PLEASE DO NOT BID UNTIL YOU HAVE READ THESE TERMS AND CONDITIONS OF SALE. TERMS FOR ONSITE AND ONLINE ARE STATED! All bidders must acknowledge they will abide by and adhere to these terms and conditions prior to bidding. NCDOT Auction Terms: TERMS AND CONDITIONS OF SALE All property is sold “As is” and “Where is” with “All Faults” and “No Warranty, Written or Implied”. Bidders are invited to and should inspect property of interest prior to submitting bids. Reasonable opportunity will be afforded for inspection up to bid opening time, but the state will not furnish labor or materials for such purposes. The successful bidder is to assume all liability for the property after an award is made. The State will exercise its usual care for protection up to the time of removal but will not be held responsible for any loss or damage to the property after an award. The Agency reserves the right to reject any or all bids. The Agency reserves the right to withdraw any property at any time prior to an award. The description of property offered for sale has been compiled from available data, and there is no guarantee or warranty on the part of the Agency as to number, condition, or quality of property offered. Refunds or adjustments will not be made for property not coming up to the standard expected by the bidder, nor will failure to inspect the property be considered grounds for a claim. Verbal comments by custodians concerning the condition of property are not considered by the Agency nor will they be grounds for disputing an award of property. Photographs and descriptions are provided solely for the purpose of aiding you to identify items of interest. In no way should they be used in making a determination of quality or condition. Please check your bid for accuracy prior to submitting. A bid for the item cannot be edited or withdrawn by the bidder during the time the property is available on bid. The Agency does not arrange shipping of any item unless otherwise indicated in “item specific” Terms and Conditions. The agency does not provide any labor required as it relates to the packaging, loading or transporting items. Any costs associated with packaging, loading or transporting shall be assumed by the bidder. Rogers Realty & Auction Co., Inc. (AUCTION FIRM) and NCDOT (SELLER) Auction terms: Payment Instructions: Auction firm will accept payment in full by Certified Check, Visa/MasterCard, Cash, Wire Transfer. Business check or Personal check accepted if accompanied by a bank letter of guarantee that the funds are available. A 1.95% credit card fee will be added to all credit card transactions. NC Department of Revenue TAXES MUST BE COLLECTED on all non-titled assets! AUCTION FIRM must collect sales tax unless you provide a VALID EXEMPTION on NCDOR form E-595E. A 10% buyer’s premium will be added to the final bid to determine the purchase price. PLEASE NOTIFY YOUR BANK PRIOR TO USING ANY CREDIT/DEBIT CARDS (VISA AND MASTERCARD ONLY) TO AVOID ANY DELAYS IN PROCESSING! For wiring instructions call 336-789-2926, ask for Susan or Melanie. All successful online buyers must be available at the conclusion of the sale to make payment arrangements. Preview: A preview of the equipment being sold will be held on Tuesday, August 10 from 8:30am - 3:30pm at each location Removal: Dates for removal are Thursday, August 12 & Friday, August 13 from 8:30am - 3:30pm. Items must be picked up during this time - NO EXCEPTIONS. RECORDS: The records of AUCTION FIRM bookkeepers are final. There will not be any refunds or price adjustments. All sales are final. TYPE OF AUCTION: All items will be sold with reserve. CONDITION OF AUCTION INVENTORY: All items, inventory, lots, machinery and equipment are sold AS IS, WHERE IS with no guarantees or warranties. AUCTION FIRM will not be responsible for any guarantees or warranties or for the genuineness of the description of the items purchased. CATALOG: AUCTION FIRM and/or the SELLER reserves the right to add or remove any auction inventory or lots listed or printed in the catalog. Although statements printed in the program and those made by the auctioneer have come from what is thought to be reliable sources, purchaser must understand he/she is buying property entirely upon his/her own examination and opinion. The AUCTION FIRM is not responsible for accuracy of descriptions including, but not limited to, make, model, horsepower, MPG, serial numbers, engine type, condition or mileage. Descriptions may be changed up to auction day. All sales will be conducted according to applicable state laws. TITLES: Will be mailed within 15 days upon payment in full by USPS mail. Titles will not be given to the buyer on site or the day of the auction. Titles will be completed in the registered bidders name or business and address. Bidders must allow a visual inspection of their government issued ID. Bidders business name and address must be confirmed, EIN confirmation letter from the IRS or a State issued Dealer’s License. AUCTION FIRM and/or SELLER reserves the right to refuse to register or to accept a bid from any person, corporation, partnership, joint venture, or other legal entity, which for any reason does not meet the sale terms. Subject to satisfactory payment by purchaser, at the fall of the auctioneer's hammer, ownership of item, articles or vehicle passes to the bidder designated by auctioneer saying 'sold' or otherwise declaring completion of sale. Thereupon the new owner assumes full responsibility for property purchased and agrees to the terms of the sale and further agrees to immediately sign a confirmation on the purchase price. ANY ANNOUNCEMENTS MADE DAY OF SALE SUPERSEDES PRINTED MATERIAL/WEBSITE INFORMATION. UNIFORM COMMERCIAL CODE: Section 2-328 of the UCC provides federal law regarding a sale by auction. A bid is a legal binding contract between bidder and auctioneer. Failure to complete a payment in good faith, stopping payment on checks or refusing to pay for goods or assets purchased at auction may result in legal action against the buyer. INTERNET BIDDING: AUCTION FIRM is providing Internet bidding as a service to bidder. Bidder acknowledges and understands that this service may or may not function correctly. Under no circumstances shall Bidder have any kind of claim against AUCTION FIRM or anyone else working with online connections if the Internet service fails to work correctly. AUCTION FIRM will not be responsible for any missed bids from any source. AUCTION FIRM reserves the right to withdraw or re-catalog items in this auction. The AUCTION FIRM will not be liable for any faulty equipment, failure of equipment, faulty software, failure of software, lack of internet service connections or signals, or failure for any online bids that are not relayed on time to the auction company. The AUCTION FIRM reserves the right to extend bidding, delay bidding, or cancel bidding, without any notice to online bidders. DEFAULT OR DELAY: If the buyer does not pay in full for any reason they will be banned from attending auctions! The AUCTION FIRM reserves the right to reclaim and resale any assets not paid for by the online buyer. Should the resale price be lower than the defaulted buyer's price, Seller and/or AUCTION FIRM reserves the right to seek the difference from the buyer. All fees for collection, court fees, or attorney fees will be the responsibility of the original buyer that caused the default. DISCLAIMER: The AUCTION FIRM provides a catalog, descriptions and advertising that are believed to be correct but it is not guaranteed. Bidder's should rely on their own inspections and due diligence prior to bidding. Everything sells strictly AS IS. The AUCTION FIRM makes every effort to describe assets to the best of its ability but there are no guarantees as to the condition, quantity, condition, age, color, or value of the merchandise or real property sold online. Buyer agrees that buyer may not cancel their purchase for any reason. - See more at: http://rogersauctiongroup.com BUYER ACKNOWLEDGEMENT: Buyer acknowledges that he/she has read, understands, and will abide by all terms and conditions of sale. SPECIAL NOTICE: The seller and/or Rogers Realty & Auction Co reserve the right to postpone, reschedule or cancel the auction for any or no reason. LICENSES: NC Firm #685, VA Firm # 2, SC Firm #1874