WARRANTIES – EQUIPMENT SELLS “AS IS, WHERE IS”

GPA AND SELLER FURNISH ALL AUCTION ASSETS TO BUYERS AS IS, UNSUPPORTED, WITHOUT WARRANTY OF ANY KIND. GPA AND SELLER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CONSUMER RIGHTS VARY FROM STATE TO STATE. CERTAIN STATES INCLUDING ALABAMA, CONNECTICUT, KANSAS, MAINE, MARYLAND, MASSACHUSETTS, MINNESOTA, MISSISSIPPI, NEW HAMPSHIRE, VERMONT, WASHINGTON, AND WEST VIRGINIA, LIMIT WAIVERS OF IMPLIED WARRANTIES. THE DISCLAIMERS AND EXCLUSIONS WILL NOT APPLY TO THE EXTENT CONSUMER WARRANTY EXCLUSIONS AND PROHIBITED BY APPLICABLE LAW.

While GPA makes every effort to represent the equipment to the best of our knowledge, and to convey verbal and written information, photos, and descriptions accurately. These are meant to be used only as guides. Photos may or may not depict all the good and bad ASPECTS of items. Assets are sold in their actual current condition, with all faults and defects, and with all errors of description. GPA’s liability to a purchaser will never exceed the purchase price actually paid for an asset. Bidders accept all auction assets with all faults, whether immediately apparent or not. Bidders are responsible for ascertaining actual current condition through personal inspection and careful review of the description, pictures, video and/or support documentation. Every bidder agrees that his or her decision to bid and the amount he or she bids have been based solely on his or her own independent inspection and evaluation of the auction assets.

Bidders are strongly advised by GPA to take care to satisfy all questions or concerns about the auction process, bidding process or auction assets before placing a bid. Inspection and contact information for the seller of every asset is posted in the item details for that asset. NO OPERATIONAL ASSESSMENT IS PROVIDED BY GREAT PLAINS AUCTION. GPA only reports hours and miles that are shown on the meter at the time of listing for auction and makes no guarantees that the miles/hours shown on meter are the actual miles/hours. In no event does failure to contact the seller serve as grounds for collapsing the sale, rescinding the transaction, or requesting a rebate or refund.

Buyers are responsible for the cost of auction asset mobilization, disassembly, rigging, transport, insurance, and all other costs related to physical transfer of auction assets from their location at the time auction bidding ends.

FAILURE TO INSPECT

Failure to inspect an item prior to bidding is not ground for a dispute, refusal to pay or refusal to take possession of the purchased item. If after reviewing a claim, in GPA’s judgement there is no grounds for dispute, the transaction will be considered closed. Refusal to take possession of the unit at that point will result in forfeiture of the purchase price or 25% liquidated damages at GPA’s sole discretion.

Eugene McClung Estate Auction #2