THIS IS A COMPLETED SALE
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AJ Wood Products
Listing ID#: 1483695

Auction Location
Ebensburg, PA 15931

Auction Dates and TimesSALE IS COMPLETED
Wednesday Mar 15, 2023 Completed

Auction Type
Live Auction

Company Information
Bright Star Realty and Auctions, INC Contact: Loren Beachy Phone: 574-825-0704 Email: beachyauctions@gmail.com Website: brightstarauctions.com GoToAuction.com ID#: 5286 View company information and listings

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Listing Terms and Conditions
Bidder Terms and Conditions There is a 13% online buyer’s premium in effect for all purchases made online. Buyer’s premium is 10% for onsite bidders. All items sell where is as is with no warranties or guarantees. Buyer is responsible to inspect all merchandise prior to placing bids. All items must be paid day of auction for onsite bidders and within 7 days for online purchasers. Payment terms: Cash, check, wire transfer, or any major credit card. ($2,500 limit applies to credit card payments.). If onsite bidders wish to send a wire and still be assessed only the onsite buyer’s premium, they must present a bank letter of credit (with limit stated equal to or higher than the amount owed by bidder) and wire must be sent no later than one business day after the auction. All items are pick-up only. Smalls must be removed within 2 days. All items must be removed within 30 days unless otherwise noted. Loadout available day of auction, after that by appointment. Please call agent for more info. Buyer shall assume responsibility of all property when auctioneer says sold. Auction company is not responsible for any missing or stolen items. These Bidder Terms and Conditions (“Terms”) apply to auctions conducted by BRIGHT STAR REALTY AND AUCTIONS, LLC and constitute a legal, valid, binding, and enforceable contract between Auctioneer and the Bidder. These Terms also form the basis for the final contract of sale between the Seller and the Buyer. Auctions Conducted Under These Terms. The Auction is conducted under and in accordance with these Terms, the Terms posted on Auctioneer’s website, applicable law, and any announcements or corrections made by Auctioneer during the Auction. By participating in the Auction, whether at the auction site, online, telephonically, or through any other means (including Absentee Bid), Bidder agrees to be bound by, and to abide by, these Terms. Auctioneer’s Licensing and Bonding. Auctioneer is licensed and bonded where required. Definitions. The following definitions apply to these Bidder Terms for each auction conducted by Auctioneer: “Absentee Bid” means a bid submitted in advance by an Absentee Bidder for the execution during the Auction. “Absentee Bidder” means a person or entity that submits an Absentee Bid. “Absolute Auction” or “Absolute” applies only if and when expressly indicated and means that property is to be sold to the highest bidder regardless of the amount of the final bid, with no limiting conditions, restrictions, or reservations. UNLESS SPECIFICALLY AND EXPRESSLY STATED BY AUCTIONEER IN WRITING, NO PROPERTY IS BEING SOLD ABSOLUTE OR AT AN ABSOLUTE AUCTION. “Auction” means the auction sale at which Auctioneer solicits bids, or is scheduled to solicit bids. “Auction Site” means the physical location of the Auction, or, for an Auction conducted entirely online, the location at which Property may be inspected. “Bidder Number” means the number or other identifier issued by Auctioneer to a Registered Bidder for the purposes of identifying bids to such Registered Bidder. “Bidder Registration” means the information provided by a prospective Bidder, and the process of registering such prospective Bidder, to bid at the Auction, including the prospective Bidder’s agreement to be bound by these Bidder Terms. “Broker Participation Fee” means an amount that is paid to a broker who has participated in procuring a Buyer, or has otherwise assisted in facilitating the sale of Property at the Auction, under the Terms and in the amount established by Auctioneer. "Buyer" means the Winning Bidder with respect to each Lot of Personal Property. "Buyer's Premium" is an amount with respect to each Lot of Personal Property sold at the Auction, calculated as a percentage of the Hammer Price, that is payable by the Buyer to Auctioneer for Auctioneer's own account. “Fall of the Hammer” means the point, after bids have been received, at which Auctioneer declares a Lot of Personal Property “sold” to Bidder acknowledged by Auctioneer as having made the Winning Bid. During an auction that is exclusively online, the Fall of the Hammer will occur electronically at the end of timed (or extended) bidding. In an auction that is Subject to Seller’s Confirmation, the Fall of the Hammer will occur on Seller’s Confirmation of the High Bid Subject to Confirmation. “Hammer Price” means the high bid amount recognized by Auctioneer with the Fall of the Hammer. “High Bid” means the high bid amount recognized by Auctioneer at the conclusion of bidding on a Lot. “High Bid Subject to Confirmation” means the High Bid amount recognized by Auctioneer at the conclusion of bidding on the Lot put up at Auction Subject to Seller’s Conformation. If the High Bid Subject to Conformation is confirmed by Seller, it will be the Hammer Price. “High Bidder” means the Bidder recognized by Auctioneer as having made the High Bid with respect to a Lot. "Knocked Down" or "Knock Down" means, with respect to any Property put up at the Auction, that Auctioneer has acknowledged the Winning Bid with the Fall of the Hammer, or by announcing "sold", or by giving a similar such indication. Property may be Knocked Down electronically at the conclusion of a timed online auction event. “Lot” means each individual item or grouping of Personal Property offered at one time by Auctioneer. “No Sale” occurs if Property is put up at the Auction but is not Knocked Down or sold, and Auctioneer passes on such Property or declares a No Sale. “Online Auction Platform” means the hardware and software utilized to conduct the Auction online and to facilitate online bidding, including any associated, adjunct, and/or complementary websites, services, premiums and promotions. “Online Auction Platform Provider” means the provider of the Online Auction Platform and related services to conduct Auction online. "Online Bidding Period" means, with respect to an Auction conducted in whole or in part online, any established period during which bids may be tendered. “Participant” means any person who attends, or otherwise participates in, the Auction (in person or remotely). The term Participant includes, but is not limited to, Registered Bidders, Bidder, and Buyers. “Personal Property” means all tangible and moveable property, including fixtures, designated as Property. “Pick-up” means the act of picking up or removing sold Lots by respective Winning Bidders at the date(s), time(s), and location indicated for such during the Auction or as later agreed to by Seller and Buyer. “Private Sale” means an event in which Property is sold by Seller, or on Seller’s behalf, other than at the Auction (including a sale at an auction conducted by a person or entity other than Auctioneer). “Private Sale Price” means the fair market purchase price of the Property paid, or agreed to, at a Private Sale in an arms-length transaction between Seller and the purchaser of the Property. If the Property is sold through a Private Sale for less than its fair market value, or in a transaction that is not an arms-length transaction, or is gifted by Seller, the Private Sale Price will be an amount equal to the fair market value of the Property in an arms-length transaction. “Property” means the Real Property and the Personal Property. “Purchase Price” means an amount equal to the Hammer Price or High Bid Subject to Confirmation, as the case may be, plus the Buyer’s Premium. "Registered Bidder" means a person or entity that has registered to bid at the Auction. “Registration Deposit” means, if required by Auctioneer, the deposit, in certified funds, made by a Registered Bidder in order to register for the Auction. “Reserve” or “With Reserve” means that the Auctioneer may Withdraw Property put up at Auction and/or bids may be rejected prior to the Fall of the Hammer. UNLESS SPECIFICALLY AND EXPRESSLY STATED OTHERWISE BY AUCTIONEER IN WRITING, ALL PROPERTY IS BEING WITH RESERVE. “Reserve Price” means the minimum price that Seller is willing to accept for specific Property. “Seller’s Confirmation” means Seller’s confirmation, approval, and acceptance of the High Bid Subject to Confirmation acknowledged and recorded by Auctioneer. “Subject to Seller's Confirmation” means, with respect to any Property expressly identified in this Agreement as being sold Subject to Seller’s Confirmation, that after the High Bid Subject to Seller’s Confirmation has been received and acknowledged by Auctioneer, Seller may determine, in Seller's sole and absolute discretion, to (i) accept such bid or (ii) reject such bid. “Winning Bid” means the highest bid received and accepted (and if Subject to Seller’s Confirmation, confirmed by Seller). "Winning Bidder" means the Bidder who is recognized by Auctioneer as having made the Winning Bid. “Withdraw” refers to the circumstance in which the Property is removed from the Auction, or in which it is determined that such Property will not be offered or sold at the Auction. Bidder Registration. All persons desiring to bid at the Auction, must register to bid and be issued a Bidder Number. In order to register to bid, each potential Bidder must provide such information (including identifying information and qualifications) as requested by Auctioneer. Auctioneer may refuse to accept a Bidder Registration from any potential Bidder, may refuse to issue a Bidder Number to any potential Bidder, and, if a Registered Bidder breaches any Bidder Terms or engages in improper conduct, Auctioneer may revoke any Bidder Number. By registering to bid at the Auction, each Registered Bidder acknowledges and agrees that such Registered Bidder has read, understands, and agrees to be bound by, these Bidder Terms. In Auctioneer’s discretion, bids may be received from a person who has not registered to bid, and by placing a bid accepted by Auctioneer such unregistered Bidder will be bound by these Bidder Terms and will immediately complete a Bidder Registration. Governing Law. For Auctions in the State of Indiana and Online. Unless otherwise indicated, all Property is offered for sale in the State of Indiana, and will be sold in the State of Indiana. Notwithstanding the physical location of the Bidder or any Participant, these Terms are deemed to be entered into in the State of Indiana, all bids and payments are deemed to be received in the State of Indiana, and the contract, if any, will be deemed to be formed and entered into in the State of Indiana. Buyer's Premium. All Property offered at the Auction is subject to a Buyer’s Premium, which will be paid by the Buyer to Auctioneer for Auctioneer's own account. The Buyer's Premium will be calculated as a percentage of the Hammer Price, and will be added to the Hammer Price to determine the final Purchase Price. Buyer agrees to pay the Winning Bid plus the applicable Buyer’s Premium. Access to Auction Site. Participants assume all risks associated with their presence at the Auction Site or their access to the online bidding platform utilized by Auctioneer. Any person may be denied access to the Auction, the Auction Site, and the online bidding platform utilized by Auctioneer, and may be removed at Auctioneer’s discretion. Nature of the Auction. This Property is being sold at the Auction in the manner indicated on the first page of this Agreement. Bidding. Registered Bidders may only bid at the Auction by agreeing to be bound by these Bidder Terms. By bidding, each Registered Bidder acknowledges and agrees that such Registered Bidder has had a full and fair opportunity to read, and understands, these Bidder Terms, and affirms that such Registered Bidder is subject to and bound by these Bidder Terms. No Bid Retraction. Bidder may not retract a bid that has been acknowledged by Auctioneer or that has been submitted online. Bidder acknowledges and agrees that Auctioneer is acting in reliance on tendered bids in the conduct of the Auction, and that bid retraction is disruptive and interferes with the Auction, and that, as an inducement for Auctioneer to accept such Bidder’s Bidder Registration and for such Bidder to bid at the Auction, Bidder agrees not to withdraw or to attempt to withdraw any tendered bid that has been acknowledged by Auctioneer. Online Auction. The following terms and conditions apply if the Auction is conducted, in whole or in part, online: Online Bidding Registration. Anyone desiring to bid online, or to establish the possibility of bidding online, will be required to create an online bidding account by completing all necessary forms and providing required information. Bidder Terms and Conditions; Notices and Announcements. The Auction will be conducted in accordance with Auctioneer's Terms and any notices or announcements by Auctioneer and/or posted on Auctioneer's website. Posted Times. All times are based on the Eastern Standard Time zone unless stated otherwise. Posted closing times and time displays are approximate. Auctioneer reserves the right to close early or extend the Auction at any time at Auctioneer’s sole and absolute discretion. Online Bidding Increments. Auctioneer may establish bid increments, and may modify or change bid increments, in Auctioneer's sole and absolute discretion. Records of Online Activity. Absent clerical errors, Auctioneer’s records will be deemed final and conclusive. Technology Disruptions. Auctioneer will not be responsible for technology disruptions, errors, or failures (including disruptions to bidding or the failure to execute, recognize, or record online bids), whether caused by (i) loss of connectivity, breakdown, disruption, or failure of the Online Auction Platform, (ii) breakdown, disruption, or failure of a Bidder's internet connection, computer, or system, (iii) viruses or software malfunction, or (iv) otherwise. Auctioneer may, but will not be required to, continue, suspend, delay, extend, reschedule, or close the Auction because of disruptions caused by technology failures, even after bidding has commenced. Failures by Online Auction Platform Provider and its Affiliates or Contractors. Auctioneer may use an Online Auction Platform Provider to facilitate the Auction. Under no circumstances will Auctioneer be liable for any failure of the Online Auction Platform Provider to perform all or any of its obligations, or for the failure of any affiliates, employees, agents, representatives, or contractors of the Online Auction Platform Provider to perform their obligations. Auto Extend Feature. Any Online Bidding Period may include an auto extend feature. This means that, if an online bid is entered within a set time period approaching the end of the established Online Bidding Period, the Online Bidding Period will automatically be extended for an additional amount of time in increments established by Auctioneer, and will continue to be so extended until there is a set period of time that lapses during which no online bids are received, after which bidding will close. Disclaimer. Auctioneer makes no representations or warranties, and disclaims any representations or warranties, (i) that the Online Auction Platform or any related website or technology will be uninterrupted, error free or virus free, (ii) as to the results that may be obtained by using the Online Auction Platform or any related website or technology, or (iii) as to the accuracy, completeness, reliability, security, or current nature of the Online Auction Platform or any related website technology. Responsibility for Online Bids. If a Winning Bid is sent to Auctioneer from the computer of a Registered Bidder, and is, thereafter, confirmed by Seller, such Registered Bidder will be the Buyer. No Reduction or Retraction of Online Bids. Online bids may not be reduced or retracted. Competing Online and Onsite Bids. In the event of contemporaneously made online and onsite bids, Auctioneer will determine which bid is the successful bid, and may, in Auctioneer’s discretion, reopen the bidding. Winning Bidders Subject to Certification by Auctioneer. The final determination of the Winning Bidder is subject to certification by Auctioneer; and any email or electronic message (whether generated manually or automatically) is subject to such certification. Absentee Bids; Remote Bidding. In Auctioneer’s discretion, Auctioneer may receive Absentee Bids and/or bids tendered by remote Bidders (whether telephonically or otherwise). All prebids and maxbids placed online are considered absentee bids. Auctioneer pledges complete integrity in the treatment of absentee bids and absentee bids may be initiated and advanced in accordance with Auctioneer’s policies and procedures. Auctioneer has the right to initiate any absentee bids at 25% to 50% of their maximum amount. Auctioneer will make reasonable efforts to execute Absentee Bids, but Auctioneer will have no liability to any Absentee Bidder for the failure to execute any Absentee Bids for any reason whatsoever. Each Absentee Bidder acknowledges and agrees that Property may be sold to another Bidder for the maximum amount of the Absentee Bid based on a bidding sequence that causes another Bidder to reach such amount first. If the execution of an Absentee Bid at its maximum amount would require Auctioneer to accept a bid that is less than a full bidding increment, Auctioneer has the sole and absolute discretion to accept or reject such bid. An Absentee Bidder may provide instructions to the Auctioneer to advance the bid by one or more bidding increments after the maximum amount of the Absentee Bid is, or would be, reached. Auctioneer acts only as the agent of the Seller, and the receipt and/or execution of Absentee Bids will not create an agency relationship between Auctioneer and any Absentee Bidder. Bid Increments. Bid increments are established and controlled by Auctioneer, and may be adjusted or modified in Auctioneer’s sole and absolute discretion. Registered Bidders Responsible for Bids Placed on Bidder Number. Each Registered Bidder is responsible for the Bidder Number issued to such Registered Bidder. Auctioneer is not responsible for monitoring or policing the use of Bidder Numbers, and each Registered Bidder is responsible for all bids made on the Bidder Number issued to such Registered Bidder even if the Registered Bidder claims that the Bidder Number was lost, stolen, or misappropriated, unless notice of a lost, stolen, or misappropriated Bidder Number was provided to Auctioneer prior to an unauthorized bid being made. Absent a clerical error, Auctioneer’s recording of bids against a Bidder Number will be conclusive as to the making of such bid by, or on behalf of, the Registered Bidder. Withdrawal of Property. Auctioneer has the absolute right to withdraw any Property from the Auction prior to the Fall of the Hammer, unless the Property is explicitly provided that the Property is being sold at an Absolute Auction. Winning Bid; Buyer. Pursuant to these Bidder Terms, the Bidder making the Winning Bid for any Lot of Personal Property will be the Buyer of such Property. All Property Sold “AS IS”, “WHERE IS”, and “WITH ALL FAULTS”. ALL PROPERTY IS BEING OFFERED AND SOLD IN ITS AS IS/WHERE IS CONDITION AT THE TIME OF THE AUCTION, WITH ALL FAULTS, INCLUDING ANY HIDDEN DEFECTS OF ANY NATURE. NEITHER AUCTIONEER NOR SELLER MAKES ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE NATURE, VALUE, SOURCE, AUTHENTICITY, FITNESS, MERCHANTABILITY, AND/OR ANY OTHER ASPECT OR CHARACTERISTICS OF SUCH PROPERTY. NO STATEMENT ANYWHERE, WHETHER EXPRESS OR IMPLIED, INCLUDING VERBAL STATEMENTS MADE BY AUCTIONEER, WILL BE DEEMED A WARRANTY OR REPRESENTATION BY AUCTIONEER OR SELLER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO WARRANTIES OF TITLE, NON-INFRINGEMENT, AUTHENTICITY, ORIGIN, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EACH BIDDER ACKNOWLEDGES AND AGREES THAT HE, SHE, OR IT CANNOT RELY, AND HAS NOT RELIED, ON ANY REPRESENTATION, WARRANTY, OR GUARANTY MADE BY THE SELLER OR ANYONE ACTING AS AGENT OF THE SELLER, ORALLY OR IN WRITING, ABOUT THE PROPERTY, OR ANY OF IT. BY BIDDING, EACH BIDDER ACKNOWLEDGES AND AGREES THAT SUCH BIDDER HAS HAD A FULL AND FAIR OPPORTUNITY TO INSPECT THE PROPERTY, AND IS RELYING SOLELY ON, OR HAS WAIVED, SUCH BIDDER’S INSPECTION AND INVESTIGATION (i) IN DETERMINING WHETHER TO BID, (ii) IN DETERMINING THE AMOUNT OF A BID, AND (iii) IN BIDDING. Announcements. Subject to the limitation set forth in these Bidder Terms, all terms and conditions and other announcements made by Auctioneer on the day of the Auction are binding and take precedence over any advertisements or listings. Bidder’s Inspection. By bidding, each Bidder acknowledges and agrees that such Bidder has had a full and fair opportunity to inspect the Property, and is relying solely on, or has waived, such Bidder’s inspection and investigation (i) in determining whether to bid, (ii) in determining the amount of a bid, and (iii) in bidding. Bidder accepts any and all risks associated with the purchase and/or use of the Property. Bidder agrees to defend, hold harmless, indemnify, and protect both Auctioneer and Seller from any all claims of injury arising out of or relating to the purchase or use of the Property. Description of Property. Unless otherwise expressly stated otherwise in writing, any description of Property is based solely on visual impression, and is given solely for identification purposes, and does not create any warranty, expressed or implied, or representation by Auctioneer. Contract of Sale for Personal Property. By operation of these Terms, no additional or further writing will be required to evidence the existence of a contract of sale for any Personal Property Knocked-Down at the Auction regardless of the Purchase Price, and these Bidder Terms, together with Auctioneer’s clerking sheets or other physical or digital notation identifying the Lot, the Hammer Price, and the Buyer, will be conclusive evidence as to the terms of the sale. These Bidder Terms will be incorporated into the contract between each Buyer and Seller. Bidding by or on Behalf of Seller. At an Absolute Auction there is no Seller bidding. The Seller or anyone acting on the Seller’s behalf will not bid (directly or indirectly) on any Property put up at Absolute Auction. At a Reserve Auction, the Seller or anyone acting on the Seller’s behalf will not bid (directly or indirectly) on any Property put up at Reserve Auction, unless the Auctioneer announces and discloses that the Seller (or someone on behalf of the Seller) will be bidding at the Auction. Conduct of the Auction. Auctioneer will regulate all matters relating to the conduct of the Auction and Auctioneer’s decisions will be final and binding. Auctioneer will have control over bidding, and Auctioneer will resolve any and all disputes. If (i) a bid is made while the hammer is falling in acceptance of a prior bid or while bidding is otherwise being terminated, or (ii) promptly after the Fall of the Hammer or other termination of the bidding Auctioneer is made aware of a bid that was unnoticed prior to the Fall of the Hammer or other termination of the bidding, and it is demonstrated to Auctioneer’s satisfaction that such bid was, in fact, timely made, or (iii) promptly after the Fall of the Hammer or other termination of the bidding Auctioneer is made aware that Auctioneer and a bid assistant or ringman, or multiple bid assistants or ringmen, have acknowledged bids in the same amount bid from different bidders, or (iv) some other bid dispute arises, Auctioneer may, in Auctioneer’s sole and absolute discretion, reopen the bidding (but will not be required to). Any contract formed with the Fall of the Hammer will be subject to the conditions set forth in this Section. If bidding is reopened pursuant to this Section, the bid recognized by Auctioneer prior to the reopening of the bidding will be held, and may not be retracted, and, if no further bids are received, such bid will be the Winning Bid. Motor Vehicles and Equipment. Any and all motor vehicles and motorized equipment (including, without being limited to, automobiles, trucks, vans, recreational vehicles, motor cycles, motor scooters, tractors, earth moving equipment and other heavy equipment) must be paid in full prior to removal from the Auction Site; and, if any vehicles or equipment is paid for with a check, the vehicle or equipment will not be released unless and until the check clears the drawee bank and the funds have been received by Auctioneer. All Sales Final. ALL SALES ARE FINAL. NO REFUNDS OR RETURNS. Sales Tax. Subject to applicable exemptions, if any, each Buyer is responsible for the payment of sales tax for each Lot Knocked-Down at the Auction, which sales tax will be collected by Auctioneer at the time payment is made. Payment. All Personal Property must be paid for in-full by onsite Buyers on the day of the Auction, at or before the conclusion of the Auction, and before any Property is removed from the Auction Site by or on behalf of the Buyer. Online purchases must be paid for within seven (7) days after the close of the Auction. Onsite purchases may be paid in cash or approved check, and, when authorized by the Seller and made available by Auctioneer, by credit card or debit card. If onsite bidders wish to send a wire, they must present a bank letter of credit (with limit stated equal to or higher than the amount owed by bidder) and wire must be sent no later than one business day after the auction. Online purchases must be paid by credit card or approved check; provided, however, that any online purchases in excess of Two Thousand Five Hundred Dollars ($2,500.00) must be paid by wire transfer or certified funds unless other arrangements are made with Auctioneer in Auctioneer’s sole and absolute discretion. Pick-up and Removal; Shipping. Each Buyer is responsible for removal of Lots purchased at the Auction, including shipping to remote Buyers. Pick-up and removal dates and times will be as posted on Auctioneer’s website or announced at the Auction. Unless otherwise agreed, each Buyer is solely responsible for the disassembly, removal, shipping, and transportation of each Lot purchased by such Buyer. Tools, packing material, and/or assistance will not be supplied at Pickup, so Buyer must plan accordingly. Disassembly and removal shall be done in a quiet and workmanlike manner, and each Buyer, in making its bid, shall thereby indemnify and hold harmless both Auctioneer and Seller against any and all damage caused by the acts of the Buyer, or such Buyer’s employees, agents, representatives, or independent contractors in connection with the Pickup. Any and all damages to the Pickup site, including, without being limited to damages to land or buildings, caused by a Buyer or by an employee, agent, representative, or independent contractor of a Buyer, will be repaired by, or at the expense of, such Buyer to the satisfaction of Auctioneer and Seller. Each Buyer must show a copy of the invoice (digital or hard copy) and government-issued photo identification before Lots will be released. No Buyer shall bring pets or young children to the Pickup, as the movement of Lots presents an extremely high-risk environment that could result in injury or death. Abandoned Items. Any Lots not paid in full, not picked up and removed in the time provided (but, under any circumstances, within thirty (30) days after the Auction), or for which payment has not cleared (within five (5) days after the Auction), will be considered abandoned and may be offered for sale at a later auction or subject to other disposition. Such abandonment does not, however, relieve the Buyer or the Buyer’s obligation to make payment in full. Any payments made by or on behalf of a Buyer are non-refundable, and Buyers will remain responsible for the full purchase price of all Lots sold to them. In addition, Buyer’s bidding privileges may be suspended at future auctions. Returned Checks. Any checks that are returned unpaid will be subject to a returned check fee in the amount of Fifty and 00/100 Dollars ($50.00). In addition to the foregoing, Auctioneer will be entitled to recover, from the issuer of a returned check, all costs and expenses, including attorneys’ fees, for the collection of payment made in the form of a check that has been returned unpaid. No Stop Payment Orders or Credit Card Chargebacks. Each Bidder agrees that such Bidder will not, under any circumstances, (i) issue a stop payment order with respect to any checks issued at or in connection with the Auction, or (ii) initiate a credit card chargeback with respect to any purchases at the Auction. Each Bidder further agrees that if, in violation of these Terms, a stop payment order is issued or a credit card chargeback is initiated, these Terms will be conclusive evidence of the Bidder’s (i) waiver of any rights to issue a stop payment order or to initiate a credit card chargeback, and (ii) agreement not to issue a stop payment order or to initiate a credit card chargeback; and each Bidder acknowledges and agrees that on Auctioneer’s presentation of these Terms to the bank, credit card company, or other financial institution against which a check was drawn or that issued the credit card on which charges were made, such bank, credit card company, or other financial institution will reverse any stop-payment order and/or deny any credit card chargeback, and will re-credit all amounts to or for the account of Auctioneer. If, in violation of these Terms, a Bidder issues a stop payment order or initiates a credit card chargeback, such Bidder, even if successful, will remain liable for all purchases made at the Auction, and will be responsible for all costs and expenses, including attorneys’ fees, incurred by or on behalf of Auctioneer and/or Seller in challenging the stop payment order or credit card chargeback and in collecting payment. Each Bidder acknowledges and agrees that the covenant not to issue a stop payment order or to initiate a credit card chargeback is a condition to the issuance of a Bidder Number to such Bidder, and is being made as an inducement for Auctioneer to accept such Bidder’s Bidder Registration and to issue a Bidder Number. Each Bidder acknowledges and agrees that Auctioneer is relying on the covenant not to issue a stop payment order or to initiate a credit card chargeback in accepting such Bidder’s Bidder Registration and in issuing a Bidder Number. Claims. With respect to Lots removed from the Auction Site by or on behalf of a Buyer, no claims or returns will be allowed and no claim will be allowed for adjustments or rescission of any sales based on the failure of a Lot to correspond with any standard and/or expectation of the Buyer. Risk of Loss for Personal Property. Risk of loss with respect to Personal Property passes to the Buyer with the Fall of the Hammer. Neither Auctioneer nor Seller will be liable for any loss or damage to a Lot after such Lot is sold at the Auction, other than as may be directly and solely caused Auctioneer’s negligence, gross negligence, or intentional misconduct in handling and safeguarding the Lot while in Auctioneer’s sole and exclusive possession. Buyer’s Remedies; Bidders/Buyers Not Entitled to Incidental or Consequential Damages. To the extent that any Bidder or Buyer may be entitled to damages or remedies, the sole and exclusive remedy available to Bidders and Buyers is a return of the Purchase Price actually paid. Under no circumstances will Auctioneer or the Seller be liable for incidental or consequential damages, including, without being limited to lost profits or reduced productivity. Each Bidder acknowledges and agrees that no Bidder or Buyer is entitled to specific performance or other equitable relief. Seller’s Remedies. If any Buyer breached such Buyer’s obligations under these Terms or under a sale contract with the Seller of Property sold at the Auction, in addition to all other legal and equitable remedies, such property may be resold and the breaching Buyer will be responsible for any and all damages, including any deficiency or reduction in the Purchase Price, along with incidental damages. Indemnification. Each Bidder agrees to indemnify, defend, and hold Auctioneer and Seller harmless from any current or future claim regarding the Auction or the Property, including, without being limited to, fitness, use, damage, safety, or injuries to persons or property. Private Sale. No Participant or Registered Bidder may offer to enter into a Private Sale for the purchase of any of the Property prior to, during, or after the Auction. If any of the Property is not Knocked Down at the Auction and Bidder enters into an agreement to buy (i) any of the Personal Property from the Seller within ten (10) days after the Auction, and/or (ii) any of the Real Property within ninety (90) days after the Auction, Bidder shall pay to Auctioneer an amount equal to Auctioneer’s full commission and Buyer’s Premium. Waiver. Certain provisions of these Bidder Terms are for the exclusive benefit of Auctioneer and/or Seller(s). Such provisions, including, without being limited to, Bidder registration and qualification requirements, deposit and payment terms (including the method, form, and timing of payment), removal and delivery terms, and Property inspection terms), do not create, and will not be deemed to create, any benefits or rights in favor of any other persons, including competing Bidders, and may not be enforced by any other persons. Either globally or on a case by case basis Auctioneer and/or Seller may (but will not be required to) waive any provisions of these Terms that are intended for the benefit of Auctioneer and/or Seller. Compliance with the Law. Bidder shall not engage in any illegal conduct on the Auction Site and shall comply with all federal, state, and local laws. Bid pooling occurs when Bidders collude to regulate, and artificially suppress, bidding in an effort to reduce the Hammer Price. Anyone participating in bid pooling will be removed from the Auction Site and referred for prosecution. Theft is a serious offense, and, if discovered, will be prosecuted to the fullest extent of the law. Instances of theft will result in immediate termination of bidding and removal from the Auction Site. Governing Law; Jurisdiction; Venue; Waiver of Jury Trial. These Bidder Terms will be governed by and construed in accordance with the laws of the State of Indiana, including its statutes of limitations, but without regard to its rules governing conflict of laws. All claims, disputes, and other matters between the parties will be brought in the state or federal courts sitting in and for Elkhart County, Indiana,, which courts will have exclusive jurisdiction, and will be the exclusive venue, for any and all such claims, disputes, and other matters. By submitting a Bidder Registration and accepting a Bidder Number each Registered Bidder irrevocably and unconditionally (i) agrees that any claim or suit relating to these Bidder Terms, or the transactions contemplated hereby, will be brought in the state or federal courts sitting in and for Elkhart County, Indiana,; (ii) consents to the jurisdiction of such courts for any such claim, suit or cause of action; (iii) waives any objection that such party may have to the laying of venue of any such claim, suit or cause of action in such courts; and (iv) waives any objection to the bringing of such claim, suit or cause of action in such courts on the grounds of forum non conveniens. Each Bidder, Buyer, and other Participants waive the right to a jury trial. Attorneys’ Fees. If any Participant breaches such Participant’s obligations under these Terms, Auctioneer and/or Seller will be entitled to recover all costs and expenses, including attorneys’ fees incurred in enforcing their rights.

Listing Terms and Conditions

Bidder Terms and Conditions
There is a 13% online buyer’s premium in effect for all purchases made online. Buyer’s premium is 10% for onsite bidders. All items sell where is as is with no warranties or guarantees. Buyer is responsible to inspect all merchandise prior to placing bids. All items must be paid day of auction for onsite bidders and within 7 days for online purchasers. Payment terms: Cash, check, wire transfer, or any major credit card. ($2,500 limit applies to credit card payments.). If onsite bidders wish to send a wire and still be assessed only the onsite buyer’s premium, they must present a bank letter of credit (with limit stated equal to or higher than the amount owed by bidder) and wire must be sent no later than one business day after the auction. All items are pick-up only. Smalls must be removed within 2 days. All items must be removed within 30 days unless otherwise noted. Loadout available day of auction, after that by appointment. Please call agent for more info. Buyer shall assume responsibility of all property when auctioneer says sold. Auction company is not responsible for any missing or stolen items.
These Bidder Terms and Conditions (“Terms”) apply to auctions conducted by BRIGHT STAR REALTY AND AUCTIONS, LLC and constitute a legal, valid, binding, and enforceable contract between Auctioneer and the Bidder. These Terms also form the basis for the final contract of sale between the Seller and the Buyer.

Auctions Conducted Under These Terms. The Auction is conducted under and in accordance with these Terms, the Terms posted on Auctioneer’s website, applicable law, and any announcements or corrections made by Auctioneer during the Auction. By participating in the Auction, whether at the auction site, online, telephonically, or through any other means (including Absentee Bid), Bidder agrees to be bound by, and to abide by, these Terms.
Auctioneer’s Licensing and Bonding. Auctioneer is licensed and bonded where required.
Definitions. The following definitions apply to these Bidder Terms for each auction conducted by Auctioneer:

“Absentee Bid” means a bid submitted in advance by an Absentee Bidder for the execution during the Auction.
“Absentee Bidder” means a person or entity that submits an Absentee Bid.
“Absolute Auction” or “Absolute” applies only if and when expressly indicated and means that property is to be sold to the highest bidder regardless of the amount of the final bid, with no limiting conditions, restrictions, or reservations. UNLESS SPECIFICALLY AND EXPRESSLY STATED BY AUCTIONEER IN WRITING, NO PROPERTY IS BEING SOLD ABSOLUTE OR AT AN ABSOLUTE AUCTION.
“Auction” means the auction sale at which Auctioneer solicits bids, or is scheduled to solicit bids.
“Auction Site” means the physical location of the Auction, or, for an Auction conducted entirely online, the location at which Property may be inspected.
“Bidder Number” means the number or other identifier issued by Auctioneer to a Registered Bidder for the purposes of identifying bids to such Registered Bidder.
“Bidder Registration” means the information provided by a prospective Bidder, and the process of registering such prospective Bidder, to bid at the Auction, including the prospective Bidder’s agreement to be bound by these Bidder Terms.
“Broker Participation Fee” means an amount that is paid to a broker who has participated in procuring a Buyer, or has otherwise assisted in facilitating the sale of Property at the Auction, under the Terms and in the amount established by Auctioneer.
"Buyer" means the Winning Bidder with respect to each Lot of Personal Property.
"Buyer's Premium" is an amount with respect to each Lot of Personal Property sold at the Auction, calculated as a percentage of the Hammer Price, that is payable by the Buyer to Auctioneer for Auctioneer's own account.
“Fall of the Hammer” means the point, after bids have been received, at which Auctioneer declares a Lot of Personal Property “sold” to Bidder acknowledged by Auctioneer as having made the Winning Bid. During an auction that is exclusively online, the Fall of the Hammer will occur electronically at the end of timed (or extended) bidding. In an auction that is Subject to Seller’s Confirmation, the Fall of the Hammer will occur on Seller’s Confirmation of the High Bid Subject to Confirmation.
“Hammer Price” means the high bid amount recognized by Auctioneer with the Fall of the Hammer.
“High Bid” means the high bid amount recognized by Auctioneer at the conclusion of bidding on a Lot.
“High Bid Subject to Confirmation” means the High Bid amount recognized by Auctioneer at the conclusion of bidding on the Lot put up at Auction Subject to Seller’s Conformation. If the High Bid Subject to Conformation is confirmed by Seller, it will be the Hammer Price.
“High Bidder” means the Bidder recognized by Auctioneer as having made the High Bid with respect to a Lot.
"Knocked Down" or "Knock Down" means, with respect to any Property put up at the Auction, that Auctioneer has acknowledged the Winning Bid with the Fall of the Hammer, or by announcing "sold", or by giving a similar such indication. Property may be Knocked Down electronically at the conclusion of a timed online auction event.
“Lot” means each individual item or grouping of Personal Property offered at one time by Auctioneer.
“No Sale” occurs if Property is put up at the Auction but is not Knocked Down or sold, and Auctioneer passes on such Property or declares a No Sale.
“Online Auction Platform” means the hardware and software utilized to conduct the Auction online and to facilitate online bidding, including any associated, adjunct, and/or complementary websites, services, premiums and promotions.
“Online Auction Platform Provider” means the provider of the Online Auction Platform and related services to conduct Auction online.
"Online Bidding Period" means, with respect to an Auction conducted in whole or in part online, any established period during which bids may be tendered.
“Participant” means any person who attends, or otherwise participates in, the Auction (in person or remotely). The term Participant includes, but is not limited to, Registered Bidders, Bidder, and Buyers.
“Personal Property” means all tangible and moveable property, including fixtures, designated as Property.
“Pick-up” means the act of picking up or removing sold Lots by respective Winning Bidders at the date(s), time(s), and location indicated for such during the Auction or as later agreed to by Seller and Buyer.
“Private Sale” means an event in which Property is sold by Seller, or on Seller’s behalf, other than at the Auction (including a sale at an auction conducted by a person or entity other than Auctioneer).
“Private Sale Price” means the fair market purchase price of the Property paid, or agreed to, at a Private Sale in an arms-length transaction between Seller and the purchaser of the Property. If the Property is sold through a Private Sale for less than its fair market value, or in a transaction that is not an arms-length transaction, or is gifted by Seller, the Private Sale Price will be an amount equal to the fair market value of the Property in an arms-length transaction.
“Property” means the Real Property and the Personal Property.
“Purchase Price” means an amount equal to the Hammer Price or High Bid Subject to Confirmation, as the case may be, plus the Buyer’s Premium.
"Registered Bidder" means a person or entity that has registered to bid at the Auction.
“Registration Deposit” means, if required by Auctioneer, the deposit, in certified funds, made by a Registered Bidder in order to register for the Auction.
“Reserve” or “With Reserve” means that the Auctioneer may Withdraw Property put up at Auction and/or bids may be rejected prior to the Fall of the Hammer. UNLESS SPECIFICALLY AND EXPRESSLY STATED OTHERWISE BY AUCTIONEER IN WRITING, ALL PROPERTY IS BEING WITH RESERVE.
“Reserve Price” means the minimum price that Seller is willing to accept for specific Property.
“Seller’s Confirmation” means Seller’s confirmation, approval, and acceptance of the High Bid Subject to Confirmation acknowledged and recorded by Auctioneer.
“Subject to Seller's Confirmation” means, with respect to any Property expressly identified in this Agreement as being sold Subject to Seller’s Confirmation, that after the High Bid Subject to Seller’s Confirmation has been received and acknowledged by Auctioneer, Seller may determine, in Seller's sole and absolute discretion, to (i) accept such bid or (ii) reject such bid.
“Winning Bid” means the highest bid received and accepted (and if Subject to Seller’s Confirmation, confirmed by Seller).
"Winning Bidder" means the Bidder who is recognized by Auctioneer as having made the Winning Bid.
“Withdraw” refers to the circumstance in which the Property is removed from the Auction, or in which it is determined that such Property will not be offered or sold at the Auction.

Bidder Registration. All persons desiring to bid at the Auction, must register to bid and be issued a Bidder Number. In order to register to bid, each potential Bidder must provide such information (including identifying information and qualifications) as requested by Auctioneer. Auctioneer may refuse to accept a Bidder Registration from any potential Bidder, may refuse to issue a Bidder Number to any potential Bidder, and, if a Registered Bidder breaches any Bidder Terms or engages in improper conduct, Auctioneer may revoke any Bidder Number. By registering to bid at the Auction, each Registered Bidder acknowledges and agrees that such Registered Bidder has read, understands, and agrees to be bound by, these Bidder Terms. In Auctioneer’s discretion, bids may be received from a person who has not registered to bid, and by placing a bid accepted by Auctioneer such unregistered Bidder will be bound by these Bidder Terms and will immediately complete a Bidder Registration.
Governing Law.
1. For Auctions in the State of Indiana and Online. Unless otherwise indicated, all Property is offered for sale in the State of Indiana, and will be sold in the State of Indiana. Notwithstanding the physical location of the Bidder or any Participant, these Terms are deemed to be entered into in the State of Indiana, all bids and payments are deemed to be received in the State of Indiana, and the contract, if any, will be deemed to be formed and entered into in the State of Indiana.
Buyer's Premium. All Property offered at the Auction is subject to a Buyer’s Premium, which will be paid by the Buyer to Auctioneer for Auctioneer's own account. The Buyer's Premium will be calculated as a percentage of the Hammer Price, and will be added to the Hammer Price to determine the final Purchase Price. Buyer agrees to pay the Winning Bid plus the applicable Buyer’s Premium.
Access to Auction Site. Participants assume all risks associated with their presence at the Auction Site or their access to the online bidding platform utilized by Auctioneer. Any person may be denied access to the Auction, the Auction Site, and the online bidding platform utilized by Auctioneer, and may be removed at Auctioneer’s discretion.
Nature of the Auction. This Property is being sold at the Auction in the manner indicated on the first page of this Agreement.
Bidding. Registered Bidders may only bid at the Auction by agreeing to be bound by these Bidder Terms. By bidding, each Registered Bidder acknowledges and agrees that such Registered Bidder has had a full and fair opportunity to read, and understands, these Bidder Terms, and affirms that such Registered Bidder is subject to and bound by these Bidder Terms.
No Bid Retraction. Bidder may not retract a bid that has been acknowledged by Auctioneer or that has been submitted online. Bidder acknowledges and agrees that Auctioneer is acting in reliance on tendered bids in the conduct of the Auction, and that bid retraction is disruptive and interferes with the Auction, and that, as an inducement for Auctioneer to accept such Bidder’s Bidder Registration and for such Bidder to bid at the Auction, Bidder agrees not to withdraw or to attempt to withdraw any tendered bid that has been acknowledged by Auctioneer.
Online Auction. The following terms and conditions apply if the Auction is conducted, in whole or in part, online:
1. Online Bidding Registration. Anyone desiring to bid online, or to establish the possibility of bidding online, will be required to create an online bidding account by completing all necessary forms and providing required information.
2. Bidder Terms and Conditions; Notices and Announcements. The Auction will be conducted in accordance with Auctioneer's Terms and any notices or announcements by Auctioneer and/or posted on Auctioneer's website.
3. Posted Times. All times are based on the Eastern Standard Time zone unless stated otherwise. Posted closing times and time displays are approximate. Auctioneer reserves the right to close early or extend the Auction at any time at Auctioneer’s sole and absolute discretion.
4. Online Bidding Increments. Auctioneer may establish bid increments, and may modify or change bid increments, in Auctioneer's sole and absolute discretion.
5. Records of Online Activity. Absent clerical errors, Auctioneer’s records will be deemed final and conclusive.
6. Technology Disruptions. Auctioneer will not be responsible for technology disruptions, errors, or failures (including disruptions to bidding or the failure to execute, recognize, or record online bids), whether caused by (i) loss of connectivity, breakdown, disruption, or failure of the Online Auction Platform, (ii) breakdown, disruption, or failure of a Bidder's internet connection, computer, or system, (iii) viruses or software malfunction, or (iv) otherwise. Auctioneer may, but will not be required to, continue, suspend, delay, extend, reschedule, or close the Auction because of disruptions caused by technology failures, even after bidding has commenced.
7. Failures by Online Auction Platform Provider and its Affiliates or Contractors. Auctioneer may use an Online Auction Platform Provider to facilitate the Auction. Under no circumstances will Auctioneer be liable for any failure of the Online Auction Platform Provider to perform all or any of its obligations, or for the failure of any affiliates, employees, agents, representatives, or contractors of the Online Auction Platform Provider to perform their obligations.
8. Auto Extend Feature. Any Online Bidding Period may include an auto extend feature. This means that, if an online bid is entered within a set time period approaching the end of the established Online Bidding Period, the Online Bidding Period will automatically be extended for an additional amount of time in increments established by Auctioneer, and will continue to be so extended until there is a set period of time that lapses during which no online bids are received, after which bidding will close.
9. Disclaimer. Auctioneer makes no representations or warranties, and disclaims any representations or warranties, (i) that the Online Auction Platform or any related website or technology will be uninterrupted, error free or virus free, (ii) as to the results that may be obtained by using the Online Auction Platform or any related website or technology, or (iii) as to the accuracy, completeness, reliability, security, or current nature of the Online Auction Platform or any related website technology.
10. Responsibility for Online Bids. If a Winning Bid is sent to Auctioneer from the computer of a Registered Bidder, and is, thereafter, confirmed by Seller, such Registered Bidder will be the Buyer.
11. No Reduction or Retraction of Online Bids. Online bids may not be reduced or retracted.
12. Competing Online and Onsite Bids. In the event of contemporaneously made online and onsite bids, Auctioneer will determine which bid is the successful bid, and may, in Auctioneer’s discretion, reopen the bidding.
13. Winning Bidders Subject to Certification by Auctioneer. The final determination of the Winning Bidder is subject to certification by Auctioneer; and any email or electronic message (whether generated manually or automatically) is subject to such certification.
Absentee Bids; Remote Bidding. In Auctioneer’s discretion, Auctioneer may receive Absentee Bids and/or bids tendered by remote Bidders (whether telephonically or otherwise). All prebids and maxbids placed online are considered absentee bids. Auctioneer pledges complete integrity in the treatment of absentee bids and absentee bids may be initiated and advanced in accordance with Auctioneer’s policies and procedures. Auctioneer has the right to initiate any absentee bids at 25% to 50% of their maximum amount. Auctioneer will make reasonable efforts to execute Absentee Bids, but Auctioneer will have no liability to any Absentee Bidder for the failure to execute any Absentee Bids for any reason whatsoever. Each Absentee Bidder acknowledges and agrees that Property may be sold to another Bidder for the maximum amount of the Absentee Bid based on a bidding sequence that causes another Bidder to reach such amount first. If the execution of an Absentee Bid at its maximum amount would require Auctioneer to accept a bid that is less than a full bidding increment, Auctioneer has the sole and absolute discretion to accept or reject such bid. An Absentee Bidder may provide instructions to the Auctioneer to advance the bid by one or more bidding increments after the maximum amount of the Absentee Bid is, or would be, reached. Auctioneer acts only as the agent of the Seller, and the receipt and/or execution of Absentee Bids will not create an agency relationship between Auctioneer and any Absentee Bidder.
Bid Increments. Bid increments are established and controlled by Auctioneer, and may be adjusted or modified in Auctioneer’s sole and absolute discretion.
Registered Bidders Responsible for Bids Placed on Bidder Number. Each Registered Bidder is responsible for the Bidder Number issued to such Registered Bidder. Auctioneer is not responsible for monitoring or policing the use of Bidder Numbers, and each Registered Bidder is responsible for all bids made on the Bidder Number issued to such Registered Bidder even if the Registered Bidder claims that the Bidder Number was lost, stolen, or misappropriated, unless notice of a lost, stolen, or misappropriated Bidder Number was provided to Auctioneer prior to an unauthorized bid being made. Absent a clerical error, Auctioneer’s recording of bids against a Bidder Number will be conclusive as to the making of such bid by, or on behalf of, the Registered Bidder.
Withdrawal of Property. Auctioneer has the absolute right to withdraw any Property from the Auction prior to the Fall of the Hammer, unless the Property is explicitly provided that the Property is being sold at an Absolute Auction.
Winning Bid; Buyer. Pursuant to these Bidder Terms, the Bidder making the Winning Bid for any Lot of Personal Property will be the Buyer of such Property.
All Property Sold “AS IS”, “WHERE IS”, and “WITH ALL FAULTS”. ALL PROPERTY IS BEING OFFERED AND SOLD IN ITS AS IS/WHERE IS CONDITION AT THE TIME OF THE AUCTION, WITH ALL FAULTS, INCLUDING ANY HIDDEN DEFECTS OF ANY NATURE. NEITHER AUCTIONEER NOR SELLER MAKES ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE NATURE, VALUE, SOURCE, AUTHENTICITY, FITNESS, MERCHANTABILITY, AND/OR ANY OTHER ASPECT OR CHARACTERISTICS OF SUCH PROPERTY. NO STATEMENT ANYWHERE, WHETHER EXPRESS OR IMPLIED, INCLUDING VERBAL STATEMENTS MADE BY AUCTIONEER, WILL BE DEEMED A WARRANTY OR REPRESENTATION BY AUCTIONEER OR SELLER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO WARRANTIES OF TITLE, NON-INFRINGEMENT, AUTHENTICITY, ORIGIN, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EACH BIDDER ACKNOWLEDGES AND AGREES THAT HE, SHE, OR IT CANNOT RELY, AND HAS NOT RELIED, ON ANY REPRESENTATION, WARRANTY, OR GUARANTY MADE BY THE SELLER OR ANYONE ACTING AS AGENT OF THE SELLER, ORALLY OR IN WRITING, ABOUT THE PROPERTY, OR ANY OF IT. BY BIDDING, EACH BIDDER ACKNOWLEDGES AND AGREES THAT SUCH BIDDER HAS HAD A FULL AND FAIR OPPORTUNITY TO INSPECT THE PROPERTY, AND IS RELYING SOLELY ON, OR HAS WAIVED, SUCH BIDDER’S INSPECTION AND INVESTIGATION (i) IN DETERMINING WHETHER TO BID, (ii) IN DETERMINING THE AMOUNT OF A BID, AND (iii) IN BIDDING.
Announcements. Subject to the limitation set forth in these Bidder Terms, all terms and conditions and other announcements made by Auctioneer on the day of the Auction are binding and take precedence over any advertisements or listings.
Bidder’s Inspection. By bidding, each Bidder acknowledges and agrees that such Bidder has had a full and fair opportunity to inspect the Property, and is relying solely on, or has waived, such Bidder’s inspection and investigation (i) in determining whether to bid, (ii) in determining the amount of a bid, and (iii) in bidding. Bidder accepts any and all risks associated with the purchase and/or use of the Property. Bidder agrees to defend, hold harmless, indemnify, and protect both Auctioneer and Seller from any all claims of injury arising out of or relating to the purchase or use of the Property.
Description of Property. Unless otherwise expressly stated otherwise in writing, any description of Property is based solely on visual impression, and is given solely for identification purposes, and does not create any warranty, expressed or implied, or representation by Auctioneer.
Contract of Sale for Personal Property. By operation of these Terms, no additional or further writing will be required to evidence the existence of a contract of sale for any Personal Property Knocked-Down at the Auction regardless of the Purchase Price, and these Bidder Terms, together with Auctioneer’s clerking sheets or other physical or digital notation identifying the Lot, the Hammer Price, and the Buyer, will be conclusive evidence as to the terms of the sale. These Bidder Terms will be incorporated into the contract between each Buyer and Seller.
Bidding by or on Behalf of Seller. At an Absolute Auction there is no Seller bidding. The Seller or anyone acting on the Seller’s behalf will not bid (directly or indirectly) on any Property put up at Absolute Auction. At a Reserve Auction, the Seller or anyone acting on the Seller’s behalf will not bid (directly or indirectly) on any Property put up at Reserve Auction, unless the Auctioneer announces and discloses that the Seller (or someone on behalf of the Seller) will be bidding at the Auction.
Conduct of the Auction. Auctioneer will regulate all matters relating to the conduct of the Auction and Auctioneer’s decisions will be final and binding. Auctioneer will have control over bidding, and Auctioneer will resolve any and all disputes. If (i) a bid is made while the hammer is falling in acceptance of a prior bid or while bidding is otherwise being terminated, or (ii) promptly after the Fall of the Hammer or other termination of the bidding Auctioneer is made aware of a bid that was unnoticed prior to the Fall of the Hammer or other termination of the bidding, and it is demonstrated to Auctioneer’s satisfaction that such bid was, in fact, timely made, or (iii) promptly after the Fall of the Hammer or other termination of the bidding Auctioneer is made aware that Auctioneer and a bid assistant or ringman, or multiple bid assistants or ringmen, have acknowledged bids in the same amount bid from different bidders, or (iv) some other bid dispute arises, Auctioneer may, in Auctioneer’s sole and absolute discretion, reopen the bidding (but will not be required to). Any contract formed with the Fall of the Hammer will be subject to the conditions set forth in this Section. If bidding is reopened pursuant to this Section, the bid recognized by Auctioneer prior to the reopening of the bidding will be held, and may not be retracted, and, if no further bids are received, such bid will be the Winning Bid.
Motor Vehicles and Equipment. Any and all motor vehicles and motorized equipment (including, without being limited to, automobiles, trucks, vans, recreational vehicles, motor cycles, motor scooters, tractors, earth moving equipment and other heavy equipment) must be paid in full prior to removal from the Auction Site; and, if any vehicles or equipment is paid for with a check, the vehicle or equipment will not be released unless and until the check clears the drawee bank and the funds have been received by Auctioneer.
All Sales Final. ALL SALES ARE FINAL. NO REFUNDS OR RETURNS.
Sales Tax. Subject to applicable exemptions, if any, each Buyer is responsible for the payment of sales tax for each Lot Knocked-Down at the Auction, which sales tax will be collected by Auctioneer at the time payment is made.
Payment. All Personal Property must be paid for in-full by onsite Buyers on the day of the Auction, at or before the conclusion of the Auction, and before any Property is removed from the Auction Site by or on behalf of the Buyer. Online purchases must be paid for within seven (7) days after the close of the Auction. Onsite purchases may be paid in cash or approved check, and, when authorized by the Seller and made available by Auctioneer, by credit card or debit card. If onsite bidders wish to send a wire, they must present a bank letter of credit (with limit stated equal to or higher than the amount owed by bidder) and wire must be sent no later than one business day after the auction. Online purchases must be paid by credit card or approved check; provided, however, that any online purchases in excess of Two Thousand Five Hundred Dollars ($2,500.00) must be paid by wire transfer or certified funds unless other arrangements are made with Auctioneer in Auctioneer’s sole and absolute discretion.
Pick-up and Removal; Shipping. Each Buyer is responsible for removal of Lots purchased at the Auction, including shipping to remote Buyers. Pick-up and removal dates and times will be as posted on Auctioneer’s website or announced at the Auction. Unless otherwise agreed, each Buyer is solely responsible for the disassembly, removal, shipping, and transportation of each Lot purchased by such Buyer. Tools, packing material, and/or assistance will not be supplied at Pickup, so Buyer must plan accordingly. Disassembly and removal shall be done in a quiet and workmanlike manner, and each Buyer, in making its bid, shall thereby indemnify and hold harmless both Auctioneer and Seller against any and all damage caused by the acts of the Buyer, or such Buyer’s employees, agents, representatives, or independent contractors in connection with the Pickup. Any and all damages to the Pickup site, including, without being limited to damages to land or buildings, caused by a Buyer or by an employee, agent, representative, or independent contractor of a Buyer, will be repaired by, or at the expense of, such Buyer to the satisfaction of Auctioneer and Seller. Each Buyer must show a copy of the invoice (digital or hard copy) and government-issued photo identification before Lots will be released. No Buyer shall bring pets or young children to the Pickup, as the movement of Lots presents an extremely high-risk environment that could result in injury or death.
Abandoned Items. Any Lots not paid in full, not picked up and removed in the time provided (but, under any circumstances, within thirty (30) days after the Auction), or for which payment has not cleared (within five (5) days after the Auction), will be considered abandoned and may be offered for sale at a later auction or subject to other disposition. Such abandonment does not, however, relieve the Buyer or the Buyer’s obligation to make payment in full. Any payments made by or on behalf of a Buyer are non-refundable, and Buyers will remain responsible for the full purchase price of all Lots sold to them. In addition, Buyer’s bidding privileges may be suspended at future auctions.
Returned Checks. Any checks that are returned unpaid will be subject to a returned check fee in the amount of Fifty and 00/100 Dollars ($50.00). In addition to the foregoing, Auctioneer will be entitled to recover, from the issuer of a returned check, all costs and expenses, including attorneys’ fees, for the collection of payment made in the form of a check that has been returned unpaid.
No Stop Payment Orders or Credit Card Chargebacks. Each Bidder agrees that such Bidder will not, under any circumstances, (i) issue a stop payment order with respect to any checks issued at or in connection with the Auction, or (ii) initiate a credit card chargeback with respect to any purchases at the Auction. Each Bidder further agrees that if, in violation of these Terms, a stop payment order is issued or a credit card chargeback is initiated, these Terms will be conclusive evidence of the Bidder’s (i) waiver of any rights to issue a stop payment order or to initiate a credit card chargeback, and (ii) agreement not to issue a stop payment order or to initiate a credit card chargeback; and each Bidder acknowledges and agrees that on Auctioneer’s presentation of these Terms to the bank, credit card company, or other financial institution against which a check was drawn or that issued the credit card on which charges were made, such bank, credit card company, or other financial institution will reverse any stop-payment order and/or deny any credit card chargeback, and will re-credit all amounts to or for the account of Auctioneer. If, in violation of these Terms, a Bidder issues a stop payment order or initiates a credit card chargeback, such Bidder, even if successful, will remain liable for all purchases made at the Auction, and will be responsible for all costs and expenses, including attorneys’ fees, incurred by or on behalf of Auctioneer and/or Seller in challenging the stop payment order or credit card chargeback and in collecting payment. Each Bidder acknowledges and agrees that the covenant not to issue a stop payment order or to initiate a credit card chargeback is a condition to the issuance of a Bidder Number to such Bidder, and is being made as an inducement for Auctioneer to accept such Bidder’s Bidder Registration and to issue a Bidder Number. Each Bidder acknowledges and agrees that Auctioneer is relying on the covenant not to issue a stop payment order or to initiate a credit card chargeback in accepting such Bidder’s Bidder Registration and in issuing a Bidder Number.
Claims. With respect to Lots removed from the Auction Site by or on behalf of a Buyer, no claims or returns will be allowed and no claim will be allowed for adjustments or rescission of any sales based on the failure of a Lot to correspond with any standard and/or expectation of the Buyer.
Risk of Loss for Personal Property. Risk of loss with respect to Personal Property passes to the Buyer with the Fall of the Hammer. Neither Auctioneer nor Seller will be liable for any loss or damage to a Lot after such Lot is sold at the Auction, other than as may be directly and solely caused Auctioneer’s negligence, gross negligence, or intentional misconduct in handling and safeguarding the Lot while in Auctioneer’s sole and exclusive possession.
Buyer’s Remedies; Bidders/Buyers Not Entitled to Incidental or Consequential Damages. To the extent that any Bidder or Buyer may be entitled to damages or remedies, the sole and exclusive remedy available to Bidders and Buyers is a return of the Purchase Price actually paid. Under no circumstances will Auctioneer or the Seller be liable for incidental or consequential damages, including, without being limited to lost profits or reduced productivity. Each Bidder acknowledges and agrees that no Bidder or Buyer is entitled to specific performance or other equitable relief.
Seller’s Remedies. If any Buyer breached such Buyer’s obligations under these Terms or under a sale contract with the Seller of Property sold at the Auction, in addition to all other legal and equitable remedies, such property may be resold and the breaching Buyer will be responsible for any and all damages, including any deficiency or reduction in the Purchase Price, along with incidental damages.
Indemnification. Each Bidder agrees to indemnify, defend, and hold Auctioneer and Seller harmless from any current or future claim regarding the Auction or the Property, including, without being limited to, fitness, use, damage, safety, or injuries to persons or property.
Private Sale. No Participant or Registered Bidder may offer to enter into a Private Sale for the purchase of any of the Property prior to, during, or after the Auction. If any of the Property is not Knocked Down at the Auction and Bidder enters into an agreement to buy (i) any of the Personal Property from the Seller within ten (10) days after the Auction, and/or (ii) any of the Real Property within ninety (90) days after the Auction, Bidder shall pay to Auctioneer an amount equal to Auctioneer’s full commission and Buyer’s Premium.
Waiver. Certain provisions of these Bidder Terms are for the exclusive benefit of Auctioneer and/or Seller(s). Such provisions, including, without being limited to, Bidder registration and qualification requirements, deposit and payment terms (including the method, form, and timing of payment), removal and delivery terms, and Property inspection terms), do not create, and will not be deemed to create, any benefits or rights in favor of any other persons, including competing Bidders, and may not be enforced by any other persons. Either globally or on a case by case basis Auctioneer and/or Seller may (but will not be required to) waive any provisions of these Terms that are intended for the benefit of Auctioneer and/or Seller.
Compliance with the Law. Bidder shall not engage in any illegal conduct on the Auction Site and shall comply with all federal, state, and local laws. Bid pooling occurs when Bidders collude to regulate, and artificially suppress, bidding in an effort to reduce the Hammer Price. Anyone participating in bid pooling will be removed from the Auction Site and referred for prosecution. Theft is a serious offense, and, if discovered, will be prosecuted to the fullest extent of the law. Instances of theft will result in immediate termination of bidding and removal from the Auction Site.
Governing Law; Jurisdiction; Venue; Waiver of Jury Trial. These Bidder Terms will be governed by and construed in accordance with the laws of the State of Indiana, including its statutes of limitations, but without regard to its rules governing conflict of laws. All claims, disputes, and other matters between the parties will be brought in the state or federal courts sitting in and for Elkhart County, Indiana,, which courts will have exclusive jurisdiction, and will be the exclusive venue, for any and all such claims, disputes, and other matters. By submitting a Bidder Registration and accepting a Bidder Number each Registered Bidder irrevocably and unconditionally (i) agrees that any claim or suit relating to these Bidder Terms, or the transactions contemplated hereby, will be brought in the state or federal courts sitting in and for Elkhart County, Indiana,; (ii) consents to the jurisdiction of such courts for any such claim, suit or cause of action; (iii) waives any objection that such party may have to the laying of venue of any such claim, suit or cause of action in such courts; and (iv) waives any objection to the bringing of such claim, suit or cause of action in such courts on the grounds of forum non conveniens. Each Bidder, Buyer, and other Participants waive the right to a jury trial.
Attorneys’ Fees. If any Participant breaches such Participant’s obligations under these Terms, Auctioneer and/or Seller will be entitled to recover all costs and expenses, including attorneys’ fees incurred in enforcing their rights.

Listing Information
Complete liquidation of AJ Wood Products including, Mellott debarker, HMC circle mill, Wood-Mizer edger, Baker resaw w/ return, Morbark chipper, Detroit genset, Komatsu wheel loader, van trailers, office buildings and more. Accepting consignments! 00 Information Lot Free loading for smalls and uninstalled equipment will be available day of auction, and the two days following (Thursday and Friday) After that it will be by appointment only. Contact Tenex Industrial LLC for your rigging and loading needs Joe Fisher 717-314-7317 joe@tenexindustrial.com Buyers have 30 days to remove equipment. 2 Key set 3 Banding tool 4 Milwaukee Impact 1/2'' impact with high output battery 5 Milwaukee Grease Gun with battery 7 6 DeWalt Circular Saw 7 3/4'' blade 8 Tool Box & 3/4'' Drive Socket Set tool box with tools, all contents, 3/4'' drive socket set 9 Banding Tools 2 tighteners, 1 crimper, box with clips 10 Mellot No. 200 Debarker SN: 89200200, type 10, 30 HP electric motor on head, hydraulic drive on bull wheels, 14' outside to outside, bearings show some wear, air log kicker, 54" x 54" operator cab with all controls 11 Barn Sweep Bark Conveyor 44" x 25' flat section, 44" x 25' elevated section, electric drive, in good condition 12 4 Strand Log Deck with Stop-N-Load 12' x 18' tulsa winch drive with hydraulic motor, includes support posts to ground 13 HMC 4 Head Block Carriage 1st lot of entirety. MN: AC40BD, SN: 567 94, 15' L x 79" W, 5 axles, Silvatech set works, electric drive, air dogs, tong dog, includes electrical control box 14 Track and Frame Part of an entirety. 45" center-center x 50' long 15 HMC Carriage Drive and Feed Part of an entirety. Model: HD 42, SN: HD4225779, hydraulic motor, cable drum and cable, feed runs off mandrel shaft 16 HMC Husk Part of an entirety. 56" blade, includes saw wrench, 70" x 90" overall, 18" x 64" off bear belt 17 IPS Electric Motor Part of an entirety. 150 HP, 1735 RPM, frame 444T 17A Ben Shaw Starter (part of an entirety) 150 hp electric motor soft start 17B Soft Start (part of an entirety) 18 HMC Operator Cab Part of an entirety. 4' x 4', AC unit 19 HMC Entirety Lots 13 - 18 With a 10% raise 20 Lumber Line Laser Light Model: LL-2, SN: 3837, 120 V, in good condition 21 Mellot Log Turner 42" chain type, hydraulic drive, in good condition 22 3 Strand Log Deck 10' x 25' long x 52" nose skid, electric drive, with stop-n-load 23 24" Dust Blower 10" Inlet 8" outlet, electric drive 24 Metal Dust Pipe 10" x 6', 8" x 40', includes elbows 25 Slab Drop 25" x 12', 18" belt, hydraulic lift cylinder, electric drive 26 Mellot Vibrating Conveyor electric drive, 26" x 60' long, 19" pan, 4" sides, chipper adapter, screen section shows wear, otherwise in good condition 27 Mellot Roll Case 30" x 18', 6 1/2" x 24" spiral rolls, no drive 28 Mellot Roll Case 30" x 18', 6 1/2" x 24" smooth rolls, electric drive 29 Spiral Roll Case 24" x 17', 9" x 19 1/2" rolls, no drive 30 Wood-Mizer EG400 Edger SN: EG400EC30D1205140191A4.00, Model: EG400, 30 HP electric motor, 2 moving saws, 16" blades with insert tooth, 41" x 8' in feed table, 39" x 12' outfeed table, with control box, preset board width, 4" x 36" board capacity, laser light system, outfeed table has power roller for belt. This is a very nice edger! 31 3 Strand Transfer Chains 66" long, electric drive, strands only, no supports 32 Dust Blower 36" Blower, 15 HP Electric Motor, 18" inlet, 12" outlet 33 Metal Dust Pipes All pipes to and from blower, 12" x 60' with elbow, 8" x 12', 12" x 50' 34 Skate Rolls 3 pc. 21" x 9' 35 Skate Roll Table 5' x 7' 36 Skate Roll Table 5' x 8' 37 Baker Single Head Band Resaw 30 HP electric motor, 7/8" x 28" wheels, 1 1/4" band, 12" x 14' feed and return belt hydraulic powered, live press down roll 38 Cat Claw Band Sharpener used to sharpen 1 1/4" bands, electric drive 39A Smart Set Deluxe Setworks LCD display, includes cables, can be used on most bandsaw mills, made in the USA 39 Accu Trac Single Head Bandsaw 26" x 1 1/2" wheels, 1 1/2 bands, 12" x 9' hydraulic drive, feed belt, 2 live press down rolls, chain head lift hydraulic drive, 20 HP electric 40 3 Strand Green Chain 116" x 45', hydraulic drive 41 Hydraulic Unit 10 HP electric, used to run green chain 42 Lumber Cart 42" x 72" wood frame, swivel wheel on one end 43 Lumber Cart 42" x 72" wood frame, swivel wheel on one end 44 Lumber Cart 42" x 72" wood frame, swivel wheel on one end 45 Lumber Cart 42" x 72" wood frame, swivel wheel on one end 46 Lumber Cart 42" x 72" wood frame, swivel wheel on one end 47 Steel Lumber Carts 42" x 6', steel wheels, one end swivels 48 Steel Lumber Carts 42" x 6', steel wheels, one end swivels 49 Steel Lumber Carts 42" x 6', steel wheels, one end swivels 50 Steel Lumber Carts 42" x 6', steel wheels, one end swivels 51 Lumber Carts (3) 42" x 7' steel frame, polly wheels 52 Saw Blade 56" F-style, damaged 53 Saw Blade 56" F-style, good condition 54 Saw Blade 56" F-style, good condition 55 Saw Blade 56" F-style, slight damage 56 Morbark Chipper (1st lot of entirety) SN: 1063, Model: 48, 6 knife, in good condition, drive sells seperate 57 Reliance Electric Motor (part of an entirety) 125 HP, 1775 RPM, 405T frame 57A Starter Box (part of an entirety) Snyder Soft Start for chipper motor plus various smaller starters 58 Precision Shaker and Cyclone (part of an entirety) SN: S-1515, Model: 5x5, electric drive, includes pipe to chipper 59 Phelps Chip Blower (part of an entirety) 24", 20 HP electric motor, dual loading chutes 57B Snyder Soft Start (part of an entirety) 60 Morbark Chipper and Shaker Screen Entirety Lots # 56-59 With a 10% raise 60A Chipper Knives & Set Gauge 14 3/4'', 4 pc. counter knives, New Simonds, approx. 60 pc., some good & some in rough condition 61 Dixie MFG 70" Dust Blower 28" inlet, 24" outlet, 30 HP electric motor, includes pipe to and from blower 62 Steel Blower Pipe and Fittings assorted sized from 6' x 14" 63 Ingersoll Rand Air Compressor Model: TS5, 5 HP electric, 1 PH motor, compressor mounted on 80 gallon vertical tank, includes wire to breaker box, in good condition 64 Atlas Copco Screw Type Air Compressor SN: ATA0146900, approx. 15000 hours, compressor works good but controls have electrical issues, works good if controls are bypassed 65 Hydraulic Pak 30 HP electric motor with double pump direct mounter, 60" x 27" x 16" tank, lots of electric control valves, oil cooler, electric control box 66 Tyrone Berry Hydraulic Pak SN: 42724, Model: SMA-214, electric motor 15 HP 67 AJAX Electric Motor manual starter 68 Magna One Diesel Genset 670 KW SN: LK-94463-2, Model: 682FDR8076GG-P612, Frame number: 682, meter reads 1120 hours, 3PH, 1800 RPM, Dyna-Gen control box, Synchronous AC generator, powered by Detroit diesel Model: 8163705, Unit number: 16VF005424, needs new alternator, runs good 68A Breaker Box wires going to genset, 3 phase wires, 40' heavy wires 69 Fuel Tank 500 gallon includes hand pump 70 Fuel Tank 500 gallon 71 2016 Bobcat T770 Skid Steer Pin # AT63129383 Pilot joystick controls, cab has heat and ac, front door is missing, sells with bucket, 2490 hrs.good condition, Code to start is 12525, def needs repaired 75 Komatsu WA250 Wheel Loader SN A65768-12887, Model WA250-1, Year 1995, 12,887 hours, 3rd valve hydraulic, with Rockland grapple forks, SN N10590, cab has heat, Cummins 5.9L engine, SN 60251755, good running loader. THIS LOADER WILL BE RESERVED TILL FRIDAY NIGHT FOR LOADOUT 75B Cat IT28G Wheel Loader Cat turbo engine, manual quick attach, leaks hydraulic oil, runs & operates, has 3rd valve, hours unknown, has cracked glass, interior is in rough condition, 20'' center to center of quick attach hooks. DOES NOT INCLUDE FORKS 76 John Deere 544A Wheel Loader SN: 1497271, Model: 544A, hours unknown, manual Joystick boom control, runs & operates 76A Pemberton Inc. Loader bucket 98'' x 48'' x 44'' slip on bucket 77 Loader Bucket dirt bucket, fits John Deere 544AA, 90" x 40", 30 1/2" between mounting brackets 77B Loader Bucket dirt bucket, fits Cat wheel loader, 100'' wide, 20'' center to center of quick attach hooks. 77C Forks with Log Clamp Manual quick attach, was used on the Cat IT28 loader, 20'' center to center of quick attach hooks. 79 Clark Forklift* Meter reads 1968 hours, 3 stage mast, 5000 lb. lift capacity, LP (no tank) did run but has sat for awhile 80 1990 Great Dane Super Slide Van Trailer VIN: 1GRAA902XL5016101, 96" x 45', has side door 85 2015 Pitts Trailer VIN #: 5JYLT4226FP150948 Features and Notes:40' long, 80,000 lb. GVW, 6 bunks, 91'' inside. LT40-L trailer. Has title 86 2017 Kauffman Log Trailer VIN 1K9LT4227HB367012, 42' long, 6 bunks, 91'' inside, 90,000 lb. GVW, has title 87 Concrete Blocks 2' x 2' x 6', approx. 40 pieces 88 Storage Building 14' x 20' with 76" sides, metal exterior, 5 windows, 1 man door, insulated, metal ceiling and end walls, wood on sides, on skids, in good condition 89 Storage Building 10' x 16' with 76" sides, 2 windows, wood siding, double doors, on skids, in good condition 89A John Deere Powerunit w/ Clutch* Model 4039DF, serial # CD4039D176266, runs but needs new head gasket 89B Crescent Machine Co. Bandsaw* 90 4 Strand Transfer Deck 10' to split with roller chain, 80" with no chain, log stops, used for resaw runaround 91 Roll case 28" x 22', 9" x 19 1/2" rolls, no drive 92 Roll case 28" x 17', 9" x 19 1/2" rolls, no drive 92A Roll case 26' x 20',9'' x 191/2'' rolls,hyd.drive,board kickers 93 Roll case 28" x 10', 9" x 19 1/2" rolls, electric drive 94 Dust Blower 44" no motor, 17" inlet, 12" x 12" outlet 95 Edmiston 36" Edger with Gas Motor 1 moving and 2 stationary saws, hydraulic saw movement, 7' infeed table, 6 outfeed table, 16" inserted tooth blades, Predator 670cc gas engine, Vtwin electric start 96 HMC 4 Headblock 40" Carriage (1st lot of entirety) SN: 504-91, Model: AC 40 panagraph arms, air dogs, tong dog, electric setworks drive 97 Track and Frame (part of an entirety) 40"center to center x 50', bottom support frame does not sell 98 Operator Cab (part of an entirety) 5' x 6', glass is broken, control boxes and all controls 99 Tyrone Berry Carriage Feed and Drive (part of an entirety) Model: SMA215-E, no motor on feed, hydraulic motor on drive 100 HMC Husk Frame (part of an entirety) 64" x 112" 101 Marathon Electric Motor (part of an entirety) 125 HP, frame 4456, 1780 RPM, condition unknown 105 Roll case 26" x 20', 9" x 19 1/2" rolls, hydraulic drive, board kickers 102 HMC Mill Entirety Lots# 96-101 With a 10% raise 103 2 Blade Trim Saw 2 moving saws, 18" blades, 18' long capacity, hydraulic feed and saw movement, electric motors on saws 104 HMC Debarker SN: V629, Model: 208, parts machine 105 HMC 4 Head Block Carriage Model AC40BC, SN 565-94, air dogs, tong dog, panagraph, 5 axle, electric setworks drive, normal wear for age. First Lot of an Entirety 105A Carriage Track & Frame 45'' center to center x 56', 20'' idler pulley with air bag stops. Part of an entirety 105B Carriage Drive Model DC40, SN 11794, gear box with cable drum, no motor, frame mount needs to be cut from track. Part of an entirety 105C Mellot Operator Cab 54'' x 78'' x 87'' high, control box, glass is cracked, does not include Silvatech box. Part of an entirety. 105D Silvatech Setworks & Controls turner controls, carriage drive control, includes box in cab. Part of an entirety 105E HMC Log Turner chain type. Part of an entirety 105F HMC Carriage Entirety Lot 105-105E Entirety lot for lots 105,105A, 105B, 105C, 105D, 105E with 10% Raise 106 3 Strand Log Deck with Stop & Load 9' x 14', Tulsa winch drive with hydraulic motor 107 Mellot Vibrating Conveyor Sections 25 1/2" x 8' with screen, 9' bottom section 108 Tub Grinder 4 blade knife sharpener, in rough condition 109 MDIXR 3,000 Metal Detector 25 1/2" x 5' fiberglass section, with control box 110 2 Lumber Carts 42" x 6', steel poly wheels 111 Wooden Spool with misc. tools on top 112 Welding Leads 130' leads 113 Pallet Lot sprockets, pulleys, roller chains, 41" x 46" metal screen 114 Skid electric motors, hoses, bolts 115 Skid Firman gen. 1050 W, hydraulic motors, chain hoist, come along 116 Skid 4 gear boxes 117 Skid of Rollcase Parts cylinder, gear box 118 Skid 2 mufflers, exhaust pipe 119 Breaker Panel with five breakers 120 Tool Lot screw drivers, sockets, wrenches, pliers, punches, pry bars, Allen wrenches 121 Box Lot 3 split sprockets 12" OD, 2 solid sprockets 11" OD 122 Deck Chain New H78B rooftop chain, 7 pc.-10' long each 123 Indec Electric Motor New! Model GF04, 5 hp, 1760 RPM 124 Bearings New Timken TRB-2 15/16'', New Flange bearings-1 7/16'', New Pillow block-1 1/2'' 125 Gas Jugs & Bucket Oil 2-5 gallon jugs, 2-2 gallon jugs, 5 gallon bucket of hydraulic fluid, approx. 4 gallons oil 126 Hand Tools & Parts all tools & parts on top of workbench, lots of sockets & screwdrivers 127 Conduit & Pipes SCH40 conduit, steel strut, steel pipe hydraulic lines, Flex conduit 128 V-Belts some are new, assorted sizes 129 3/4'' Air Hose 1 pc. 1/4'' air hose, swivel lock fittings, 2 pc. hose 130 Electric Extension Cords 3 pieces, 1 pc. has no ends 131 Water Hose 5/8'' 132 Carriage Parts 3 pc.. temposonics rods, hydraulic valve, block with valve 133 Milwaukee Jockey Grinder 2 saw wrenches, swage 134 Wrench Set open end wrenches, assorted sizes, up to 2'' 135 Tank Mount Propane Heaters 2 heaters 136 Automotive Floor Jack light aluminum, works 137 Broom, Shovel, Hoe, & Cant Hook 138 Grading Stick & Tools 2 boxes of ear plugs, clamp, grading stick & marker, pop rivet tool 139 1 Ton Chain hoist, chain boomer 140 Leather Aprons have a nylon belt 141 Werner 6' Stepladder 142 Louisville Extension Ladder 24'

Listing Information

Complete liquidation of AJ Wood Products including, Mellott debarker, HMC circle mill, Wood-Mizer edger, Baker resaw w/ return, Morbark chipper, Detroit genset, Komatsu wheel loader, van trailers, office buildings and more. Accepting consignments!

Information Lot
Free loading for smalls and uninstalled equipment will be available day of auction, and the two days following (Thursday and Friday) After that it will be by appointment only. Contact Tenex Industrial LLC for your rigging and loading needs
Joe Fisher 717-314-7317 joe@tenexindustrial.com
Buyers have 30 days to remove equipment.

Key set

Banding tool

Milwaukee Impact
1/2'' impact with high output battery

Milwaukee Grease Gun
with battery

DeWalt Circular Saw
7 3/4'' blade

Tool Box & 3/4'' Drive Socket Set
tool box with tools, all contents, 3/4'' drive socket set

Banding Tools
2 tighteners, 1 crimper, box with clips

Mellot No. 200 Debarker
SN: 89200200, type 10, 30 HP electric motor on head, hydraulic drive on bull wheels, 14' outside to outside, bearings show some wear, air log kicker, 54" x 54" operator cab with all controls

Barn Sweep Bark Conveyor
44" x 25' flat section, 44" x 25' elevated section, electric drive, in good condition

4 Strand Log Deck with Stop-N-Load
12' x 18' tulsa winch drive with hydraulic motor, includes support posts to ground

HMC 4 Head Block Carriage
1st lot of entirety. MN: AC40BD, SN: 567 94, 15' L x 79" W, 5 axles, Silvatech set works, electric drive, air dogs, tong dog, includes electrical control box

Track and Frame
Part of an entirety. 45" center-center x 50' long

HMC Carriage Drive and Feed
Part of an entirety. Model: HD 42, SN: HD4225779, hydraulic motor, cable drum and cable, feed runs off mandrel shaft

HMC Husk
Part of an entirety. 56" blade, includes saw wrench, 70" x 90" overall, 18" x 64" off bear belt

IPS Electric Motor
Part of an entirety. 150 HP, 1735 RPM, frame 444T

17A

Ben Shaw Starter
(part of an entirety) 150 hp electric motor soft start

17B

Soft Start
(part of an entirety)

HMC Operator Cab
Part of an entirety. 4' x 4', AC unit

HMC Entirety Lots 13 - 18
With a 10% raise

Lumber Line Laser Light
Model: LL-2, SN: 3837, 120 V, in good condition

Mellot Log Turner
42" chain type, hydraulic drive, in good condition

3 Strand Log Deck
10' x 25' long x 52" nose skid, electric drive, with stop-n-load

24" Dust Blower
10" Inlet 8" outlet, electric drive

Metal Dust Pipe
10" x 6', 8" x 40', includes elbows

Slab Drop
25" x 12', 18" belt, hydraulic lift cylinder, electric drive

Mellot Vibrating Conveyor
electric drive, 26" x 60' long, 19" pan, 4" sides, chipper adapter, screen section shows wear, otherwise in good condition

Mellot Roll Case
30" x 18', 6 1/2" x 24" spiral rolls, no drive

Mellot Roll Case
30" x 18', 6 1/2" x 24" smooth rolls, electric drive

Spiral Roll Case
24" x 17', 9" x 19 1/2" rolls, no drive

Wood-Mizer EG400 Edger
SN: EG400EC30D1205140191A4.00, Model: EG400, 30 HP electric motor, 2 moving saws, 16" blades with insert tooth, 41" x 8' in feed table, 39" x 12' outfeed table, with control box, preset board width, 4" x 36" board capacity, laser light system, outfeed table has power roller for belt. This is a very nice edger!

3 Strand Transfer Chains
66" long, electric drive, strands only, no supports

Dust Blower
36" Blower, 15 HP Electric Motor, 18" inlet, 12" outlet

Metal Dust Pipes
All pipes to and from blower, 12" x 60' with elbow, 8" x 12', 12" x 50'

Skate Rolls
3 pc. 21" x 9'

Skate Roll Table
5' x 7'

Skate Roll Table
5' x 8'

Baker Single Head Band Resaw
30 HP electric motor, 7/8" x 28" wheels, 1 1/4" band, 12" x 14' feed and return belt hydraulic powered, live press down roll

Cat Claw Band Sharpener
used to sharpen 1 1/4" bands, electric drive

39A

Smart Set Deluxe Setworks
LCD display, includes cables, can be used on most bandsaw mills, made in the USA

Accu Trac Single Head Bandsaw
26" x 1 1/2" wheels, 1 1/2 bands, 12" x 9' hydraulic drive, feed belt, 2 live press down rolls, chain head lift hydraulic drive, 20 HP electric

3 Strand Green Chain
116" x 45', hydraulic drive

Hydraulic Unit
10 HP electric, used to run green chain

Lumber Cart
42" x 72" wood frame, swivel wheel on one end

Steel Lumber Carts
42" x 6', steel wheels, one end swivels

Lumber Carts
(3) 42" x 7' steel frame, polly wheels

Saw Blade
56" F-style, damaged

Saw Blade
56" F-style, good condition

Saw Blade
56" F-style, slight damage

Morbark Chipper
(1st lot of entirety) SN: 1063, Model: 48, 6 knife, in good condition, drive sells seperate

Reliance Electric Motor
(part of an entirety) 125 HP, 1775 RPM, 405T frame

57A

Starter Box
(part of an entirety)
Snyder Soft Start for chipper motor plus various smaller starters

Precision Shaker and Cyclone
(part of an entirety) SN: S-1515, Model: 5x5, electric drive, includes pipe to chipper

Phelps Chip Blower
(part of an entirety) 24", 20 HP electric motor, dual loading chutes

57B

Snyder Soft Start
(part of an entirety)

Morbark Chipper and Shaker Screen Entirety Lots # 56-59
With a 10% raise

60A

Chipper Knives & Set Gauge
14 3/4'', 4 pc. counter knives, New Simonds, approx. 60 pc., some good & some in rough condition

Dixie MFG 70" Dust Blower
28" inlet, 24" outlet, 30 HP electric motor, includes pipe to and from blower

Steel Blower Pipe and Fittings
assorted sized from 6' x 14"

Ingersoll Rand Air Compressor
Model: TS5, 5 HP electric, 1 PH motor, compressor mounted on 80 gallon vertical tank, includes wire to breaker box, in good condition

Atlas Copco Screw Type Air Compressor
SN: ATA0146900, approx. 15000 hours, compressor works good but controls have electrical issues, works good if controls are bypassed

Hydraulic Pak
30 HP electric motor with double pump direct mounter, 60" x 27" x 16" tank, lots of electric control valves, oil cooler, electric control box

Tyrone Berry Hydraulic Pak
SN: 42724, Model: SMA-214, electric motor 15 HP

AJAX Electric Motor
manual starter

Magna One Diesel Genset 670 KW
SN: LK-94463-2, Model: 682FDR8076GG-P612, Frame number: 682, meter reads 1120 hours, 3PH, 1800 RPM, Dyna-Gen control box, Synchronous AC generator, powered by Detroit diesel Model: 8163705, Unit number: 16VF005424, needs new alternator, runs good

68A

Breaker Box
wires going to genset, 3 phase wires, 40' heavy wires

Fuel Tank
500 gallon includes hand pump

Fuel Tank
500 gallon

2016 Bobcat T770 Skid Steer
Pin # AT63129383
Pilot joystick controls, cab has heat and ac, front door is missing, sells with bucket, 2490 hrs.good condition, Code to start is 12525, def needs repaired

Komatsu WA250 Wheel Loader
SN A65768-12887, Model WA250-1, Year 1995, 12,887 hours, 3rd valve hydraulic, with Rockland grapple forks, SN N10590, cab has heat, Cummins 5.9L engine, SN 60251755, good running loader. THIS LOADER WILL BE RESERVED TILL FRIDAY NIGHT FOR LOADOUT

75B

Cat IT28G Wheel Loader
Cat turbo engine, manual quick attach, leaks hydraulic oil, runs & operates, has 3rd valve, hours unknown, has cracked glass, interior is in rough condition, 20'' center to center of quick attach hooks. DOES NOT INCLUDE FORKS

John Deere 544A Wheel Loader
SN: 1497271, Model: 544A, hours unknown, manual Joystick boom control, runs & operates

76A

Pemberton Inc. Loader bucket
98'' x 48'' x 44'' slip on bucket

Loader Bucket
dirt bucket, fits John Deere 544AA, 90" x 40", 30 1/2" between mounting brackets

77B

Loader Bucket
dirt bucket, fits Cat wheel loader, 100'' wide, 20'' center to center of quick attach hooks.

77C

Forks with Log Clamp
Manual quick attach, was used on the Cat IT28 loader, 20'' center to center of quick attach hooks.

Clark Forklift*
Meter reads 1968 hours, 3 stage mast, 5000 lb. lift capacity, LP (no tank) did run but has sat for awhile

1990 Great Dane Super Slide Van Trailer
VIN: 1GRAA902XL5016101, 96" x 45', has side door

2015 Pitts Trailer

VIN #: 5JYLT4226FP150948

Features and Notes:40' long, 80,000 lb. GVW, 6 bunks, 91'' inside. LT40-L trailer. Has title

2017 Kauffman Log Trailer
VIN 1K9LT4227HB367012, 42' long, 6 bunks, 91'' inside, 90,000 lb. GVW, has title

Concrete Blocks
2' x 2' x 6', approx. 40 pieces

Storage Building
14' x 20' with 76" sides, metal exterior, 5 windows, 1 man door, insulated, metal ceiling and end walls, wood on sides, on skids, in good condition

Storage Building
10' x 16' with 76" sides, 2 windows, wood siding, double doors, on skids, in good condition

89A

John Deere Powerunit w/ Clutch*
Model 4039DF, serial # CD4039D176266, runs but needs new head gasket

89B

Crescent Machine Co. Bandsaw*

4 Strand Transfer Deck
10' to split with roller chain, 80" with no chain, log stops, used for resaw runaround

Roll case
28" x 22', 9" x 19 1/2" rolls, no drive

Roll case
28" x 17', 9" x 19 1/2" rolls, no drive

92A

Roll case
26' x 20',9'' x 191/2'' rolls,hyd.drive,board kickers

Roll case
28" x 10', 9" x 19 1/2" rolls, electric drive

Dust Blower
44" no motor, 17" inlet, 12" x 12" outlet

Edmiston 36" Edger with Gas Motor
1 moving and 2 stationary saws, hydraulic saw movement, 7' infeed table, 6 outfeed table, 16" inserted tooth blades, Predator 670cc gas engine, Vtwin electric start

HMC 4 Headblock 40" Carriage
(1st lot of entirety) SN: 504-91, Model: AC 40 panagraph arms, air dogs, tong dog, electric setworks drive

Track and Frame
(part of an entirety) 40"center to center x 50', bottom support frame does not sell

Operator Cab
(part of an entirety) 5' x 6', glass is broken, control boxes and all controls

Tyrone Berry Carriage Feed and Drive
(part of an entirety) Model: SMA215-E, no motor on feed, hydraulic motor on drive

100

HMC Husk Frame
(part of an entirety) 64" x 112"

101

Marathon Electric Motor
(part of an entirety) 125 HP, frame 4456, 1780 RPM, condition unknown

105

Roll case
26" x 20', 9" x 19 1/2" rolls, hydraulic drive, board kickers

102

HMC Mill Entirety Lots# 96-101
With a 10% raise

103

2 Blade Trim Saw
2 moving saws, 18" blades, 18' long capacity, hydraulic feed and saw movement, electric motors on saws

104

HMC Debarker
SN: V629, Model: 208, parts machine

105

HMC 4 Head Block Carriage
Model AC40BC, SN 565-94, air dogs, tong dog, panagraph, 5 axle, electric setworks drive, normal wear for age. First Lot of an Entirety

105A

Carriage Track & Frame
45'' center to center x 56', 20'' idler pulley with air bag stops. Part of an entirety

105B

Carriage Drive
Model DC40, SN 11794, gear box with cable drum, no motor, frame mount needs to be cut from track. Part of an entirety

105C

Mellot Operator Cab
54'' x 78'' x 87'' high, control box, glass is cracked, does not include Silvatech box. Part of an entirety.

105D

Silvatech Setworks & Controls
turner controls, carriage drive control, includes box in cab. Part of an entirety

105E

HMC Log Turner
chain type. Part of an entirety

105F

HMC Carriage Entirety Lot 105-105E
Entirety lot for lots 105,105A, 105B, 105C, 105D, 105E with 10% Raise

106

3 Strand Log Deck with Stop & Load
9' x 14', Tulsa winch drive with hydraulic motor

107

Mellot Vibrating Conveyor Sections
25 1/2" x 8' with screen, 9' bottom section

108

Tub Grinder
4 blade knife sharpener, in rough condition

109

MDIXR 3,000 Metal Detector
25 1/2" x 5' fiberglass section, with control box

110

2 Lumber Carts
42" x 6', steel poly wheels

111

Wooden Spool
with misc. tools on top

112

Welding Leads
130' leads

113

Pallet Lot
sprockets, pulleys, roller chains, 41" x 46" metal screen

114

Skid
electric motors, hoses, bolts

115

Skid
Firman gen. 1050 W, hydraulic motors, chain hoist, come along

116

Skid
4 gear boxes

117

Skid of Rollcase Parts
cylinder, gear box

118

Skid
2 mufflers, exhaust pipe

119

Breaker Panel
with five breakers

120

Tool Lot
screw drivers, sockets, wrenches, pliers, punches, pry bars, Allen wrenches

121

Box Lot
3 split sprockets 12" OD, 2 solid sprockets 11" OD

122

Deck Chain
New H78B rooftop chain, 7 pc.-10' long each

123

Indec Electric Motor
New! Model GF04, 5 hp, 1760 RPM

124

Bearings
New Timken TRB-2 15/16'', New Flange bearings-1 7/16'', New Pillow block-1 1/2''

125

Gas Jugs & Bucket Oil
2-5 gallon jugs, 2-2 gallon jugs, 5 gallon bucket of hydraulic fluid, approx. 4 gallons oil

126

Hand Tools & Parts
all tools & parts on top of workbench, lots of sockets & screwdrivers

127

Conduit & Pipes
SCH40 conduit, steel strut, steel pipe hydraulic lines, Flex conduit

128

V-Belts
some are new, assorted sizes

129

3/4'' Air Hose
1 pc. 1/4'' air hose, swivel lock fittings, 2 pc. hose

130

Electric Extension Cords
3 pieces, 1 pc. has no ends

131

Water Hose
5/8''

132

Carriage Parts
3 pc.. temposonics rods, hydraulic valve, block with valve

133

Milwaukee Jockey Grinder
2 saw wrenches, swage

134

Wrench Set
open end wrenches, assorted sizes, up to 2''

135

Tank Mount Propane Heaters
2 heaters

136

Automotive Floor Jack
light aluminum, works

137

Broom, Shovel, Hoe, & Cant Hook

138

Grading Stick & Tools
2 boxes of ear plugs, clamp, grading stick & marker, pop rivet tool

139

1 Ton Chain
hoist, chain boomer

140

Leather Aprons
have a nylon belt

141

Werner 6' Stepladder

142

Louisville Extension Ladder
24'

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AJ Wood Products

Bright Star Realty and Auctions, INC

Contact: Loren Beachy
Phone: 574-825-0704

158 Fred Sherry Lumber Rd
Ebensburg, PA 15931

Wednesday Mar 15, 2023 Completed

Auctions Conducted Under These Terms. The Auction is conducted under and in accordance with these Terms, the Terms posted on Auctioneer’s website, applicable law, and any announcements or corrections made by Auctioneer during the Auction. By participating in the Auction, whether at the auction site, online, telephonically, or through any other means (including Absentee Bid), Bidder agrees to be bound by, and to abide by, these Terms.
Auctioneer’s Licensing and Bonding. Auctioneer is licensed and bonded where required.
Definitions. The following definitions apply to these Bidder Terms for each auction conducted by Auctioneer:

Bidder Registration. All persons desiring to bid at the Auction, must register to bid and be issued a Bidder Number. In order to register to bid, each potential Bidder must provide such information (including identifying information and qualifications) as requested by Auctioneer. Auctioneer may refuse to accept a Bidder Registration from any potential Bidder, may refuse to issue a Bidder Number to any potential Bidder, and, if a Registered Bidder breaches any Bidder Terms or engages in improper conduct, Auctioneer may revoke any Bidder Number. By registering to bid at the Auction, each Registered Bidder acknowledges and agrees that such Registered Bidder has read, understands, and agrees to be bound by, these Bidder Terms. In Auctioneer’s discretion, bids may be received from a person who has not registered to bid, and by placing a bid accepted by Auctioneer such unregistered Bidder will be bound by these Bidder Terms and will immediately complete a Bidder Registration.
Governing Law.
1. For Auctions in the State of Indiana and Online. Unless otherwise indicated, all Property is offered for sale in the State of Indiana, and will be sold in the State of Indiana. Notwithstanding the physical location of the Bidder or any Participant, these Terms are deemed to be entered into in the State of Indiana, all bids and payments are deemed to be received in the State of Indiana, and the contract, if any, will be deemed to be formed and entered into in the State of Indiana.
Buyer's Premium. All Property offered at the Auction is subject to a Buyer’s Premium, which will be paid by the Buyer to Auctioneer for Auctioneer's own account. The Buyer's Premium will be calculated as a percentage of the Hammer Price, and will be added to the Hammer Price to determine the final Purchase Price. Buyer agrees to pay the Winning Bid plus the applicable Buyer’s Premium.
Access to Auction Site. Participants assume all risks associated with their presence at the Auction Site or their access to the online bidding platform utilized by Auctioneer. Any person may be denied access to the Auction, the Auction Site, and the online bidding platform utilized by Auctioneer, and may be removed at Auctioneer’s discretion.
Nature of the Auction. This Property is being sold at the Auction in the manner indicated on the first page of this Agreement.
Bidding. Registered Bidders may only bid at the Auction by agreeing to be bound by these Bidder Terms. By bidding, each Registered Bidder acknowledges and agrees that such Registered Bidder has had a full and fair opportunity to read, and understands, these Bidder Terms, and affirms that such Registered Bidder is subject to and bound by these Bidder Terms.
No Bid Retraction. Bidder may not retract a bid that has been acknowledged by Auctioneer or that has been submitted online. Bidder acknowledges and agrees that Auctioneer is acting in reliance on tendered bids in the conduct of the Auction, and that bid retraction is disruptive and interferes with the Auction, and that, as an inducement for Auctioneer to accept such Bidder’s Bidder Registration and for such Bidder to bid at the Auction, Bidder agrees not to withdraw or to attempt to withdraw any tendered bid that has been acknowledged by Auctioneer.
Online Auction. The following terms and conditions apply if the Auction is conducted, in whole or in part, online:
1. Online Bidding Registration. Anyone desiring to bid online, or to establish the possibility of bidding online, will be required to create an online bidding account by completing all necessary forms and providing required information.
2. Bidder Terms and Conditions; Notices and Announcements. The Auction will be conducted in accordance with Auctioneer's Terms and any notices or announcements by Auctioneer and/or posted on Auctioneer's website.
3. Posted Times. All times are based on the Eastern Standard Time zone unless stated otherwise. Posted closing times and time displays are approximate. Auctioneer reserves the right to close early or extend the Auction at any time at Auctioneer’s sole and absolute discretion.
4. Online Bidding Increments. Auctioneer may establish bid increments, and may modify or change bid increments, in Auctioneer's sole and absolute discretion.
5. Records of Online Activity. Absent clerical errors, Auctioneer’s records will be deemed final and conclusive.
6. Technology Disruptions. Auctioneer will not be responsible for technology disruptions, errors, or failures (including disruptions to bidding or the failure to execute, recognize, or record online bids), whether caused by (i) loss of connectivity, breakdown, disruption, or failure of the Online Auction Platform, (ii) breakdown, disruption, or failure of a Bidder's internet connection, computer, or system, (iii) viruses or software malfunction, or (iv) otherwise. Auctioneer may, but will not be required to, continue, suspend, delay, extend, reschedule, or close the Auction because of disruptions caused by technology failures, even after bidding has commenced.
7. Failures by Online Auction Platform Provider and its Affiliates or Contractors. Auctioneer may use an Online Auction Platform Provider to facilitate the Auction. Under no circumstances will Auctioneer be liable for any failure of the Online Auction Platform Provider to perform all or any of its obligations, or for the failure of any affiliates, employees, agents, representatives, or contractors of the Online Auction Platform Provider to perform their obligations.
8. Auto Extend Feature. Any Online Bidding Period may include an auto extend feature. This means that, if an online bid is entered within a set time period approaching the end of the established Online Bidding Period, the Online Bidding Period will automatically be extended for an additional amount of time in increments established by Auctioneer, and will continue to be so extended until there is a set period of time that lapses during which no online bids are received, after which bidding will close.
9. Disclaimer. Auctioneer makes no representations or warranties, and disclaims any representations or warranties, (i) that the Online Auction Platform or any related website or technology will be uninterrupted, error free or virus free, (ii) as to the results that may be obtained by using the Online Auction Platform or any related website or technology, or (iii) as to the accuracy, completeness, reliability, security, or current nature of the Online Auction Platform or any related website technology.
10. Responsibility for Online Bids. If a Winning Bid is sent to Auctioneer from the computer of a Registered Bidder, and is, thereafter, confirmed by Seller, such Registered Bidder will be the Buyer.
11. No Reduction or Retraction of Online Bids. Online bids may not be reduced or retracted.
12. Competing Online and Onsite Bids. In the event of contemporaneously made online and onsite bids, Auctioneer will determine which bid is the successful bid, and may, in Auctioneer’s discretion, reopen the bidding.
13. Winning Bidders Subject to Certification by Auctioneer. The final determination of the Winning Bidder is subject to certification by Auctioneer; and any email or electronic message (whether generated manually or automatically) is subject to such certification.
Absentee Bids; Remote Bidding. In Auctioneer’s discretion, Auctioneer may receive Absentee Bids and/or bids tendered by remote Bidders (whether telephonically or otherwise). All prebids and maxbids placed online are considered absentee bids. Auctioneer pledges complete integrity in the treatment of absentee bids and absentee bids may be initiated and advanced in accordance with Auctioneer’s policies and procedures. Auctioneer has the right to initiate any absentee bids at 25% to 50% of their maximum amount. Auctioneer will make reasonable efforts to execute Absentee Bids, but Auctioneer will have no liability to any Absentee Bidder for the failure to execute any Absentee Bids for any reason whatsoever. Each Absentee Bidder acknowledges and agrees that Property may be sold to another Bidder for the maximum amount of the Absentee Bid based on a bidding sequence that causes another Bidder to reach such amount first. If the execution of an Absentee Bid at its maximum amount would require Auctioneer to accept a bid that is less than a full bidding increment, Auctioneer has the sole and absolute discretion to accept or reject such bid. An Absentee Bidder may provide instructions to the Auctioneer to advance the bid by one or more bidding increments after the maximum amount of the Absentee Bid is, or would be, reached. Auctioneer acts only as the agent of the Seller, and the receipt and/or execution of Absentee Bids will not create an agency relationship between Auctioneer and any Absentee Bidder.
Bid Increments. Bid increments are established and controlled by Auctioneer, and may be adjusted or modified in Auctioneer’s sole and absolute discretion.
Registered Bidders Responsible for Bids Placed on Bidder Number. Each Registered Bidder is responsible for the Bidder Number issued to such Registered Bidder. Auctioneer is not responsible for monitoring or policing the use of Bidder Numbers, and each Registered Bidder is responsible for all bids made on the Bidder Number issued to such Registered Bidder even if the Registered Bidder claims that the Bidder Number was lost, stolen, or misappropriated, unless notice of a lost, stolen, or misappropriated Bidder Number was provided to Auctioneer prior to an unauthorized bid being made. Absent a clerical error, Auctioneer’s recording of bids against a Bidder Number will be conclusive as to the making of such bid by, or on behalf of, the Registered Bidder.
Withdrawal of Property. Auctioneer has the absolute right to withdraw any Property from the Auction prior to the Fall of the Hammer, unless the Property is explicitly provided that the Property is being sold at an Absolute Auction.
Winning Bid; Buyer. Pursuant to these Bidder Terms, the Bidder making the Winning Bid for any Lot of Personal Property will be the Buyer of such Property.
All Property Sold “AS IS”, “WHERE IS”, and “WITH ALL FAULTS”. ALL PROPERTY IS BEING OFFERED AND SOLD IN ITS AS IS/WHERE IS CONDITION AT THE TIME OF THE AUCTION, WITH ALL FAULTS, INCLUDING ANY HIDDEN DEFECTS OF ANY NATURE. NEITHER AUCTIONEER NOR SELLER MAKES ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE NATURE, VALUE, SOURCE, AUTHENTICITY, FITNESS, MERCHANTABILITY, AND/OR ANY OTHER ASPECT OR CHARACTERISTICS OF SUCH PROPERTY. NO STATEMENT ANYWHERE, WHETHER EXPRESS OR IMPLIED, INCLUDING VERBAL STATEMENTS MADE BY AUCTIONEER, WILL BE DEEMED A WARRANTY OR REPRESENTATION BY AUCTIONEER OR SELLER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO WARRANTIES OF TITLE, NON-INFRINGEMENT, AUTHENTICITY, ORIGIN, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EACH BIDDER ACKNOWLEDGES AND AGREES THAT HE, SHE, OR IT CANNOT RELY, AND HAS NOT RELIED, ON ANY REPRESENTATION, WARRANTY, OR GUARANTY MADE BY THE SELLER OR ANYONE ACTING AS AGENT OF THE SELLER, ORALLY OR IN WRITING, ABOUT THE PROPERTY, OR ANY OF IT. BY BIDDING, EACH BIDDER ACKNOWLEDGES AND AGREES THAT SUCH BIDDER HAS HAD A FULL AND FAIR OPPORTUNITY TO INSPECT THE PROPERTY, AND IS RELYING SOLELY ON, OR HAS WAIVED, SUCH BIDDER’S INSPECTION AND INVESTIGATION (i) IN DETERMINING WHETHER TO BID, (ii) IN DETERMINING THE AMOUNT OF A BID, AND (iii) IN BIDDING.
Announcements. Subject to the limitation set forth in these Bidder Terms, all terms and conditions and other announcements made by Auctioneer on the day of the Auction are binding and take precedence over any advertisements or listings.
Bidder’s Inspection. By bidding, each Bidder acknowledges and agrees that such Bidder has had a full and fair opportunity to inspect the Property, and is relying solely on, or has waived, such Bidder’s inspection and investigation (i) in determining whether to bid, (ii) in determining the amount of a bid, and (iii) in bidding. Bidder accepts any and all risks associated with the purchase and/or use of the Property. Bidder agrees to defend, hold harmless, indemnify, and protect both Auctioneer and Seller from any all claims of injury arising out of or relating to the purchase or use of the Property.
Description of Property. Unless otherwise expressly stated otherwise in writing, any description of Property is based solely on visual impression, and is given solely for identification purposes, and does not create any warranty, expressed or implied, or representation by Auctioneer.
Contract of Sale for Personal Property. By operation of these Terms, no additional or further writing will be required to evidence the existence of a contract of sale for any Personal Property Knocked-Down at the Auction regardless of the Purchase Price, and these Bidder Terms, together with Auctioneer’s clerking sheets or other physical or digital notation identifying the Lot, the Hammer Price, and the Buyer, will be conclusive evidence as to the terms of the sale. These Bidder Terms will be incorporated into the contract between each Buyer and Seller.
Bidding by or on Behalf of Seller. At an Absolute Auction there is no Seller bidding. The Seller or anyone acting on the Seller’s behalf will not bid (directly or indirectly) on any Property put up at Absolute Auction. At a Reserve Auction, the Seller or anyone acting on the Seller’s behalf will not bid (directly or indirectly) on any Property put up at Reserve Auction, unless the Auctioneer announces and discloses that the Seller (or someone on behalf of the Seller) will be bidding at the Auction.
Conduct of the Auction. Auctioneer will regulate all matters relating to the conduct of the Auction and Auctioneer’s decisions will be final and binding. Auctioneer will have control over bidding, and Auctioneer will resolve any and all disputes. If (i) a bid is made while the hammer is falling in acceptance of a prior bid or while bidding is otherwise being terminated, or (ii) promptly after the Fall of the Hammer or other termination of the bidding Auctioneer is made aware of a bid that was unnoticed prior to the Fall of the Hammer or other termination of the bidding, and it is demonstrated to Auctioneer’s satisfaction that such bid was, in fact, timely made, or (iii) promptly after the Fall of the Hammer or other termination of the bidding Auctioneer is made aware that Auctioneer and a bid assistant or ringman, or multiple bid assistants or ringmen, have acknowledged bids in the same amount bid from different bidders, or (iv) some other bid dispute arises, Auctioneer may, in Auctioneer’s sole and absolute discretion, reopen the bidding (but will not be required to). Any contract formed with the Fall of the Hammer will be subject to the conditions set forth in this Section. If bidding is reopened pursuant to this Section, the bid recognized by Auctioneer prior to the reopening of the bidding will be held, and may not be retracted, and, if no further bids are received, such bid will be the Winning Bid.
Motor Vehicles and Equipment. Any and all motor vehicles and motorized equipment (including, without being limited to, automobiles, trucks, vans, recreational vehicles, motor cycles, motor scooters, tractors, earth moving equipment and other heavy equipment) must be paid in full prior to removal from the Auction Site; and, if any vehicles or equipment is paid for with a check, the vehicle or equipment will not be released unless and until the check clears the drawee bank and the funds have been received by Auctioneer.
All Sales Final. ALL SALES ARE FINAL. NO REFUNDS OR RETURNS.
Sales Tax. Subject to applicable exemptions, if any, each Buyer is responsible for the payment of sales tax for each Lot Knocked-Down at the Auction, which sales tax will be collected by Auctioneer at the time payment is made.
Payment. All Personal Property must be paid for in-full by onsite Buyers on the day of the Auction, at or before the conclusion of the Auction, and before any Property is removed from the Auction Site by or on behalf of the Buyer. Online purchases must be paid for within seven (7) days after the close of the Auction. Onsite purchases may be paid in cash or approved check, and, when authorized by the Seller and made available by Auctioneer, by credit card or debit card. If onsite bidders wish to send a wire, they must present a bank letter of credit (with limit stated equal to or higher than the amount owed by bidder) and wire must be sent no later than one business day after the auction. Online purchases must be paid by credit card or approved check; provided, however, that any online purchases in excess of Two Thousand Five Hundred Dollars ($2,500.00) must be paid by wire transfer or certified funds unless other arrangements are made with Auctioneer in Auctioneer’s sole and absolute discretion.
Pick-up and Removal; Shipping. Each Buyer is responsible for removal of Lots purchased at the Auction, including shipping to remote Buyers. Pick-up and removal dates and times will be as posted on Auctioneer’s website or announced at the Auction. Unless otherwise agreed, each Buyer is solely responsible for the disassembly, removal, shipping, and transportation of each Lot purchased by such Buyer. Tools, packing material, and/or assistance will not be supplied at Pickup, so Buyer must plan accordingly. Disassembly and removal shall be done in a quiet and workmanlike manner, and each Buyer, in making its bid, shall thereby indemnify and hold harmless both Auctioneer and Seller against any and all damage caused by the acts of the Buyer, or such Buyer’s employees, agents, representatives, or independent contractors in connection with the Pickup. Any and all damages to the Pickup site, including, without being limited to damages to land or buildings, caused by a Buyer or by an employee, agent, representative, or independent contractor of a Buyer, will be repaired by, or at the expense of, such Buyer to the satisfaction of Auctioneer and Seller. Each Buyer must show a copy of the invoice (digital or hard copy) and government-issued photo identification before Lots will be released. No Buyer shall bring pets or young children to the Pickup, as the movement of Lots presents an extremely high-risk environment that could result in injury or death.
Abandoned Items. Any Lots not paid in full, not picked up and removed in the time provided (but, under any circumstances, within thirty (30) days after the Auction), or for which payment has not cleared (within five (5) days after the Auction), will be considered abandoned and may be offered for sale at a later auction or subject to other disposition. Such abandonment does not, however, relieve the Buyer or the Buyer’s obligation to make payment in full. Any payments made by or on behalf of a Buyer are non-refundable, and Buyers will remain responsible for the full purchase price of all Lots sold to them. In addition, Buyer’s bidding privileges may be suspended at future auctions.
Returned Checks. Any checks that are returned unpaid will be subject to a returned check fee in the amount of Fifty and 00/100 Dollars ($50.00). In addition to the foregoing, Auctioneer will be entitled to recover, from the issuer of a returned check, all costs and expenses, including attorneys’ fees, for the collection of payment made in the form of a check that has been returned unpaid.
No Stop Payment Orders or Credit Card Chargebacks. Each Bidder agrees that such Bidder will not, under any circumstances, (i) issue a stop payment order with respect to any checks issued at or in connection with the Auction, or (ii) initiate a credit card chargeback with respect to any purchases at the Auction. Each Bidder further agrees that if, in violation of these Terms, a stop payment order is issued or a credit card chargeback is initiated, these Terms will be conclusive evidence of the Bidder’s (i) waiver of any rights to issue a stop payment order or to initiate a credit card chargeback, and (ii) agreement not to issue a stop payment order or to initiate a credit card chargeback; and each Bidder acknowledges and agrees that on Auctioneer’s presentation of these Terms to the bank, credit card company, or other financial institution against which a check was drawn or that issued the credit card on which charges were made, such bank, credit card company, or other financial institution will reverse any stop-payment order and/or deny any credit card chargeback, and will re-credit all amounts to or for the account of Auctioneer. If, in violation of these Terms, a Bidder issues a stop payment order or initiates a credit card chargeback, such Bidder, even if successful, will remain liable for all purchases made at the Auction, and will be responsible for all costs and expenses, including attorneys’ fees, incurred by or on behalf of Auctioneer and/or Seller in challenging the stop payment order or credit card chargeback and in collecting payment. Each Bidder acknowledges and agrees that the covenant not to issue a stop payment order or to initiate a credit card chargeback is a condition to the issuance of a Bidder Number to such Bidder, and is being made as an inducement for Auctioneer to accept such Bidder’s Bidder Registration and to issue a Bidder Number. Each Bidder acknowledges and agrees that Auctioneer is relying on the covenant not to issue a stop payment order or to initiate a credit card chargeback in accepting such Bidder’s Bidder Registration and in issuing a Bidder Number.
Claims. With respect to Lots removed from the Auction Site by or on behalf of a Buyer, no claims or returns will be allowed and no claim will be allowed for adjustments or rescission of any sales based on the failure of a Lot to correspond with any standard and/or expectation of the Buyer.
Risk of Loss for Personal Property. Risk of loss with respect to Personal Property passes to the Buyer with the Fall of the Hammer. Neither Auctioneer nor Seller will be liable for any loss or damage to a Lot after such Lot is sold at the Auction, other than as may be directly and solely caused Auctioneer’s negligence, gross negligence, or intentional misconduct in handling and safeguarding the Lot while in Auctioneer’s sole and exclusive possession.
Buyer’s Remedies; Bidders/Buyers Not Entitled to Incidental or Consequential Damages. To the extent that any Bidder or Buyer may be entitled to damages or remedies, the sole and exclusive remedy available to Bidders and Buyers is a return of the Purchase Price actually paid. Under no circumstances will Auctioneer or the Seller be liable for incidental or consequential damages, including, without being limited to lost profits or reduced productivity. Each Bidder acknowledges and agrees that no Bidder or Buyer is entitled to specific performance or other equitable relief.
Seller’s Remedies. If any Buyer breached such Buyer’s obligations under these Terms or under a sale contract with the Seller of Property sold at the Auction, in addition to all other legal and equitable remedies, such property may be resold and the breaching Buyer will be responsible for any and all damages, including any deficiency or reduction in the Purchase Price, along with incidental damages.
Indemnification. Each Bidder agrees to indemnify, defend, and hold Auctioneer and Seller harmless from any current or future claim regarding the Auction or the Property, including, without being limited to, fitness, use, damage, safety, or injuries to persons or property.
Private Sale. No Participant or Registered Bidder may offer to enter into a Private Sale for the purchase of any of the Property prior to, during, or after the Auction. If any of the Property is not Knocked Down at the Auction and Bidder enters into an agreement to buy (i) any of the Personal Property from the Seller within ten (10) days after the Auction, and/or (ii) any of the Real Property within ninety (90) days after the Auction, Bidder shall pay to Auctioneer an amount equal to Auctioneer’s full commission and Buyer’s Premium.
Waiver. Certain provisions of these Bidder Terms are for the exclusive benefit of Auctioneer and/or Seller(s). Such provisions, including, without being limited to, Bidder registration and qualification requirements, deposit and payment terms (including the method, form, and timing of payment), removal and delivery terms, and Property inspection terms), do not create, and will not be deemed to create, any benefits or rights in favor of any other persons, including competing Bidders, and may not be enforced by any other persons. Either globally or on a case by case basis Auctioneer and/or Seller may (but will not be required to) waive any provisions of these Terms that are intended for the benefit of Auctioneer and/or Seller.
Compliance with the Law. Bidder shall not engage in any illegal conduct on the Auction Site and shall comply with all federal, state, and local laws. Bid pooling occurs when Bidders collude to regulate, and artificially suppress, bidding in an effort to reduce the Hammer Price. Anyone participating in bid pooling will be removed from the Auction Site and referred for prosecution. Theft is a serious offense, and, if discovered, will be prosecuted to the fullest extent of the law. Instances of theft will result in immediate termination of bidding and removal from the Auction Site.
Governing Law; Jurisdiction; Venue; Waiver of Jury Trial. These Bidder Terms will be governed by and construed in accordance with the laws of the State of Indiana, including its statutes of limitations, but without regard to its rules governing conflict of laws. All claims, disputes, and other matters between the parties will be brought in the state or federal courts sitting in and for Elkhart County, Indiana,, which courts will have exclusive jurisdiction, and will be the exclusive venue, for any and all such claims, disputes, and other matters. By submitting a Bidder Registration and accepting a Bidder Number each Registered Bidder irrevocably and unconditionally (i) agrees that any claim or suit relating to these Bidder Terms, or the transactions contemplated hereby, will be brought in the state or federal courts sitting in and for Elkhart County, Indiana,; (ii) consents to the jurisdiction of such courts for any such claim, suit or cause of action; (iii) waives any objection that such party may have to the laying of venue of any such claim, suit or cause of action in such courts; and (iv) waives any objection to the bringing of such claim, suit or cause of action in such courts on the grounds of forum non conveniens. Each Bidder, Buyer, and other Participants waive the right to a jury trial.
Attorneys’ Fees. If any Participant breaches such Participant’s obligations under these Terms, Auctioneer and/or Seller will be entitled to recover all costs and expenses, including attorneys’ fees incurred in enforcing their rights.

Listing Details
Complete liquidation of AJ Wood Products including, Mellott debarker, HMC circle mill, Wood-Mizer edger, Baker resaw w/ return, Morbark chipper, Detroit genset, Komatsu wheel loader, van trailers, office buildings and more. Accepting consignments! 00 Information Lot Free loading for smalls and uninstalled equipment will be available day of auction, and the two days following (Thursday and Friday) After that it will be by appointment only. Contact Tenex Industrial LLC for your rigging and loading needs Joe Fisher 717-314-7317 joe@tenexindustrial.com Buyers have 30 days to remove equipment. 2 Key set 3 Banding tool 4 Milwaukee Impact 1/2'' impact with high output battery 5 Milwaukee Grease Gun with battery 7 6 DeWalt Circular Saw 7 3/4'' blade 8 Tool Box & 3/4'' Drive Socket Set tool box with tools, all contents, 3/4'' drive socket set 9 Banding Tools 2 tighteners, 1 crimper, box with clips 10 Mellot No. 200 Debarker SN: 89200200, type 10, 30 HP electric motor on head, hydraulic drive on bull wheels, 14' outside to outside, bearings show some wear, air log kicker, 54" x 54" operator cab with all controls 11 Barn Sweep Bark Conveyor 44" x 25' flat section, 44" x 25' elevated section, electric drive, in good condition 12 4 Strand Log Deck with Stop-N-Load 12' x 18' tulsa winch drive with hydraulic motor, includes support posts to ground 13 HMC 4 Head Block Carriage 1st lot of entirety. MN: AC40BD, SN: 567 94, 15' L x 79" W, 5 axles, Silvatech set works, electric drive, air dogs, tong dog, includes electrical control box 14 Track and Frame Part of an entirety. 45" center-center x 50' long 15 HMC Carriage Drive and Feed Part of an entirety. Model: HD 42, SN: HD4225779, hydraulic motor, cable drum and cable, feed runs off mandrel shaft 16 HMC Husk Part of an entirety. 56" blade, includes saw wrench, 70" x 90" overall, 18" x 64" off bear belt 17 IPS Electric Motor Part of an entirety. 150 HP, 1735 RPM, frame 444T 17A Ben Shaw Starter (part of an entirety) 150 hp electric motor soft start 17B Soft Start (part of an entirety) 18 HMC Operator Cab Part of an entirety. 4' x 4', AC unit 19 HMC Entirety Lots 13 - 18 With a 10% raise 20 Lumber Line Laser Light Model: LL-2, SN: 3837, 120 V, in good condition 21 Mellot Log Turner 42" chain type, hydraulic drive, in good condition 22 3 Strand Log Deck 10' x 25' long x 52" nose skid, electric drive, with stop-n-load 23 24" Dust Blower 10" Inlet 8" outlet, electric drive 24 Metal Dust Pipe 10" x 6', 8" x 40', includes elbows 25 Slab Drop 25" x 12', 18" belt, hydraulic lift cylinder, electric drive 26 Mellot Vibrating Conveyor electric drive, 26" x 60' long, 19" pan, 4" sides, chipper adapter, screen section shows wear, otherwise in good condition 27 Mellot Roll Case 30" x 18', 6 1/2" x 24" spiral rolls, no drive 28 Mellot Roll Case 30" x 18', 6 1/2" x 24" smooth rolls, electric drive 29 Spiral Roll Case 24" x 17', 9" x 19 1/2" rolls, no drive 30 Wood-Mizer EG400 Edger SN: EG400EC30D1205140191A4.00, Model: EG400, 30 HP electric motor, 2 moving saws, 16" blades with insert tooth, 41" x 8' in feed table, 39" x 12' outfeed table, with control box, preset board width, 4" x 36" board capacity, laser light system, outfeed table has power roller for belt. This is a very nice edger! 31 3 Strand Transfer Chains 66" long, electric drive, strands only, no supports 32 Dust Blower 36" Blower, 15 HP Electric Motor, 18" inlet, 12" outlet 33 Metal Dust Pipes All pipes to and from blower, 12" x 60' with elbow, 8" x 12', 12" x 50' 34 Skate Rolls 3 pc. 21" x 9' 35 Skate Roll Table 5' x 7' 36 Skate Roll Table 5' x 8' 37 Baker Single Head Band Resaw 30 HP electric motor, 7/8" x 28" wheels, 1 1/4" band, 12" x 14' feed and return belt hydraulic powered, live press down roll 38 Cat Claw Band Sharpener used to sharpen 1 1/4" bands, electric drive 39A Smart Set Deluxe Setworks LCD display, includes cables, can be used on most bandsaw mills, made in the USA 39 Accu Trac Single Head Bandsaw 26" x 1 1/2" wheels, 1 1/2 bands, 12" x 9' hydraulic drive, feed belt, 2 live press down rolls, chain head lift hydraulic drive, 20 HP electric 40 3 Strand Green Chain 116" x 45', hydraulic drive 41 Hydraulic Unit 10 HP electric, used to run green chain 42 Lumber Cart 42" x 72" wood frame, swivel wheel on one end 43 Lumber Cart 42" x 72" wood frame, swivel wheel on one end 44 Lumber Cart 42" x 72" wood frame, swivel wheel on one end 45 Lumber Cart 42" x 72" wood frame, swivel wheel on one end 46 Lumber Cart 42" x 72" wood frame, swivel wheel on one end 47 Steel Lumber Carts 42" x 6', steel wheels, one end swivels 48 Steel Lumber Carts 42" x 6', steel wheels, one end swivels 49 Steel Lumber Carts 42" x 6', steel wheels, one end swivels 50 Steel Lumber Carts 42" x 6', steel wheels, one end swivels 51 Lumber Carts (3) 42" x 7' steel frame, polly wheels 52 Saw Blade 56" F-style, damaged 53 Saw Blade 56" F-style, good condition 54 Saw Blade 56" F-style, good condition 55 Saw Blade 56" F-style, slight damage 56 Morbark Chipper (1st lot of entirety) SN: 1063, Model: 48, 6 knife, in good condition, drive sells seperate 57 Reliance Electric Motor (part of an entirety) 125 HP, 1775 RPM, 405T frame 57A Starter Box (part of an entirety) Snyder Soft Start for chipper motor plus various smaller starters 58 Precision Shaker and Cyclone (part of an entirety) SN: S-1515, Model: 5x5, electric drive, includes pipe to chipper 59 Phelps Chip Blower (part of an entirety) 24", 20 HP electric motor, dual loading chutes 57B Snyder Soft Start (part of an entirety) 60 Morbark Chipper and Shaker Screen Entirety Lots # 56-59 With a 10% raise 60A Chipper Knives & Set Gauge 14 3/4'', 4 pc. counter knives, New Simonds, approx. 60 pc., some good & some in rough condition 61 Dixie MFG 70" Dust Blower 28" inlet, 24" outlet, 30 HP electric motor, includes pipe to and from blower 62 Steel Blower Pipe and Fittings assorted sized from 6' x 14" 63 Ingersoll Rand Air Compressor Model: TS5, 5 HP electric, 1 PH motor, compressor mounted on 80 gallon vertical tank, includes wire to breaker box, in good condition 64 Atlas Copco Screw Type Air Compressor SN: ATA0146900, approx. 15000 hours, compressor works good but controls have electrical issues, works good if controls are bypassed 65 Hydraulic Pak 30 HP electric motor with double pump direct mounter, 60" x 27" x 16" tank, lots of electric control valves, oil cooler, electric control box 66 Tyrone Berry Hydraulic Pak SN: 42724, Model: SMA-214, electric motor 15 HP 67 AJAX Electric Motor manual starter 68 Magna One Diesel Genset 670 KW SN: LK-94463-2, Model: 682FDR8076GG-P612, Frame number: 682, meter reads 1120 hours, 3PH, 1800 RPM, Dyna-Gen control box, Synchronous AC generator, powered by Detroit diesel Model: 8163705, Unit number: 16VF005424, needs new alternator, runs good 68A Breaker Box wires going to genset, 3 phase wires, 40' heavy wires 69 Fuel Tank 500 gallon includes hand pump 70 Fuel Tank 500 gallon 71 2016 Bobcat T770 Skid Steer Pin # AT63129383 Pilot joystick controls, cab has heat and ac, front door is missing, sells with bucket, 2490 hrs.good condition, Code to start is 12525, def needs repaired 75 Komatsu WA250 Wheel Loader SN A65768-12887, Model WA250-1, Year 1995, 12,887 hours, 3rd valve hydraulic, with Rockland grapple forks, SN N10590, cab has heat, Cummins 5.9L engine, SN 60251755, good running loader. THIS LOADER WILL BE RESERVED TILL FRIDAY NIGHT FOR LOADOUT 75B Cat IT28G Wheel Loader Cat turbo engine, manual quick attach, leaks hydraulic oil, runs & operates, has 3rd valve, hours unknown, has cracked glass, interior is in rough condition, 20'' center to center of quick attach hooks. DOES NOT INCLUDE FORKS 76 John Deere 544A Wheel Loader SN: 1497271, Model: 544A, hours unknown, manual Joystick boom control, runs & operates 76A Pemberton Inc. Loader bucket 98'' x 48'' x 44'' slip on bucket 77 Loader Bucket dirt bucket, fits John Deere 544AA, 90" x 40", 30 1/2" between mounting brackets 77B Loader Bucket dirt bucket, fits Cat wheel loader, 100'' wide, 20'' center to center of quick attach hooks. 77C Forks with Log Clamp Manual quick attach, was used on the Cat IT28 loader, 20'' center to center of quick attach hooks. 79 Clark Forklift* Meter reads 1968 hours, 3 stage mast, 5000 lb. lift capacity, LP (no tank) did run but has sat for awhile 80 1990 Great Dane Super Slide Van Trailer VIN: 1GRAA902XL5016101, 96" x 45', has side door 85 2015 Pitts Trailer VIN #: 5JYLT4226FP150948 Features and Notes:40' long, 80,000 lb. GVW, 6 bunks, 91'' inside. LT40-L trailer. Has title 86 2017 Kauffman Log Trailer VIN 1K9LT4227HB367012, 42' long, 6 bunks, 91'' inside, 90,000 lb. GVW, has title 87 Concrete Blocks 2' x 2' x 6', approx. 40 pieces 88 Storage Building 14' x 20' with 76" sides, metal exterior, 5 windows, 1 man door, insulated, metal ceiling and end walls, wood on sides, on skids, in good condition 89 Storage Building 10' x 16' with 76" sides, 2 windows, wood siding, double doors, on skids, in good condition 89A John Deere Powerunit w/ Clutch* Model 4039DF, serial # CD4039D176266, runs but needs new head gasket 89B Crescent Machine Co. Bandsaw* 90 4 Strand Transfer Deck 10' to split with roller chain, 80" with no chain, log stops, used for resaw runaround 91 Roll case 28" x 22', 9" x 19 1/2" rolls, no drive 92 Roll case 28" x 17', 9" x 19 1/2" rolls, no drive 92A Roll case 26' x 20',9'' x 191/2'' rolls,hyd.drive,board kickers 93 Roll case 28" x 10', 9" x 19 1/2" rolls, electric drive 94 Dust Blower 44" no motor, 17" inlet, 12" x 12" outlet 95 Edmiston 36" Edger with Gas Motor 1 moving and 2 stationary saws, hydraulic saw movement, 7' infeed table, 6 outfeed table, 16" inserted tooth blades, Predator 670cc gas engine, Vtwin electric start 96 HMC 4 Headblock 40" Carriage (1st lot of entirety) SN: 504-91, Model: AC 40 panagraph arms, air dogs, tong dog, electric setworks drive 97 Track and Frame (part of an entirety) 40"center to center x 50', bottom support frame does not sell 98 Operator Cab (part of an entirety) 5' x 6', glass is broken, control boxes and all controls 99 Tyrone Berry Carriage Feed and Drive (part of an entirety) Model: SMA215-E, no motor on feed, hydraulic motor on drive 100 HMC Husk Frame (part of an entirety) 64" x 112" 101 Marathon Electric Motor (part of an entirety) 125 HP, frame 4456, 1780 RPM, condition unknown 105 Roll case 26" x 20', 9" x 19 1/2" rolls, hydraulic drive, board kickers 102 HMC Mill Entirety Lots# 96-101 With a 10% raise 103 2 Blade Trim Saw 2 moving saws, 18" blades, 18' long capacity, hydraulic feed and saw movement, electric motors on saws 104 HMC Debarker SN: V629, Model: 208, parts machine 105 HMC 4 Head Block Carriage Model AC40BC, SN 565-94, air dogs, tong dog, panagraph, 5 axle, electric setworks drive, normal wear for age. First Lot of an Entirety 105A Carriage Track & Frame 45'' center to center x 56', 20'' idler pulley with air bag stops. Part of an entirety 105B Carriage Drive Model DC40, SN 11794, gear box with cable drum, no motor, frame mount needs to be cut from track. Part of an entirety 105C Mellot Operator Cab 54'' x 78'' x 87'' high, control box, glass is cracked, does not include Silvatech box. Part of an entirety. 105D Silvatech Setworks & Controls turner controls, carriage drive control, includes box in cab. Part of an entirety 105E HMC Log Turner chain type. Part of an entirety 105F HMC Carriage Entirety Lot 105-105E Entirety lot for lots 105,105A, 105B, 105C, 105D, 105E with 10% Raise 106 3 Strand Log Deck with Stop & Load 9' x 14', Tulsa winch drive with hydraulic motor 107 Mellot Vibrating Conveyor Sections 25 1/2" x 8' with screen, 9' bottom section 108 Tub Grinder 4 blade knife sharpener, in rough condition 109 MDIXR 3,000 Metal Detector 25 1/2" x 5' fiberglass section, with control box 110 2 Lumber Carts 42" x 6', steel poly wheels 111 Wooden Spool with misc. tools on top 112 Welding Leads 130' leads 113 Pallet Lot sprockets, pulleys, roller chains, 41" x 46" metal screen 114 Skid electric motors, hoses, bolts 115 Skid Firman gen. 1050 W, hydraulic motors, chain hoist, come along 116 Skid 4 gear boxes 117 Skid of Rollcase Parts cylinder, gear box 118 Skid 2 mufflers, exhaust pipe 119 Breaker Panel with five breakers 120 Tool Lot screw drivers, sockets, wrenches, pliers, punches, pry bars, Allen wrenches 121 Box Lot 3 split sprockets 12" OD, 2 solid sprockets 11" OD 122 Deck Chain New H78B rooftop chain, 7 pc.-10' long each 123 Indec Electric Motor New! Model GF04, 5 hp, 1760 RPM 124 Bearings New Timken TRB-2 15/16'', New Flange bearings-1 7/16'', New Pillow block-1 1/2'' 125 Gas Jugs & Bucket Oil 2-5 gallon jugs, 2-2 gallon jugs, 5 gallon bucket of hydraulic fluid, approx. 4 gallons oil 126 Hand Tools & Parts all tools & parts on top of workbench, lots of sockets & screwdrivers 127 Conduit & Pipes SCH40 conduit, steel strut, steel pipe hydraulic lines, Flex conduit 128 V-Belts some are new, assorted sizes 129 3/4'' Air Hose 1 pc. 1/4'' air hose, swivel lock fittings, 2 pc. hose 130 Electric Extension Cords 3 pieces, 1 pc. has no ends 131 Water Hose 5/8'' 132 Carriage Parts 3 pc.. temposonics rods, hydraulic valve, block with valve 133 Milwaukee Jockey Grinder 2 saw wrenches, swage 134 Wrench Set open end wrenches, assorted sizes, up to 2'' 135 Tank Mount Propane Heaters 2 heaters 136 Automotive Floor Jack light aluminum, works 137 Broom, Shovel, Hoe, & Cant Hook 138 Grading Stick & Tools 2 boxes of ear plugs, clamp, grading stick & marker, pop rivet tool 139 1 Ton Chain hoist, chain boomer 140 Leather Aprons have a nylon belt 141 Werner 6' Stepladder 142 Louisville Extension Ladder 24'

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AJ Wood Products

Live Auction

View Gallery (141)

Auction Date(s)

Wednesday Mar 15, 2023 Completed

Auction Location

Ebensburg, PA 15931

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Company

Bright Star Realty and Auctions, INC

Contact: Loren Beachy
Phone: 574-825-0704
Website: brightstarauctions.com

Listing Terms and Conditions

Auctions Conducted Under These Terms. The Auction is conducted under and in accordance with these Terms, the Terms posted on Auctioneer’s website, applicable law, and any announcements or corrections made by Auctioneer during the Auction. By participating in the Auction, whether at the auction site, online, telephonically, or through any other means (including Absentee Bid), Bidder agrees to be bound by, and to abide by, these Terms.
Auctioneer’s Licensing and Bonding. Auctioneer is licensed and bonded where required.
Definitions. The following definitions apply to these Bidder Terms for each auction conducted by Auctioneer:

Bidder Registration. All persons desiring to bid at the Auction, must register to bid and be issued a Bidder Number. In order to register to bid, each potential Bidder must provide such information (including identifying information and qualifications) as requested by Auctioneer. Auctioneer may refuse to accept a Bidder Registration from any potential Bidder, may refuse to issue a Bidder Number to any potential Bidder, and, if a Registered Bidder breaches any Bidder Terms or engages in improper conduct, Auctioneer may revoke any Bidder Number. By registering to bid at the Auction, each Registered Bidder acknowledges and agrees that such Registered Bidder has read, understands, and agrees to be bound by, these Bidder Terms. In Auctioneer’s discretion, bids may be received from a person who has not registered to bid, and by placing a bid accepted by Auctioneer such unregistered Bidder will be bound by these Bidder Terms and will immediately complete a Bidder Registration.
Governing Law.
1. For Auctions in the State of Indiana and Online. Unless otherwise indicated, all Property is offered for sale in the State of Indiana, and will be sold in the State of Indiana. Notwithstanding the physical location of the Bidder or any Participant, these Terms are deemed to be entered into in the State of Indiana, all bids and payments are deemed to be received in the State of Indiana, and the contract, if any, will be deemed to be formed and entered into in the State of Indiana.
Buyer's Premium. All Property offered at the Auction is subject to a Buyer’s Premium, which will be paid by the Buyer to Auctioneer for Auctioneer's own account. The Buyer's Premium will be calculated as a percentage of the Hammer Price, and will be added to the Hammer Price to determine the final Purchase Price. Buyer agrees to pay the Winning Bid plus the applicable Buyer’s Premium.
Access to Auction Site. Participants assume all risks associated with their presence at the Auction Site or their access to the online bidding platform utilized by Auctioneer. Any person may be denied access to the Auction, the Auction Site, and the online bidding platform utilized by Auctioneer, and may be removed at Auctioneer’s discretion.
Nature of the Auction. This Property is being sold at the Auction in the manner indicated on the first page of this Agreement.
Bidding. Registered Bidders may only bid at the Auction by agreeing to be bound by these Bidder Terms. By bidding, each Registered Bidder acknowledges and agrees that such Registered Bidder has had a full and fair opportunity to read, and understands, these Bidder Terms, and affirms that such Registered Bidder is subject to and bound by these Bidder Terms.
No Bid Retraction. Bidder may not retract a bid that has been acknowledged by Auctioneer or that has been submitted online. Bidder acknowledges and agrees that Auctioneer is acting in reliance on tendered bids in the conduct of the Auction, and that bid retraction is disruptive and interferes with the Auction, and that, as an inducement for Auctioneer to accept such Bidder’s Bidder Registration and for such Bidder to bid at the Auction, Bidder agrees not to withdraw or to attempt to withdraw any tendered bid that has been acknowledged by Auctioneer.
Online Auction. The following terms and conditions apply if the Auction is conducted, in whole or in part, online:
1. Online Bidding Registration. Anyone desiring to bid online, or to establish the possibility of bidding online, will be required to create an online bidding account by completing all necessary forms and providing required information.
2. Bidder Terms and Conditions; Notices and Announcements. The Auction will be conducted in accordance with Auctioneer's Terms and any notices or announcements by Auctioneer and/or posted on Auctioneer's website.
3. Posted Times. All times are based on the Eastern Standard Time zone unless stated otherwise. Posted closing times and time displays are approximate. Auctioneer reserves the right to close early or extend the Auction at any time at Auctioneer’s sole and absolute discretion.
4. Online Bidding Increments. Auctioneer may establish bid increments, and may modify or change bid increments, in Auctioneer's sole and absolute discretion.
5. Records of Online Activity. Absent clerical errors, Auctioneer’s records will be deemed final and conclusive.
6. Technology Disruptions. Auctioneer will not be responsible for technology disruptions, errors, or failures (including disruptions to bidding or the failure to execute, recognize, or record online bids), whether caused by (i) loss of connectivity, breakdown, disruption, or failure of the Online Auction Platform, (ii) breakdown, disruption, or failure of a Bidder's internet connection, computer, or system, (iii) viruses or software malfunction, or (iv) otherwise. Auctioneer may, but will not be required to, continue, suspend, delay, extend, reschedule, or close the Auction because of disruptions caused by technology failures, even after bidding has commenced.
7. Failures by Online Auction Platform Provider and its Affiliates or Contractors. Auctioneer may use an Online Auction Platform Provider to facilitate the Auction. Under no circumstances will Auctioneer be liable for any failure of the Online Auction Platform Provider to perform all or any of its obligations, or for the failure of any affiliates, employees, agents, representatives, or contractors of the Online Auction Platform Provider to perform their obligations.
8. Auto Extend Feature. Any Online Bidding Period may include an auto extend feature. This means that, if an online bid is entered within a set time period approaching the end of the established Online Bidding Period, the Online Bidding Period will automatically be extended for an additional amount of time in increments established by Auctioneer, and will continue to be so extended until there is a set period of time that lapses during which no online bids are received, after which bidding will close.
9. Disclaimer. Auctioneer makes no representations or warranties, and disclaims any representations or warranties, (i) that the Online Auction Platform or any related website or technology will be uninterrupted, error free or virus free, (ii) as to the results that may be obtained by using the Online Auction Platform or any related website or technology, or (iii) as to the accuracy, completeness, reliability, security, or current nature of the Online Auction Platform or any related website technology.
10. Responsibility for Online Bids. If a Winning Bid is sent to Auctioneer from the computer of a Registered Bidder, and is, thereafter, confirmed by Seller, such Registered Bidder will be the Buyer.
11. No Reduction or Retraction of Online Bids. Online bids may not be reduced or retracted.
12. Competing Online and Onsite Bids. In the event of contemporaneously made online and onsite bids, Auctioneer will determine which bid is the successful bid, and may, in Auctioneer’s discretion, reopen the bidding.
13. Winning Bidders Subject to Certification by Auctioneer. The final determination of the Winning Bidder is subject to certification by Auctioneer; and any email or electronic message (whether generated manually or automatically) is subject to such certification.
Absentee Bids; Remote Bidding. In Auctioneer’s discretion, Auctioneer may receive Absentee Bids and/or bids tendered by remote Bidders (whether telephonically or otherwise). All prebids and maxbids placed online are considered absentee bids. Auctioneer pledges complete integrity in the treatment of absentee bids and absentee bids may be initiated and advanced in accordance with Auctioneer’s policies and procedures. Auctioneer has the right to initiate any absentee bids at 25% to 50% of their maximum amount. Auctioneer will make reasonable efforts to execute Absentee Bids, but Auctioneer will have no liability to any Absentee Bidder for the failure to execute any Absentee Bids for any reason whatsoever. Each Absentee Bidder acknowledges and agrees that Property may be sold to another Bidder for the maximum amount of the Absentee Bid based on a bidding sequence that causes another Bidder to reach such amount first. If the execution of an Absentee Bid at its maximum amount would require Auctioneer to accept a bid that is less than a full bidding increment, Auctioneer has the sole and absolute discretion to accept or reject such bid. An Absentee Bidder may provide instructions to the Auctioneer to advance the bid by one or more bidding increments after the maximum amount of the Absentee Bid is, or would be, reached. Auctioneer acts only as the agent of the Seller, and the receipt and/or execution of Absentee Bids will not create an agency relationship between Auctioneer and any Absentee Bidder.
Bid Increments. Bid increments are established and controlled by Auctioneer, and may be adjusted or modified in Auctioneer’s sole and absolute discretion.
Registered Bidders Responsible for Bids Placed on Bidder Number. Each Registered Bidder is responsible for the Bidder Number issued to such Registered Bidder. Auctioneer is not responsible for monitoring or policing the use of Bidder Numbers, and each Registered Bidder is responsible for all bids made on the Bidder Number issued to such Registered Bidder even if the Registered Bidder claims that the Bidder Number was lost, stolen, or misappropriated, unless notice of a lost, stolen, or misappropriated Bidder Number was provided to Auctioneer prior to an unauthorized bid being made. Absent a clerical error, Auctioneer’s recording of bids against a Bidder Number will be conclusive as to the making of such bid by, or on behalf of, the Registered Bidder.
Withdrawal of Property. Auctioneer has the absolute right to withdraw any Property from the Auction prior to the Fall of the Hammer, unless the Property is explicitly provided that the Property is being sold at an Absolute Auction.
Winning Bid; Buyer. Pursuant to these Bidder Terms, the Bidder making the Winning Bid for any Lot of Personal Property will be the Buyer of such Property.
All Property Sold “AS IS”, “WHERE IS”, and “WITH ALL FAULTS”. ALL PROPERTY IS BEING OFFERED AND SOLD IN ITS AS IS/WHERE IS CONDITION AT THE TIME OF THE AUCTION, WITH ALL FAULTS, INCLUDING ANY HIDDEN DEFECTS OF ANY NATURE. NEITHER AUCTIONEER NOR SELLER MAKES ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE NATURE, VALUE, SOURCE, AUTHENTICITY, FITNESS, MERCHANTABILITY, AND/OR ANY OTHER ASPECT OR CHARACTERISTICS OF SUCH PROPERTY. NO STATEMENT ANYWHERE, WHETHER EXPRESS OR IMPLIED, INCLUDING VERBAL STATEMENTS MADE BY AUCTIONEER, WILL BE DEEMED A WARRANTY OR REPRESENTATION BY AUCTIONEER OR SELLER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO WARRANTIES OF TITLE, NON-INFRINGEMENT, AUTHENTICITY, ORIGIN, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EACH BIDDER ACKNOWLEDGES AND AGREES THAT HE, SHE, OR IT CANNOT RELY, AND HAS NOT RELIED, ON ANY REPRESENTATION, WARRANTY, OR GUARANTY MADE BY THE SELLER OR ANYONE ACTING AS AGENT OF THE SELLER, ORALLY OR IN WRITING, ABOUT THE PROPERTY, OR ANY OF IT. BY BIDDING, EACH BIDDER ACKNOWLEDGES AND AGREES THAT SUCH BIDDER HAS HAD A FULL AND FAIR OPPORTUNITY TO INSPECT THE PROPERTY, AND IS RELYING SOLELY ON, OR HAS WAIVED, SUCH BIDDER’S INSPECTION AND INVESTIGATION (i) IN DETERMINING WHETHER TO BID, (ii) IN DETERMINING THE AMOUNT OF A BID, AND (iii) IN BIDDING.
Announcements. Subject to the limitation set forth in these Bidder Terms, all terms and conditions and other announcements made by Auctioneer on the day of the Auction are binding and take precedence over any advertisements or listings.
Bidder’s Inspection. By bidding, each Bidder acknowledges and agrees that such Bidder has had a full and fair opportunity to inspect the Property, and is relying solely on, or has waived, such Bidder’s inspection and investigation (i) in determining whether to bid, (ii) in determining the amount of a bid, and (iii) in bidding. Bidder accepts any and all risks associated with the purchase and/or use of the Property. Bidder agrees to defend, hold harmless, indemnify, and protect both Auctioneer and Seller from any all claims of injury arising out of or relating to the purchase or use of the Property.
Description of Property. Unless otherwise expressly stated otherwise in writing, any description of Property is based solely on visual impression, and is given solely for identification purposes, and does not create any warranty, expressed or implied, or representation by Auctioneer.
Contract of Sale for Personal Property. By operation of these Terms, no additional or further writing will be required to evidence the existence of a contract of sale for any Personal Property Knocked-Down at the Auction regardless of the Purchase Price, and these Bidder Terms, together with Auctioneer’s clerking sheets or other physical or digital notation identifying the Lot, the Hammer Price, and the Buyer, will be conclusive evidence as to the terms of the sale. These Bidder Terms will be incorporated into the contract between each Buyer and Seller.
Bidding by or on Behalf of Seller. At an Absolute Auction there is no Seller bidding. The Seller or anyone acting on the Seller’s behalf will not bid (directly or indirectly) on any Property put up at Absolute Auction. At a Reserve Auction, the Seller or anyone acting on the Seller’s behalf will not bid (directly or indirectly) on any Property put up at Reserve Auction, unless the Auctioneer announces and discloses that the Seller (or someone on behalf of the Seller) will be bidding at the Auction.
Conduct of the Auction. Auctioneer will regulate all matters relating to the conduct of the Auction and Auctioneer’s decisions will be final and binding. Auctioneer will have control over bidding, and Auctioneer will resolve any and all disputes. If (i) a bid is made while the hammer is falling in acceptance of a prior bid or while bidding is otherwise being terminated, or (ii) promptly after the Fall of the Hammer or other termination of the bidding Auctioneer is made aware of a bid that was unnoticed prior to the Fall of the Hammer or other termination of the bidding, and it is demonstrated to Auctioneer’s satisfaction that such bid was, in fact, timely made, or (iii) promptly after the Fall of the Hammer or other termination of the bidding Auctioneer is made aware that Auctioneer and a bid assistant or ringman, or multiple bid assistants or ringmen, have acknowledged bids in the same amount bid from different bidders, or (iv) some other bid dispute arises, Auctioneer may, in Auctioneer’s sole and absolute discretion, reopen the bidding (but will not be required to). Any contract formed with the Fall of the Hammer will be subject to the conditions set forth in this Section. If bidding is reopened pursuant to this Section, the bid recognized by Auctioneer prior to the reopening of the bidding will be held, and may not be retracted, and, if no further bids are received, such bid will be the Winning Bid.
Motor Vehicles and Equipment. Any and all motor vehicles and motorized equipment (including, without being limited to, automobiles, trucks, vans, recreational vehicles, motor cycles, motor scooters, tractors, earth moving equipment and other heavy equipment) must be paid in full prior to removal from the Auction Site; and, if any vehicles or equipment is paid for with a check, the vehicle or equipment will not be released unless and until the check clears the drawee bank and the funds have been received by Auctioneer.
All Sales Final. ALL SALES ARE FINAL. NO REFUNDS OR RETURNS.
Sales Tax. Subject to applicable exemptions, if any, each Buyer is responsible for the payment of sales tax for each Lot Knocked-Down at the Auction, which sales tax will be collected by Auctioneer at the time payment is made.
Payment. All Personal Property must be paid for in-full by onsite Buyers on the day of the Auction, at or before the conclusion of the Auction, and before any Property is removed from the Auction Site by or on behalf of the Buyer. Online purchases must be paid for within seven (7) days after the close of the Auction. Onsite purchases may be paid in cash or approved check, and, when authorized by the Seller and made available by Auctioneer, by credit card or debit card. If onsite bidders wish to send a wire, they must present a bank letter of credit (with limit stated equal to or higher than the amount owed by bidder) and wire must be sent no later than one business day after the auction. Online purchases must be paid by credit card or approved check; provided, however, that any online purchases in excess of Two Thousand Five Hundred Dollars ($2,500.00) must be paid by wire transfer or certified funds unless other arrangements are made with Auctioneer in Auctioneer’s sole and absolute discretion.
Pick-up and Removal; Shipping. Each Buyer is responsible for removal of Lots purchased at the Auction, including shipping to remote Buyers. Pick-up and removal dates and times will be as posted on Auctioneer’s website or announced at the Auction. Unless otherwise agreed, each Buyer is solely responsible for the disassembly, removal, shipping, and transportation of each Lot purchased by such Buyer. Tools, packing material, and/or assistance will not be supplied at Pickup, so Buyer must plan accordingly. Disassembly and removal shall be done in a quiet and workmanlike manner, and each Buyer, in making its bid, shall thereby indemnify and hold harmless both Auctioneer and Seller against any and all damage caused by the acts of the Buyer, or such Buyer’s employees, agents, representatives, or independent contractors in connection with the Pickup. Any and all damages to the Pickup site, including, without being limited to damages to land or buildings, caused by a Buyer or by an employee, agent, representative, or independent contractor of a Buyer, will be repaired by, or at the expense of, such Buyer to the satisfaction of Auctioneer and Seller. Each Buyer must show a copy of the invoice (digital or hard copy) and government-issued photo identification before Lots will be released. No Buyer shall bring pets or young children to the Pickup, as the movement of Lots presents an extremely high-risk environment that could result in injury or death.
Abandoned Items. Any Lots not paid in full, not picked up and removed in the time provided (but, under any circumstances, within thirty (30) days after the Auction), or for which payment has not cleared (within five (5) days after the Auction), will be considered abandoned and may be offered for sale at a later auction or subject to other disposition. Such abandonment does not, however, relieve the Buyer or the Buyer’s obligation to make payment in full. Any payments made by or on behalf of a Buyer are non-refundable, and Buyers will remain responsible for the full purchase price of all Lots sold to them. In addition, Buyer’s bidding privileges may be suspended at future auctions.
Returned Checks. Any checks that are returned unpaid will be subject to a returned check fee in the amount of Fifty and 00/100 Dollars ($50.00). In addition to the foregoing, Auctioneer will be entitled to recover, from the issuer of a returned check, all costs and expenses, including attorneys’ fees, for the collection of payment made in the form of a check that has been returned unpaid.
No Stop Payment Orders or Credit Card Chargebacks. Each Bidder agrees that such Bidder will not, under any circumstances, (i) issue a stop payment order with respect to any checks issued at or in connection with the Auction, or (ii) initiate a credit card chargeback with respect to any purchases at the Auction. Each Bidder further agrees that if, in violation of these Terms, a stop payment order is issued or a credit card chargeback is initiated, these Terms will be conclusive evidence of the Bidder’s (i) waiver of any rights to issue a stop payment order or to initiate a credit card chargeback, and (ii) agreement not to issue a stop payment order or to initiate a credit card chargeback; and each Bidder acknowledges and agrees that on Auctioneer’s presentation of these Terms to the bank, credit card company, or other financial institution against which a check was drawn or that issued the credit card on which charges were made, such bank, credit card company, or other financial institution will reverse any stop-payment order and/or deny any credit card chargeback, and will re-credit all amounts to or for the account of Auctioneer. If, in violation of these Terms, a Bidder issues a stop payment order or initiates a credit card chargeback, such Bidder, even if successful, will remain liable for all purchases made at the Auction, and will be responsible for all costs and expenses, including attorneys’ fees, incurred by or on behalf of Auctioneer and/or Seller in challenging the stop payment order or credit card chargeback and in collecting payment. Each Bidder acknowledges and agrees that the covenant not to issue a stop payment order or to initiate a credit card chargeback is a condition to the issuance of a Bidder Number to such Bidder, and is being made as an inducement for Auctioneer to accept such Bidder’s Bidder Registration and to issue a Bidder Number. Each Bidder acknowledges and agrees that Auctioneer is relying on the covenant not to issue a stop payment order or to initiate a credit card chargeback in accepting such Bidder’s Bidder Registration and in issuing a Bidder Number.
Claims. With respect to Lots removed from the Auction Site by or on behalf of a Buyer, no claims or returns will be allowed and no claim will be allowed for adjustments or rescission of any sales based on the failure of a Lot to correspond with any standard and/or expectation of the Buyer.
Risk of Loss for Personal Property. Risk of loss with respect to Personal Property passes to the Buyer with the Fall of the Hammer. Neither Auctioneer nor Seller will be liable for any loss or damage to a Lot after such Lot is sold at the Auction, other than as may be directly and solely caused Auctioneer’s negligence, gross negligence, or intentional misconduct in handling and safeguarding the Lot while in Auctioneer’s sole and exclusive possession.
Buyer’s Remedies; Bidders/Buyers Not Entitled to Incidental or Consequential Damages. To the extent that any Bidder or Buyer may be entitled to damages or remedies, the sole and exclusive remedy available to Bidders and Buyers is a return of the Purchase Price actually paid. Under no circumstances will Auctioneer or the Seller be liable for incidental or consequential damages, including, without being limited to lost profits or reduced productivity. Each Bidder acknowledges and agrees that no Bidder or Buyer is entitled to specific performance or other equitable relief.
Seller’s Remedies. If any Buyer breached such Buyer’s obligations under these Terms or under a sale contract with the Seller of Property sold at the Auction, in addition to all other legal and equitable remedies, such property may be resold and the breaching Buyer will be responsible for any and all damages, including any deficiency or reduction in the Purchase Price, along with incidental damages.
Indemnification. Each Bidder agrees to indemnify, defend, and hold Auctioneer and Seller harmless from any current or future claim regarding the Auction or the Property, including, without being limited to, fitness, use, damage, safety, or injuries to persons or property.
Private Sale. No Participant or Registered Bidder may offer to enter into a Private Sale for the purchase of any of the Property prior to, during, or after the Auction. If any of the Property is not Knocked Down at the Auction and Bidder enters into an agreement to buy (i) any of the Personal Property from the Seller within ten (10) days after the Auction, and/or (ii) any of the Real Property within ninety (90) days after the Auction, Bidder shall pay to Auctioneer an amount equal to Auctioneer’s full commission and Buyer’s Premium.
Waiver. Certain provisions of these Bidder Terms are for the exclusive benefit of Auctioneer and/or Seller(s). Such provisions, including, without being limited to, Bidder registration and qualification requirements, deposit and payment terms (including the method, form, and timing of payment), removal and delivery terms, and Property inspection terms), do not create, and will not be deemed to create, any benefits or rights in favor of any other persons, including competing Bidders, and may not be enforced by any other persons. Either globally or on a case by case basis Auctioneer and/or Seller may (but will not be required to) waive any provisions of these Terms that are intended for the benefit of Auctioneer and/or Seller.
Compliance with the Law. Bidder shall not engage in any illegal conduct on the Auction Site and shall comply with all federal, state, and local laws. Bid pooling occurs when Bidders collude to regulate, and artificially suppress, bidding in an effort to reduce the Hammer Price. Anyone participating in bid pooling will be removed from the Auction Site and referred for prosecution. Theft is a serious offense, and, if discovered, will be prosecuted to the fullest extent of the law. Instances of theft will result in immediate termination of bidding and removal from the Auction Site.
Governing Law; Jurisdiction; Venue; Waiver of Jury Trial. These Bidder Terms will be governed by and construed in accordance with the laws of the State of Indiana, including its statutes of limitations, but without regard to its rules governing conflict of laws. All claims, disputes, and other matters between the parties will be brought in the state or federal courts sitting in and for Elkhart County, Indiana,, which courts will have exclusive jurisdiction, and will be the exclusive venue, for any and all such claims, disputes, and other matters. By submitting a Bidder Registration and accepting a Bidder Number each Registered Bidder irrevocably and unconditionally (i) agrees that any claim or suit relating to these Bidder Terms, or the transactions contemplated hereby, will be brought in the state or federal courts sitting in and for Elkhart County, Indiana,; (ii) consents to the jurisdiction of such courts for any such claim, suit or cause of action; (iii) waives any objection that such party may have to the laying of venue of any such claim, suit or cause of action in such courts; and (iv) waives any objection to the bringing of such claim, suit or cause of action in such courts on the grounds of forum non conveniens. Each Bidder, Buyer, and other Participants waive the right to a jury trial.
Attorneys’ Fees. If any Participant breaches such Participant’s obligations under these Terms, Auctioneer and/or Seller will be entitled to recover all costs and expenses, including attorneys’ fees incurred in enforcing their rights.