HomeMy WebLinkAbout106219 RITCHIE BROTHERS AUCTIONEERS INTERNTL - CONTRACT - AGREEMENT MISC - CONTRACT TO AUCTION GMC ELGIN EAGLE T7500 SWEEPEROCT 31 2007 10,32AM RITCHIE BROS- DENVER NO 1330 P 2
rbRITCHIE BROS. Ritchie Bros Auctioneers (America) Inc
Auctioneers 3901 Faulkner Dnve, Lincoln, NE USA 68516-4738
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Tel A 02,421 3631 Fax 402 421 1738
Internet www rbauctlon com
CONTRACT TO AUCTION
To., RITCHIE BROS. AUCTIONEERS (AMERICA) INC.
Dear sirs_
A Theundeislgncd (tnc"Owner?msnucts Rllchle Bras. AucbgnCers(Amcdce)In<(the'AuchoneeM to $ell, as osagent,the items setqut in clau$46 belowtagelherwith any eddldonalitemsdellvered
m�nesiteoNheaucbonby0wr�r�(the'Eguip+pynt� an unreserved public aucho to eld at
I nf\ Mae `� 1 on or about �gC'0 PLn Its I 30 or at such elver place or date
as Acittoree, ir)ry rd,ts sale d,guetlon deem appropriate
B The Owner Guarantor and Auctlnneeragree that the terms and conditions ofthu Contract to A=011 shad be those getout hereafter and on the reverse hereof and by executing this Contract, Owner
and Guarantor extend to Auctioneer the representaduns and warranties herein,
C. Owner shall at his cast deliver the Eulr� aa�n/im�`ay1aFe candlh ins fo runnmgord rid me ofhazardous matenel5,(a the site 011ie auction as detemtnedh
Auchonccr on or belefc_��!— 1 V L . ao M y
D owner authorizes Auctioneer to applysuch glass and peon and to carry out such weldingsremn deeming, sandblasting painting, and other refurbishing and incur expense for the mowstg, hauling,
and storage of the Equipment as Aucboncerat its sole dracretan demo one0. pad all costs plus a surcharge equal to au%of such amount shad heat the expense of and pard by Owneo provided
however, that the liability of Owner pursuant to this paragraph shall not exccad the
sum of dollars (s &.
E. Owner aWhonzes Auctioneer to supptyhsel, bmtmmsand bit morartasAcetiome+determinesnecesaaryfor the demonstmtoo and sale of the Equlpment and as costs recurred shall be at the Mann
of and paid by Owner
F Owner represents and "mom
(a) the Equipment is In a safe condition, In goad running order, free ofhatatdous materials and has never been contaminated by any hazardous material whatsoever,
Ib) the Equipment is completely and accurately, degc(lbed as set out in Clause G below,
(c) Owner Is the owner of record and beneficial nwnerof the Equipment and the Equipment is not subject to any claim by any person or to any registered or unregistered charges, bens, or interests of
any nature excepting only as fully set out In Clause G below;
lid) the Equipment lanot sublectto the collechanoraoWbOA of any taxes, lien at claims ofanyauthodry of competent iudsdlcdon of any kind and nature, mo(wat landing any past presentarfulum
use to which the Equipment may haw been, poesomly is or hereafter may be put, a.
G. Complete and accurate descriptionoftheEquipnentandanyencumbrancesandbengthereonorconmeryIntereststhereinamasfellows
I
g
WIMMOMNAM, ME
Wj; F(4 PO V.) M W14 A M
x
for any lot remrzmg more
due by Owner to Auctioneer, to he In
the reverse hereof), provided, howe
with or without notice to Gue motor
and
duly perform and observe, punctually, oath and every provisions of this Contract (including the terms and conditions printed on
liability of Guarantor shell not be affected by any extension of lime, Indulgence or any actwhatgoever Of Auctioneer done either
THIS CONTRACT TO AU 0 SIGNEDON
17)
AT
Accepted by
RITCHIE9, 5 AUC3IONEERS(Aa LA) C f
Witness as to Owner'5 and Guarantor's Signal es
Owners Bank
Branch Address
Contact
Telephone _
OWNER
Company Name
Address
Authorized Pen
NOTE Equipment rema,nsiat your risk —see
Telephone Busu
GUARANTOR
Residence
SIGN
2 ton Ili_ a hereof _ 72
7 Fax /%j v0/`
Note Declaration on page z must be completed
SIGN
el Copydghte@hie Bros Aucdgaccn(Amiata) Inc HEAD OFFICE COPY
OCT, 31. 2001 10 32AM RITCHIE UN- DENVER NO 1330 P 3
I ItKir AND CONDITIONS OF THE CONTRACTTO AUCTION
1 Owner and fWCllmheor apree
la) Owner omhofims Auttlon rp to tarty out Ime 5(.)nhPs In 10Spert o) tire 1 gVlpinplll a1 rno eappn6e of Owner, but hp old rise Stall Aurboneer bIVV a dutp L7 concur not he
rCSppnSIbIC For the rrsultc of any surh tale si a'ch, IQ) (pNa(I creditors for dettma0a omonm'. (IalmPd against the fgtdp,mwq,
(b) Atitnoneer may tarry out the auction In arcordpnce with la u9gl pm+ rdureh, and in pith mile may gimp yar Oil parts of the Equipren l Into 5u(h he's AS It Sgesfit,
(it Amolonetrls constituted as an agent only of Owner and not a pnncloal In lie "ale of the Equipment,
(d) r enller Ownrf nor any person, Corporation affiliated with or agent of Owner Shall bid on The Cquipmelro at the aucrror, In the (vcnj ONnet Is ru violation of Ihis plwlsion, chi,
Cquipmnt shall be deemed not solo the prav6ions of dotagrephs(k) Shall apply and in addition I any utility eemedm5 hereardertheOur',".;wll pay to/,ulPill cur pe con,m,ss,ou
upon relate an amount equal To Iwcnry percent (,Wi of the bid prlre
lel Owner shall dplwel (a car ten Itu) days poor to the dale of the auction all dotumems ev+deMing Owner s hilt to -he Equ,pm(lit all documents Pechored to Monster title to
the Equipment to any purthasnn property endorsor one, where oeQrVQm]p of tile Eoutpment or any pan 'hproof is capable of, or required to be mTstered, all property endorsed
documnnry nacussary, tO permit purchaser to register ownership (honer ptkromordges that without such dOcumarms the sale pore of The Fqu,pmenl is ecpeCled m bg IVrr' lhln
that crooned If the doeumprIn wee, prwrded. Oemer molmtnates and appNnts Arcliu turf its uue end lawful Acmmev ul OgA, execute and oeli cr on its behall, all document6
required W transfer title and parmJj rogrs(mdou of ownershlp of file Equipmenr by purchaser if ereuf In the ev¢nI that such documents nave not been delivered as operated,
(6 O+vnar shall
10 be responsible for any loss or ohmage to the Equipment Until the Parbtsl oL-
(A) the removal rf lire Equipment from the adcden site by be pinchaser or
(B) ocelot by Ow net of all proceeds from the Sale of the Equipment.
lit) insure the rod lonont roils N8 color able value against all per -its so drat in (he event ofdamage to or destruction orme Equipment or arry pail thereof. all nsurancra pmcetds
shall be credited to the gross proceeds of the OCcbon and palm tot made to Au( boneer fortiori fare
(A) commissuln. based on the fan cracker yilue as dere hared by Atcroneer of the damegr'd or des,royed Equipment Immedatoly pour ID such damage or
deswctlon, and
(a) repayment ofall(aslladvancfs,,folly, InadebyAuehoneerlp prom behallof0minartogeMervmh interest l'hemon,ond
(0 to lmhudolent of all out of pocketcnsts roe reftifb+5hmg or repairs done by Auctioneer prior to (he damage of destruction
Auctioneer shall not be liable to Ovmar for the loss, damage, or des)nlcbon to of at the Egapmemit and Owner hereby rdea5cs Auctloneer firm Any rli)m rMtOsls Ihlert of
oppose mh5mg out of such r"m howsoever caused,
I) (n Aucoomer may make payments on account of any registered or unragrstered charges lions nixes or other interests claimed by any person or authomy In aspect of We
Equipment whether ur not dhsAased an the reverse hereof ire order to clear title 10 the Egsuprem. and
(,q Owner shall Indolently and save harrntesa Auctioneer and any purchasers O((be Equipment against ani Silicas cgSLtbnctud(ngatomeysFen) ar damages attaaonad
by such dorms,
(h) (honer shall no(wrlhdraw the Equryrnen(orany part thereoflrom(he auction tale If Owaerlslnbfearhot(hrspmviooh in addition to other open apes which maybe assessed,
Owner shall pay to Auctloneer all amounts Auctioneer would oll envae be entitled to pursuant to paragraph o hereof upsed upon rile Farr market vplue of the vAlhdidwiI
Iauipmeni (as determined by Aucboneerl If such breach occurs wrdim qo days of the auCtlon it may damage Auctioneers business reputation and customer millions
and Auctioneer vSll not be trade whole by monetary fetompense In such event Auctioneer may at its sole option, obtain an Order for specific peffornancc and (honer
will not object
(I) OwnerauihonAs Aucironeerto utilize any Dan niche Cqu'pfnennn selling up the auction,
b) Owner I mdenmlfifs and ariye5 tram)] ess Au( Zion per against all suits actions costs or charges whatsoever arising tram any rfpresontadtns remained herein or from any bwarh of
Ownres obllgarent including but riot limited to any Inaccuracy in the description of the Equipment,
(k) Auctioneer may, if It deems necassory,re•au(hon any part of the Egmpmen[not solo or]tot paid for at the auction and Owner hereby arknowbdges that no mnnres shall be payable
by Auctioneer in respect of any part of the Equipment until such part of ilia Equipment has been Paid for In full blithe purchaser thereof,
LO The suctronsvielbovnmWt feservq the EquipmencwN be sa(d to the hlgtesebtddefand them olibe nogenomee wna6aevefby Aucnoneerae to the gross proceeds to be realized
from (he sale of floc EqurpfeRnp
(m) Owner will comply with all laws rub jIng to the sale of unit, Egmpmee[
(n) Auto create shall have alien and charge upon the Equipment and Shall be emitted. In addition to all its nghlsunder low to sane and retain pnsseNsion of the Equipment as security
1ti far and/or sell the Equipment to recover, all sun's"Ing to Amalonper hereunder AUCnoneershpllhave the nyht at its sole option, la register such hen under any person at properly
secur ry at dollar taus as may be in eRe(t
in) Auctioneer May at Its Sole dlSPehon, In tardunGban with the unreseNed public auaran offer cettaln lots to lntemolbidden, using h¢tfadamarked-rbauclloraid Uwe- Service
haweverAuatmneer shall not be liable for any clauos or costs nosing from his torture to do so
2 Omenermevocably assigns to Auctioneerall amounts due pursuant to this Contract and Auctioneer chat] apply all afnounls collected from the bale of die equipment As follows,
(a) As payment to and reimbursement of, the Auctioneer for thoStamounts allowed by tins Comtacl.
(b) for pyyment5 to hen holders and otDetS as allowed cif t(gln doctor t(9J(!q above,
(() Balance, If any, will be maded to the Owner, by prepaid post or as otherwise insttu[ted in writing, en or before the men lyfirsi (2is0 day following the auction
9, if In the opinion of the Auctioneer, there a insufficient equity in the Equipment to pay those amount allowed bythl5 COriaci then,, at the sole option afAuctioncer Thl3 Contract shell
be unenfofteable by Owner, however, notwithstanding the (ongoing. In the event the Equipment)ssold, Owntf shall pay Io AuncintO anydpgdemey arising In the event g05spNteods
collected from the sale of the Equipment are Insuffinenl to allow payment of those amounts
q Should Auctioneer be required to participate in arry action to either enforce die teals of this Contract me as a result of other activities of Owner, Auctioneer shall be entitled to recover all
its coils including lawyers IeeS on a sollolorand own client cast basis.
5 Owner authOdzes Auctlorleocto use Cortices name, eddemark or logo in advertising the auction
6 This Coillract, whgh may he amended only I writing. cc I;trup5 the entire agreement and takes (11a place of prior contraels or understandings belween the car lie and enure, to the
benefit or and is binding upon their heirs, executors admmarnror5 5pate55ors and assigns
7_ ThIS Conhati Is subleet to aAd shall be lktemoned both In and under the taws of the State to Which the auction OCaufs
g Receipt by Aua(oneeryia facsimile of a signed copy of this Can tract shall upon aueprance by Auctioneer, be Considered bm(lmg on both padres
I Solemnly declare that I am (the agent or) the Owner of the Equipment set out on the reverse hereof and as such have knowledge of the meters set moral this Conrelot to Auction and
that the repr(•sonGUenS and warranties made fleeter are accurate complete and have been made for the purpose of mducing the ACcheneet to Mcloi (he engagement (cc the We
of the Equipment
Made this,�_
in the 51ale of
U ($,$nature) (Pool Name) _
Sign
Her®
OWNER CODE
N Copy rlt cRndol IRV, Asdbneen (America) tin.
CT ACC 02 aalIOV -