THESE TERMS ARE A BINDING CONTRACT BETWEEN YOU (AS BIDDER OR ULTIMATE BUYER) AND JAMES G. MURPHY CO. (JGM/AUCTIONEER). PLEASE READ THEM CAREFULLY. BY BIDDING ON ANY AUCTION ITEMS, YOU CONFIRM YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS. 

10% BUYER’S PREMIUM

ALL SALES ARE FINAL UPON AWARD OF ONLINE BID, SUBJECT TO AUCTIONEER’S CONFIRMATION AND SELLER’S RIGHTS SET FORTH HEREIN.

PAYMENT: 
FULL PAYMENT MUST BE MADE NO LATER THAN 4 PM, THURSDAY, AUGUST 6TH. 
PAYMENT MUST BE MADE BY CREDIT CARD, CASHIER'S CHECK OR ACH/WIRE TRANSFER ONLY.  AFTER THE AUCTION CLOSES & YOU RECEIVE YOUR EMAILED INVOICE, PLEASE REPLY AND WE WILL CHARGE YOUR CARD ON FILE. IF AUCTIONEER HAS NOT RECEIVED PAYMENT BY THE FINAL PAYMENT DATE, BUYER AUTHORIZES AUCTIONEER TO CHARGE THE FULL PURCHASE PRICE, RIGGING/LOADOUT COST, THE BUYER'S PREMIUM AND APPLICABLE TAXES, TO THE CREDIT CARD LEFT ON FILE DURING THE REGISTRATION PROCESS. 

TO PAY ONLINE GO TO: MURPHYAUCTION.COM/MAKEPAYMENT
TO PAY BY WIRE: MURPHYAUCTION.COM/PAYBYWIRE

PREVIEW: 8:00 AM TO 4:00 PM, TUESDAY, AUGUST 4TH. 
PERSONAL PROTECTIVE EQUIPMENT REQUIRED TO INCLUDE, BUT NOT LIMITED TO: HARD HAT, SAFETY VEST, HARD SOLED SHOES & SAFETY GLASSES. ALL VISITORS MUST SIGN IN AT SITE OFFICE AND SIGN OUT UPON DEPARTURE.  BUYER AND ITS AGENTS, CARRIERS, CONTRACTORS, REPRESENTATIVES, AND INVITEES MUST COMPLY WITH ALL SITE-SPECIFIC HSE, ACCESS, SECURITY, WAIVER, PPE, ESCORT, AND REMOVAL RULES AND INSTRUCTIONS IMPOSED BY AUCTIONEER, SELLER, SELLER’S REPRESENTATIVE, OR THE APPLICABLE SITE OWNER.

REMOVAL: ALL ITEMS MUST BE REMOVED BY THURSDAY, SEPTEMBER 3RD. REMOVAL HOURS: 7:30 AM TO 2:30 PM, MONDAY- FRIDAY, AUGUST 10TH-14TH, AUGUST 17TH-21ST, AUGUST 24TH-28TH, AUGUST 31ST - SEPTEMBER 3RD BY APPOINTMENT ONLY.  APPOINTMENTS FOR ALL ITEMS MUST BE MADE 48HRS IN ADVANCE BY EMAILING TIFNI@MURPHYAUCTION.COM. FOR ALL LOTS REQUIRING CRANE LOADOUT (THOR EQUIPMENT AT MILL ROAD AND PUD VAULTS) AND STACKER RECLAIMERS EQUIPMENT – 7 DAYS ADVANCE RESERVATION REQUIRED. 

JH KELLY HAS BEEN DESIGNATED AS SELLER’S REPRESENTATIVE AND THE EXCLUSIVE ONSITE RIGGING AND REMOVAL CONTRACTOR FOR THIS AUCTION. RIGGING, LOADING, AND REMOVAL PRICING FOR APPLICABLE ITEMS IS LISTED WITHIN EACH INDIVIDUAL LOT DESCRIPTION. BUYER TO PAY JAMES G. MURPHY FOR RIGGING/LOADOUT COSTS.

REMOVAL FOR THOR SHIPLOADER EQUIPMENT LOCATED AT THE PORT OF LONGVIEW: 
JH KELLY IS NOT RESPONSIBLE FOR LOADOUT OF THE THOR ITEMS AT PORT OF LONGVIEW. JAMES G. MURPHY WILL REQUIRE 10-DAY NOTIFICATION OF INTENT TO PICK UP.  PASHA GROUP HAS BEEN DESIGNATED AS SELLER’S REPRESENTATIVE FOR THE REMOVAL OF THESE ITEMS. BUYER WILL NOT HAVE ACCESS TO PORT PROPERTY DURING LOAD OUT.
**NO REMOVAL UNTIL ALL ITEMS IN THE AUCTION HAVE CLOSED, NO PURCHASES MAY BE REMOVED UNTIL ALL PURCHASES ARE PAID FOR. ITEMS NOT REMOVED BY REMOVAL DEADLINE MAY BE DEEMED FORFEITED. NO SHIPPING OR WEEKEND REMOVAL.**

RISK OF LOSS:
YOU, AS BUYER, BECOME RESPONSIBLE FOR THE RISK OF LOSS TO ANY LOT UPON RECEIPT BY AUCTIONEER OF THE PROCEEDS FROM THE SALE OF THE LOT.  AUCTIONEER WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE TO ANY LOT, OR INJURY CAUSED BY ANY LOTS.  IT IS BUYER'S RESPONSIBILITY TO OBTAIN ADEQUATE INSURANCE COVERAGE FOR YOUR AWARDED LOT(S) IMMEDIATELY UPON NOTIFICATION THAT YOU HAVE PLACED A WINNING BID FOR LOT(S). NEITHER AUCTIONEER NOR SELLER SHALL HAVE ANY LIABILITY FOR ANY SOLD LOT AFTER LOADING, REMOVAL, TRANSPORTATION, STORAGE, INSTALLATION, USE, OR DISPOSAL BY OR ON BEHALF OF BUYER OR ANY THIRD PARTY.

REMOVAL PROCEDURE:
*** JH KELLY HAS BEEN DESIGNATED AS SELLER’S REPRESENTATIVE AND THE EXCLUSIVE ONSITE RIGGING AND REMOVAL CONTRACTOR FOR THIS AUCTION. RIGGING, LOADING, AND REMOVAL PRICING FOR APPLICABLE ITEMS IS LISTED WITHIN EACH INDIVIDUAL LOT DESCRIPTION. *** BUYER TO PAY JAMES G. MURPHY FOR RIGGING/LOADING COSTS.
ALL COSTS, RESPONSIBILITY AND RISK OF SUCH REMOVAL SHALL BE BORNE BY BUYER AND, IN EVERY CASE, BUYER WILL USE PRUDENCE AND CARE WHILE ON SITE. IF FOR ANY REASON BUYER FAILS TO  REMOVE ANY OF BUYER’S PURCHASES WITHIN THE TIME SPECIFIED, AUCTIONEER SHALL HAVE THE RIGHT, IN ITS SOLE DISCRETION, TO RESELL, DISCARD (GOODS DEEMED FORFEITED BY BUYER) OR REMOVE AND STORE  SUCH PURCHASED ITEMS AT BUYER’S SOLE RISK AND EXPENSE (STORAGE COSTS WILL BE CHARGED - PER DAY - PER ITEM).  BUYER AGREES THAT AUCTIONEER CAN CHARGE THE BUYER'S CREDIT CARD ON FILE FOR ANY STORAGE OR ADDITIONAL FEES ASSOCIATED WITH BUYER'S FAILURE TO REMOVE WITHIN THE TIME SPECIFIED BY AUCTIONEER. NEITHER AUCTIONEER NOR SELLER HAS ANY OBLIGATION TO STORE, PRESERVE, SECURE, INSURE, OR PROTECT ANY ITEM NOT REMOVED BY THE APPLICABLE DEADLINE. 

BUYER HEREBY AGREES TO DEFEND, INDEMNIFY AND TO HOLD HARMLESS AUCTIONEER, THE SELLER, SELLER’S REPRESENTATIVES,  AND THE OWNER(S) OF THE PREMISES IN WHICH THE GOODS ARE LOCATED, FROM ANY AND ALL CLAIMS, DAMAGES, AND LOSSES ARISING FROM BUYER'S ACTIONS OR INACTIONS WITH RESPECT TO THE BUYER'S PURCHASES AND BUYER'S PRESENCE ON THE PREMISES IN WHICH THE GOODS ARE LOCATED, INCLUDING WITHOUT LIMITATION, INJURIES TO PERSONS OR PROPERTY AND ENVIRONMENTAL VIOLATIONS OR CONTAMINATION.  

EVERY PERSON ENTERS  THE AUCTION SITES OR SALES PREMISES AT THEIR OWN RISK. BUYERS ACKNOWLEDGE THAT AN AUCTION SITE IS A POTENTIALLY DANGEROUS PLACE.  FLAMMABLE, NOXIOUS, CORROSIVE AND PRESSURIZED SUBSTANCES MAY BE PRESENT. HEAVY EQUIPMENT MAY BE OPERATED AND ELECTRICAL CIRCUITS MAY BE LIVE. YOU AGREE THAT YOU AND ANY OF YOUR AGENTS ENTER THE AUCTION SITE AT YOUR OWN RISK WITH NOTICE OF THE CONDITION OF THE PREMISES AND THE ACTIVITIES THAT WILL BE OR HAVE BEEN CONDUCTED ON THE PREMISES. 

BUYER ACKNOWLEDGES THAT AUCTIONEER IS NOT RESPONSIBLE FOR LOADING ANY OF BUYER'S PURCHASES OR THE SECURING OF ANY LOADS.  ALL TRANSPORTATION COMPANIES AND BUYER AGENTS ENTERING  THE AUCTION SITES OR SALES PREMISES ARE EXPECTED TO MAINTAIN THE FOLLOWING INSURANCE COVERAGES: GENERAL LIABILITY, WORKERS' COMPENSATION AND CARGO.

BUYER AGREES TO WAIVE, RELEASE, DEFEND, INDEMNIFY AND HOLD AUCTIONEER, SELLER,  SELLER’S REPRESENTATIVES, AND THE OWNER(S) OF THE PREMISES, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LOSSES, INJURIES, DAMAGES, EXPENSES, COSTS, LIABILITIES, OR POTENTIAL LIABILITIES, INCLUDING, WITHOUT LIMITATION, ANY INJURY TO BUYER OR BUYER'S AGENTS, EMPLOYEES, OR SUBCONTRACTORS, OR ANY DAMAGE TO BUYER'S PERSONAL PROPERTY OR THE PROPERTY OF OTHERS, ARISING IN CONNECTION WITH: (1) THE LOADING OF GOODS; (2) BUYER'S OR ITS TRANSPORTATION REPRESENTATIVE'S PRESENCE   AT THE AUCTION SITE, SALE PREMISES, OR OTHER APPLICABLE PREMISES; (3) ANY OF THE ACTIVITIES BUYER'S OR ITS TRANSPORTATION COMPANY CARRIES OUT  AT THE AUCTION SITE, SALE PREMISES, OR OTHER APPLICABLE PREMISES; (4) ANY ASSISTANCE PROVIDED TO BUYER OR TO ITS TRANSPORTATION COMPANY BY  THE PERSONNEL OF AUCTIONEER, SELLER, SELLER’S REPRESENTATIVES, OR THE SITE OWNERS; (5) USE OF AUCTIONEER'S, SELLER’S, OR SELLER’S REPRESENTATIVES’ EQUIPMENT; (6) THE TRANSPORT OF ITEM(S) INCLUDING FAILURE TO  PROPERLY SECURE ITEM(S); AND  (7) THE BREACH OF ANY APPLICABLE LAWS SUCH AS TRANSPORT LAWS AND LOAD LIMITS.   BUYER EXPRESSLY ACKNOWLEDGES AND AGREES THAT BUYER WILL BE SOLELY RESPONSIBLE FOR ANY INJURY TO BUYER OR ANY OTHER PERSON (INCLUDING BUYER'S AGENTS, EMPLOYEES OR SUBCONTRACTORS), FINES, OR FOR ANY DAMAGE TO BUYER'S PROPERTY OR THE PROPERTY OF OTHERS (SPECIFICALLY INCLUDING, BUT NOT LIMITED TO, BUYER'S TRANSPORTATION COMPANY'S PROPERTY)  ARISING FROM THE FOREGOING. 

ONLINE BIDS: 
FAILURE TO AWARD BID - ONLINE BIDDERS WILL NOT HAVE ANY CLAIM AGAINST THE JAMES G. MURPHY CO. FOR FAILURE TO SUBMIT BIDS TO THE AUCTIONEER OR ANY ERROR ON THE BIDDING PLATFORM. IN SOME INSTANCES, THE BIDDING PLATFORM MAY SHOW AN ITEM AWARDED TO AN ONLINE CUSTOMER; HOWEVER, WE RESERVE THE RIGHT TO WITHDRAW A BID AWARDED IN ERROR.  AUCTIONEER FURTHER RESERVES THE RIGHT TO CONFIRM OR REJECT ANY AND ALL BIDS.   AUCTIONEER, IN ITS SOLE DISCRETION, RESERVES THE RIGHT TO DENY THE USAGE AND ACCESS BY ANY PERSON TO BID AT OUR AUCTIONS.  

WARRANTY DISCLAIMER:
ALL SALES ARE FINAL. WE DO NOT TEST EQUIPMENT. THERE ARE NO RETURNS, REFUNDS, CREDIT CARD CHARGE-BACKS OR ADJUSTMENTS OF ANY KIND. ALL ITEMS ARE BEING SOLD "AS IS, WHERE IS", WITH ALL FAULTS AND WITHOUT ANY WARRANTIES AS TO CONDITION, QUALITY, CAPACITY, DESIGN, SPECIFICATIONS,  PERFORMANCE, HAZARDOUS MATERIALS, NON-INFRINGEMENT, MERCHANTABILITY,  FITNESS/SUITABILITY FOR A PARTICULAR PURPOSE, OR ANY KNOWN, UNKNOWN, OBVIOUS, OR LATENT DEFECTS. THE SELLER, THE AUCTIONEER, THE ADVERTISING COORDINATOR, AND  EACH OF THEIR RESPECTIVE AGENTS MAKE NO EXPRESS OR IMPLIED WARRANTIES OF ANY TYPE.

ADVERTISING DISCLAIMER:
ALL INFORMATION WAS OBTAINED FROM SOURCES DEEMED RELIABLE. ALTHOUGH EVERY PRECAUTION HAS BEEN TAKEN TO ENSURE ACCURACY, THE SELLER , THE JAMES G. MURPHY CO., THE ADVERTISING COORDINATOR AND L EACH OF THEIR RESPECTIVE AGENTS SHALL NOT BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN. ANY DESCRIPTIONS, PHOTOS, SPECIFICATIONS, MANUALS, DRAWINGS, VENDOR DATA, OR OTHER INFORMATION ARE PROVIDED FOR CONVENIENCE ONLY AND ARE NOT WARRANTED BY SELLER, AUCTIONEER, OR THE ADVERTISING COORDINATOR; BUYER MUST RELY SOLELY ON BUYER’S OWN INSPECTION AND DUE DILIGENCE. IT IS FOR THIS REASON THAT WE RECOMMEND THAT ALL ITEMS BE THOROUGHLY INSPECTED PRIOR TO THE POINT OF SALE. 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, THE SERVICES, A SALE OR AN AUCTION MUST BE COMMENCED WITHIN 6 MONTHS AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, YOUR CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. BUYER AGREES THAT VENUE FOR ANY ACTION SHALL BE IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR SNOHOMISH COUNTY.  BUYER FURTHER AGREES THAT ANY ACTION OR CLAIM SHALL BE GOVERNED BY THE LAWS OF THE STATE OF WASHINGTON. 
BUYER COMPLIANCE AND SELLER APPROVAL RIGHTS:
BUYER AND ITS AFFILIATES, PERSONNEL, AGENTS, CONTRACTORS, CARRIERS, AND REPRESENTATIVES SHALL COMPLY WITH ALL APPLICABLE LAWS, RULES, REGULATIONS, AND GOVERNMENTAL REQUIREMENTS, INCLUDING ANTI-CORRUPTION, ANTI-BRIBERY, SANCTIONS, EXPORT CONTROL, ENVIRONMENTAL, HEALTH, SAFETY, NONDISCRIMINATION, WAGE AND HOUR, AND WORKPLACE LAWS. SELLER MAY, IN ITS SOLE DISCRETION AND WITHOUT LIABILITY TO BUYER, REJECT, CANCEL, REFUSE, OR DISQUALIFY ANY BIDDER, BUYER, BID, AWARD, SALE, SITE ACCESS, REMOVAL RIGHT, OR TRANSACTION FOR ANY LEGAL, COMPLIANCE, CONFLICT-OF-INTEREST, SANCTIONS, EXPORT-CONTROL, ETHICAL DUE DILIGENCE, OR SIMILAR REASONS.