Hazel Green, AL: Online Auction of Late Model Screen Printing Equipment By Order of Secured Creditor

Hazel Green, AL: Online Auction of Late Model Screen Printing Equipment

1. any description or sample of the items given or furnished by Auctioneer is solely for  identification and does not create any warranty expressed or implied, that the item actually conforms to such description or sample
2. Buyer or agent on Buyer’s behalf has inspected or has had the opportunity to inspect all of the items upon which Buyer will be bidding and/or does purchase
3. all items are purchased and accepted by Buyer “AS IS”, “WHERE IS” and “WITH  ALL FAULTS”. AUCTIONEER MAKES NO WARRANTIES OR GUARANTEES  WHATSOEVER WHETHER WRITTEN, ORAL OR IMPLIED AS TO QUALITY,  AUTHENTICITY, QUANTITY, CONDITION, USEABILITY, SALABILITY, WEIGHT, MEASUREMENT, YEAR, MODEL, MECHANICAL CONDITION, PERFORMANCE, OR  OTHER SPECIFICATIONS, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY AGAINST PATENT, TRADEMARK, COPYRIGHT OR TRADE SECRET INFRINGEMENT
4. in the event there are manufacturer warranties in effect for the item purchased, Buyer must make all claims thereunder directly with the provider of the warranty. No statement or statements of any other paragraph herein shall be construed to in any way contradict the provisions of this paragraph.
5. All items sold AS-IS, WHERE-IS, with no warranties, expressed or implied. Seller is disposing of used equipment.  Unless otherwise agreed to in writing, the equipment covered by this invoice is sold “as is, where is, and with all faults.”  Seller disclaims any Guarantee or Warranty as to, condition, merchantability, or fitness for a particular purpose.  “Risk of Loss” shall be on the purchaser notwithstanding the fact that the goods have been left in the possession of the seller pending payment. Purchaser shall assume all risk of loss or damage to property or personal injury or death of persons and shall indemnify, defend and hold Auctioneer harmless from all claims, demands, actions, causes of action and liabilities of any nature whatsoever arising out of or in any way connected with the purchase or use of the equipment.  WARNING: The equipment sold under this document is used.  Item(s) may be incomplete or may not be equipped with guards or other safety devices necessary for the particular use you intend or that are required under safety regulations.  Examine carefully for safety deficiencies before operating.

1. the acts or omissions of any party who provided any items to Auctioneer for sale, 
2. the acts or omission of the owner or Lessor of the auction site or the site where the auctioned items are stored, 
3. any claims Buyer may have against Auctioneer, Auctioneer’s client(s), or any former owner of the property being sold, 
4. Buyer’s failure in any way to properly inspect items and/or fulfill its obligations per the terms and conditions of the sale, as indicated within this document or as announced by the Auctioneer at the time of sale.  Auctioneer is providing Internet bidding as a service to Buyer using a 3rd Party Bidding System. Under no circumstances shall Buyer hold Auctioneer liable for system failures resulting in Buyer’s bid not being properly submitted. In the event Buyer provides a deposit or payment using a Credit Card, Buyer acknowledges that it is purchasing under the As-Is, Where-Is terms of the auction and that Buyer shall waive all rights of chargeback based on any claims of misrepresentation, non-delivery, or non-performance.

1. failure to secure all safety equipment and to meet all applicable government safety  standards in removing items purchased or used by Buyer
2. failure to comply with safety instructions issued to Buyer by Auctioneer  
3. any act or omission of Auctioneer, owners, building owners, or their respective  agents, representatives, or employees, relating to or affecting the items bid on or  purchased by Buyer
4. the claim of any third party claiming or challenging title to any items purchased by Buyer or claiming infringement of any proprietary interest
5. the claim of any person resulting from Auctioneer offering for sale or selling the items  purchased by Buyer
6. any injury to Buyer or any other person or property of any type whatsoever caused during the inspection, dismantling, removing, or transporting of items purchased by Buyer.