Rabin-Ball-Mill

Concrete Flooring Contractor Equipment

Postponed | Bakersfield, CA | All Online

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TERMS OF SALE

These Terms and Conditions of Sale govern all items which are offered for sale by RABIN WORLDWIDE as well as any of its employees, agents, designees, affiliates, joint venture partners, and/or co-auctioneers (collectively, "RABIN WORLDWIDE"). RABIN WORLDWIDE reserves the right to modify these Terms of Sale at any time and any such modification shall become part of these Terms of Sale. By registering at the auction, the Buyer agrees to be bound by these Terms of Sale.

EVERY ITEM IS SOLD "AS-IS"
DESCRIPTIONS OF ITEMS ARE FOR GUIDE PURPOSES ONLY AND SHALL NOT BE RELIED UPON FOR ACCURACY OR COMPLETENESS
ITEMS DO NOT CARRY ANY GUARANTEES
ALL ITEMS ARE SUBJECT TO A BUYER'S PREMIUM, WHICH RATE MAY VARY SALE TO SALE

1. Payment. Only cash, a cashier's check or a company/personal check accompanied by a letter of guarantee from a bank payable to RABIN WORLDWIDE will be accepted. A refundable deposit in the amount of 25% is required to be deposited with RABIN WORLDWIDE upon registration at the auction. The balance and full payment for all items purchased is due to RABIN WORLDWIDE on the day of sale.
2. Taxes. Where required by law, Buyer shall pay to RABIN WORLDWIDE sales tax, value added tax, or any other applicable tax. Any such taxes will be added to the purchase price of all purchased items, as well as the Buyer's Premium. At the time of payment, dealers who purchase for resale must supply RABIN WORLDWIDE with all necessary documentation or upon receipt of such resale documentation, the tax will be refunded to the dealer.
3. Buyer's Premium. RABIN WORLDWIDE will charge and retain a non-negotiable buyer's commission ("Buyer's Premium") on the proceeds of any sale based on the final bid of each lot sold. The Buyer's Premium will be 15% for cash, check, wire transfer and credit card payments. The Buyer's Premium will be posted on the premises and announced prior to the sale.
4. Title. Title to the offered item shall pass to Buyer upon (i) the payment in full to RABIN WORLDWIDE; and (ii) removal of purchased item from the premises, subject to compliance by Buyer with all other Terms of Sale.
5. Inspection. Buyer hereby acknowledges that Buyer, or an agent acting on Buyer's behalf, has inspected, or has had the opportunity to inspect, all of the items upon which Buyer will be bidding and/or does purchase. By submitting a bid for any item, Buyer affirms that they have inspected all items for which bids are placed OR have waived the right to do so prior to bidding. Buyer shall be deemed to have relied entirely upon their own inspections and investigations in their bidding decision. After a sale has been confirmed, the Buyer shall be deemed to have inspected all purchased items.
6. Safety Standards. Buyer expressly assumes all responsibility to secure all safety equipment and to meet all applicable local, state and governmental safety standards in using or removing any items purchased.
7. Removal of Items Purchased. Items can only be removed from the premises within the removal time as announced at the sale. No item can be removed, segregated, or dismantled by Buyer before the conclusion of the auction. Prior to removal of any item purchased, the entire invoice must be paid in full in order to gain access to the premises. Buyer must present a representative of RABIN WORLDWIDE with an original invoice/bill of sale marked �PAID�. Removal shall be at the sole expense, risk and liability of the Buyer.
8. Failure to remove items purchased. If items are not removed within the specified time for removal, (i) such items will be deemed abandoned by the Buyer, (ii) Buyer shall forfeit all monies paid to RABIN WORLDWIDE for the purchase of such item(s), and (iii) Buyer shall forfeit any rights to such item(s). In addition, Buyer shall be responsible for all damages suffered by RABIN WORLDWIDE in accordance with Paragraph 16, below, including, but not limited to, any dismantling, transportation, storage or other costs, including attorneys' fees incurred by RABIN WORLDWIDE as a consequence of Buyer's failure to remove such item(s).
9. Absentee Bids. RABIN WORLDWIDE will accept bids from Buyers who wish to bid, but cannot attend the auction. The bids may be placed online at www.rabin.com or in writing on our Absentee Bidder form available on our website, and must be submitted in advance of the sale. All bids must state the highest bid price, net of the Buyer's Premium and any applicable taxes and be accompanied by a refundable deposit equal to 25% of the highest bid price.
10. Auction Registration. To register for any auction, bidders must provide a valid VISA, MasterCard, or American Express credit card. A $500 credit hold will be placed on the credit card provided. RABIN WORLDWIDE does not store any credit card information, nor can RABIN WORLDWIDE capture more than $500 from the credit card provided. The card will not be charged except in the event of failure to respond to payment requests. Only in the event of explicit permission from the Buyer can RABIN WORLDWIDE use the $500 credit hold towards an invoice total for items won at auction. No more than $500 can be captured from the credit card provided during the auction sign-up process.
11. Bidding. If any dispute arises between two or more bidders, the auctioneer has the right in its sole discretion to determine the successful bidder or to re-offer and resell the item or lot in dispute. RABIN WORLDWIDE shall have no liability arising from any dispute between two bidders. RABIN WORLDWIDE reserves the right to group one or more lots into one or more selling items or lots, or to add to or delete items or lots at its sole discretion. RABIN WORLDWIDE reserves the right to set the bidding increments. RABIN WORLDWIDE also reserves the right to reject any bid which is only a fractional advance over the preceding bid. RABIN WORLDWIDE, or the owners, reserves the right to set and/or to modify a minimum price.
12. Auction Site. Buyer acknowledges any and all auction sites, or locations where goods are held or presented for inspection, may be potentially dangerous places with noxious, corrosive and pressurized substances being present, heavy equipment being operated, and live electric circuits. Buyer's and their associates present at an auction site before, after, and during an auction shall be deemed present at their own risk, with RABIN WORLDWIDE holding no liability for any injuries sustained, nor damages to or loss of property which may occur from any cause whatsoever.
13. Absence of Warranties. While descriptions are believed to be correct, RABIN WORLDWIDE and the Owners make no warranties or guarantees, expressed or implied, as to the genuineness, authenticity, quantity, quality, condition, usability, salability, weight, measure, count, make, model, year, age, mechanical condition, performance, description, or other specifications in any lot. Neither RABIN WORLDWIDE nor the Owners shall be liable for any fault or defect in any lot. RABIN WORLDWIDE shall not be held liable for any inaccurate, incomplete or incorrect description, of any lot or item in any media pertaining to the auction, whether in a catalog, advertisement, website listing, or otherwise. Descriptions of goods are prepared FOR GUIDE PURPOSES ONLY and shall not be relied upon by the bidder or Buyer for accuracy or completeness. ALL SALES BY RABIN WORLDWIDE OF THE GOODS, WILL BE �AS IS�, �WHERE IS�, WITH ALL FAULTS, LATENT AND PATENT, WITHOUT REPRESENTATION OR WARRANTY, EITHER EXPRESSED OR IMPLIED, OF ANY KIND, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY AGAINST PATENT, TRADEMARK, COPYRIGHT OR TRADE SECRET INFRINGEMENT. Specifically, but with not limitation, RABIN WORLDWIDE makes no representation or warranty that any goods (i) conform to any standard in respect to safety, pollution or hazardous material or to any standard or requirement or any applicable authority, law, or regulation, (ii) are fit for any particular purpose, or (iii) are of any particular age, year of manufacture, model, make, or condition.
14. Indemnification. Buyer shall indemnify, hold harmless and defend RABIN WORLDWIDE and the Owners from and against any and all losses, damages, liabilities and claims, and all attorney's fees, costs and expenses arising out of, based upon or resulting from (i) any loss or injury resulting from Buyer's failure to secure all safety equipment and/or to meet all applicable government safety standards in removing items purchased or in use, (ii) any act by or omission of RABIN WORLDWIDE, the Owners, or their respective agents, representatives or employees, relating to or affecting the goods bid on and or purchased by Buyer, or (iii) any injury to Buyer and/or Buyer's associates or property of any type whatsoever caused during the inspection, auction, dismantling, removing transporting or use of the items purchased.
15. Hazardous Materials. Buyer acknowledges that item(s) purchased at auction may contain Hazardous Materials and will indemnify, defend and hold RABIN WORLDWIDE harmless with respect to all costs, expenses, liabilities, damages or claims, including without limitation, attorney's fees, asserted by any person, entity or governmental agency or against RABIN WORLDWIDE directly or indirectly relating in any manner to any hazardous or toxic materials, which may be regulated under applicable laws, rules or regulations, and which relate in any way to the dismantling or removal of any purchased item. RABIN WORLDWIDE shall in no event be obligated to incur any costs or expenses relating in any manner, either directly or indirectly, to any Hazardous Materials. Buyer will be responsible for any and all remediation costs related to the dismantling and removal of any purchased item.
16. Acts of Others. RABIN WORLDWIDE is not responsible for (i) the acts or omissions of any party who provided any items to the auctioneer for sale, (ii) the owner or lessor of the auction site, (iii) the owner or lessor of the site where the items are stored, or (iv) the acts or omissions of any party who provides services to the auctioneer and/or buyer, including, but not limited to telecommunication, internet bidding services, removal, rigging, or shipping, of item(s).
17. Default/Non-Compliance. In the event the Buyer fails to pay the entire purchase price on the day of the sale(s) and/or fails to comply with any conditions of these Terms of Sale, RABIN WORLDWIDE may retain and/or recover the Buyer's deposit for such failure. In addition, RABIN WORLDWIDE may resell such items at a public or private sale without further notice. If, at such a sale, the item is sold for a lesser price the original buyer (defaulter) will be responsible for the difference. Furthermore, any charges, fees and/or expenses, including but not limited to, the cost of removal and resale of the abandoned item(s), any monetary difference between the Buyer's original purchase price and the subsequent resale price, commissions, and legal fees incurred by RABIN WORLDWIDE as a result of resale will be the responsibility of the defaulter. This also includes any attorney's fees that may result in enforcement of this agreement.
18. Limitation of Liability. RABIN WORLDWIDE, the Owners, or their respective agents, representatives or employees, shall have no liability to Buyer due to nondelivery of any item for any reason other than to return to Buyer the monies paid for such nondelivered items. Buyer's sole remedy for nondelivery of items shall be the refund of the original purchase price paid by Buyer for such items. RABIN WORLDWIDE, the Owners, or their respective agents, representatives or employees, shall not be liable for any lost profits, travel time or costs, lost time, incidental or consequential damages, or the replacement value of any item.
19. Limitation of Claims. In no event shall the liability of RABIN WORLDWIDE to the Buyer exceed the purchase price actually paid. A Buyer's claim shall be limited to the amount actually paid for goods purchased and shall not extend to any obligation; risk; liability; right; claim; remedy for loss of use, revenue, or profit; liability or obligation of Buyer to any third party; personal injury; or any other direct, indirect, incidental, or consequential damages. RABIN WORLDWIDE is acting as an auctioneer only.
20. Arbitration. Any dispute or controversy arising out of or relating to the auction or any interpretation, construction, performance or breach of these Terms of Sale, including fraud in the inducement, shall be resolved by final and binding arbitration conducted by a retired judge, either with Judicial Arbitration and Mediation Service or through the American Arbitration Association. Judgment may be entered on the arbitrator's decision in any court having jurisdiction. Should any party to this agreement institute any arbitration or other action or proceeding in any way relating to the auction, or to enforce, interpret or apply any provision of these Terms of Sale, the parties agree that the prevailing party shall be entitled to reimbursement by the losing party of all statutory and nonstatutory costs and expenses, including, but not limited to, all of its attorney's fees.
21. Governing Law. The validity, construction and performance of these Terms of Sale shall be governed by the substantive law of the country or region where the auction was conducted.
22. Website Use. RABIN WORLDWIDE strives to ensure that its websites are available and functioning 24 hours per day, however RABIN WORLDWIDE shall not be held liable if its websites are unavailable at any time, for any period. Website access may be suspended without notice due to power failure; server failure, repair, or maintenance; or other reasons beyond RABIN WORLDWIDE's control. RABIN WORLDWIDE reserves the right to relist or adjust bidding periods on any auction due to system malfunction.
23. Online Bidding. Buyers who choose to bid at any auction online using the RabinLive� or Rabin 24/7 systems shall do so at their own risk. RABIN WORLDWIDE cannot guarantee the transmission of online bids when situations beyond RABIN WORLDWIDE's control interfere with the normal operation of these systems. RABIN WORLDWIDE holds no liability for items lost at auction due to system malfunction of its websites or bidder consoles. It is the responsibility of the Buyer to properly download and install the Java Runtime Environment (JRE) prior to the start of an auction in order to use the RabinLive� and Rabin 24/7 systems. RABIN WORLDWIDE will not be held liable for a Buyer's inability to bid caused by failure to install the JRE.
24. Severability. If any provision of these Terms of Sale is deemed illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining parts, shall not be affected.

CONTACT RABIN

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21 Locust Avenue, Suite 2A,
Mill Valley, CA 94941-2805,
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tel: +1 415.522.5700
fax: +1 415.522.5701
info@rabin.com
Contact us toll free in the U.S. at 1.800.421.2144

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Concrete Flooring Contractor Equipment

Postponed | Bakersfield, CA | All Online

Contact Information.

Items by : Category Lot #

Concrete Flooring Contractor Equipment

Postponed | Bakersfield, CA | All Online

Contact Information.

Rabin Headquarters

Items by : Category Lot #