Arcadia, FL: Online Only Auction of 2008 Kubota M9540D

Any given week we might be selling Vehicles, Work Trucks, Semis, Sleepers, Tractors, Trailers, Farm, Construction, Logging, other types of Equipment and Attachments

 

Bidding Opens: June 1, 2022 at 5:00 PM CDT
Sale Ends: Wednesday, June 8, 2022 at 2:12 PM CDT

 

 

IN PERSON INSPECTION ENCOURAGED. Payment via Wire due within 3 days.
**DO NOT BID UNLESS YOU INTEND TO PAY FOR THE ITEM**

 

All items are being sold “As-Is, Where-Is” with no guarantees whatsoever.
Items are free from encumbrances, and are able to be sold. All sales are final.

 

Any description or information given on a lot is typically provided by the Seller and not guaranteed, warranted, or assumed by the Auctioneer. Buyer must rely solely on their own inspection. It is the bidder's responsibility to determine condition, age, genuineness, fitness for purpose, safety compliance, or any other determinative factors. We encourage in person inspections of all items before bidding.

 

All items offered for sale at the Auction ("Items", "Property", "Product", "Purchases") are offered by Auction Management Corporation ("Auctioneer"), as Seller's agent, subject to the following Terms and Conditions of Sale, which, combined with any specific terms as posted in materials and on AuctionTime.com, make up the Complete Terms and Conditions of Sale.

 

PAYMENT:
Full payment is required via wire transfer within 3 business days of the end of the auction (unless prior arrangement is approved). No items will be released until payment is made in full. Successful bidders must make contact with Auctioneer within 24 hours of the completion of the auction to verify payment timeline. 770-980-9565 or 877-980-9565.

 

An invoice will be sent to the email address registered with AuctionTime.com after the sale concludes. The invoice will include the wire transfer instruction. No Checks or Cash will be accepted. Credit card payments may be considered for invoices that total less than $500. Accepting credit card payment is at the sole discretion of the Auctioneer.

 

Purchase Price = High Bid Amount + Buyer’s Premium + Applicable Tax

 

BUYERS PREMIUM:
A Buyer’s Premium (BP) will be added to the winning bid amount for each item purchased. Each lot listed on AuctionTime.com will have a red link to “View Buyer’s Premium” and some lots may have different Buyer’s Premiums in the same auction event. Please be sure to make note of each lot’s BP and consider that additional fee prior to bidding.

 

TAX:
Tax may or may not be applicable depending on location and asset type. For buyers that reside in the state of Georgia, contact the auctioneer for sales taxes that may apply. It is the Buyers responsibility to contact the Auctioneer with specific tax questions and pay invoiced tax amounts per Auctioneer’s direction and discretion.

 

TITLE:
For items requiring a Certificate of Title, A Certificate of Title will be transferred by Seller upon full payment at Pick Up. It shall be the responsibility of the Buyer and the Seller to arrange a mutually agreeable time and location in which to complete the transfer of property, Title, and all required paperwork. Should Seller fail or refuse to deliver clear Title to the property, Buyer’s sole remedy will be refund of the Purchase Price.

 

PICK UP:
Shipping or pickup is the sole responsibility of the Buyer. Buyer must provide his or her own labor, materials and packing supplies.

Items must be picked up within 10 business days of funds being cleared (unless other arrangements are approved). Auctioneer will notify the Buyer when the funds have cleared. If not removed within this period of time, there will be a $25 per day storage fee for every day following the initial period. Items not picked up within 20 business days without arrangements may be considered abandoned and subject to resale.

Buyer or Buyer’s Agent must confirm in writing that the item(s) received at Pick Up meets the expectation set by the Seller in auction descriptions prior to leaving the premises. If Buyer or Agent refuses or fails to confirm asset description accuracy via text, email, or other documentation prior to removal and later finds a discrepancy, there will be no return of funds or other remedies provided by Auctioneer or Seller.

Auctioneer is not responsible for any Seller inaccuracies as to the description or condition of items. Auction Management Corporation is not responsible for any damage to the item(s) sold after the date of sale, or any damages involving the item(s).

 

BIDDING:
All bids must be submitted using the AuctionTime.com online bidding system. Buyer is responsible to confirm their bids for accuracy. Auctioneer is providing online bidding as a service to Buyer using a Third Party Bidding System. Under no circumstances shall Buyer hold Auctioneer liable for system failures resulting in Buyer’s bid not being properly submitted.

 

REPRESENTATIONS:
All items are being sold “As-Is” with no warranty. Auctioneer shall not be responsible for the correct description, authenticity, genuineness of or defect in any lot, and makes no warranty in connection therewith. On-site inspection of items being sold is recommended. Auctioneer makes every effort to provide accurate information about the items being sold. However, neither Auctioneer nor its Client will assume responsibility for Buyer’s bidding errors. It is Buyer’s full responsibility to confirm the accuracy of items offered for sale. Buyers are recommended to inspect all items. Descriptions and photos are offered as a guide only. Do not rely solely on photos to make buying decisions, be sure to read descriptions, and to personally inspect the assets. Auctioneer shall not be held responsible for such errors as posting the wrong photo for an item. When in doubt about the condition of an item, please bid accordingly.

 

ALL SALES FINAL:
A successful bid at auction, whether live or online, constitutes a legally binding contract of sale. All sales are final. There will be no refunds, returns or exchanges.

 

FAILURE TO REMOVE PURCHASES:
In the event items are not removed in the time frames allotted, the items purchased shall be deemed abandoned and Buyer will lose any right, title or interest Buyer may have acquired and the items shall revert and repossess to Auctioneer and/or Seller without further notice to Buyer. Auctioneer shall also be entitled to reimbursement from Buyer for any costs associated with the removal, storage and reselling of Buyer's items, and any other charges, fees, and expenses incurred as a result of Buyer's failure, including all attorney fees and costs incurred by Auctioneer to enforce Buyer’s obligations hereunder.

 

FAILURE TO PAY:
In the event Buyer fails to pay the entire purchase price by the payment deadline, the items purchased shall be deemed abandoned and Buyer will lose any right, title or interest Buyer may have acquired and the items shall revert and repossess to Auctioneer and/or Seller without further notice to Buyer. In addition, Buyer may be prohibited from participating in future auctions.

 

NON-DELIVERY:
Until such time as purchased items are removed from the premises by the Buyer, Auctioneer shall have the right to cancel or void the sale of any such items purchased by Buyer. Auctioneer shall have no liability to Buyer due to the non-delivery of any purchased item other than the return of Buyer’s payment. No claim of any kind for purchased items, whether or not based on negligence, shall be greater in amount than the purchase price paid by Buyer.

 

ABSENCE OF WARRANTIES:
The condition of the items being offered varies.
The Buyer understands and agrees:
(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, SALEABILITY, 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.

 

ACTS OF OTHERS:
Persons in attendance during inspection, sale or removal of merchandise assume all risks of damage or loss to persons, property, or merchandise and shall exercise proper precautions at all times for the protection of persons and property and shall comply with all safety and health requirements as directed by Auctioneer, and local, state and federal regulations. Neither Auctioneer, its agents, its employees or representatives shall be liable by reason of any defect in or about the condition of the premises on which the auction is held. Buyer specifically releases Auctioneer, its agents and representatives from all liability thereof.

 

LIMITS OF LIABILITY:
In no event shall Auctioneer’s liability to a Buyer exceed the purchase price actually paid for an individual item or lot. A Buyer’s claim shall be limited to the amount paid for the merchandise, and shall not extend to any obligation, risk, liability, right, claim, remedy for loss of use, revenue or profit, liability of Buyer to any third party, personal injury, or any other direct, indirect, incidental or consequential damages. Buyer further acknowledges that each item it purchases at the sale represents a separate transaction, and that no one transaction shall be conditioned upon another transaction. Buyer hereby holds Auctioneer harmless from: (1) the acts or omission 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.

 

RIGHT OF REMOVAL:
Auctioneer reserves the right to remove any person from the auction site and to refuse that individual’s bid, whether offered live, by proxy or by Internet. In such an event, any outstanding deposit will be immediately returned.

 

INDEMNIFICATION:
Buyer shall indemnify, hold harmless and defend Auctioneer, owners and building owners from and against any and all losses, damages, liabilities and claims, including attorney fees, costs and expenses arising out of based upon or resulting from:
(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 from 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.