This auction site is licensed as an independent auction operator with Online-AuctionSoftware.com, Inc. (OAS). OAS is an entity of Miedema Asset Management Group.

By registering with this site, you authorize OAS to collect and store Personally Identifiable Information ("PII") on our servers in accordance with the Privacy Policy available from the footer of this site.
A credit or debit card is not required to Register, however a credit or debit card is required to place bids.

OAS Customer Service is available to assist you!
Phone: 616-389-6476 8am – 5pm ET
Email: info@oasinternational.com
Chat Online: 8am – 5pm ET

Back

This auction site is licensed as an independent auction operator with Online-AuctionSoftware.com, Inc. (OAS). OAS is an entity of Miedema Asset Management Group.

By registering with this site, you authorize OAS to collect and store Personally Identifiable Information ("PII") on our servers in accordance with the Privacy Policy available from the footer of this site.
A credit or debit card is not required to Register, however a credit or debit card is required to place bids.

OAS Customer Service is available to assist you!
Phone: 616-389-6476 8am – 5pm ET
Email: info@oasinternational.com
Chat Online: 8am – 5pm ET

Timed Online Sales Terms and Conditions as set forth by Harbor Machinery, Inc.

referred to, herein, as HMI. In this agreement the term Bidder, Buyer, Purchaser shall

be used interchangeable and be understood to be one and the same.

REGISTRATION: All bidders must register for the sale by providing current, complete

and accurate information. Bidders are required to provide full name of contact person,

full name of business, entity, complete address, phone number, fax number and email

address. It is the registrant’s responsibility to ask for clarification of any terms and

conditions not clearly understood, HMI, at its sole discretion, may deny registration to

any person or entity. All bidders and buyers must be 18 years of age or older to

participate in this timed online sale.

RESERVE: All items in the timed online sale will be sold to the highest bidder. Some or

all of the items may be auctioned with minimum reserve prices, and/or subject to seller(s)

right of confirmation. On lots with a reserve HMI reserves the right to bid on behalf of

the seller. HMI reserves the right to accept or reject any or all bids.

AGENT: HMI is providing a service and acting as an agent for the Owner/Seller in an

online timed sale format and is not responsible for the statements or actions of other

parties which include, but not limited to, owner/seller’s principles, officers, directors,

employees or other agents of owner/seller, or any other party.

BUYERS PREMIUM: All bidders will be charged a percentage on each item purchased

online. A buyer’s premium fee of 18% will be added to the final sale price of all lots

purchased.

INVOICE: All successful online bidders will receive an invoice by email or fax within

24 hours of the close of the timed online sale.

PAYMENT: Online sales must be paid for in full within 24 hours of receiving the

invoice unless prior arrangements have been accepted and approved by HMI. All prior

payment arrangements must be approved before the start of the timed online sale.

Accepted methods of payment are wire transfer, certified/cashier check or cash.

We do not accept credit card payment for payment of items awarded. Caution your credit

card may be charged in the event of default as described in the DEFAULT section of this

agreement. Payment in full must be received prior to the removal of any purchased

item(s) or lot. Full payment means the total amount due for all items and or lots

purchased including the buyers premium and any applicable sales taxes, or any other

charges stated on the invoice. All invoices must be paid in full within the time described

herein. All invoices must be paid in full before any items may be removed. NO

EXCEPTIONS.

SALES TAX: All sales are subject to state and local taxes, which will be collected from

the successful bidder unless a proper certification including tax-exempt number is

presented at the time of payment.

INSURANCE: All successful bidders, their riggers or third parties must provide HMI

and the owner of the premises of the sale item(s) a certificate of insurance in the amount

acceptable by HMI and the owner/seller and other interested parties involved before

removal of merchandise.

REMOVAL: All items awarded become the sole responsibility of the successful bidder

at the close of the timed online sale. HMI or the Owner/Seller is not responsible for any

issues related to the safe handling and transport of merchandise purchased from the timed

online sale. Buyer assumes all risk of loss and damage to property until removed from the

sales premises. Removal shall be at the sole risk and liability of the buyer, including the

cost and proof of insurance. All purchased item(s) shall be removed in their entirety from

the site(s). The buyer must repair or replace any damage that occurs during the removal.

Buyer is responsible to meet operating and shipping in compliance with state/federal laws

and all applicable governing safety standards. Third party removal or shipping parties

must be approved by both the seller and buyer. Buyer is responsible for third party’s risk

and liability. All item(s) must be removed by the determined timeline set forth in the time

online sale. Removal shall be completed by the predetermined timeline or the purchased

item(s) will be considered abandoned and bidder will be considered in default and

ownership will revert back to the Seller.

Goods weighing more than 100 pounds must be removed by a qualified, insured rigger.

Small Lot Removal. HMI shall have no responsibility whatsoever for any missing or lost

items that can be removed by hand. Such items should be 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 and all items are paid are paid for in full.

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 timed online sale. All items

awarded to high bidders are contractually theirs and must be paid for by the Specified

Payment Date and removed by the Specified Removal Date.

IN THE EVENT BUYER 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. HMI will remarket

and re-sell this property.

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 HMI HAS NOT RECEIVED PAYMENT FOR WINNING BIDS WITHIN 24

HOURS OF THE FINAL PAYMENT DATE, THE BIDDER AUTHORIZES HMI TO

CHARGE LIQUIDATED DAMAGES TO THE CREDIT CARD LEFT ON FILE

DURING THE REGISTRATION PROCESS.

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 OR the

item(s) will be deemed abandoned and will be removed and scrapped at bidders

expense.

BIDDER AUTHORIZES HMI TO CHARGE LIQUIDATED DAMAGES AND OR

RELATED EXPENSES TO THE CREDIT CARD LEFT ON FILE DURING THE

REGISTRATION PROCESS.

INDEMNIFICATION: Purchaser shall defend and indemnify and hold HMI and seller

harmless from and against any and all claims and liabilities relating to the condition of,

removal of, or use of the articles purchased or failure of user to follow instructions,

warnings or recommendations of the manufacturer, or to comply with federal, state, and

local laws applicable to such articles, including OSHA requirements, and Environmental

Protection Agency, and any applicable export laws, requirements, or for proximate or

consequential damages or costs or legal expenses arising there from.

CLAIMS: NO CLAIMS WILL BE ALLOWED AFTER REMOVAL OF GOODS

FROM PREMISES OR LEFT ON PREMISES PAST ALLOWED TIME LIMIT.

NON-DELIVERY: Neither owner/seller or HMI shall be liable for non-delivery to any

purchaser of any lot, other than for the return to the purchaser the sum paid on said

Item(s)/lot(s) should the purchaser be entitled thereto.

COMPLIANCE WITH TERMS: By obtaining a bidding number, each bidder

represents and irrefutably warrants they shall not misrepresent their ability to close the

transaction pursuant to the terms and conditions of sale. Any bid they make on an item

constitutes an irrevocable offer to buy the item for the full amount of the bid. If bidder

fails to make payment of bills in full, by the specified time, the bidder will be considered

in default.

NOTICE OF DANGEROUS ENVIRONMENT: Bidder acknowledges that an online

timed sale site is a potentially dangerous place. Flammable, noxious, corrosive and

pressurized substances may be present, heavy equipment may be in operation, and

electric circuits may be live. Every person at the timed online sale site before, during and

after the timed online sale, shall be deemed to be there at his/her own risk this is the

bidders notice of the condition of the premises, the activities on the premises, and

conduct of third parties; and the bidder shall so advise his/her agents and employees. No

person shall have any claim against HMI, its consignors, agents, employees, directors or

principals for any injuries sustained or for damages to or loss of personal property, or

personal injury, which may occur from any cause whatsoever.

ITEM DESCRIPTIONS AND MISPRINTS: HMI relies on information about assets,

item(s), lot(s) in the timed online sale provided by the owner/seller and undertakes no

investigation of that information. HMI shall not be responsible for correct description,

genuineness, authenticity of, or defect in any lot, and makes no warranty therewith. HMI

assumes no responsibility for, and makes no representations or warranties concerning,

descriptions of items listed in the timed online sale or contained in marketing materials

for the timed online sale. Registered bidders are advised to make inspection of items they

are intending to bid on and it is their responsibility and obligation to verify such

descriptions prior to the timed online sale.

All statements contained in any bill of sale , invoices or elsewhere as to describe the size,

quantity, quality, capacity model, serial number, measurements or condition are

approximated statements and shall not be deemed to be representations or warranties, oral

or written, with respect to any item or lot. No sale is made invalid or made void by reason

of any flaw in an item(s) or in a lot by reason of being incorrectly described, and HMI

will not be liable and no compensation will be paid for any such fault or error of

description.

WARRANTY: All property is sold “AS ISWHERE IS andWITH ALL FAULTS”.

Successful bidder waives any and all claims against HMI, any owner, seller and all

secured parties. HMI nor any owner, seller, or secured parties make no ORAL OR

WRITTEN WARRANTIES INCLUDING IMPLIED WARRANTIES OF

MERCHANTIBILTY OR FITNESS FOR PARTICULAR PURPOSE WHATSOEVER.

All such express or implied warranties are expressly excluded and disclaimed herein. No

oral statement or other writing by any person negates this exclusion.

BID: By placing a bid on an item sold at our timed online sale, the bidder agrees to pay

the bid amount, plus all fees applicable. The bidder shall not and cannot cancel a bid

placed after the bidder has confirmed the bid. As a bidder, placing a bid is a binding

contract between HMI, any owner, seller and all secured parties and the bid cannot be

retracted. HMI reserves the right to reject any and all bids, at their sole discretion.

ADJUSTMENTS: HMI reserves the right to add or remove any equipment or item(s), at

their sole discretion, before the start of the online auction. HMI reserves the right, for any

reason, in its sole discretion, to terminate, change or suspend any aspect of the online

auction sale.

DISPUTES: Purchaser agrees that the purchase from HMI occurs in Michigan. Any

disputes between HMI and Purchaser shall be governed by the laws of the State of

Michigan without regard to the provisions thereof which concern conflicts of laws.

Purchaser agrees that any controversy arising between the Purchaser and HMI shall be

litigated exclusively in Michigan. The state and federal courts and authorities with

jurisdiction in Michigan shall have exclusive jurisdiction over all controversies which

shall arise between HMI and Purchaser. Purchaser irrevocably consents to service,

jurisdiction, and venue of such courts for any such litigation and waives any other venue

to which it might be entitled by virtue of domicile, residence or otherwise.

WAIVER OF JURY TRIAL: Purchaser hereby knowingly, voluntarily, and irrevocably

waives any and all right to a trial by jury in any legal proceeding arising out of or relating

to these terms.

DISPUTE BETWEEN BIDDERS: The final high bidder shall be designated by the

ending of each timed item or timed lot. If a dispute arises between two or more bidders,

HMI reserves the right to reopen bidding, by any method HMI deems appropriate which

may include direct collection of bids from bidders by phone or in writing to HMI. HMI

designation of the successful bidder is final.

HMI reserves the right to amend any and all of the Terms and Agreements stated herein

at any time without notification at HMI sole discretion. It is the Buyers responsibility to

read and review the Terms and Conditions for each timed online sale. HMI provides the

Terms and Conditions through ANY OF THE CHOSEN VENUES IT DECIDES TO

USE TO CONDUCT TIMED ONLINE SALES.

FORCE MAJEURE: HMI shall not be liable for its failure to perform hereunder due to

any contingency beyond its reasonable control, including acts of God, fires, floods, wars,

sabotage, accidents, labor disputes or shortages, governmental laws, ordinances, rules and

regulations, whether valid or invalid (including, but not limited to priorities, requisitions,

allocations, and price adjustment restrictions). Inability to obtain material, equipment or

transportation, and any other different contingency.

SEVERABILITY: If anyone or more provisions of this agreement shall be held invalid

or unenforceable, then the legal enforceability of all the provisions of this agreement shall

not be affected by it.

BIDDER/BUYER ACKNOWLEGES THROUGH THE EXECUTION, ACCEPTANCE

OF THIS AGREEMENT THAT HMI AND THE SELLER’S/OWNER’S OFFER IS

EXPRESSLY LIMITED TO BIDDER’S/BUYER’S ACCEPTANCE OF THE TERMS

OF THESE TERMS, ONLY, AND THAT ANY ADDITIONAL TERMS SHALL NOT

BECOME PART OF THIS AGREEMENT. BIDDER/ BUYER ACKNOWLEDGES

BY THE EXECUTION AND ACCEPTANCE OF THIS AGGREEMENT THAT NO

ADDITIONAL TERMS ARE ACCEPTABLE TO HMI OR THE SELLER’S/OWNER’S

AND NOTIFICATION OF HMI AND THE SELLER'S/OWNER’S OBJECTION TO

ANY PURPOSED ADDITIONAL TERMS HAS ALREADY BEEN PROVIDED TO

THE BIDDER’S/BUYER’S.

ALL SALES ARE FINAL.

Privacy Policy for Harbor Machinery

PRIVACY NOTICE

The online auction operator through whom you are registering uses the Online-Auction Software.com, Inc. bidding platform. When you register on this page, your information is collected, used, and disclosed in accordance with Online-Auction Software.com, Inc.’s Privacy Policy, which can be found by clicking on the “Privacy Policy” link below. Online-Auction Software.com, Inc. is committed to protecting your privacy.

PRIVACY POLICY

This privacy policy governs your use of the Web site located at the following Web addresses: bid.harbormachinery.com. As used in this privacy policy, the terms “we”, “our” and “us” refer to these companies collectively. This privacy policy also governs the collection, use, and disclosure of information submitted by bidders who register using the Online-AuctionSoftware.com, Inc. bidding platform. This privacy policy is effective upon acceptance in registration for new registering users, and is otherwise effective on November 1, 2009, for all other users. We may from time to time make amendments to this privacy policy. We will post all amendments on this Web page. In addition, when you enter the Web site, there will be a pop-up alert notifying you of any amendments. All amendments take effect 30 days after they are posted. Because data-security technology and data-security law are rapidly evolving, we recommend that you visit this Web page frequently to check for amendments to this policy.

1. Collection. We will collect and store the following Personally Identifiable Information (“PII”) on our servers if you choose to register on our site: your name, your company, your address, your driver’s license, and at least one telephone number. We also request PII and/or login information (which would provide access to your PII) elsewhere on our site, including our login page, bidding page, account update page, and e-mail subscription page. Unless you provide us with your PII, it will not be collected or stored. Once you provide us with your PII, you have consented to the transfer and storage of that information in accordance with the terms of this policy. You can review, change, and delete the PII that you provide to us by logging into Your Personal Page, or by contacting us using the information found by clicking the “Contact Us” link on our home page. We may prompt you to make updates to your PII from time to time, but in order to combat “phishing” (a fraudulent tactic employed by criminals to acquire PII), we will request that you make the updates on our site. In addition, we automatically collect certain non-PII relating to your interaction with our site, such as your IP address. Your IP address is stored when you register on our site and every time you place a bid on our site. We use cookies, but purely for your convenience to allow you to remain logged into our site. We will not collect or store any other cookie information stored on your computer. We do not allow third parties to place cookies on your computer.

2. Use. If you provide us with your PII, it will primarily be used for internal business purposes. Your driver’s license will be collected to ensure that you are old enough to place bids on our site. Your credit card information will be collected to guarantee that you will be able to pay for any items with respect to which you may place the winning bid. Your telephone number will be used in case we need to contact you concerning any bids that you may place. Your address or e-mail address may be used, at your request, to communicate information about upcoming auctions. Your e-mail address or cell phone number may be used, at your request, to send you automatic bidding notifications. You may opt-out of receiving any communications from us either during registration or by contacting us using the information found by clicking the “Contact Us” link on our home page. Your IP address is used internally for liability purposes to keep a record of each bid's origin. Cookie information will be used purely for your convenience to allow you to remain logged into our site.

3. Disclosure. We will not trade, sell, or rent your PII to third parties, except that we reserve the right to transfer your PII to appropriate third parties in the event that we sell all or part of our business, make a sale or transfer of all or substantially all of our assets, or in the event that we are involved in a merger. In the event that we disclose your information in the course of any such sale, transfer, or merger, your information will remain subject to the terms and conditions of this policy and any amendments thereto. Also, if we do disclose your PII in the course of a sale, transfer, or merger of one of our companies, please be advised that we will continue to store your PII until such time as you request that it be deleted. We will not otherwise make your information available to third parties, except when necessary to assist our service providers and vendors in completing authorized undertakings, and/or where necessary to provide confirmation of purchases to persons or entities who require such information to ensure successful fulfillment of any purchases made on our site. We do, however, reserve the right to disclose user PII without user permission in order to protect our legal rights, to comply with the law or legal process, to protect the integrity of our site, and/or to protect the safety and security of site users and visitors. Internally, your information will only be available to employees who have the proper security clearance.

4. Security. We use a variety of methods to protect your information, both during transmission and after receipt, from unauthorized access, use and disclosure. Any PII that you transmit to us is protected during transmission by Secure Sockets Layer (SSL) technology. SSL technology enables encryption of sensitive information during online transmissions. Any PII that you transmit to us, with the exception of credit card information, is then stored on our database servers. Our database servers are both firewall protected and password protected. In addition, while stored on our database servers, your user password will be encrypted with the 128-bit Advanced Encryption Standard (AES). Our database servers are stored with an off-site agent in secure facilities, and can only be accessed by an authorized representative of our off-site agent. Our off-site agent takes numerous physical security measures to protect our database servers from unauthorized access, including: electronic surveillance by Cloudflare to block DNoS attempts.; dedicated network operations center support 24/7/365; security keys to access the server co-location area; and combination locks on doors used to access equipment in the server co-location area. While we strive to provide a secure data transfer and storage environment, there are always potential security risks when doing business over the Internet. Consequently, we do not represent or guaranty that the information that you transmit to us will remain secure against all unauthorized access or use. You can assist us with our efforts by preventing unauthorized access to your user password and to your computer. You should make sure that you sign off when finished using a shared computer, and you should otherwise take precautions to protect your user password. If your user password becomes compromised for any reason, you should immediately change your password, and notify us.

5. Children’s Privacy. Our Web site is designed for adult use only. We will not intentionally collect children’s PII, but if you believe that we may have done so, please notify us and we will address the issue.

6. Third Parties. We do not control the privacy policies of third parties, so if you disclose your information to third parties, whether bidders, buyers or sellers, in the course of using our Web site, you may be subject to different rules with respect to the collection, use, and disclosure of your information.

If you have any questions regarding our privacy policy and/or our privacy practices that are not answered in this policy, please contact us using the information found under “Contact Us” link on our home page.


Back

This auction site is licensed as an independent auction operator with Online-AuctionSoftware.com, Inc. (OAS). OAS is an entity of Miedema Asset Management Group.

By registering with this site, you authorize OAS to collect and store Personally Identifiable Information ("PII") on our servers in accordance with the Privacy Policy available from the footer of this site.
A credit or debit card is not required to Register, however a credit or debit card is required to place bids.

OAS Customer Service is available to assist you!
Phone: 616-389-6476 8am – 5pm ET
Email: info@oasinternational.com
Chat Online: 8am – 5pm ET

Congratulations, your registration is complete!

Thank you for registering on the OAS, Inc. bidding platform. You will receive a welcome email confirming your registration.

You can now log in and bid at any auction listed on OASInternational.com.

LoginView Upcoming Auctions

Regards,

HarborMachinery.com