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Home My WebLink AboutRITCHIE BROS AUCTIONEERS - CONTRACT - CONTRACT - MISCY " Post -its Fax Note 7671 Date g # of 3 To j' From T �1 Co./Dept. Co. Phone # - Phone # Fax # Fax # To: RITCHIE BROS. AUC71ONCERS (AMERICA) INC. Oearslrs: Rltchle Bros. AUctioneers Medea) Inc. 3901 Faulkner Udve, Uncolh, NE USA 68316-4738 Tel A02.421.3631 Fax 402,b21.1738 y �� Interrlet: www.rbouctlori.com CONTRACTTO AUCTION X the undenikned Qhe -owner,) Instructs Rltchle Bros. Aucdonaars (AmotW4 the. ghe'Aoedeneerq to sell, 0Its agent, the Itists setodt In clause G belowtogetherWlth any dddlbanal Items delivered to the site of the auction by EqUlpmenri?f an unrosorved public auction to be i�.L�%�1 on or about z or at such other piece or date as Auetbnew m at Its sole dlscratlon dawn approD tc: V. The Owner,GuerentorandAucdonecrollthatthetermsandcondldorssOFthisContmettoAuctionshedbethesesetouthereahorandantherevesehereofandtyexacutlngthisCon4ac:4Owner and Guarantor extend to Auctioneer the representational and warrandas herein; C. Ownershallathiscost,dellwrtire wpmeMfriA feeondl Ihl order of hazardous mstedolt, to the sibs of the auction as detenmlhed by Adc9ohcofohorbefare �,F,�, 7 o a OwnerauthortmAucdoncerto supply such and parts and to carryout such wedding, steam claiming, sandblelift, palnting, and other refurbishing and Incur expense forthe moving, hauling, and storage of the Equipment as Audonderat Its sole discrohoh datemrll'IM and sit costs plus a surcharge equal to so%of amount shall be at the expense of and paid by Owner, provided howevo, that the Imbllly of Owner ptirsoaht to this tidragrdph shag not amid the sumof dollars IS t; E OwneraUtholim AtIctIoneerto supply fuel, batteries and am roptor as Auctioneer determines necessary rarthc demonstration and sale OMO Equipment and ad costs Incurred shall be at the expense ofand paid by Owner: F. Owner represents and warranu: W) the 4ulament to In a safe condition, in good runriing order, Reeof hazardous materab and has never been contaminated by any hazardous material whatsoove, (b) the Equipment is completely, and aKuratety described as set out In Glatise G below (c) Owner is dteowner ofrecord and benendal owherxi the Equipment and the Equipment is hot subject to arry.ctalm by any person or to any registered of unregistered eharcesr beets, of Interests of any nature excepting only as fully set out In clause 0 below; (dl the Equi dftt Is not subject to the collection or ofthieflon of any IOWA, hens or Claims of any 91.1thorl ty ofooMpetahtludilclittlon OF any kind and retail, notwithstanding bny pdtt preterit or future usa to which the Equipment may have been, presently is or homaRef maybe put; G. Complete and accurate description afthe Equipment and any encumbrances and hens thereon or contrary Interests therein ere as follows; year of Itembescdptlon- Encumbrance Amount Owing Manufacture Manufacturer, Model, serial Number,oescriptim Holder (Ifnene,state'nIP) on Encumbrance H, Owner agifore s to payAuctlaneer an auction commission based on the gross sale price of the Equipment or any pan thereof as follows: (a) for any lot reallxing mole than $a,5oo dnd (b) 20% for any lot realizing $2,500 or less but with minimum$go fee per tot: (c) A$25 doeulnehtatlon Fee for each item of Eduloment mouldliNtltle Or reidstratidn documents. due byownxta Auotlionee, to be bound by and duly perPorm eti4 observe, punctually each and everyprovision orthls Gantract Qncluding the bands and condltlona printed on the reverse hereoN pirrtded, however. that the gabllity of Guarantor shah riot be affected by any extension of time, Indulgence or anyact whataoever of Auctloneer done either with or wlthaut notice to Guarantor. THIS CONTRACTTO AUCTION SIGNED ON 20 AT Accepted RITCHIEB AUCTIDNEE S(AMh INC. dt- WRness as to owner's and Guarantor's Signatures: 1.3 Owner's Bank: . Branch Address: Contact- _ Telephone:_ OWNER: Company N Address: Authortaid Signature:\. NOTE; Equ� Telephone: GIL4RANT Signature:', ur dsk-see paragraph s(D on the reverse hereof. J Fax Sae.�ca (S• arde.I( 7IC D AVM. -An—W 10 1. f Note: Declaration an page z must be Complotid Cust. # Owner Code: O Cuoydsht Ritchlo gres. Auznoneers rpmedcW Inc. , CTAUC-o2Rob/2'd 2LS'ON M13AN3Q WiHSI212 S069 3I1-1SlIN WHES:0T S002'02'd3S TERMS AND CONWONS OFTHE CONTRACYTO AUCTION t. Owner and Auctioneer agree: (a) owner audrodxes Auctioneer to tarty out title so erches in of die Equipment at the expense or owner, but In no case shall Auctioneer have a duty to conduct, nor be responsible forthe results of any such title search; Of) contact tieciltors to detelmine omounts clalmed against the Equipment; (b) Auctioneer may carry out the auction In accordance with Its Wisil procedures, and In paeltular maygroup vur ous parts oFthe Equipment into such lots as It sees f t; (c) Auctloneer Is constituted as an avant only of owner and not a principal In the sale or the Equipment; IQ Neither Owner, nor any person, corporation aRhisled with, or agent of owner shall bid on the Equlpment at the auction: In the event Owner Is In violation of this provision, the Equipmenlshallbcdeemadno(sold,theprayslonsofpar�ggraphr(10 shall applyandinaddition toany other remedies hnnunderthaOwnershallpay toAuctloneorascommission upon resale. an amount equal to twenty percent (zo%) offfia bid Ante; (a) Owner shall deliver to Auctioneer tan (zo) days prior W the date of the auctlon: all documents evidencing Owners title W the Equlpmenb all documents required W transfer dtle to the Equipment to any purchaser, property endorsed and, where ownership of the Equipment or any part thoroof is cepobie of, or required to be reglslered, all property endorsed documents necessary to permit purchaser to register ownership, Owner acknowledges that without such documents the sale pride of the Equipment Is expected to be less than that obtained if the documents were provided. Owner nominates and appolnls Auctioneer Its true and lawful Attorney to sign, execute and deliver on its bohalf, all documents required to transfer tide and permit reiltstration of ownership of the Equipment by purchaderthemof in tho wentthatsuch documents have not been delivered as required( (0 Ownersholl: 0) be responsible air any less or damage to the Equipment grdlthe earliest aE W rho removal of the Equipment from rho auction site by the purchasen or (B) receipt by Owner orailproceeds from the Sale oftheEquipment; Q0 insurathe IqulprwantTOIts Nil Insurable value agalnstall perils sothat Inthe went atdamage toordestruction ofthe Equipment orany part thereof, all lnsurancoprocoodo shall be denied to the gross proceeds of the auction and payment made to auctioneer fbrthwlth for, W commission, a a ed on the fair market value as determined by Auctioneer of the damaged or destroyed Equipment Imtnedlately prior to such damage a( destruction,(B) reps mentof ag cash advances, Ifany. made byAUctioneer to Aron behalfor Owhertagether with Intefesilhereom and [ roim ursemem of all out-uf-pocket costs for refurbishing of repairs done by Auctioneer prior to the damage or destruction; Auctioneer shall not be 11abte to Owner for the loss. damage, or destruction to or of the Equipment, and Owner hereby releases Auctioneer from any claim for costs, damage or expense erislhg out of such event howsoever caused; (f) W Auctioneer may make payments on account of ahy registered or Unregistered charges, flans, taxes, at other Interests claimed by any parson or authority In respect of the Equlpment whether or not disclosed on the reverse hereof In order to clear title to the Equipment; and Q0 Owrershall lndemniry and save hamrtilass Auctioneer and any purchasers of the Equipment against any and all loss, costs ( Includingaltori fees) or damosea occasioned by such Claims; Qh) Owner shall notwithdfaw the Equipremor any part thereof from the auction sale. If Owner is In breach of this provision, in addition to other damages which may be assessed, Owner shot( pay to Auctioneer all amounts Auctioneer would otherwise be entitled to ppursuant ro paragraph a hereof, based upon the falr market valve of the withdrawn Equipment (as determined by Auctioneer). If such breach occurs wlthln qo days of ibe auction It may damage Auctioneers business reputation and customer relatlans and Auctioneer will not be made. whole by monetary recompense. In such event Auctioneer may, at Its' sole option, obtain an order for spbclEc performanca and Owner will not object; (Q Owheratitharizas Auctioneer to utilize any part of the terijilment 111 Setting Up the auction; 0) Owner Indemnities and saves harmless Aucdoneer against all suits, actions. costs or charges whatsoever artSing From any representations contained herein or From any brtauh of owners obligations, Including, but not bmkod to, any Inaccuracy In the description of the Equipment; Oct AudUoneareliFltdeems necessary,re-auctionanypartoftheEquipment not sold ornotpaldfor althaauotlonand Owner hereby acknowledges that nomonies shall bepayable byAuctlonoa In respect of ary part ofthe Equipment untll such oortofthe Equipment has been paid for fit hull by the purchaserthereof; 0 The aurNonwill6awkhoutreservathaEqutpmcrRwlNbesold to the highest bidder and therewlllbenoguamntoevJnatsaeverbyAuctonactastothegrossprowedstoberealized from the Salo of the Equipment; (m) Owner wld tomply with all taws relating to the sale oriho Equipment: (t) Auctloneorshall have a lien and charge upon the Equipmentand shell be entitled. In addition to all Its rights under taw, to seize and retain possession oftho Equipment as security for, and/ce sellthe Equipment to recover, all sums owingto Auctioneer herounder. Auctioneer shag have the right at its solo option, to tegisror such lion underany personal property security or other laws as may be In effect; (a) Auctioneer may, at its sole discretion, in conjunction with the unreserved public auction, error certain lots to Interact bidders, using Its trademodred -rhouctiongld,Uve" servlce; hawevee Auctioneer shalt not be liable tar any claims or costs adsing from its failure to do so. a. owner Irrevocably designs to Auctioneer all amounts due pursuant to this Contract and AuCtloneerst all apply all amounts collected hem the sale of the equipment as follows[ (a) As payrnemta,and relmbUrsereentof, the Aucticheetforthose amounts allowed bythisContract: (b) For payments to Iron holders end others as sitmved by tlsl(0 and/oriW(Ia above: (r) Balance, If any, will be mailed to the Owner, by prepaid post or as otherwise Instructed In writing, on or baforo the two i irst (cast) day following the auction. g. if, in the opinion of the Auctioneer, there Is Insufficient equity In the Equipment to pay these amounts allowed by rhis conuactthen, at the sole dptiam of Aucdenee, this Contract shall be unenforceable by Dwneq however. norwithstandingihe foregoing, In the event the Equipment rs sold, Owner shallpaytc Aucdonooranydall ancy arising In the evelitshu sproceeds collected from the sale ofthe Equipment ere lnsulflcleM to allow payment of those amounts. 4 !s casts Includteg be rerslrfass on a sorll die in add y aCtOh to own ant either rr enforce the terms of thls Contract or as a result ofothee activities of owner. Aucuoheorsholl be ari ted to recover all 5. Owner autliodaes Auctioneer to use owners name,, badamark or logo In advordefng the auction. 6. This Contract, which may be amended only in writing, constitutes the entire agraemant and takes the place of prior contracts at understandings between the parties and enures to the benai tofand Is binding upon their hens, executors, administrators, successors and assigns. 7. This contract is cdbjoct to and shall be detemrined both In and under the laws of the State in which the auction occurs. a. Receipt byAuctionser era facsimile of a slimed Copy of this Contract shall upon acceptance by Auctioneer, be considered binding on both parties. I solemnly declare that I am (rho agent oo the owner of the Equipment set out on the reverse hereof and as such have knowledge of the matters set out in this Contract to Auetlon end that the representations and warrantles made herein are accurate, complete and have been made for the purpose or Inducina the Auctioneer to accept the engagement for tho sale of the Equipment Made this '20 % dayoLs ao n e �•r ��1fN�� In the State of /.7^ — ---- Y LJ� JQvvt S 6. Orr.(c; U ..L��i°cl�r� (Signature) D • / f P `- Name) 't ®. Y /� �• se.- O✓ O w se. �'t 1 �(�tq D copyright alkble ems. AucdUnderd IAmanca) Inc, crAuco2Rot;b�E'd ZGS'OH H3AN3Q NOil-15ME SOME 3IH0MJ OWNER CODE WFiE9:0Z-9002'02'd3S 14 rb� Rrrchle Bros. Auotlonears (America) Inc. 3901 Faulkner drive, Lincoln, NE USA $8516.4730 Tel:402-421-3631 • Fax:402-421-1138 Internet: www.rbaucton.corn SCONE®IDLE A Part of a Contract to ,Auction Company Name; Itern • Manufmotunar, Model, SaHW Number, Description • j re r _ 1• u •C �ITV,wVS + V ` e 2 fM,49T.v,e , .� 6MAMN IT-Twx on) �— Page of 9 Coavnght wrchis Bros. Aucllq m Wnetice) Inc Cr AUC-WJA R07N1 bib'd 2LS'ON Inluals Auotloneer nar 1 PAH3AN3(1 WiHMHE W 3IH01 a WUbS:01 E] Owner Code S002'02'd3S