The following Bidder Terms and Conditions (“Terms of Bidding”) of Americ Machinery Corporation, an Illinois Corporation (the “Auctioneer”), govern your use of the Americ Machinery Corporation web site (the “Site”) and your bidding on and purchasing equipment and other items (the “Equipment”) through an auction (“Auction”). You must unequivocally accept, without modification, these Terms of Bidding before you may place bids in an Auction.
The Terms of Bidding, together with the Site Terms and Conditions, and any other documents or agreements referenced therein, contain the entire agreement between you and the Auctioneer with respect to the use of the Site and the bidding on and purchase of Equipment, and supersede any and all prior communications, representations, and understandings, either oral or written, between you and the Auctioneer. In the event of any conflict between the Site Terms and Conditions and the Terms of Bidding, the Terms of Bidding shall control.
The Auctioneer may, in its sole discretion, change, modify, add or remove any portion of these Terms of Bidding, in whole or in part, from time to time with or without notice to you, by posting such changes on the Site, which you agree is sufficient notice to you. Once posted, such changes shall immediately come into full force and effect.
Before you attempt to bid on or purchase any Equipment through the Site, the Auctioneer requires that you read and accept the Terms of Bidding. BY CHECKING THE BOX, YOU HEREBY REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPTED THESE TERMS OF BIDDING AND ALL OTHER TERMS AND CONDITIONS INCORPORATED HEREIN BY REFERENCE AND THAT YOU WILL BE FINANCIALLY RESPONSIBLE FOR YOUR USE OF THE SITE AND PURCHASE OF EQUIPMENT. You may not bid on or purchase Equipment on the Site unless you have agreed to accept these Terms of Bidding.
You must register and become a Member (“Member”) before participating in the Auction. The application for registration is located on the Site at www.quantosauctions.com . You must complete the registration process and submit the application. The Auctioneer reserves the right, in its sole discretion, to allow or deny access to any online bidding services of the Site. You represent and warrant that (i) all information you have provided to the Auctioneer is accurate and complete, and (ii) you will update such information so that it is kept current, accurate and complete at all times. You further represent and warrant that you can form legally binding contracts. If you are acting on behalf of another person or entity, you represent and warrant that such person or entity has authorized you to act and enter into legally binding contracts on his/her or its behalf. Notwithstanding the foregoing, minors in any jurisdiction and any individuals suspended from the Site may not use the Site.
The Auctioneer will issue you a bidder’s number (“Bidder’s Number”) and password (“Password”) by email for your free membership. Upon approval of your application to be a bidder, the Auctioneer will within two (2) business days determine whether to accept your right to bid and notify you by email.
You are solely responsible for protecting the confidentiality of your Bidder’s Number and Password and are responsible for all use of your Site account. You agree to notify the Auctioneer immediately of any unauthorized use of your Bidder’s Number and/or Password or any other breach of security of the Site. While the Auctioneer has implemented commercially reasonable measures to secure your personal information from unauthorized or accidental use, access, alteration, or disclosure, the Auctioneer cannot guarantee that unauthorized third parties will never be able to defeat these measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
The Site is an ecommerce site for registered users who desire to sell Equipment (“Sellers”) and for registered users who desire to bid on and purchase Equipment (“Bidders”). Any agreements reached by and between Sellers, Bidders, or any third parties (including transportation carriers) are solely among such parties. The Auctioneer is not, and will not be, a party to any such transaction relating to Equipment (except where the Auctioneer is the Seller), and Auctioneer makes no representations and warranties as to title to or possession of the Equipment listed on the Site, unless specifically noted otherwise.
The Auction period shall be determined solely by the Auctioneer.
Manipulation of the price of the Equipment at Auction of any kind, directly or indirectly, by any user is prohibited, including but not limited to bidding through a secondary account, agent or representative on Equipment that you may be selling, shill bidding, or direct negotiation with Sellers of listed equipment without the Auctioneer’s consent. Sellers of listed Equipment in the Auction are strictly forbidden from bidding on their own Equipment.
As a condition of your use of Auction services and the Site, you warrant you will not:
You acknowledge and agree that placing bids on an Auction on the Site is the equivalent of a firm legal commitment and an irrevocable offer to purchase. Unless the transaction is prohibited by law or the Terms of Bidding, once you place a bid, you may not retract it, and you are obligated to complete the transaction.
The Auctioneer reserves the right to cancel or postpone any Auction listing or Auction period, in its own discretion with or without notice. The Auctioneer shall have no liability to you as a result of any cancellation or postponement.
Bidders who bid the highest price in the Auction period shall be the winning bidder (“Winning Bidder”). The Winning Bidder will receive a confirmation e-mail immediately after the Auction period has ended. If you do not receive an e-mail, and you feel you had won the Auction, you need to contact the Site at the contact information below. The Auctioneer is the one and only judge for the determination of the Winning Bidder and the final price (“Winning Price”). The Auctioneer shall not be liable for any errors or omissions relating to such determination. THE AUCTIONEER DOES NOT GUARANTEE THAT BIDS PLACED ON THE SITE WILL BE RECEIVED AND PROCESSED IN A TIMELY MATTER.
The Winning Bidder agrees to pay the Auctioneer a buyer premium fee (“Buyer Premium”) for each piece of Equipment it purchases through the Site. The Buyer Premium shall be 7% of the final sale price. (e.g. If the final selling price is $30,000, the buyer will pay an additional $2,100 (7%), for a total selling price of $32,100 plus any applicable taxes and fees) The Auctioneer may change or add fees from time to time, in its sole discretion, with or without notice to you.
Full Payment in the amount of the Winning Price, plus all applicable sales taxes and the Buyer Premium, must be posted to a secure payment account designated by the Auctioneer ①within four (4) business days after the close of the Auction for U.S. or Canadian residents, or ②within eight (8) business days after close of the Auction for residents of other countries All monies due are to be payable in U.S. Dollars. Winning Bidders must tender payments via certified bank transfer through the bank account specified. (All bank charges incurred for wire transfers are the responsibility of the buyer. If any bank will deduct charges prior to arriving in Americ's account, the amount of charges should be added to the initial wire transfer.) All amounts due and payable must be paid prior to the releasing of Equipment for pick-up or transport. The consignor shall reserve the right to have deposit for sold unit to Buyer before the payment due date.
All bids and offers for Equipment must be net of any taxes imposed with respect to the purchase of the Equipment. You are liable for all such taxes or for establishing to the Auctioneer’s satisfaction, a valid exemption certificate from such taxes. You remain liable for any sales or use tax liability.
The listing of Items for bidding ("Auction List") prepared for the Auction is prepared only as a guide. You understand that the Auction List cannot provide detailed and accurate information, such as conditions of each item of Equipment. The Auctioneer has no liability for any discrepancies between the Auction List and the actual Equipment.
All items sold in the Auction are sold on an “AS IS” “WHERE IS” basis, without any warranty expressed or implied.
You agree to defend, indemnify, and hold harmless, the Auctioneer, its employees and agents, against any and all claims, actions, suits, damages, losses, liabilities and expenses (including reasonable attorneys’ fees) arising out of or resulting from the purchase of any Equipment, or of your participation in the Auction or the purchase of Equipment, including but not limited to, a breach of your representations and warranties as set forth in these Terms of Bidding or any documents referenced herein, or for any unpaid amounts due and owing to Seller or any unpaid sales or use tax liability or any other tax liability whatsoever.
Bidder shall also indemnify and hold harmless, the Auctioneer, its employees and agents, against any and all loss, liability, damages, claims, demands, costs and expenses, (including reasonable attorneys’fees) of whatsoever nature, arising out of, in connection with, or resulting from the possession, use, or operation of the Equipment purchased in the Auction.
THE SITE AND ANY OTHER SERVICES, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSIBLE THROUGH THE SITE OR OTHER SERVICES (INCLUDING BUT NOT LIMITED TO ANY INSPECTION OR INSPECTION REPORT) ARE PROVIDED ON AN "AS IS, WHERE IS, AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE AUCTIONEER DOES NOT WARRANT THAT THE SITE OR OTHER SERVICES, OR ANY OF THE FUNCTIONS, FEATURES, OR CONTENT THEREOF, INCLUDING BUT NOT LIMITED TO ANY INSPECTION REPORT, WILL BE FUNCTIONAL, TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. THE AUCTIONEER MAKES NO WARRANTY THAT THE SITE OR OTHER SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOUR SOLE REMEDY FOR ANY DISSATISFACTION WITH THE SITE OR OTHER SERVICES IS TO DISCONTINUE USING THE SITE AND OTHER SERVICES. NO ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE AUCTIONEER OR THROUGH THE SITE AND OTHER SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY CONTAINED HEREIN.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE AUCTIONEER BE LIABLE FOR ANY SPECIAL OR INDIRECT DAMAGES, INCLUDING INCIDENTAL AND CONSEQUENTIAL DAMAGES, WHETHER IN TORT OR CONTRACT OR UNDER ANY OTHER THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS AND LOSS OF CONTRACTS, EVEN IF THE AUCTIONEER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Winning Bidder is responsible for dismantling, loading and shipping the Equipment for transportation, unless otherwise noted in the listing details for the Equipment. The Winning Bidder shall remove the Equipment from Seller's premises no later than (1０) business days after the close of the Auction, after which the Winning Bidder may be responsible for payment of any storage fees, and in some cases, payment of cost to transport the Equipment to an alternate location. The Auctioneer reserves the right to remove items from Consignor’s site and charge Buyer all applicable moving and storage fees.
The responsibility and risk of loss for Equipment shall be and remain at the risk of Seller (and not the Auctioneer) until the earlier of: (i) the removal of the Equipment from the location of the Equipment by the Winning Bidder or Winning Bidder’s designated transportation provider or (ii) receipt by Seller of all proceeds from the sale of the Equipment. Thereafter, the Equipment shall be and remain at the risk of the Winning Bidder (and not the Auctioneer).
If, ①for residents from the US and Canada after (6) business days, or ②for residents of other countries after (12) business days (which includes a two (2) business day grace period) following the close of an Auction, the Winning Bidder has not made full payment of the Winning Price and all other applicable fees, the Winning Bidder is in default. You agree that the damages to the Auctioneer will be difficult to determine. Therefore, if you are the Winning Bidder and are in default of your payment of the Winning Price, you agree to pay the Auctioneer the higher of $5,000 or 25% of the Winning Price, to compensate the Auctioneer for damages caused by the breach, and you agree that such amount is a reasonable estimation of such damages.
The Auctioneer may deem the Winning Bidder’s failure to claim and remove the Equipment within sixty (60) days following the close of an Auction to be evidence of the Winning Bidder’s intention to abandon the Equipment, and the Auctioneer may take action that is adverse to the Winning Bidder’s interest in the Equipment, including, but not limited to, any appropriate steps under the law to dispose of the Equipment. Notwithstanding the foregoing, the Winning Bidder is still liable for the full amount of the Winning Price and any default penalty and storage fees.
The Winning Bidder is responsible for all freight, shipping and other costs related to transporting the Equipment from the posted Equipment location to its final destination. These costs include, but are not limited to, dismantling, special handling, loading, transportation costs and permits required to move the Equipment. The Winning Bidder may arrange transportation of Equipment through one of the logistics companies introduced on the Site, however, the Auctioneer shall not be liable for any acts or omissions arising from any transportation arrangements. The Winning Bidder or Bidder’s Agent such as transportation company arranged by the Bidder has to bring the Delivery Instruction Document (DID) at the time of the pickup in order for the Auctioneer to release the item. The DID includes pickup details of the item, and is issued to the Winning Bidder upon confirming the full payment by the Auctioneer.
Without Showing "Pick Up Document", Quantos Auction cannot release successful bid unit at the time of successful bidder's pick up.
The Winning Bidder must have all such certificates and permits issued and completed prior to transporting the Equipment. If you plan to export Equipment through U.S. Customs, we recommend that you engage the services of a U.S. forwarding agent to prepare documents that are required by U.S. Customs Control. These documents may include a power of attorney that authorizes a forwarding agent to complete the necessary Shipper Export Declaration (SED) and filing the Automated Export System (AES) record. For a fee, the Auctioneer can provide Equipment invoices or a notarized Bill of Sale to facilitate exports. The Auctioneer cannot provide Manufacturing Statements of Origin (MSO's) on used Equipment bought from the Site nor can we be held responsible for lack of manufacturers' identifying numbers or engine or serial numbers.
Any dispute or controversy arising from or in connection with this agreement, the Auction, or the relationship of you and the Auctioneer shall be governed in all aspects by the laws of the state of Illinois, without regard to its choice of law principles. Any dispute or controversy between you and the Auctioneer arising from or in connection with this agreement, the Auction, or the relationship of you and the Auctioneer, which cannot be settled by mutual accord without undue delay, shall be finally settled by arbitration in the state of Illinois, in accordance with the rules of the United States Commercial Arbitration Association, and any award thereof shall be final and binding on all parties.
The parties’ obligations hereunder are subject to, and the parties shall not be held responsible for, any delay or failure to make delivery of the Equipment due to acts or circumstances beyond the control of the parties, including, but not limited to, labor difficulties, fires, casualties, accidents, acts of God, transportation difficulties, or governmental actions. In the event of the occurrence of any of the foregoing, the parties shall be excused from performance until such time when the parties can reasonably resume such performance.
The content of the Terms of Bidding may be changed or altered without prior notice to you. Once posted, such changes shall immediately come into full force and effect. Your continued use of the Site and/or the Auction services after such changes are posted will constitute your agreement to such changed Terms of Bidding.
Americ Machinery Corporation
Suite 120, 690 Walnut Avenue,
Vallejo CA, 94592