS BEFORE YOU BID. THERE ARE NO REFUNDS AND NO RETURNS!!!
YOU MUST AGREE TO ALL TERMS OF SALE BEFORE BIDDING. DO NOT BID IF YOU DO NOT OR CAN NOT AGREE TO ALL TERMS. READ CAREFULLY. ALL SALES ARE FINAL and there are no refunds or exchanges. No warranty is expressed, written or implied.

 

NOTE: Redfield Group Auctions does not own vehicles, equipment and other assets consigned to our auctions. The seller understands that any claims from descriptions, condition, miles, etc are between the owner (seller) and the purchaser. The auctioneer does not guarantee authenticity, year, make, model, miles, hours, running condition, physical condition of any item in our auctions. YOU, the purchaser are responsible for inspecting the assets in person and making your own determination as to the condition of the item you are bidding on. The description is NOT guaranteed by the auctioneer nor the seller. AS IS, WHERE IS. 

 

Bidders understand that a $200.00 authorization can be placed on your credit card. THIS IS NOT A CHARGE OF $200, only an authorization to insure that you intend to purchase what you bid on.

 

1.     The catalog is a guide only and the Auctioneer believes the descriptions contained herein to be correct, but makes no warranty in connection therewith. Descriptions shall not be relied on for accuracy or completeness. Bidders/Buyers shall be deemed to have inspected all items sold at Auction ("Items") before bidding and to have relied solely on their own inspections and investigations. Auctioneer and seller shall not be liable for any inaccurate description of any Item or lot whether contained in a catalog, advertisement or otherwise.

2.     Auctioneer reserves the right to sell subject to reserve and to bid for its own account and for the accounts of others, whether by verbal or written proxy, all lots are subject to prior sale.

3.     Auctioneer reserves the right to refuse any applicant the privilege of bidding or attending the Auction and may revoke such privilege at any time. Bidder acknowledges and agrees that Bidder's paddles are nontransferable. All bids made by the holder of the paddle are the responsibility of the registered bidder. A successful bid at Auction constitutes a legally binding contract of sale, subject to the Terms set forth herein.

4.     All Items will be sold to the highest bidder conforming to the bid process, provided that Auctioneer reserves the right to sell Items by individual, group lots and "in bulk," as Auctioneer deems appropriate. Auctioneer reserves the right to sell on behalf of third parties, its own account or on the account of others. Should any dispute arise between two or more bidders or as to any bid, the lot in question may, at Auctioneer's discretion, be immediately put up again and resold. Auctioneer shall regulate all matters relating to the conduct of the auction and his decision shall be final and binding on all bidders. The record kept by the Clerk of Sale, shall in all cases be accepted by the bidder as final.

5.     All sales shall be concluded as indicated by Auctioneer and no Bidder/Buyer may thereafter revoke his bid. Title shall not pass until payment in full of the purchase price is received.

6.     All sales are FINAL. No refunds, returns, credits or exchanges.

 

All Items are sold on an "AS IS" " WHERE IS" AND" WITH ALL FAULTS BASIS" WITHOUT EXCEPTION and WITH REMOVAL AT BUYER'S SOLE RISK AND EXPENSE. THE AUCTIONEER AND SELLER MAKE NO REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS OR GUARANTEES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE NATURE, QUALITY, DURABILITY, CAPABILITY, FUNCTION, PERFORMANCE, VALUE OR CONDITION OF THE ITEM(S) BEING AUCTIONED OR ITS SUITABILITY FOR ANY USE. AUCTIONEER AND SELLER EXPRESSLY AND SPECIFICALLY DISCLAIM, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

 

7.     A deposit equal to 25% of the purchases shall be made at the time of sale. The balance of the purchase price must be paid in full within 48 hours of auction close. All payments shall be made by way of cash, certified Checks , business/personal with bank letter of guarantee to Redfield Group Auctions, Inc. ("Redfield"). Deposits on account of purchases may be made in advance of the Auction and the balance thereof will be paid within 24 hours of the Auction closing. Auctioneer reserves the right to put Items back up for auction if deposit is not received at or before the time of sale.

8.     No Item shall be removed unless paid for in full and Items purchased shall be removed within the guidelines and terms stipulated. Buyer shall be responsible for all the costs of removal and shall be liable for all damages, including without limitation, any environmental damage, caused during or as a result of the removal. Buyers shall comply with all environmental laws and regulations including requirements as to bonding of movers. No claims shall be allowed after removal of the purchased Items.

9.     Where available, documents of transfer, including motor vehicle ownership documents, which are in possession of Auctioneer, will be provided to the Buyer following the Auction or as soon thereafter as such documents are available.

10.  Buyer may not assign, transfer or dispose of his rights in any Item purchased before payment of the purchase price in full.

11.  Buyer shall pay all relevant taxes. All relevant taxes shall be Buyer's sole responsibility. 

12.  Time is of the essence. If Buyer fails to make payment or remove Item(s) within the time periods provided herein, the Auctioneer may resell the Item(s) purchased by Auction, private contract or otherwise, as Auctioneer in his discretion deems advisable, and Buyer shall be liable for the shortfall and all costs expenses, including but not limited to interest rates (a minimum of 1.5% per month or 18% per annum), legal fees, moving fees, storage and commissions incurred such as resale.

13.  The Auctioneer assumes no responsibility or any liability once title passes, which occurs at time of payment in full. Buyers are advised to prearrange for insurance coverage of their purchase. Title will revert to the Seller in the event Buyer does not remove Item(s) within the time specified.

14.  If the Auctioneer is unable to deliver an Item sold to a Buyer due to fire, theft or any other reason whatsoever, the Auctioneer shall reimburse Buyer for all monies paid to the Auctioneer in respect of the Item and the Auctioneer shall have no further liability to Buyer arising from or relating to such loss, including without limitation, any damages or loss of profits.

15.  Bidder acknowledges that the location at which the auction is held (the "Auction Site") is a potentially dangerous place with metal working equipment, metal shavings, industrial equipment, heavy equipment being operated and electric circuits being live. Every person at the Auction Site before, during and after the Auction shall be deemed to be there at their own risk with notice of the condition of the premises, the activities on the premises and the conduct of third parties, and the Bidder shall so advise his/her agents and employees. No person shall have any claim against the Auctioneer, his agents, employees or principals or the seller for any injuries sustained for damages to or loss of property which may occur from any cause whatsoever.

16.  All persons attending the exhibition, sale or removal of merchandise assume all risks of damage to person or property and specifically release and indemnify Redfield Group Auctions, Inc., Redfield Group Auctions, Inc employees, agents and contractors (all herein referred to as RGA) and property owner from any liability.  Buyer shall be responsible for any damage they cause to the premises or items on the premises when they are picking up or loading their items.  In the event the buyer is utilizing a third-party shipper, buyer still assumes full responsibility for any damages caused by the third party or appointed person they have hired.

17.  Bidder agrees to pay any and all charges and expenses incurred by reason of any breach of Terms & Conditions of auction, or in case of default, including, without limitation, reasonable attorney's fees, as well as any dollar deficiencies which may result in the resale of the property and the cost of re-marketing said property. Additional commissions shall be due and payable.

18.  Security Interest: RGA and Seller will maintain a security interest in all items until final payment has been made. If a dispute arises or a charge back is made to any credit card, all items must be returned in their purchased condition to Seller at the expense of the buyer.

19.  Redfield Group Auctions, Inc is providing online internet bidding (through a third party) as a service to Bidder. Bidder acknowledges and understands that this service may or may not function correctly. Under no circumstances shall Bidder have any kind of claim against Redfield Group Auctions, Inc or anyone else if the internet service fails to work correctly during the auction. Redfield Group Auctions, Inc will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should use the proxy-bidding feature and leave their maximum bid 24 hours before the auction closes. Redfield Group Auctions, Inc reserves the right to withdraw or re-catalog items in this auction. Purchaser is responsible for all document transfer fees. The auction company shall not be held responsible for any 'missed' bids or bids unseen by the auctioneer and bidder is responsible for any and all bids placed on their account.

20.  Alabama law shall govern the interpretation and enforcement of these Terms. All disputes arising out of, related to, or in connection with therewith shall be resolved solely through arbitration, pursuant to the then current rules for commercial arbitration of the American Arbitration Association, with all hearings to be held in Gadsden, AL.  Should any legal proceeding be commenced regarding the Auction, the Item(s) and/or the Auction Site, the prevailing party in such proceeding, whether by final judgment or out-of-court settlement, shall be entitled, in addition to such other relief as may be granted, to an award of all reasonable attorneys' fees. These terms and conditions together with any amendments or modifications, expressly made by the Auctioneer at the time of the Auction constitute all the Terms with respect to the sale of Items at this Auction. There are no representations, warranties, terms, conditions, undertakings or collateral agreements except as hereinabove provided.

 

EQUIPMENT REMOVAL PROCEDURES/ TERMS & CONDITIONS

The following are the controlling procedures and Terms and Conditions for the removal of Items purchased at a Redfield Group Auctions, Inc. ("Redfield") sale:

 

1.     Rigging/Removal of sold equipment is the sole responsibility of the buyer and must be completed by the posted date unless specified in the auction lot description.  Those lots have a price to be charged to set the item on your trailer. Rigging/Removal may not begin until payment has been made in full and the auction sale is complete. All heavy rigging requiring the use of forklifts, cranes, etc whether performed by the customer or a rigging company, must present a certificate of insurance for $1,000,000.00 naming Redfield Group Auctions, Inc. as the insured.  Recommendation or approval of Riggers by Redfield Group Auctions, Inc. by any employee, agent thereof or by any affiliated entity of Redfield Group Auctions, Inc., shall be done only as an accommodation to the Buyer. Such recommendation or approval shall not cause Redfield Group Auctions, Inc. to be liable in any way for any act or omission of any such Rigger. Selection of a Rigger is solely within the discretion of the buyer, and Buyer acknowledges and agrees that it shall have no rights or remedies against by Redfield Group Auctions, Inc. by any employee, agent thereof or by any affiliated entity of Redfield Group Auctions, Inc. based upon any act or omission by a Rigger.

 

2.     Buyers are responsible for, at their expense: (a) proper and safe disconnection and termination of all electrical, gas, water and/or air lines to machines as instructed or directed by an authorized MNA representative; (b) shearing flush to the floor of all anchor bolts or fasteners; (c) erecting safety barriers around pits and holes in the floor created by removal of equipment until repaired (see next); (d) repair, in a first class, proper workmanlike manner, all holes in the floor or roof created by the removal of items purchased; (e) removing, off premises, all hazardous materials (including all contaminants) contained in Items purchased; (f) repairing, in a first class, proper workmanlike manner, all damage caused to the premises by a Buyer, its representative or any other party hired by a Buyer for the removal of Items purchased; (g) leaving the work area in a clean, broom-swept condition; (h) any other specific terms and conditions communicated by Redfield before, during or after the Auction sale; (i) removal of Items purchased by the time and date set by Redfield before, during or after the Auction sale; and (j) the safety of all of a Buyer's employees, agents or representatives including all movers/riggers hired by such buyer.

3.     Prior to removal, all Buyers, or any movers or riggers hired by a Buyer, must provide to Redfield a certificate of insurance evidencing at least $1,000,000 in comprehensive liability insurance coverage (including workers compensation and automobile) per person, per occurrence.

4.     Prior to removal, an authorized Redfield representative must examine and approve the removal of all Items purchased at the Auction. Such approval shall be indicated by this representative initialing all invoices.

5.     No items shall be removed until after the Auction sale. Removal hours are July 31, August 1st and 2nd only between 8:00 a.m. to 5:00 p.m.

6.     Buyers and their movers/riggers are jointly and severally liable for all damages, costs and expenses to the premises or any other assets which were caused by any of them, their employees, agents or representatives whether through negligence or otherwise. Buyer indemnifies and saves Redfield harmless from any and all costs, expenses and claims suffered or incurred by Redfield as a result of any act or omission of such buyer and/or any mover or rigger retained by a Buyer. NO ITEMS SHALL LEAVE THE PREMISES UNTIL THE ABOVE HAS BEEN COMPLIED WITH REDFIELD's SATISFACTION.

 

NOTE: Buyers, please provide all movers or riggers hired by you with a copy of these procedures/terms and conditions as you will be held liable for their conduct.

 

 

Removal hours are July 31, August 1st and 2nd only between 8:00 a.m. to 5:00 p.m.