Terms & Conditions
Terms & Conditions
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“Buyer”) and Cutting Edge Equipment CO, LLC and its various affiliates (individually and collectively, “Cutting Edge Equipment CO, LLC” “we,” “our,” or “us”). These terms and conditions are in addition to, and not in lieu of, any more specific agreements you may have or make with Cutting Edge Equipment CO, LLC. To the extent there is any conflict between these terms and conditions and other more specific agreements you have signed with Cutting Edge Equipment CO, LLC, those other more specific agreements will control. Cutting Edge Equipment CO, LLC may amend these terms and conditions at any time by posting an amended version on its website, which shall become effective on the date of posting. BY ACCESSING, BIDDING, USING, BROWSING, OR BUYING ON OR THROUGH Cutting Edge Equipment CO, LLC, YOU HEREBY ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. Time is of the essence with respect to all of your duties hereunder.
* You hereby certify and agree that all bidding registration and representative information you have provided to us, via Auctiontime.com, Cuttingedgeequip.com or otherwise, is true, correct, and complete, and you will promptly notify us in writing, via cuttingedgeequip.com, if there is any change to the information you have provided. Persons under the age of eighteen (18) are not eligible to bid
Terms of Sale:
* You hereby agree to the following terms of sale for each item you buy or sell through Cutting Edge Equipment CO, LLC:
o Buyer is the transferee and agrees to purchase the item; Seller is the transferor and agrees to sell the item. Cutting Edge Equipment CO, LLC is merely the auctioneer or facilitator in the transaction and expressly disclaims any and all express and/or implied warranties as to merchantability, fitness for a particular purpose, or any other matter whatsoever with respect to the item. You hereby acknowledge and agree to satisfy yourself as to the condition and value of an item and the terms of any bid before bidding or selling. You further agree to look to the counter-party Buyer or Seller (as applicable) in such a transaction, and not Cutting Edge Equipment CO, LLC, for any and all legal claims or causes of action.
o All items must sell through the auction process, no pre-sales. Payment is to be received within 3 days of auction closing regardless of your method of finance. Your financing needs to be taken care of before bidding. We are NOT responsible for dealing with your finance company. Our Seller(s) personal information will not be given out and any liens or encumbrances of the items will not be satisfied until the payment is made in full. Items with titles will be issued. Items listed bill of sale only or no title will not come with a title. There is a $50.00 title fee associated with all titled items that will need to be paid before item is released. Titles will be delivered, via certified mail, to Buyer(s) within 30 days of payment made, or, as
soon as practicable following the receipt of the title by Cutting Edge Equipment CO, LLC from the Seller(s), whichever date comes earliest. Buyer(s) will be responsible for all costs of re-sending the title and associated documents if Buyer provides the wrong address. If Buyer(s) lose the title and need a
duplicate, Buyer(s)will be charged $200.00 to process the duplicate title and any fees associated with
the state to acquire the documents needed.
Payment: - Payment must be made in full before access to item or item location will be released for
pick-up. If you do not send payment a formal complaint will be filled with Auctiontime.com and your
bidder rights may be terminated. Payment Terms: WIRE TRANSFER OR CASH! Cash is only accepted on
items under $1,000.00 or at auctioneer’s discretion. If paying cash, the total amount must be paid
before access to the item or its location will be permitted for pick up. Credit Cards will have a 3.5% fee added to the total amount processed. Taxes will be applied to qualifying
purchases unless a tax exemption document is provided. It is the responsibility of the Buyer(s) to
produce any documentation for tax exemptions. A $10.00 wire fee for domestic wires and a $40.00 wire
fee for international applies to all incoming wires. If wire fee is not included the item will not be released
until the correct amount has been paid in full. Buyer is responsible for any taxes. Inspection: - You are
strongly encouraged to inspect items before bidding. Inspections are by appointment only. Cutting Edge
Equipment CO, LLC strives to accurately describe all items, provided, however, that the description of
such items is taken from information given by the Seller(s). Please call if you wish to verify details of the
item’s description. Ultimately it is up to you to personally inspect or have a third party inspect on your
Disclaimer of Warranties:
-UNLESS OTHERWISE SPECIFICALLY SET FORTH HEREIN OR IN A MORE SPECIFIC AGREEMENT YOU MAY
HAVE OR MAKE WITH Cutting Edge Equipment CO, LLC, ALL ITEMS ARE SOLD ON AN “AS-IS” BASIS.
Cutting Edge Equipment CO, LLC CANNOT AND DOES NOT WARRANT THE ACCURACY, COMPLETENESS,
CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY, OR FIRTNESS FOR A PARTICULAR PURPOSE OF
ANY ITEM. You hereby agree that the preceding disclaimers of warranty are “conspicuous” disclaimers
for purposes of any applicable law, rule or order.
-You hereby agree to indemnify, defend, and hold harmless Cutting Edge Equipment CO, LLC, its
successors and assigns, and each of their respective directors, officers, employees, shareholders,
members, representatives, independent contractors, and agents, from and against any and all claims,
losses, demands, causes of action, debts, or liabilities, including attorneys’ fees, arising out of or relating
to: (a) any personal injury or property damage that you may cause, either solely by your own
actions or jointly with others, to Cutting Edge Equipment CO, LLC, and/or any personnel or other
customers of Cutting Edge Equipment CO, LLC, or any third parties, or the property of any of the
foregoing; (b) The breach or alleged breach of any agreement or obligation hereunder or under any
other agreement that you may have with Cutting Edge Equipment CO, LLC (c) Any transportation claims;
(d) Any actions Cutting Edge Equipment CO, LLC may take as your agent or representative; (e) Your use
of any items sold through Cutting Edge Equipment CO, LLC; and, (f) Any liability or obligation, including
any caused in part by Cutting Edge Equipment CO, LLC, that may otherwise arise from the Buyer(s)
participation in any sale or auction conducted by Cutting Edge Equipment CO, LLC, and your presence at
any premises owned or operated by Cutting Edge Equipment CO, LLC.
Waiver and Release of Liability:
-You hereby waive any claim or cause of action that you may have, either now or in the future, against
Cutting Edge Equipment CO, LLC, and hereby release Cutting Edge Equipment CO, LLC from any and all
liability under such claim or cause of action, in each case to the extent such claim or cause of action
arises from or relates to: (a) Your entitlement to the protection of any consumer protection statute, rule
or order; (b) Any bidding or disclosure issues that may occur at an auction conducted by Cutting Edge
Equipment CO, LLC (c) Any transportation claim; (d) Any damage to your vehicles left or stored on any
premises owned or operated by Cutting Edge Equipment CO, LLC, regardless of compensation paid to
Cutting Edge Equipment CO, LLC for such storage; (e) any personal injury or other property damage
suffered while on or around any premises owned or operated by Cutting Edge Equipment CO, LLC; and
(f) any actions taken by Cutting Edge Equipment CO, LLC as your agent or representative.
Limitations of Liability:
-Under no circumstances will Cutting Edge Equipment CO, LLC, or its directors, officers, employees and
agents, be liable to you for any consequential, special, incidental, indirect, punitive, exemplary, or
similar damages (including, without limitation, damages for lost revenues or profits, or damages for loss
of business), even if Cutting Edge Equipment CO, LLC, or its directors, officers, employees and agents are
advised beforehand of the possibility of such damages.
Choice of Law and Consent to Jurisdiction:
-These terms and conditions shall be governed by the law of the State of Colorado, where Cutting Edge
Equipment CO, LLC maintains its headquarters. In the event that any claim or dispute between you and
Cutting Edge Equipment CO, LLC, you hereby agree that non-exclusive jurisdiction and venue for such
claims and disputes shall exist in the federal and state courts located in Garfield County, Colorado. You
further agree and acknowledge that you may not file suit against Cutting Edge Equipment CO, LLC in any
jurisdiction or venue except Garfield County, Colorado. Shipping: - All item(s) must be shipped or picked
up within 14 business days. If the item(s) are not shipped or picked up within such 14-business day
period, a $25.00/day storage fee will be applied. Such storage fee must be paid prior to the item being
released. Once storage fees reach the price paid for the item at auction OR Buyer(s) has not picked up
the item within 30 days, unless otherwise agreed to by Cutting Edge Equipment CO, LLC in writing, such
item shall be treated as abandoned, and the item may be re-sold, regardless of payment. In such event,
payments made on the abandoned item
are non-refundable. All Buyer(s) must contact Cutting Edge Equipment CO, LLC at least 48 hours in
advance to schedule pick-up of their item. Pick-up times are generally Monday through Friday 8am to 5pm but can vary by Seller(s) schedule. Weekend and after hour pick-ups are at the Seller(s) discretion.
If Buyer(s), or his driver or agent, arrives without scheduling pick-up, the item may not be delivered. Buyer(s) are responsible for the correct transportation of items purchased and Buyer(s) are solely liable for securely transporting such items, through such means as the Buyer(s) deem sufficient. Colorado
residents are subject to sales tax unless an approved exemption is presented.