NAALive Auctions - Hiller Wangen Snowmobile and ATV Auction

1. NO WARRANTIES: All property is being sold AS IS, WHERE IS, and with all faults. There are no warranties, representations or guarantees, expressed or implied, as to the quality, character or condition of the property. No oral statements made by the Owner (or his agents or officers) or the Auctioneer (or his agents or officers) concerning any item shall be construed as a warranty. The implied warranty of merchantability is expressly disclaimed. There is no warranty of fitness for a particular purpose. Auction Buyers shall not be entitled to any adjustment or allowance, rescission, damages or any other remedy or claim on account of the quality, character or condition of any property purchased. All sales are final.

2. INSPECTION: The Buyer acknowledges he/she has had an adequate opportunity to inspect the property prior to bidding on the property at auction and agrees to rely exclusively on his/her pre-auction personal inspection of the property.

3. DISPUTES: The Auctioneer shall designate the winning bidder after each item is auctioned. If a dispute arises between two or more bidders, the Auctioneer reserves the right to re-open the bidding. The record of the sale shall be kept by the Auctioneer and/or his assent and shall in all cases be accepted as final. Any discrepancy must be brought to the attention of the Auctioneer at the time of sale. Bid increments shall be the sole discretion of the Auctioneer.

4. RISK OF LOSS: The Buyer takes delivery, takes full responsibility and assumes all risks of loss for all property purchased from the time the Auctioneer accepts the Buyer’s offer (bid), even though they may not have paid for the item yet.

5. EQUIPMENT REMOVAL: All property purchased from the Auction Site must be removed from the Auction Site upon conclusion of the auction and at the Buyer’s expense. Auctioneer assumes no responsibility for loss or damage to items not removed, said responsibility resting solely with Buyer.

6. SETTLEMENT: All items must be paid for in full before Buyer leaves the premises. Nothing may be removed until it is settled for. Payments for purchases must be made by cash, cashier’s check, or by personal or business check with approved Letters of Credit or Guarantees from Buyer’s Bank. Letters of Credit and Guarantees from Buyer’s Bank must be for this auction only, along with proof of identity. All sales are subject to State Sales Tax Laws. Buyer agrees not to stop payment on checks or disallow a sight draft and is responsible for any expenses due to collection of bad checks, including reasonable attorney’s fees. In the event of non-payment of a bad check, Auctioneer reserves the right to repossess the merchandise involved at any time, at Buyer’s location.

7. INSURANCE: The Buyer acknowledges it is their responsibility to obtain full liability insurance on all property as required by law.

8. REVOCATION: The Auctioneer reserves the right to revoke any bid card at any time. Buyer represents and warrants that this registration is made for the account of the Buyer alone and not on behalf of any other person or entity.

9. PERSONAL INJURY AND PROPERTY DAMAGE: Buyer acknowledges that the Auction Site and anywhere the property to be sold is located or displayed is a potentially dangerous place. Heavy equipment is being operated, potentially dangerous materials may be present, electric circuits may be live, and other potential dangers may exist. Every person at the Auction Site (and other areas where the property is located or displayed), at all times shall be there at their own risk with notice of the conditions of the premises and the conduct of third parties and Buyer shall so advise his/her agents and employees. No person shall have any claim against the Auctioneer, their agents, employees or principals for any injuries sustained or death to any person or persons whomsoever nor for damages to or loss of property which may occur from any cause whatsoever. Buyer also acknowledges responsibility for any injury or death to any person or persons whomsoever or property damage caused by Buyer, his/her agents or his/her employees.

10. AGENTS: The Auctioneer is acting as the property Owner’s Agent only.