Lot #376Cummins 855 Eng

Fraser Auction Service Ltd, Terms & Conditions of sale:

By participating in this auction, the bidder agrees to the following terms & conditions.

BUYER FEE of 3% with MAX of $1000.00 per lot applies.

1. All Bidders must be 18-years of age or older.

2. All items must be paid in full immediately after auction ending. All payments not received or postmarked with in 5 days will incur an additional 5% late payment fee on total invoice. An additional 5% will be added every 7 days until payment is received. The Bidder agrees to pay all reasonable fees, including but not limited to lawyer fees, bank fees, and collection costs incurred by Fraser Auction Service Ltd in its efforts to collect unpaid funds from Bidder. Items purchased are to be picked-up and removed from sale site by purchaser with in 7-10 days of sale date. “UNLESS other arrangements have been made with the Sellers.

3. Payments accepted by (Bank Wire $20.00 fee), (Visa/Maser Card 3% fee), (E-Transfer), Debit Card, Cash, Cheque with photo ID. All final bids may be subject to GST, PST and applicable fees which will be added to invoice. Purchases of $50,000.00 or more will require a bank letter of Good Standing from Buyer’s financial institution when payment is issued by personal or company cheque. (Not required if payment is by Bank Wire or E-Transfer). Fraser Auction Service Ltd also works closely with FCC, MASC, Calidon Leasing, and other financing companies. If you plan to buy using one of these financing partners arrangements must be made with Fraser Auction Service Ltd, prior to bidding. Letters of guarantee from these financing partners will be deemed payment by Fraser Auction Service Ltd and paid receipts will be issued for such.

4. Payment must be made payable to Fraser Auction Service Ltd in full. After Fraser Auction Service Ltd receives payment Buyer will be issued a paid in full receipt, after which, Buyer shall contact Seller to arrange for removal of purchases from sale site. Buyer must present PAID invoice to seller before purchases will be released. All purchases are to be removed by the date set out for each sale. All purchases are the responsibility of Buyer at the close of bidding on auction day. Fraser Auction Service Ltd cannot guarantee Buyer access to sale sites, and Fraser Auction Service Ltd cannot be held liable for any purchases not picked-up by dates set for removal.

5. All Items are purchased CAVEAT EMPTOR “as is” “where is”. Fraser Auction Service Ltd strongly advises buyers to perform their own detailed inspection of items prior to bidding. The detailed information on each lot is limited in scope, and Fraser Auction Service Ltd has not inspected any aspects or components of the equipment other than those expressly set forth herein. We make no representations or warranties, expressed or implied, concerning the items or their components, including without limitation any representations or warranties concerning functionality, conformity, or compliance with any safety standard or requirement of any applicable authority or regulatory body, fitness for any purpose, or merchantability. Fraser Auction Service Ltd is not responsible for incorrect listing information, if any. Fraser Auction Service Ltd has attempted to provide accurate descriptions of all items, however it is the bidder’s responsibility to determine the condition and suitability of each item.

6. CAVEAT EMPTOR: All sales are final. There are NO RETURNS, NO REFUNDS.

7. Fraser Auction Service Ltd does not carry insurance on any items sold. That responsibility lies with Buyer at the time the bidding closes on each item.

8. All registration information the bidder provides to Fraser Auction Service Ltd, shall be current, complete, and accurate. All bidders are responsible for any bids placed under their bidding numbers and passwords (DO NOT SHARE THIS INFORMATION, YOU ARE LIABLE). Bidders must notify Fraser Auction Service Ltd, if they believe that their bidding number and password have been compromised. Bidder accepts that Fraser Auction Service Ltd, will use the email they provide for future correspondence that Fraser Auction Service Ltd, deems necessary regarding current or future sales, bids, bidding accounts, purchases, and or invoices.

9. Fraser Auction Service Ltd reserves the right to refuse, and or revoke any Buyer the privilege of bidding, at any time.

10. By submitting a bid in the name of a business entity or corporation, the individual submitting the bid enters into a guaranty agreement whereby he or she personally guarantees payments to Fraser Auction Service Ltd of any bid amount not paid when due by the business entity or corporation, for any reason, together with all collection expenses incurred to enforce collection, including reasonable lawyer fees.

11. If for any reason Fraser Auction Service Ltd, is unable to make available or deliver any Purchase, or portion thereof, or documentation required in respect of any Purchase, the sole liability of Fraser Auction Service Ltd, if any, shall be the return of monies paid in respect of such Purchase upon its return to sale site by Bidder.

12. In the event there are technical difficulties related to the server, software or any other online auction-related technologies, Fraser Auction Service Ltd, reserves the right to extend bidding, continue bidding, or close the bidding. NEITHER THE COMPANY PROVIDING THE SOFTWARE nor FRASER AUCTION SERVICE LTD, SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON. Email notifications will be sent to registered bidders with updated information as deemed necessary by Fraser Auction Service Ltd.

IF YOU ARE THE WINNING BIDDER AND DEFAULT BY FAILING TO ADHERE TO THESE TERMS & CONDITIONS YOUR ACCOUNT WITH FRASER AUCTION SERVICE LTD WILL BE SUSPENDED.