1. DEFINITIONS: As used herein, (a) "SELLER" shall mean Aberdon Enterprises, Inc; (b) "BUYER" shall mean the buyer/bidder whose offer is accepted by SELLER; and (c) "EQUIPMENT" shall mean the items of property declared as sold by the SELLER.
2. DESCRIPTIONS: Any description published for EQUIPMENT offered for sale is not warranted by the SELLER to be accurate or complete. The SELLER shall not be responsible for any insufficiencies, inaccuracies or omissions. It is a buyer resposibility to inspect and confirm accuracy of such information.
3. DISCLAIMER OF WARRANTY: SELLER MAKES NO EXPRESS WARRANTIES WHATSOEVER, EXCEPT THAT SELLER OWNS THE EQUIPMENT. NO WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE SHALL BE IMPLIED. The EQUIPMENT is offered and accepted “AS IS, WHERE IS” and “WITH ALL FAULTS”. The SELLER shall not be responsible for damages of any kind (included but not limited to, direct, incidental of consequential damages) to anyone for any deficiencies or failure of any EQUIPMENT for any reason. BUYER assumes all risks of loss, after delivery by SELLER and/or upon the commencement by
BUYER of the dismantling or other work performed.
4. WARNING OF HAZARDS: BUYER acknowledges that SELLER warns that the EQUIPMENT may bear or contain hazardous chemicals or other hazardous materials which may be, or may become by chemical reaction or otherwise, directly or indirectly, hazardous to life, to health, or to property by reason of toxicity, flammability, explosiveness or for other similar or different reasons, during use, handling, cleaning, reconditioning, disposal, etc. The BUYER has inquired and received satisfactory information from the SELLER regarding such latent and patent hazards associated with the EQUIPMENT. BUYER EXPRESSLY ASSUMES ALL RISK OF AND RESPONSIBILITY FOR INJURY OR DAMAGE TO THE BUYER OR OTHERS BASED ON OR
ARISING OUT OF POSSESSION, HANDLING, DISMANTLING OR USE BY BUYER OR BY OTHERS OF ANY SUCH GOODS FOR ANY PURPOSE WHATSOEVER. BUYER agrees to warn of all possible hazards to any persons to whom BUYER resells, contributes, or delivers the EQUIPMENT, or to any person who may be exposed to their hazards. BUYER understands and agrees that no change in this broad warning shall bind SELLER. No
additional specific warning shall be deemed to limit this broad warning, and if the additional specific warning is inadequate, all of the TERMS AND
CONDITIONS herein below set forth shall still apply, even if the inadequacy of the specific warning was due to negligence on SELLER'S part; and no
course of action on SELLER'S part shall be deemed to limit this broad warning.
5. INDEMNIFICATION: BUYER indemnifies, defends and holds SELLER harmless against any and all liability and damage, including, but not limited to, reasonable attorney's fees arising out of any claim for personal injury, sickness, and death to any persons and for any property damage caused by the EQUIPMENT or by hazardous chemicals or other hazardous materials on or in the EQUIPMENT, whether or not due to the negligence of SELLER, during the commencement of the dismantling or other work by BUYER and thereafter following delivery by seller. The word "persons" as used herein, shall be construed to imply both the plural and the singular, as the case may demand, and shall include corporations, companies, associations, societies and municipal corporations as well as individuals.
6. REPRESENTATION: The employees or representatives of the SELLER are not authorized to make any statements as to the quality and condition of the EQUIPMENT being offered for sale, other than the written statements made herein. Buyer acknowledges that any such statement made will not be binding on the SELLER.
7. DAMAGES: Any damage done to the SELLER’S property during the removal of EQUIPMENT sold, including environmental damage, will be the responsibility of the BUYER to repair and remediate.
8. LABELS: BUYER shall remove and refrain from making use of any and all of the SELLER’S trademarks, service marks, labels, logos, distinctive
markings, and designs that may appear on the EQUIPMENT or on any packaging materials. Nothing contained herein shall be construed to grant or imply
a license to buyer of any such marks, labels, logos, markings and designs.
9. TITLES: Title to EQUIPMENT shall transfer from the SELLER to the BUYER upon proper payment. Payment shall be made and title passed to the
BUYER prior to BUYER’S commencement of removal activities from SELLER’S premises. Thereafter, BUYER shall be responsible for the maintenance,
operation and disposal of the EQUIPMENT in accordance with applicable law.
10. FORCE MAJEURE: The SELLER shall not be liable for its failure to perform hereunder due to circumstances beyond its reasonable control,
including acts of God, fire, flood, riot, war, sabotage, accident, explosion, flood, strike, lockout, injunction, labor dispute, shortage, governmental law,
ordinance, rules and regulations, breakage of machinery or apparatus, national defense requirements, whether valid or invalid (including, but not limited
to priorities, requisitions, allocations, and price adjustment restrictions), or inability to obtain material, equipment or transportation, and/or any other
similar or different circumstances beyond the control of the SELLER preventing the sale, pickup or dismantling of the EQUIPMENT.
11. PAYMENT: Prior to dismantling or removal of EQUIPMENT, BUYER shall make payment by bank wire transfer or cashier’s check, or other certified
funds acceptable to SELLER, unless alternate terms are mutually agreed upon. Should the BUYER fail to comply with the payment terms, the SELLER
may terminate the sale.
12. SALES TAXES: BUYER agrees to pay, at the time of sale, all applicable sales or use taxes or other taxes, charges, or fees required to be paid or
collected by SELLER by reason of this sale, or to provide SELLER with a valid exemption certificate. In the event that BUYER either fails to pay the tax
or other charges as agreed to above or fails to provide a valid exemption certificate, BUYER agrees to indemnify, defend and hold SELLER harmless
from any liability and expense by reason of BUYER'S failure.
13. SHIPMENT: It shall be the responsibility of the BUYER to arrange the shipment and to perform any preparation for shipment (boxing, skidding,
payment, etc.), unless SELLER agrees in writing to other arrangements. Additionally, the BUYER agrees to exercise all necessary and prudent
precautions to insure all loading and transportation will be performed in a manner that does not interfere with or jeopardize the facilities in or adjacent to
the EQUIPMENT being removed. BUYER shall comply with all applicable State and Federal Laws and Regulations, including OSHA requirements, and all
safety rules set forth by the SELLER while on the SELLER’S property.
14. FAILURE TO PERFORM: If EQUIPMENT is not removed by the BUYER within the stated timeframe, (i) such EQUIPMENT shall be deemed
abandoned by the BUYER, (ii) BUYER shall forfeit all monies paid to SELLER for the purchase of such EQUIPMENT, including any rigging costs, and (iii)
BUYER shall forfeit the right to purchase such EQUIPMENT. In addition, BUYER shall be responsible for all damages suffered by SELLER, including, but
not limited to, any dismantling, transportation, storage or other costs, including attorneys’ fees, incurred by SELLER as a consequence of BUYER’S
failure to remove such EQUIPMENT. SELLER reserves the right to offer the EQUIPMENT for sale and to recover the difference, if any, in the bid price and
the price paid by the new purchaser.
15. GOVERNING LAW: This Agreement shall be governed by and shall be construed according to the laws of the State of Illinois as if executed and to
be performed wholly within the State of Illinois. All actions, legal or other, instituted by BUYER under this Agreement must be filed in a federal or state
court located in Illinois.
16. INSURANCE: BUYER shall provide and maintain, and shall require each contractor or subcontractor (regardless of tier) to provide and maintain,
minimum insurance coverage with carriers satisfactory to SELLER as specified below for any work to be performed on SELLER’S owned or leased
property. A copy of BUYER’S insurance certificate shall be submitted to the Aberdon Enterprises, Inc. prior to commencement of work and must
name Aberdon Enterprises, Inc. as an “Additional Insured”
Copyright Aberdon Enterprises, Inc. 2007-2008
17. RIGHT OF ACCESS: SELLER may, at its own discretion, restrict any or all access to SELLER’S facilities by the BUYER without prior notice.
SELLER shall not be liable for any loss the BUYER may experience as a result of restricted access.
18. ENTIRE AGREEMENT: These TERMS AND CONDITIONS contain the entire agreement and understanding between the SELLER and the BUYER
as to the EQUIPMENT and supersede all prior agreements, commitments, representations, and discussions between the SELLER and the BUYER
pertaining to the sale of the EQUIPMENT.
19. MODIFICATION: BUYER understands and agrees that (a) no modification or waiver of these “TERMS AND CONDITIONS” shall be effective unless
made by an authorized representative of SELLER in writing addressed to BUYER and specifically referring to this document; (b) no course of action on
the part of SELLER shall be deemed to modify these "TERMS AND CONDITIONS"; and (c) SELLER'S acknowledgment of acceptance of anything in
writing from BUYER which is in conflict with these "TERMS AND CONDITIONS" and any subsequent delivery of EQUIPMENT shall not constitute a
modification or waiver of these "TERMS AND CONDITIONS".
Access to SELLER’S facilities.
(1) Worker’s Compensation: Statutory
(2) Employers’ Liability:Statutory
(3) Commercial General Liability, including Public Liability, Bodily Injury and Property Damage: $1,000,000 combined single limit per occurrence and
annual aggregate
(4) Automobile Liability (covering owned and non-owned vehicles), Bodily Injury and Property Damage: $500,000 combined single limit per accident