![]() Without limiting the foregoing, full payment of the balance of the purchase price is due prior to removal of any purchased assets. Full payment of the purchase price is due at the earlier of (i) 48 hours after the bidder has received an invoice, or (ii) the close of business on the third (3 rd) business day after the Auction. If a bidder fails to make a timely deposit, Auctioneer and the Seller may resell the items in question without notice. Each successful bidder must pay a 25% deposit toward the purchase price immediately following the successful bid. Collection of applicable taxes will be in accordance with the laws of the State where the purchased asset is located. If you are paying with a credit card an additional 3% Credit Card Convenience Fee will be added to your invoice. Auctioneer shall charge and collect from each successful bidder a 20% Purchaser's premium for each sale at the Auction. Auctioneer's Collection of Premium in addition to Purchase Price.Purchaser acknowledges that it has had the opportunity to inspect all assets prior to tendering its bid and waives any and all claims against Auctioneer and/or Seller relating to asset photographs or descriptions. Photographs are provided solely for the bidder's convenience and shall not be construed to create representations or warranties of any kind pertaining to the assets. Auctioneer undertakes no investigation of that information, and makes no representation or warranty concerning the truth or completeness of that information. Auctioneer relies on information about assets in the Auction provided by the Seller. In such circumstances, Auctioneer recommends that Purchaser contact the software manufacturer directly to resolve any such issues. In the event that a Seller's software is included in an asset sale, notwithstanding the disclaimers set forth above, Auctioneer makes no representations or warranties regarding the Purchaser's right to use such software, as to the performance of the software, its non-infringement or otherwise. Assets are intended to be sold without software, if any is applicable. Auctioneer will announce if any item carries a manufacturer's warranty at the time the item is offered for sale. ![]() AUCTIONEER AND SELLER EXPRESSLY DISCLAIM ANY WARRANTY OF TITLE, MERCHANTIABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NEITHER AUCTIONEER NOR SELLER MAKES ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE NATURE, QUALITY, VALUE OR CONDITION OF ANY ASSET. ALL ITEMS ARE SOLD "AS IS, WHERE IS" AND WITH ALL FAULTS. Bidders shall examine or inspect items prior to the auction. In the event of any dispute concerning the winning bid price for an asset, the record kept by Auctioneer shall control. No returns or refunds will be permitted, unless authorized by the Seller in writing. In the event of a dispute among bidders, Auctioneer may, in its sole discretion, either accept what it deems to be the final bid or solicit further bids on the item in dispute. Further, Auctioneer, and/or its affiliates or subsidiaries, may bid at the Auction either for its own account or on behalf of a third party. ![]() Auctioneer reserves the right to reject any bid that is only a minimal increase over the preceding bid, that is not commensurate with the value of the item being offered or that Auctioneer believes was made illegally or in bad faith. Auctioneer's Right to Reject or Accept Bids.All items will remain in the possession of Auctioneer until full payment has been received from the Purchaser. All assets in the Auction shall be sold to the highest bidder provided, however, that some assets may be auctioned with minimum reserve prices and/or subject to Seller's right of confirmation. Auctioneer will have sole and complete authority over the conduct of the Auction and any decision of Auctioneer with respect to the conduct of the Auction and any decision of Auctioneer with respect to the conduct of the Auction and the acceptance or rejection of any bid shall be final. ![]() The Auction will be conducted in accordance with California Commercial Code 2328 and California Civil Code Sections 23 along with these Terms and Conditions.
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