Untitled Document
By order of :
Kimball Electronics
SHORT NOTICE SALE!
Complete Closure of Kimball’s Ireland SMT Facility
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Featured Items
Surface Mount Equipment
- (2) DEK Horizon 265 Screen Printers
- Universal Radial 8 2.5/5.0 Triple Span Insertion Machine
- Universal Radial 3 - 6358 (upgraded to 5) Insertion Machine
- Universal VCD 6241 Insertion System
- Universal 4796A HSP
- Universal 4796B HSP
- Universal GSM2 Placement Machine
- Cyberoptics KS Flex 18 & KS75 AOI Systems
- Vitronics Soltec XPM730 Reflow Oven
- Heller 1800W Reflow Oven
- Vitronics Deltawave 6622C Lead Free Wave Solder Machine (2003)
- Pillarhouse Ruby Selective Solder System
- Cencorp TR55000 (Inline) & TR2100 Board Routers
- Board Splitters & (10) Zebra Printers
- Quantity of Universal Feeders
- Large Quantity of Board Handling Equipment
Electronic Test & Measurement
- Tektronix TDS7704B 7 GHz 4 Channel Oscilloscope
- Agilent / HP 8753E 30KHz – 6GHz Network Analyzer
- Rohde & Schwarz FSP 9KHz – 7GHz Spectrum Analyzer
- Agilent / HP E4402B 9 KHz – 3 GHz Spectrum Analyzer
- Tektronix TDS7104 1GHz 10GS/s 4 Channel Digital Oscilloscope
- Tektronix TDS754D 500 MHz 4 Channel Digital Oscilloscope
- Agilent / HP 8595E 9KHz – 6.5GHz Spectrum Analyzer
- Wavetek TDS754D 500MHz 4 Channel Digital Oscilloscope
- Agilent / HP 8110A 150 MHz Pulse Generator
- Agilent / HP 85024A 300KHZ – 3 GHz High Frequency Probe
- Fluke 45 5.5 Digit Digital Multimeter
- Agilent / HP E3644A DC Power Supply
- Agilent / HP E3610A DC Power Supply
- (2) Teradyne Spectrum 8851 ICTs
- Teradyne Spectrum 8832 ICT
General Factory Equipment
- JLG 2032E2 Zip Access Platform
- Tool Room equipment
- Nissan 2.8 Ton Electric Forklift
- Ingersoll Rand IRN30K Packaged Air Compressor (2007)
- Pallet Racking, Office Equipment and Furniture
- Various Metro Trolleys & Benches
- General Office and Canteen Equipment
In conjuction with:
 
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Sale Details
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Tuesday November 11, 2008 at 9:00am (GMT).
Items begin to close Wednesday November 12, 2008 at 2:00pm (GMT).
IDA Industrial Estate, Ballinalee, Co. Longford, Ireland
Absentee (Proxy) Bids & Accounting Contact: Please call 203-488-7020
Equipment & Preview Contact: Please contact Kieron Gammell at + 353 (0) 45 883 554 or kgammell@Eauctions.ie
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Equipment Location and Removal Details
| Longford, Ireland |
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Lot #s: |
1 - 312 |
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Address: |
IDA Industrial Estate, Ballinalee, Co. Longford, Ireland |
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Sales Tax |
15% Buyers Premium and 21% VAT is applicable on sale price and BP.
For EU Members Please provide Valid VAT # and fill out Intra EU Declaration. Send the completed Declaration to:
Fax: +353 (0)1 507 8096
E-mail: kgammell@Eauctions.ie
For Non EU Members, please pay VAT and submit bill of lading and we will refund VAT asap.
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Inspection/ Preview: |
Monday November 10, 2008 from 9am to 4pm (GMT). |
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Removal |
November 17th - 28th: Monday - Friday 9:00am – 4:00pm (GMT)
All items must be removed by November 28th! NO Weekend Removal
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*Shipping Only: |
Please add they should post shipping documents to: Eauctions, 40 Kings Court, Naas, Co.Kildare, Ireland. |
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*Rigging/Shipping: |
Peretech Systems Ltd:
128 Mount Carmel, Newbridge, Co. Kildare, Ireland
Contact: Mr. Jim Leigh
Email: peretech@eircom.net
Phone: +353 86 8533 983
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*The Branford Group does not pack, ship, store, crate or rig items. Buyers may either pick up their items at the designated auction site personally or can arrange for a third party logistics firm to manage the removal process for them. If someone other than the registered buyer at the sale is designated to pick up those purchased assets, the buyer must: 1) Contract with an independent logistics firm or other representative who will dismantle, crate, pack, or ship your purchased items. 2) Coordinate the removal of those purchased items to meet the time deadlines indicated on this page. 3) Submit an "Agent Release Authorization" form which will allow The Branford Group to release items to a third party contractor for shipping, crating or packing purposes. *The Branford Group finds and displays one or more local logistics service providers who understand our removal process, offer specific services, and have certain skills and capacities. We offer this service to you without representations or warranties of any kind whatsoever.
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Sale-Specific Terms Summary
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Payment Deadline: |
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Within one business day after invoice date. |
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Currency: |
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EUROS |
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Language: |
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English. |
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Registration Requirements: |
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Open to the public. Free to bid onsite or via proxy form. All bidders must provide their name, company (if applicable), mailing address and phone number prior to the auction. When applicable, Electronic bidders are required to provide a valid email address and Visa, American Express or Mastercard number. At its discretion, TBG may charge a registration fee for Electronic bidding. This fee will be clearly displayed during the registration process. |
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Deposit: |
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TBG requires a deposit of not less than twenty five percent (25%) of the Buyer's TOTAL PURCHASE PRICE by the end of sale day - with the balance due by the end of the next business day. This can be in the form of cash, a cashiers check, or business check with a bank letter of guarantee. For Electronic bidders, at its discretion, TBG may contact bidders via email or telephone before or during the sale to provide a bank letter of guarantee or wire transfer as a deposit. If TBG does not receive a response from its attempts to contact Buyer or if the Buyer does not provide a deposit, TBG reserves the right to refuse or cancel Buyer's bids and re-sell Goods. |
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Buyer's Premium: |
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15%
Credit Cards will not be accepted for payment at this acution. |
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Sales Tax: |
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See each location for specific percentage. All applicable state sales taxes apply. It is the responsibility of the Buyer to provide documentation necessary for exemption or refund of sales tax paid. |
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Invoices & Payment Instructions: |
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Winning bidders can request a printed paper invoice from the Accounting Manager at the sale location during or after the sale. Electronic bidders will be sent an electronic invoice (usually by the morning after the completion of the sale) to the email address provided during registration. Invoices can be faxed upon request. Detailed payment instructions for each sale are available in the printed lot catalog at the sale location on the day of the sale. Electronic bidders will be sent detailed payment instructions via email along with their invoice. |
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Payment Conditions: |
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TBG must receive the balance of the total purchase price no later than the close of business on the day following the auction (the "Final Payment Date"). All payments must be in cash, cashier's or certified check, federal wire transfer of immediately available funds or a corporate check accompanied with a bank letter of guarantee, and all of the foregoing must be in form, scope and substance acceptable to TBG. Credit cards are accepted for payment, Electronic bidding registration and for Liquidated Damages in the event of a default. If paying by credit card, the exchange rate for sales conducted in foreign currencies will be posted the day of the sale and will be based upon the current currency conversion rates. Without limiting TBG's discretion, no corporate checks without a bank guarantee and no personal checks will be accepted. No title shall pass to Buyer until the total purchase price and all Taxes have been paid to TBG in collected funds.
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Removal, Shipping & Logistics: |
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The buyer (or a third party Authorized Agent contracted by the buyer) is responsible for removal of equipment by the posted Removal Date. |
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Detailed Sale-Specific Terms & Conditions
***Updated April 1, 2008***
TERMS OF SALE
Set forth below are the terms and conditions (the "Terms") that shall apply to any purchase by any party (a "Buyer") either directly from Branford Auctions, LLC ("TBG") or in a transaction (a "Transaction") in which TBG serves as broker, agent, liquidator or auctioneer for any third party owner. The Terms apply to all Transactions, including without limitation, public auctions conducted by TBG and direct purchases by Buyer of any item either before, after or independent of any public auction. By using or accessing any and all TBG Services and or Websites you agree your have read and understand the Terms and Conditions stated herein and are bound to these Terms and Conditions. You may not use or access any and all TBG Services if you do not agree to the Terms and Conditions stated herein. If you do not understand any or all the Terms and Conditions herein please contact TBG at 203-488-7020 for further assistance.
TERMS AND CONDITIONS
1. All machinery, equipment, merchandise and other items (the "Goods") are sold on an "AS IS/WHERE IS" basis with no warranties or representations whatsoever, either expressed or implied. Neither TBG nor the consignor makes any warranties or representations of any kind or nature with respect to the property or it's value, and in no event shall they be responsible for correctness of description, genuineness, attribution, provenance, authenticity, authorship, completeness, condition of the property or estimate of it's value. No statement (oral or written) in the catalog, at the auction, or elsewhere shall be deemed such a warranty or representation, or any assumption of responsibility. Prospective bidders are urged to contact TBG directly for detailed information regarding any lot. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY are expressly disclaimed.
2. Registration. Buyers must register prior to bidding at any auction sale and must be of legal capacity to enter into this agreement. All bidders must provide their name, company (if applicable), mailing address and phone number prior to the auction. By registering you represent and warrant any and all Buyer Information is accurate and complete. It is solely the Buyers responsibility to maintain current Buyer Information for completeness and accuracy. TBG reserves the right to deny and or terminate Registrations at any time at its sole discretion without notification. TBG reserves the right to deny usage and access of TBG Services and Websites at any time without notice or liability to any persons or third parties. When applicable, Electronic bidders are required to provide a valid email address and Visa or Mastercard number. At its discretion, TBG may charge a registration fee for Electronic bidding. This fee will be clearly displayed during the registration process. THE BIDDER AUTHORIZES TBG TO CHARGE LIQUIDATED DAMAGES TO THE CREDIT CARD LEFT ON FILE DURING THE REGISTRATION PROCESS. (See section 9 "Default" below.)
3. Deposits. TBG requires a deposit of not less than twenty five percent (25%) of the Buyer's TOTAL PURCHASE PRICE by the end of sale day - with the balance due by the end of the next business day. This can be in the form of cash, a cashiers check, or business check with a bank letter of guarantee. For Electronic bidders, at its discretion, TBG may contact bidders via email or telephone before or during the sale to provide a bank letter of guarantee or wire transfer as a deposit. If TBG does not receive a response from its attempts to contact Buyer or if the Buyer does not provide a deposit, TBG reserves the right to refuse or cancel Buyer's bids and re-sell Goods.
4. Invoices & Payment Instructions. For Onsite and Webcast auctions, winning bidders can request a printed paper invoice from the Accounting Manager at the sale location during or after the sale. Electronic bidders will be sent an electronic invoice to the email address provided during registration. Invoices can be faxed upon request. Detailed payment instructions for each sale are available in the printed lot catalog at the sale location on the day of the sale. Electronic bidders will be sent detailed payment instructions via email along with their invoice.
5. Payments. TBG must receive the balance of the total purchase price no later than the close of business on the day following the auction (the "Final Payment Date"). All payments must be in cash, cashier's or certified check, federal wire transfer of immediately available funds or a corporate check accompanied with a bank letter of guarantee, and all of the foregoing must be in form, scope and substance acceptable to TBG. Credit cards are accepted for payment, Electronic bidding registration and for Liquidated Damages in the event of a default. If paying by credit card, the exchange rate for sales conducted in foreign currencies will be posted the day of the sale and will be based upon the current currency conversion rates. Without limiting TBG's discretion, no corporate checks without a bank guarantee and no personal checks will be accepted. No title shall pass to Buyer until the total purchase price and all Taxes have been paid to TBG in collected funds.
6. Taxes. Buyer must also pay to TBG on or before the Final Payment Date, all sales, export, use and other taxes due to any federal, state or local taxing authority (the "Taxes") as a result of Buyer's purchase, including without limitation, any taxes arising from any Buyer's Premium (as defined below). To receive the benefit of any tax exemption, Buyer must supply TBG with a sales tax exemption certificate acceptable in form, scope and substance to TBG in TBG'S sole discretion.
7. Buyer's Premium. TBG in its sole discretion may impose a buyer's premium ("Buyer's Premium") on any Goods sold. The Buyer's Premium is a percentage that is added to the final purchase price of any item. For Onsite auctions, TBG shall charge and collect from each successful onsite bidder a 15.5% buyer’s premium if paying by credit card or 12.5% buyer's premium if paying by cash, cashier’s or certified check, federal wire transfer or corporate check for each sale at the auction, in addition to the purchase price as bid. For Webcast and Online auctions, electronic bidders will be charged a 18% Buyer’s Premium if paying by credit card or a 15% Buyer's Premium if paying by cash, cashier’s or certified check, federal wire transfer or corporate check.
8. Removal. (1) Buyers or their Agents must remove all Goods purchased before the final removal date and time announced by TBG at the auction (the "Removal Date"). (2) No Goods shall be removed until the full purchase price and all applicable taxes thereon have been received by TBG in the form required herein. Any Goods not removed on or before the Removal Date shall be subject to storage charges that TBG may in its discretion impose. ANY ITEMS NOT REMOVED ON OR BEFORE THE REMOVAL DATE SHALL BE DEEMED ABANDONED AND TBG SHALL HAVE NO FURTHER OBLIGATION TO BUYER WITH RESPECT TO SUCH ITEMS. (See also #8C.)
8A. Buyer shall be responsible for the safe and proper removal of any Goods purchased by Buyer. TBG does not pack, ship, store, crate or rig items. Buyers may either pick up Goods at the designated auction site personally or can contract with a third party agent to manage the removal process for them. Before Goods can be removed by an Agent, Agent must provide TBG with (1) proof of payment in full (Paid In Full Invoice) and (2) an "Agent Release Authorization" form which allows The Branford Group to release items to a third party contractor for shipping, crating or packing purposes.
8B. Goods weighing more than 100 pounds must be removed by a qualified, insured rigger. Before any removal, Buyer must provide TBG with a certificate of insurance from the rigger, which certificate must be in form, scope and content acceptable to TBG in TBG'S sole discretion. Without limiting TBG'S discretion, such certificate must show that the rigger carries comprehensive liability insurance written by an insurance carrier of national standing and in an amount of not less than two million dollars ($2,000,000.00). Without limiting the generality of the foregoing, Buyer shall restore and repair all real and personal property that is altered or damaged as a result of Buyer's removal of the Goods. TBG shall have no responsibility to disconnect utilities to the sold asset, including electric, gas, waste and water lines. Buyer is solely responsible to properly remove and store in appropriate containers all fluids, oils, hazardous chemicals, etc., from machinery purchased. Buyer does hereby indemnify TBG, the owner of the Goods and the owner of the premises in which the Goods are located, from any and all claims, damages, and losses arising from Buyer's actions or actions with respect to the Goods and Buyer's presence on the premises in which the Goods are located, including without limitation, injuries to persons or property and environmental violations or contamination. Risk of loss on any Goods shall pass to the Buyer upon payment in full to TBG of all sums due from Buyer in respect to the Goods.
8C. Small Lot Removal. TBG shall have no responsibility whatsoever for any missing or lost items that can be removed by hand if such items have not been removed within forty-eight (48) hours of the conclusion of the sale. There will be NO removal of any lots until the auction is complete.
9 Default. Bidders must bid only on those items they are prepared to pay for and remove in accordance with the terms and conditions of this sale. All items awarded to high bidders are contractually theirs and must be paid for by the Final Payment Date and removed by the Final Removal Date. IN THE EVENT PURCHASER FAILS TO PERFORM CONTRACTUAL OBLIGATIONS (PAYMENT AND REMOVAL) AS SPECIFIED IN THIS INVITATION TO BID, THE FOLLOWING ACTION APPLIES: PURCHASER WILL AUTOMATICALLY BE PLACED IN DEFAULT. THIS IS YOUR OFFICIAL NOTICE OF DEFAULT. Upon default, the purchaser shall lose all right, title, and interest which he/she might otherwise have acquired in and to such property as to which default has occurred. TBG will re-market and re-sell this property.
9A. Payment Default. Failure to pay invoices in full by the Final Payment Date in accordance with payment terms will subject Bidder to pay as Liquidated Damages a sum equal to the lesser of (1) 20 percent of the invoice price of the item(s) as to which the default has occurred, or (2) the full amount of the difference between the original invoice price and the re-sold price plus any expenses incurred to re-market or re-sell these items. IF TBG HAS NOT RECEIVED PAYMENT FOR WINNING BIDS WITHIN 24 HOURS OF THE FINAL PAYMENT DATE, THE BIDDER AUTHORIZES TBG TO CHARGE LIQUIDATED DAMAGES TO THE CREDIT CARD LEFT ON FILE DURING THE REGISTRATION PROCESS.
9B. Removal Default. Failure to remove items by the Final Removal Date in accordance with removal terms will subject Bidder to pay as Liquidated Damages the full amount of the expenses incurred to store or transport items until they are re-sold. IF BUYER HAS NOT REMOVED ITEMS WITHIN 24 HOURS OF THE FINAL REMOVAL DATE, THE BIDDER AUTHORIZES TBG TO CHARGE LIQUIDATED DAMAGES TO THE CREDIT CARD LEFT ON FILE DURING THE REGISTRATION PROCESS.
10. After Buyer has removed any item from TBG'S possession, TBG shall have no obligation to make any adjustment or accommodation to Buyer because of any mistake in quantity or other defect or problem with respect to such item. Buyer must make all requests for adjustments in writing to TBG before any item is removed from the premises where the auction is conducted.
11. TBG shall not be responsible for any damages, loss or theft of Goods except in the case of TBG's willful misconduct. Without limiting the foregoing, TBG shall not be responsible for damages or losses caused by strikes, civil disorders, or acts of God.
12. If for any reason TBG is unable to deliver any Goods purchased by Buyer, TBG'S sole liability shall be to return all sums paid by Buyer to TBG in respect of such Goods.
13. Minimum or Reserve Prices. TBG, in its sole discretion, reserves the right to establish a reserve or minimum price on any Goods without having to announce, post or publish notice to attendees and buyers at any auction. TBG reserves the right to confirm or reject the final bid. Further, The Branford Group, and/or its affiliates or subsidiaries, may bid at the auction either for its own account or on behalf of a third party.
14. Absentee Bids. By completing an "Absentee (Proxy) Bidder Form," Bidders may appoint TBG to be an agent and proxy for the sole purpose of purchasing the items listed when the Bidder CANNOT bid on the day of the sale. ALL BIDS ARE FINAL AND BINDING and DO NOT include any applicable buyer's premiums and sales taxes. TBG will bid up to the specified maximum bid amount to win the item, using only the amount needed to win the item. TBG has complete discretion whether and when to accept Proxy bids. The auctioneer's announcements at the time the lot is sold take precedence on any and all published materials. Proxy bidders will be notified only if they have been declared the high bid. Notification will take place in the form of an electronic invoice which will be sent to the email address provided during registration.
15. TBG, in its sole discretion, reserves the right to refuse the bid of any person without providing any notice or reason therefore. TBG reserves the right to deny the usage and access by any person or third party of any and all TBG Services and Websites without notification.
16. TBG, in its sole discretion, shall control all bidding increments and advances at any auction. The Branford Group reserves the right to reject any bid that is only a minimal increase over the preceding bid, that is not commensurate with the value of the item being offered or that The Branford Group believes was made illegally or in bad faith. In the event of a dispute among bidders, The Branford Group may, in its sole discretion, either accept what it deems to be the final bid or solicit further bids on the item in dispute. No returns or refunds will be permitted, unless authorized by the seller in writing.
17. TBG reserves the right, in its sole discretion, to sell items advertised as a public auction sale, on a piece by piece basis or as a complete lot. Without limiting the generality of the foregoing, TBG may accept a complete lot bid and then conduct an item by item auction which auction shall be effective only if the total proceeds there from exceed the amount of the complete bid.
18. All information provided by TBG to Buyers, including without limitation, any advertising, lot sales catalogs or otherwise, is subject to deletions, errors, additions, and changes without notice. Although information is gathered from sources thought to be reliable, TBG shall have no responsibility whatsoever for any information provided to any attendee or buyers. All buyers shall rely solely on their own investigation and inspection of any Goods.
19. TBG reserves the right to amend any and all of the Terms and Agreements stated herein at any time without notification at TBG’s sole discretion. It is the Buyers responsibility to read and review the Terms and Conditions for each sale. TBG provides the Terms and Conditions through its Websites and in printed form at on-site auctions.
20. If TBG is selling or auctioning any Goods on behalf of a third party owner, TBG shall act as an agent only and shall have no liability whatsoever for the acts of any owner/principal.
21. Buyers agree to comply will all US export control and related laws, and acknowledge that TBG is not the exporter of any purchased item. Certain items offered for sale at the auction may constitute "Restricted Technology." Under federal law, such items may not be shipped outside the United States. TBG makes no representation or warranty concerning, and has conducted no investigation to ascertain which items, if any, constitute Restricted Technology.
22. Buyers acknowledge that an auction site is a potentially dangerous place, Flammable, noxious, corrosive and pressurized substances may be present. Heavy equipment may be operated and electrical circuits may be live. Every person enters the auction site at his or her own risk with notice of the condition of the premises and the activities that will be or have been conducted on the premises. No person shall have any claim against TBG, the seller or their respective agents for any injuries sustained or for damages to or loss of property that may occur at the auction site.
23. If the Buyer fails to comply with any of the Terms, TBG shall have all rights and remedies available to it at law and in equity. Without limiting the generality of the foregoing, TBG may retain all deposits and partial payments received from Buyer and may resell any Goods that Buyer fails to purchase. Buyer shall be responsible for all costs, losses, and damages suffered by TBG (i) as a result of Buyer's breach of any of the Terms, including without limitation, lost profits and consequential damages, and (ii) incurred in connection with the enforcement of TBGS' rights, including, without limitation, legal fees and costs and expenses related to the resale of Goods, including storage and rigging fees.
24. The following is specific to the access and usage of TBG Websites including and not limited to any and all features and applications:
a. Each Registrant will specify a unique User Name and Password and it is solely the responsibility of the Registrant to maintain the confidentiality of this User Name and Password.
b. Registrants are solely responsible for any and all transactions or transmissions using their User Name and Password
c. TBG is not responsible for any and all unauthorized or compromised usage of the Registrant’s User Name and Password. Registrants are responsible for contacting TBG in writing for any and all unauthorized usage of their User Name and Password.
d. Registrants agree they will not:
i. Disrupt, interfere or create outages to computer networks that directly or indirectly affect TBG Websites.
ii. Falsely misrepresent or impersonate any other person or entity. Registrants are forbidden from misrepresenting a Registrant’s employment by or affiliation with any third party.
iii. Registrants are forbidden from posting, uploading, transmitting, publishing or distributing any and all information that contains viruses, code, files or programs with the malicious intent of affecting TBG Websites.
iv. Registrants agree they will not copy, modify, reproduce, distribute or sell any information or material provided through TBG Websites with the intent of commercially TBG Services and Websites.
e. TBG is not responsible for any and all products, content, information or material provided by links to or statements regarding third party services. This includes but not limited to riggers, shippers, partners and any third party services listed.
f. Registrants agree TBG and its affiliates, including partners, officers, directors, employees, agents, shareholders or co-branders, are not responsible for any and all damages, actual or alleged, resulting from the downloading of any information or materials from TBG Websites.
25. Buyers agree they will not participate in any bidding practices with the intent of manipulating the bidding. Any and all forms of collusion between Buyers is forbidden. Buyers agree they will not place bids under false names or Buyer Information.
26. TBG reserves the right to withdraw or sell any assets contained in an auction prior to or proceeding the stated auction period without notification. TBG reserves the right to temporarily or permanently end an auction prior to or during the stated auction period at is sole discretion without notification. TBG, in its sole discretion, reserves the right to extend the stated auction period without notification.
27. Buyers agree they will defend, indemnify and hold harmless TBG, including its affiliates, directors, officers, employees, agents, shareholders, co-branders, or partners, from and against any and all claim, loss, damage, liabilities, judgments, fees and expenses incurred by TBG, including its affiliates, directors, officers, employees, agents, shareholders, co-branders, or partners, through the use of TBG Services and Websites.
E-Auctions Terms and Conditions
1. All lots - which term shall include all forms of personal property whatsoever and property fitted or affixed to land - are tendered for sale subject to these Conditions, no variation of which shall be valid unless made in writing and signed by a person duly authorised by the Auctioneer.
2. In these Conditions “the Auctioneer” shall be the company or firm or person, or his or their servant or agent, who has agreed to auction any lot; “the Seller” shall be the company or firm or person who has agreed to sell any lot; “the Buyer” shall be any company, firm or person whose bid is accepted by the Auctioneer; and “Bidder” shall mean a person who bids for any lot whether on his own behalf (in which case he shall be the Buyer if his bid is accepted by the Auctioneer) or on behalf of a third party (in which case the third party shall be the Buyer if his bid is accepted by the Auctioneer).
3. By making a bid for any lot, the Bidder agrees to be bound by these Conditions, and further warrants that he has due authority and capacity to make the bid and binds both himself and any employer or principal to honour any contract resulting there from. Any bid shall be deemed to be an offer by the Bidder either on his own behalf or on behalf of a Buyer to purchase any lot tendered upon these Conditions alone.
4. The sale of any lot shall be concluded and binding at the moment when the lot is knocked down. The highest bid will be accepted save in exceptional circumstances, such circumstances to be determined by the Auctioneer whose decision shall be unchallengeable.
5. The Auctioneer shall have the sole and exclusive right at the site of the auction to determine all matters whatsoever concerning the conduct and/or effect of any auction sale or purported sale and without prejudice to the generality of the foregoing, he shall be entitled to resolve disputes between bidders, to reject any bid, to withdraw, divide or consolidate any lot or lots and he will be entitled to bid on the Seller's behalf. He will further be entitled to require proof of identity and /or of authority from any bidder.
6. The Buyer must forthwith identify himself and any principal or employer, together with appropriate means of identification, to the Auctioneer, his servants or agents and must pay 25 per cent of the sale price forthwith by way of a deposit. The total sale price, less any such sum, must be paid to the Auctioneer at his office or elsewhere as he may direct. Payment in full shall be deemed not to have occurred until any negotiable instrument has been honoured in full (or cash has been paid) such payment to be made within the time specified in the sale notes.
Time of payment shall be of the essence. The Buyer shall not be entitled to remove any lot from its position at the time of the sale until the purchase price of that of that and any other lot purchased at the auction has been paid in full and in default of payment as aforesaid the Auctioneer shall have a lien upon all lots purchased by the Buyer during the same auction and shall be entitled to rescind the sale in respect of any lot or lots for which full payment is not made in due time, forfeit any deposit paid in respect of them and resell the same without any right of compensation to the Buyer. The Auctioneer shall also be entitled to charge interest upon any unpaid balance at the rate of 1 per cent above Base Rate from time to time or may be entitled to charge interest, whichever is the greater. The Auctioneer shall also be entitled to continue to charge for storage arising after the time for removal at the rate of 25 per cent per annum of the sale price until he elects to rescind the sale, if at all, which election he may make at any time after such non-payment.
7. The title to any lot shall remain with the Seller until the full sale price and any storage and interest charges have been paid to the Auctioneer, but the risk of damage to or loss whatsoever cause and in whatsoever circumstances shall be transferred to the Buyer upon the sale.
8. The Auctioneer warrants that he will only sell lots which he believes to be owned by the Seller or to which the Seller will be able to pass a good title but should it transpire that the Seller's title to any lot is defective or that the Seller cannot pass a good title to the Buyer, the Auctioneer shall be under no obligation to the Buyer, other than to use his best reasonable endeavours (short of litigation), to procure the transfer of a good title to the Buyer and to assist the Buyer in exercising any remedies that he may have against the Seller.
9. The Buyer shall remove any lot for which he has paid in full plus other charges, if any, by the time for removal, which shall be either the time for payment or the time stated in the any sale notes of the Auctioneer, whichever shall be removed without the Auctioneer's express written consent while the Auction is continuing. The Buyer shall be responsible for the removal of the articles and such removal must be carried out safely and lawfully. Flame cutting, the use of explosives or any other potentially hazardous or inflammatory process shall not be permissible at the site without express written consent. The Buyer agrees to insure against and to indemnify the Auctioneer and the Seller against any and all claims arising in respect of injury or damage to person or property whether real or personal, caused by himself, his servants or agents of his principals or employer.
10. Exclusion of Liability
10.1 As this is a sale by auction and the Auctioneer has no historical knowledge of any lot sold by the Auctioneer, all conditions and warranties as to the condition, quality, description or fitness for any purpose of any lot are expressly excluded and neither the Seller nor the Auctioneer will be bound by or liable for any representation of any kind in relation to any lot.
10.2 Neither the Seller nor the Auctioneer shall have any liability for matters outside of their reasonable control.
10.3 Neither the Seller nor the Auctioneer shall have any liability to the Buyer or a Bidder for any:
10.4.1 consequential losses (including loss of profits and/or damage to goodwill); and/or
10.4.2 economic and/or other similar losses; and/or
10.4.3 special damages and indirect losses; and/or
10.4.4 business interruption, loss of business, contracts and/or opportunity.
10.5 Each of the limitations and/or exclusions in these Conditions shall be deemed to be repeated and apply as a separate provision for each of:
10.5.1 liability for breach of contract;
10.5.2 Liability in tort (including negligence);
10.5.3 Liability for breach of statutory duty except for clauses 10.8 and 10.9 below which shall apply once only in respect of all the said types of liability.
10.6 Any potential Buyer and/or Bidder should rely solely and exclusively upon his own inspection of any lot and should not treat statements made in sale particulars or before or during the Auction by the Seller or the Auctioneer either as representations or to be relied upon.
10.7 No vehicle is warranted or held out to be roadworthy and no lot is warranted or held out to be merchantable or safe for use or complying with statutory requirements for use, display or movement. The Auctioneer, his servants and agents have no authority to make representations.
10.8 The liability of the Auctioneer or the Seller to the Buyer or a Bidder shall be limited to the price paid by the Buyer for the lot in question provided also that the total collective liability of the Seller and the Auctioneer to the Buyer or a Bidder shall not exceed the price paid by the Buyer for the lot in question.
10.9 To the extent that any liability of the Seller or the Auctioneer would be met by any insurance of the Seller or the Auctioneer, the liability of the Seller or the Auctioneer shall be extended to the extent that such liability is met by such insurance.
10.10 If any individual exclusion or limitation of liability under this clause 10 is held to be unreasonable or unenforceable the remaining provisions of this clause 10 and these conditions of sale shall remain in full force and effect.
10.11 Nothing in these Conditions shall exclude or limit the liability of the Seller and the Auctioneer for death or personal injury due to its negligence or any liability which is due to their fraud or any other liability which it is not permitted to exclude or limit as a matter of law.
11. The Buyer hereby undertakes to ensure that any lot he purchases will be used, moved or displayed whether at the site of the auction or elsewhere only when he has ensured that such use and/or movement and/or display is lawful and safe.
12. It is expressly brought to the Bidder’s and/or Buyer’s attention that, at the time of sale, any item of plant, machinery or equipment contained in the lot(s) may not necessarily comply with the Health and Safety at Work or any other Act or Acts or Regulations thereunder governing the use of that plant, machinery or equipment in a working environment. Buyers of any such plant, machinery or equipment are hereby required to ensure that the use of any such at a place of work within the Republic of Ireland does not contravene such relevant Act or Regulation thereunder applicable thereto.
13. TOXIC CHEMICALS AND DANGEROUS SUBSTANCES. It is expressly brought to the attention of Buyers and/or Bidders that certain types of plant, or main service installations could contain blue or white asbestos, dangerous chemicals etc., which if not handled correctly during their removal from the site could be in breach of Health and Safety at Work, or any other current legislation covering the use of such substances in a working environment.
14. Where any lots or lots have been sold by count, weight or measurement, no allowance can in any case be made nor shall the Auctioneer or Seller be answerable for any deficiency in quantities, weights or measures, unless claimed for before the Buyer, his agent, carrier or man employed by him, has removed his lot or lots from the premises.
15. Should a Buyer, by himself, his servants or agents cause damage in any way to the site of the auction or damage to or loss of any lot thereat, the Auctioneer shall be entitled to exercise a lien in respect of any and all lots purchased by the Buyer until such damage or loss has been paid for in full, whether or not the lots or any of them have been paid for in full, such loss and damage to be assessed by the Auctioneer whose decision shall be final and unchallengeable. The Auctioneer's assessed sum shall be paid by the Buyer upon receipt of invoice therefore and payment shall be made forthwith, time being of the essence.
16. Neither the Auctioneer nor the Seller are to be responsible for any personal injuries which may occur prior to, or during the progress of the sale, or at any time during the removal of the lots, which must be entirely at the Buyer's risk.
17. If before title to any lot has passed to the Buyer thereof, the Buyer, being an individual, dies, enters into a composition or arrangement for the benefit of his creditors or has a Receiving Order in Bankruptcy made again him or, being a body corporate, has an Administrator, a Receiver or a Receiver and Manager appointed or goes into liquidation or enters into a composition or arrangement for the benefit of its creditors, then the contract for sale of such lot shall be automatically and without notice rescinded unless the Auctioneer elects otherwise within 2 working days of written notice of such an event. Upon rescission, any deposit paid by the Buyer shall be forfeit and the Auctioneer shall be entitled to exercise the rights set out in Clause 6.
18. If a Buyer is permitted to take possession of any lot before the full sale price has been paid, the Seller and/or Auctioneer shall be entitled to enter upon any premises of the Buyer or under his control in order to repossess such lot.
19. If, before title passes to the Buyer under these Conditions, the Buyer nevertheless purports to resell or otherwise dispose of the lot or any interest therein, the Buyer shall hold the proceeds of such sale or other disposition upon trust for the Auctioneer and the Seller jointly until title passes to the Buyer under these Conditions, if at all, and in the meantime the Buyer shall not deal with, charge or dispose of such proceeds except with the written consent of the Seller or of the Auctioneer.
20. These Conditions shall be construed in accordance with and governed by Irish law.
21. The Buyer will pay the Buyer’s premium as stated in the catalogue on the hammer price plus Value Added Tax at the standard rate. The premium is not negotiable and will be charged to all Buyers. The Buyer agrees that the Auctioneer when acting as agent for the Seller may also receive a commission from the Seller.
22. The Auctioneer and its agents act only as agents of the Seller and without personal liability.
23. All software is excluded from any lots sold.
24. Equipment Auctions Ltd T/A Eauctions reserves the right to bid on behalf of its clients
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