BIDADOO MAY OR MAY NOT BE THE OWNER OF THESE GOODS. WHEN NOT THE OWNER, BIDADOO ACTS MERELY AS A BAILEE ACTING ON BEHALF OF THE SELLER (“CONSIGNOR”) TO FACILITATE THE SALE OF THE GOODS BY HOLDING OR REPRESENTING THE GOODS UNTIL SUCH TIME AS A SALE IS COMPLETED AND THE GOODS ARE SHIPPED OR PICKED-UP TO THE BUYER.
All items are sold “AS IS”, “WHERE IS” and “WITH ALL FAULTS”. BIDADOO AND ANY CONSIGNOR SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
bidadoo nor Consignor makes any representation or warranty, express or implied, as to the nature, quality, value or condition of any item, nor that goods conform to any standard in respect to safety, pollution or hazardous material or to any standard or requirement of any applicable authority, law or regulation. Buyer agrees to repair and maintain, at his cost, any goods purchased to a safe operating condition and, without limitation, to a condition which meets any standard or requirement of any applicable authority, law or regulation including those concerning any use to which the goods may be put.
Any information supplied by any employee or agent of bidadoo Inc., in any form whatsoever, is intended solely as general guidance for use by bidders and buyers of bidadoo Inc. All descriptions and conditions of equipment in this listing are believed to be correct and have been conscientiously set forth by the owner and/or bidadoo Inc. However, neither the owner nor bidadoo Inc. are responsible for any errors in description or condition. The equipment is available for inspection and the descriptions and conditions as set forth on each piece are merely a guide, and in no way a warranty or guarantee, expressed or implied. It is the responsibility of the Buyer to inspect all equipment and to make his own inquiries prior to bidding.
Purchases shall become the responsibility of the Buyer and shall be at the risk of the Buyer following the end of this auction. It shall be the responsibility of the Buyer to insure this purchase following the end of this auction. Bidadoo will not be responsible for loss or damage to any property following the end of this auction. The Buyer agrees to obtain all permits and certification as required by law for use, and maintain or modify all purchases as required by law. While personnel at loading sites may assist Buyers, Buyer assumes all responsibility and liability for the loading, securing, transportation, and unloading of purchased goods. Buyer to hold bidadoo harmless for any property damage or injuries related to the loading, securing, transportation, and unloading. Freight and Transportation. The Buyer is responsible for all freight and other costs related to transporting the goods from the posted auction location. These costs include, but are not limited to, certificates and/or permits required to move the goods within or across state, province and/or country borders. Buyers are advised to have all such certificates and permits issued and completed prior to transporting the goods; otherwise Buyer may be subject to cleaning, permit, and/or other fees if the goods are stopped and held at a Port of Entry to a state, province or country. Buyers may arrange transportation of goods through bidadoo or through a third party, but bidadoo will not be liable for any acts or omissions arising from such third party transportation and claims no responsibility for the actions of any transportation provider. Buyers may not transport the goods until full payment (including any applicable sales tax and Handling Fees) have been received by and posted by bidadoo.
Buyer, whether acting as principal, agent, officer or director of a company or otherwise, in any capacity whatsoever, and the company he represents, both jointly and severally agree to indemnify and save harmless bidadoo, its affiliates and subsidiaries, and their respective directors, officers, employees, agents, shareholders, partners, successors and its Consignors for any and all actions, cases of action, suits, damages, costs and losses of any nature, arising from the purchase or use of any item. Buyer further agrees that all rights and defenses available to bidadoo hereunder shall extend to the Consignor.
Buyer acknowledges that the Auction Site and anywhere the property to be sold is located or displayed is a potentially dangerous place. Heavy equipment is being operated, potentially dangerous materials may be present, electric circuits may be live, and other potential dangers may exist. Each person at the Auction Site (and other areas where the property is located or displayed), at all times shall be there at their own risk. No person shall have any claim against the Auctioneer, their agents, employees or principals for any injuries sustained or death to any person or persons whomsoever nor for damages to or loss or property which may occur from any cause whatsoever. Buyer also acknowledges responsibility for any injury or death to any person or persons whomsoever or property damage caused by Buyer, his agents or his employees.
BIDADOO ENTIRE LIABILITY TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO THE SALES PRICE OF THE RELEVANT GOODS AND $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
California Buyers Note:
"When operated in California, any off road diesel vehicle may be subject to the California Air Resources Board In-Use Off-Road Diesel Vehicle Regulation. It therefore could be subject to retrofit or accelerated turnover requirements to reduce emissions of air pollutants." For more information, please visit the California Air Resources Board website at http://www.arb.ca.gov/msprog/ordiesel/ordiesel.htm.
"An on-road heavy-duty diesel or alternative-diesel vehicle operated in California may be subject to the California Air Resources Board Regulation to Reduce Particulate Matter and Criteria Pollutant Emissions from In-Use Heavy-Duty Diesel Vehicles. It, therefore, could be subject to exhaust retrofit or accelerated turnover requirements to reduce emissions of air pollutants.” For more information, please visit the California Air Resources Board website at http://www.arb.ca.gov/dieseltruck
The Terms and Conditions of this agreement shall be interpreted, construed, and enforced in accordance with the laws of the State of Washington. These Terms and Conditions and the Sellers Agreement constitute the entire agreement between you and bidadoo Auctions with respect to the items for sale and supersedes all prior negotiations or agreements. No modifications or amendment of them will be binding unless in writing signed by bidadoo Auctions.
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