Yanmar Diesel Engine Excavator SDEE22

Payment Terms: All internet purchases must be paid for within 72 hours by Cash, Bank Wire Transfers, credit card (credit card charges may apply) or an in state Company Check. All purchases not paid for in 72 hours will be charged 2% per Day (unless other arrangements have been agreed upon by auction company) Buyer Premium: 10% 6% sales tax will be charged on all sales including buyers premium, unless purchaser can provide a valid farm or resale tax exemption form.  . Pickup will be  Friday 9-5PMSaturday 9-5PMSunday 1-5pm All items must be removed within 7 days  Any pickups not on the scheduled days are appointment only.  Special Terms of Sale: All items sell 'AS IS-WHERE IS', with all faults and with no guarantees or warranties of any type, expressed or implied, as to the merchantability or fitness for a particular use or purpose. I agree that these terms, as well as all other terms set forth below, can be amended or revised only in writing, signed by the Auctioneer. I also agree that any oral representation made by the Auctioneer shall not modify these 'AS IS-WHERE IS' terms. I understand that any description given in the catalog or written on the equipment is not guaranteed, and I will rely entirely on my own inspection. All information and descriptions contained in advertising this sale are believed correct, but no responsibility is assumed by Auctioneer for any errors or omissions. some items are sold with reserve. Auctioneer reserves the right to bid for seller to protect item.  The highest bidder for each Lot shall be the Purchaser, and in the event of any dispute the Auctioneers shall have absolute discretion either to settle such dispute or to re-offer the lot for sale. Once an item has been declared sold to me, I cannot retract my bid and I will be required to carry through with the purchase. I agree that the Seller, any lien holder, or Auctioneer, either person-ally, through the Auctioneer, or through any other person, shall have the right to bid on behalf of the seller, or on their own behalf. Mallory Auction Company will not be responsible for bids missed due to internet failure, or any other technical difficulty. Purchases become my responsibility and I assume all risk of loss or damage immediately upon declaration of “SOLD” by the Auctioneer. It shall be my responsibility to insure my purchases immediately. The Auctioneer shall not be responsible for any loss or damage to any lot. I agree that I will pay in full with cash or certified funds within the time announced or posted at the auction site. If I pay by wire transfer, my purchase will be released to me upon confirmation of the wire transfer. If I pay by company or personal check, I understand that ownership transfers upon declaration of “SOLD” by the Auctioneer, but I will not be permitted to remove my purchase until the funds are verified paid or I have an approval in writing from the Auctioneer. Any check returned for insufficient funds shall incur a service fee of $50.00, as well as result in the breach of the terms of this contract for failure to make payment as required hereby, in which case Auctioneer shall have all rights and remedies provided herein. If for any reason Auctioneer is unable to deliver my purchase to me, or deliver such purchases free and clear of liens, I agree that Auctioneer may terminate the purchase agreement, in which case Auctioneer's only liability shall be the return of any monies actually paid by me. All items must be removed with-in 7 days, or as otherwise posted at the auction site. All my purchases shall be removed from the auction site without damaging any property and within 7 days of the date of the sale or as otherwise posted at the auction site. All costs, responsibility and risk of such removal shall be borne by me and, in every case, I will use prudence and care in such removal. If for any reason I fail to remove any of my purchases within the time specified, the Auctioneer shall have the right but not the obligation, in its sole discretion, to resell, discard or remove and store said purchase at my sole risk and expense, without waving any rights that Auctioneer or Seller may have against me. I shall be liable for all storage charges and damages paid by the Auctioneer because of my failure to remove my purchases. Storage charges for any items not removed within 14 days of the sale shall be assessed by Auctioneer at a daily rate of $20.00 per day. If I fail to complete the purchase of any item pursuant to these terms and conditions, any money deposited in part payment shall be first applied against Auctioneer's damages, including storage charges, before payment of the purchase price. All items not purchased will be resold by public or private sale without further notice, at my risk and expense. In that event, I will be held responsible for any deficit between my successful bid and the price for which the item is resold and charges arising from such resale. I agree to indemnify and hold Auctioneer harmless from all loss, cost, expense and other damage (including reasonable attorney's fees), directly or indirectly sustained by the Auctioneer or other Seller, arising from or related to my or my Agent's failure to comply with these terms of bidding and sale or other breach of the terms of this Agreement. I shall not be entitled to any portion of the amount received by Auctioneer in the event of a resale in which an item is sold for more than my successful bid. The Auctioneer has described the Lots in the catalog to the best of their ability . The Auctioneer takes no liability whatever in respect of any faults, deficiencies and errors of any description, oral or printed, nor do they accept responsibility for the authenticity, genuineness, origin, hours, age, condition or quality of any Lot and all statements as to these matters whether contained in the catalog or made orally are statements of opinion only and not to be taken as being or implying a statement or representation of fact. The Auctioneer provides no guarantees or warranties (express or implied) in respect of the Equipment contained in the Lot. Auctioneer accepts no liability for any purchase made by a Buyer in reliance upon them. The Buyer acknowledges he/she has read and agrees to be bound by the additional terms and conditions set forth.  We recommend that all potential bidders call before bidding on any item. (859)-983-1128  ask for Dustin Mallory. Please ask any questions you might have before bidding, so that when you get your item there will be no surprises. Transportation Responsibilities:  It is the sole responsibility of the buyer to convey transportation responsibilities to their hired transportation company. 1. Transporter Representations. Transporter will operate his/her vehicle in a safe and prudent manner at all times. Transporter is not under the influence of any drug or alcohol that would impair his/her judgment in loading, securing, and/or transporting the Equipment. Transporter holds all applicable and necessary license(s) required to operate the vehicle being used to transport the Equipment. Transporter carries adequate insurance for themselves, their vehicle, and the transportation of the Equipment. Transporter will comply with all applicable Federal, state and local laws and regulations in which he/she is transporting the Equipment at all times, including without limitation, any dimensional or weight restrictions. Transporter represents that his/her vehicle and related equipment, if any, is in safe working order.2. Duties of Transporter. Transporter shall have the sole responsibility for loading, securing and transporting the Equipment. Transporter acknowledges and agrees that Mallory Auction Company personnel shall have no involvement in loading or securing the Equipment. If Mallory Auction Company personnel are involved in loading and/or securing the Equipment, Transporter nevertheless acknowledges and agrees that Transporter, and Transporter alone, is responsible for making the final inspection, evaluation, and determination that the Equipment has been properly and safely loaded and secured and safe for transportation. Transporter shall determine the means and methods of transportation of the Equipment including the selection of the route or combination of routes it shall use in transporting the Equipment.3. Risk of Loss. Transporter shall have sole and exclusive care, custody, and control of, and responsibility and risk of loss for, all Equipment from the time it is tendered by Mallory Auction Company. Mallory Auction Company shall in no way be liable for any damage which may occur to the Equipment, nor shall Mallory Auction Company have any responsibility to maintain any insurance coverage whatsoever for the benefit of the Equipment or any drivers or other personnel employed by Transporter to load, secure, and/or transport the Equipment. 4. Indemnification. Transporter shall indemnify, defend and save Mallory Auction company and its owners, managers, members, representatives, agents, administrators, employees, successors and assigns harmless from and against any claim, action, suit, and damages arising from loss or damage to persons or property arising from or related to the negligence or misconduct of Transporter or Transporter’s employees or agents in the loading, securing, or transportation of the Equipment, or from any breach of any Transporter representation herein.5. Any firearms will be subject to FFL guidelines 

Friday, August 21st — 9:00 AM to 5:00 PM
Saturday, August 22nd — 9:00 AM to 5:00 PM
Sunday, August 23rd — 1:00 PM to 5:00 PM