Buyer Terms and Conditions
These terms and conditions are between You the Buyer and Kirk Griffin Services, Inc. (KGSI) the Seller.
Bids placed by the buyer are binding towards the Seller and cannot be retracted.
You, as the buyer, are liable for all applicable taxes. State of Texas sales tax will be added to the purchase of all items sold unless the buyer presents legitimate and appropriate tax exemption forms. Tax will be collected on the final bid plus any buyer premium that may be added.
You shall remit full payment for purchased equipment and other amounts including the applicable taxes and buyer premium within 3 business days after the conclusion of the auction. No items can be removed from the premises until payment in full has been made. If the item is paid by check, the check has to be cleared before the item can be removed from the premises.
Acceptable forms of payment are Bank Wire Transfer, Cash, Cashiers Check or Money order, Personal or Business check only accompanied with an irrevocable bank letter of credit. Bank wire transfer is preferred. All payments shall be in the form of the United States of America Dollar. USD. No other form of currency will be accepted.
Winning bids are not pending on financing. You will be legally responsible for paying for winning lots, regardless of financing.
If after five (5) business days (which includes a two (2) business day grace period) the conclusion of the auction, binding obligation, you have not made full payment of the Final Selling Price, and all applicable taxes and fees to Seller, you are in default and shall be subject to a Default Fee and Late Payment Fee. Default and Late Fees are assessed in forms of final selling price ranges.
Default Fee: Late Fee: (per business day per item)
$2,500.00 or less $500.00 $10.00
$2,501.00 to $10,000.00 $1,500.00 $25.00
$10,001.00 to $25,000.00 $2,500.00 $50.00
$25,001.00 to $50,000.00 $4,000.00 $100.00
$50,001.00 to $100,000.00 $5,000.00 $250.00
$100,001.00 or greater $6,500.00 $250.00
If bidder defaults on multiple items in the same auction the final selling prices of the defaulted equipment will be added together to determine the applicable default fees. In such event, as well as in regard to any other fees owed by you to KGSI in regard to other transactions, KGSI reserves the right to, and hereby consent that KGSI may, offset any such charges from amounts paid by you and invoice you for the remainder, with invoice to be paid within fifteen (15) days following the invoice date.
Abandoned Equipment: Unless otherwise stated in the Equipment listing, your failure to claim and remove Equipment within sixty (60) days following the payment in full and Item release is deemed to be evidence of the Buyer’s intention to abandon the Buyer’s Equipment. In these instances, KGSI may take action that is adverse to Buyer’s interest in the Equipment, including, but not limited to, steps to dispose of the Equipment on the Buyer’s behalf. Disposition of the Equipment may include a variety of approaches and KGSI will determine the appropriate disposition approach which may include:
a. Moving the item from its existing location and disposing of the item as KGSI deems appropriate; or b. Scrapping the item; or c. Advertising the item for sale, whereby KGSI will remit the resale amount to the Buyer less KGSI’s expenses, storage, fees stated previously in this document, transportation, and other costs, and a 20% administrative fee.
Bidders are held personally liable for any bids made for any particular or cumulative items. The highest bid for each lot shall be the purchaser and become the buyer of that lot.
Any deliberate attempt by buyers to artificially influence the sale price, directly or indirectly, by any user is prohibited, including bidding through a secondary account, agent, or representative on equipment that you may be selling, communicating with other Buyers, or shill bidding.
You the Buyer are responsible for all freight, shipping, and other costs related to transporting the equipment from the posted equipment location to its final destination.
Seller (KGSI) is not responsible for any injuries or damages to property that occurs at the auction site or equipment premises.
All items are sold “AS IS / WHERE IS”, no warranties or guarantees are expressed or implied by Seller (KGSI). Seller (KGSI) does not warrant any equipment or sale item for merchantability or fitness for any purpose.
Seller (KGSI) shall have no responsibility for internet interruptions or delays, beyond their control. Internet bidders are aware that due to the nature of the internet, delays in transmission could result in the auctioneer failing to recognize your bid.
Inspection of the dale items is available and recommended.
Seller (KGSI) shall not be responsible for any errors or misstatements which there may be in descriptions or advertising, either oral or printed. Furthermore, the seller (KGSI) excepts no responsibility what so ever for the authenticity, genuineness, origin, age, condition, or quality, including hours or hour reading on any device, of any lot or item or equipment being sold. Seller (KGSI) only reports what can be visually observed, and makes no guarantees as to actual hours showing on any device or any equipment being sold. All statements as to the matters of description, weather contained in advertising, or made orally are statements of opinion only, and not to be taken as being or implying a statement or representation of fact.
All performance in these terms and condition agreement and the resolutions of any disputes shall be conducted in the English language.
You the buyer agree to defend, indemnify and hold harmless Seller (KGSI), their subsidiaries and affiliate and each of their respective officers, directors, employees, agents, successors and assigns (“indemnified parties”) from and against any claim or demand ( including reasonable attorneys’ and experts’ fees and costs), made by any third party due to or arising out of (a) your breach of this agreement, (b) including without limitation any personal injury, death or property damage caused by or arising out of the subsequent use of any Equipment sold or purchased from seller (KGSI), or (C) your violation of any law or the rights of a third party. Furthermore, you agree to defend, indemnify and hold Seller(KGSI) harmless from and against any and all damages, costs, claims or liability (including reasonable attorneys’ fees) for any injuries to persons or property of any type, occurring during your or your agent’s inspection of the property, your or your agent’s presence at a Seller’s site resulting from the sale, removal, use or operations of the purchased property. KGSI shall promptly notify you in writing of any threatened or actual claim or demand reasonably cooperate with you to facilitate the settlement or defense thereof. You shall have sole control of the defense or settlement of any claim or demand, provided that KGSI, at its option and expense, may participate and appear on an equal footing with you. You shall not settle any claim or demand without the written consent of the indemnified parties, with such consent not to be unreasonably withheld or delayed.
This agreement contains the entire agreement of the parties and supersedes all previous communications, representations, understandings, and agreements, either oral or written. In the event of any conflict between the Buyer Terms and the Site usage Terms and Conditions, the Byer Terms shall control. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be struck out and the remaining provisions shall continue in full force and effect. The failure by either party to exercise or enforce any rights or provisions of this Agreement shall not constitute a waiver of such right or provision. No partnership, joint venture, franchisor-franchisee, or agency relationship is intended or created by this Agreement. You may not assign or transfer this Agreement or your obligations hereunder in whole or in part, whether by operation of law or otherwise, without KGSI’s prior consent. In the event of a permitted transfer, this Agreement shall bind and inure to the benefit of the parties, their respective successors, and permitted assigns. To the extent any novation is required for KGSI to assign this Agreement, you hereby appoint the officers of KGSI as your attorney-in-fact to execute all documents necessary to effect such novation. All provisions in this Agreement regarding representations and warranties, indemnification, disclaimers, limitations on liability, and payment obligations for fees incurred prior to the termination date shall survive any termination of this Agreement. Any delay in the performance of any duties or obligations of either party will not be considered a breach of this Agreement if such delay is caused by a labor dispute, market shortage of materials, fire, earthquake, flood, or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to resume performance as soon as reasonably practicable.
The Buyer acknowledges he/she has read and agrees to be bound by these terms and conditions set forth.