**LOT 3194 THE MITSUBISHI FORKLIFT IS AVAILABLE FOR REMOVAL OF SMALL PALLETED ITEMS UNTIL 12 PM, FRIDAY NOVEMBER 15^TH ONLY**

TERMS AND CONDITIONS

13% BUYERS PREMIUM ON ALL ITEMS

PAYMENT: FULL PAYMENT MUST BE MADE BY NO LATER THAN 5 PM, MONDAY, NOVEMBER 11^TH. PAYMENT MUST BE MADE BY CASHIERS CHECK, WIRE TRANSFERS OR ONLINE CREDIT CARD ONLY.  CHECKS ARE ACCEPTED ONLY WITH BANK LETTER OF GUARANTEE.

REMOVAL: **THERE IS NO REMOVAL WEDNESDAY – FRIDAY, NOVEMBER 6^TH – 8^TH.  REMOVAL FOR ALL AUCTION LOTS WILL BEGIN ON MONDAY, NOVEMBER 11^TH.  PLEASE NOTE THERE WILL BE NO POWER AT AUCTION SITE BEGINNING TUESDAY, NOVEMBER 12^TH. **ALL SMALL ITEMS MUST BE REMOVED BY 4 PM FRIDAY, NOVEMBER 15^TH, ALL OTHER ITEMS MUST BE REMOVED BY NO LATER THAN 4 PM FRIDAY, FEBRUARY 28^TH. GATES ARE OPEN 6 AM – 6 PM.

REMOVAL HOURS: 8:00 AM – 4:00 PM, MONDAY THROUGH FRIDAY, UNTIL FEBRUARY 28^TH. NO WEEKEND OR HOLIDAY REMOVAL. **NO REMOVAL UNTIL ALL ITEMS IN THE AUCTION HAVE CLOSED, NO PURCHASES MAY BE REMOVED UNTIL ALL PURCHASES ARE PAID FOR. ITEMS NOT REMOVED WITHIN THE REMOVAL DEADLINE ARE DEEMED FORFEITED** BUYER ACKNOWLEDGES THAT AUCTIONEER IS NOT RESPONSIBLE FOR LOADING ANY PURCHASED ITEMS OR SECURING ANY LOADS.

EVERY PERSON ENTERS AUCTIONEER'S AUCTION SITES AT THEIR OWN RISK. AUCTIONEER IS NOT RESPONSIBLE FOR ANY INJURIES OR DAMAGE TO PROPERTY THAT OCCURS AT OUR AUCTION SITES.

BUYER ACKNOWLEDGES THAT AUCTIONEER MAY IN ITS SOLE DISCRETION ASSIST IN THE LOADING OF BUYER'S GOODS AT THE AUCTION SITE.  IN THE EVENT THIS OCCURS, BUYER AGREES TO WAIVE, RELEASE, DEFEND, INDEMNIFY AND HOLD AUCTIONEER 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 ON AUCTIONEER'S PROPERTY; (3) ANY OF THE ACTIVITIES BUYER'S OR ITS TRANSPORTATION COMPANY CARRIES OUT ON AUCTIONEER'S PROPERTY; (4) ANY ASSISTANCE PROVIDED TO BUYER OR TO ITS TRANSPORTATION COMPANY BY AUCTIONEER'S PERSONNEL; (5) USE OF AUCTIONEER'S 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.  

ALL TRANSPORTATION COMPANIES ENTERING OUR AUCTION SITES ARE EXPECTED TO MAINTAIN THE FOLLOWING INSURANCE COVERAGES: GENERAL LIABILITY, WORKERS' COMPENSATION AND CARGO.

ANYONE REMOVING EQUIPMENT THAT REQUIRES RIGGING, CUTTING AND DISMANTLING PROPERTY IS REQUIRED TO PROVIDE $1,000,000.00 DOLLAR GENERAL LIABILITY INSURANCE CERTIFICATE SHOWING THE JAMES G. MURPHY CO., & PYRAMID MOUNTAIN LUMBER AS ADDITIONAL INSURED PARTIES.  INSURANCE CERTIFICATE AND PROOF OF WORKERS COMPENSATION COMPLIANCE MUST BE ON FILE AT SALE SITE AND WITH THE JAMES G. MURPHY CO. BEFORE DISMANTLING COMMENCES.

BUYER AND EQUIPMENT REMOVAL COMPANY AGREE TO COMPLY WITH ALL PARAMETERS SET BY AUCTIONEER AND PROPERTY OWNER WITH RESPECT TO FIRE PROTECTION, FIRE WATCHES, AND CUTTING. 
CUTTING HOURS: 6:00 AM – 4:00 PM.

BUYER REQUIRED INSURANCE: PURCHASED LOTS ARE AT THE BUYER’S RISK. IT IS THE RESPONSIBILITY OF THE BUYER TO PROVIDE PROPERTY INSURANCE COVERAGE FOR ITEMS PURCHASED AND BUYER’S OWN EQUIPMENT AT THE AUCTION SITE. 

WARRANTY DISCLAIMER: ALL SALES ARE FINAL.  ALL ITEMS ARE BEING SOLD “AS IS, WHERE IS,” WITH ALL FAULTS AND WITHOUT ANY WARRANTIES AS TO MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE. THE PRINCIPAL, THE AUCTIONEER, THE ADVERTISING COORDINATOR, AND ANY OF THEIR AGENTS MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY TYPE. COMPLETE TERMS AND CONDITIONS OF SALE WILL BE AVAILABLE AT THE TIME OF SALE. ALL INFORMATION WAS OBTAINED FROM SOURCES DEEMED RELIABLE.  ALTHOUGH EVERY PRECAUTION HAS BEEN TAKEN TO ENSURE ACCURACY, THE PRINCIPAL, THE JAMES G. MURPHY CO., THE ADVERTISING COORDINATOR, AND ALL OF THEIR AGENTS SHALL NOT BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN.  IT IS FOR THIS REASON THAT WE RECOMMEND THAT ALL ITEMS BE THOROUGHLY INSPECTED PRIOR TO THE POINT OF SALE.