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1. It is hereby
agreed that RE/MAX Group Auctioneers, a division of RE/MAX Executive
Group Inc., will charge the buyer a 10% Buyer's Premium on any
property sold at this auction.
2. Owner warrants
that property to be sold is free and clear of all liens and
encumbrances, except as listed below in "Remarks.".
3. Owner agrees to
get said property ready for sell and assist the Auctioneer as is
customary at the date of sale.
4. Owner agrees
that nothing included in this auction is to be sold or otherwise
disposed of before sale date.
5. Owner
acknowledges that no guarantee as to the sale price to be obtained
has been made by Auctioneer or any of its representatives.
6. Owner
acknowledges receipt of copy of this agreement.
7. It is expressly
agreed and understood that RE/MAX Group Auctioneers, a division of RE/MAX
Executive Group Inc., is merely acting as an agent on behalf of the
parties of the first part and does not make any representation nor
warranty as to the condition or terms of the sale or the property
described below.
8. RE/MAX Group
Auctioneers, a division of RE/MAX Executive Group Inc., does not guarantee
any checks received from purchasers. Settlement is made to the
Sellers within 30 days after such sale and all checks have been cleared.
9. Seller agrees
to keep the property insured from date of this agreement until the
closing against casualty loss or liability from personal injury
arising out of holding an auction sale on the property.
10. The Seller
agrees not to discuss the Reserve Price or Target Price with anyone
outside RE/MAX Group Auctioneers, a division of RE/MAX Executive Group
Inc. and will refer all calls and inquiries to RE/MAX Group Auctioneers,
a division of RE/MAX Executive Group Inc. |
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11. The Seller
agrees to deliver the equipment "Auction Ready" to the
Auction Site properly prepared and cleaned with good batteries,
adequate fuel (1/4 tank or more), antifreeze, keys and titles on
applicable items.
12. The Seller
will deliver the Equipment functioning as intended and free of
hazardous materials to the Auction Site and that each and every piece
of the Equipment listed will be in the Auction.
13. The Seller
acknowledges that all information provided on the Consignment Form is
accurate and reliable and Seller has disclosed all known defects.
14. The Seller
hereby agrees to accept return of the item with no recourse against
RE/MAX Group Auctioneers. All items will be sold to the final bidder;
therefore, the Seller will be responsible to protect their own
merchandise if it is not to be sold absolute.
15. In addition to
the other rights and remedies possessed by RE/MAX Group Auctioneers, the
Seller hereby grants RE/MAX Group Auctioneers a security interest in the
Equipment to secure Seller's obligation to RE/MAX Group Auctioneers under
this contract. The Contract may be registered and filed under the
Uniform Commercial Code and entitles RE/MAX Group Auctioneers to seize
and retain possession of the Equipment, as security for, and/or to
sell the Equipment to recover all amounts owing RE/MAX Group Auctioneers under this Contract.
16. Upon
acceptance by RE/MAX Group Auctioneers, the terms of this Contract are
binding and the Seller agrees to no deletion or substitution of items.
17. RE/MAX Group Auctioneers, at their sole discretion, shall determine the order of sale
and the items to be sold on each Auction day.
18. Seller agrees
that a copy of this Contract signed by the Seller which is
transmitted by facsimile to RE/MAX Group Auctioneers shall be binding on
the Seller and have the same force and effect as a signed original. |
