Loading...
2021-10-26 Online Auction Listing - Sale of Motorgraderwww,soldbyassetsolutionslic,com This Auction Listings Agreement ("Agreement") Is by and between the Seller (including but not limited to its directors, officers, employees, agents, members, parents, successors, heirs, designees, predecessors, affiliates and related companies), Identified below and Asset Solutions LLC, Asset Solutions LLC and the Seiler may be referred too collectively herein as ('the Partles'),The Seller authorizes Asset Solutions LLC to sell Seller's equipment on the following online auction ("Auction"): Online Auction Listing Agreement Seiler Legal Name: . 0 5 F)kr Auction Date: 17—d ark I Seller Contact jInformation; Contact Name: Lac. pdL A 2j) ...i e wo Contact Phone: Mailing Address:.oni�i `J f'�2 ' c�'�' City: bbtca State: � ►� _ a • ..• 4►i1County: .ice Home Phone:.W-9 -x01 A -L Cell Phone:. 711. 1t-, Email Address: 9 (SK/-'y\�/cltrhr �t��� ; l�1'ra Fax Numben Expct Equipment Location (Physical Address): Circle One - Same as Seller Information: YES (skip to loading Information) - NO (provide equipment location below) Physical Address: W (40h �'� City: %r'r State: Zip Code: County: V, Contact Name at Equipment Location: ha(m.e 4pyby� Assist with Loading: Q NO If Yes, Is there a loading charge? $ Loading Dock Available: YES is Terms and Conditions 1, occlusive Listing, -The Equipment will be listed for sale exclusively and solely with Asset Solutions LLC, Seller agrees that during the time the Equipment Is listed and until the Equipment Is SOLD, Seller will withdraw the Cquipment from any other selling services at its sole cost and expense. The Equipment may not be withdrawn from the Auctlon once the Items are posted for sale by or on behalf of Asset Solutions LLC. Equipment must remain at the location advertised, unless otherwise agreed to by the Parties in writing. Asset Solutions LLC reserves the right to refuse any piece of Equipment for any reason, In Asset Solutions LLC's sole discretion, and Seller waives any and all claims It may have against Asset Solutions LLC as a result of such refusal. 2. Force Majeure; Seller agrees Asset Solutions LLC shall not be liable for delays or failure in performance resulting from acts beyond Asset Solutions LLC's control including acts of God, work stoppage, riots, acts of war, terrorist attacks, communication disruption, computer virus, power failure or natural disasters. S, Restrictions of Use: From the time the Seller lists their Equipment with Asset Solutions LLC, until the Buyer satisfactorily takes delivery of the Equipment from the Seller's location, unless noted otherwise in the description or agreed to in writing by Asset Solutions LLC, Seller may not, operate, use, lease, rent, modify, damage or alter the Equipment in any way. 4. Ownership Certification: Seller warrants that they are the lawful owner of the property or have been duly authorized to execute this agreement on behalf of the true and lawful owner of the property. Seller also warrants that they have the authority and rights to transfer property free and clear of all liens and encumbrances including, but not limited to, unrecorded liens, federal and/or state tax liens, mechanics' and materNmen's liens and claims of any creditors,Thls will be satisfied so that the Seller will transfer said property to the purchaser thereof free and dear of all liens and encumbrances. In the event of liens or encumbrances, checks will be made jointly to seller and lien holder, if proceeds do not exceed encumbrances, seller is responsible for balance remaining to ensure clear titles. 5. Titles, Seller agrees to furnish dear titles for all asset(s) sold in this auction. Seller agrees to deliver to Asset Solutions LLC the endorsed and transferrable Department of Motor Vehicle Title, Manufactures Certificate of origin and any other documents required to transfer title of the asset(s) to buyer. Before any vehicle or assets) subject to a certificate of title will be listed, Seller must deliver signed title to Asset Solutions LLC before asset(s) will be listed in any advertisement or auction. 6. Description and Indemnity: Seller will be solely responsible forthe content of all descriptions of Seller's Equipment thatwill be posted on Asset Solutions LLC`s sale brochures, website or any other printed or electronically available material, subject to Asset Solutions I-W s approval, not to be unreasonably withheld. it shall be the Seller's responsibility to verify that the Equipment orVehicle's Year of Manufacture, Serial or VIN is correct, and to'review and proofread any text descriptions, maintenance records, graphics or pictures that describe or depict the Equipment. 7. Representation: Seller will allow Asset Solutions LLC to use Seller's name as It appears above and phone number in all advertising by Asset Solutions LLC or on Its behalf, Seller warrants and represents that It is ready, Willing and able to pay any deficiency resulting from the Equipment sale, and upon the request of Asset Solutions LLC will provide proof of such, In such form as requested by Asset Solutions LLC, including but not limited to verification of the existence of sufficient funds held by Seller, a deposit in an amount determined sufficient by Asset Solutions LLC (and to be held In escrow by Asset Solutions LLC until the finalization of the Equipment sale); or a letter of credit from a reputable financial institution guaranteeing payment of any deficiency to Asset Solutions LLC, Seller (and/or seller's contact) agrees to accurately and to the best of Seller's knowledge, answer questions on repair history and condition of Equipment from potential buyers, B, soliciting Bids: Seiler agrees notto offerto sell or agree to sell any of seller's asset(s) when In contact with any potential buyers, When fielding questions of potential buyers, the Seller will only refer buyers to Asset Solutions LLC or Asset Solutions LLC's Sales Representatives and/or the Asset Solutions LLC's web site. 5, Uquldated Damages: The parties hereto agree that should Seller breach the terms of this Agreement, the damages which Asset Solutions LLC might suffer are not reasonably ascertainable because of their Indefiniteness or uncertainty. As such, Seller shall pay liquidated damages to Asset Solutions LLC in the amount of 25% of the gross selling price of the Bquipmentthat is sold or 25% of the estimated value of the Equipment that was to be sold, the Parties agreeing that such estimates reflect a reasonable estimate of the damages which would probably be caused by breach or is reasonably proportionate to the damages which have actually been caused by the breach. Should Seller breach theterms of this Agreement, he or she shall also be.liable for damages suffered by the Buyer(s) of the Equipment for Seller's failure to perform and shall Indemnify and hold Asset solutions LLC harmless In accordance with the terms of this agreement.The Parties agree that this damage provision is In addition to and not In Ile" of the service charges that are otherwise due under this agreement. 1o, Buyer Default: if the winning bidder does not make timely payment to Asset Solutions LLC forthe Equlpment purchased, the Buyer shall be considered to be in default. Asset Solutions LLC will notify Seller when the Buyer of any piece of Sellers Equipment Is In default. As the Seller of any piece of Equipment that is subject to Buyer default, the Seller shall have the following options, unless the Parties mutually agree otherwise in writing: (1) Asset Solutions LLC will offer to sell the Equipment to the second highest bidder at the Auction, at the second highest bidder's last bid price, or (z) Seller may re -list the Equipment and be sold at a future Auction. Seller acknowledges and agrees that Asset Solutions LLC shall not be liable to Seller or to any other person or entity for any losses occasioned by a Buyer Default. . 11. Insurance: Seller acknowledges it remains seller's responsibility to maintain Insurance on said items until delivery of said items to theThird-Party Buyer and agrees to hold Asset Solutions LLC harmless from said loss by fire, theft, or damage, 12. Release of Item(s): Seger shall not release any Equipment to Buyer unless Seiler has received an invoice from Asset Solutions LLC marked °Paid In Full", Seller will have Equipment ready for transportation (Asset Solutions LLC is not responsible for the preparation, transportation or the costs associated therewith, except as otherwise agreed to by Asset Solutions LLC In writing) and will release the Equipment to Buyer, only upon receipt of a "Paid in Full" invoice from Asset Solutions LLC Transportation and any and all costs associated therewith to be borne by the Buyer; preparation and any and all costs associated therewith to be borne by the Seller. 13, Disbursement of Funds: When your Equipment Is sold, the transaction closes satisfactorily, as determined in Asset Solutions LLC's sole discretlon, and all other conditions of sale have been met, Asset Solutions LLC will disburse any monles due to Seiler on such terms and conditions as provided herein, within 10 business days after the date of sale, From the gross proceeds of sale shall be deducted, in the following order, any and all: (1) amounts due to third parties which have .an Interest in the Equipment sold (specifically including but not limited to any amounts owed to Seller's .secured creditors or llenholders); (2) the service fees owed to Asset Solutions LLC; (B) Asset Solutions LLC's advertising costs, (4) storage fees, (5) Equipment preparation costs, (C) transportation expenses, (7) setup fees, (8) costs of ownership certification and lien searches; and (8) any other costs and expenses Incurred by Asset Solutions LLC related to the Equipment sale. In the event -there is a resulting deficiency after payment of such fees, costs and expensed from the proceeds, Seller shall immediately pay to Asset Solutions LLC, In cash or certified funds (or by wire transfer if consented to by Asset Solutions LLC, with Seiler to Incur any costs associated with such transfer), the total amount of the deficiency balance, in the event that Seller does not or is unable, for any reason, to make such payment, Asset Solutions LLC, in its sole and exclusive discretion, may refuse to sell the Equipment, proceed with the sale, but hold and refuse to finalize the sale until such payment Is made, to collapse the sale, and/or take any other action It deems appropriate in its sole and exclusive discretion, if It Is determined by Asset Solutions LLC prior to sale, In Its sole discretion, that there is likely to be a deficiency as a result of such sale, Seller acknowledges and agrees that Asset Solutions LLC may require the Seiler to pay an amount to Asset Solutions LLC which equals the amount of the potential deficiency, as calculated by Asset solutions LLC In its sole discretion. 14, Jmrisdictian and Venue: This Agreement shall binding an%-961kq ve when signed by a representative of Asset Solutions LLC, shall be deemed to have been enter Into In and shall be governed and construed In accordance with the laws of State o Seller knowingly and voluntarily consents and submits to the jurisdiction of the State of for the purposes of adjudicatlncg all rights and liabilities of the Parties pursuant to this Agreement. 15, Guarantees: It is understood that Asset Solutions LLC Is unable to guarantee a specific selling price for Items sold through auction format. Does anv Item listed forthe Auction have a llen of any kind filed against it? if YES, please complete Lien Holder info below, Item Year, Make, Model & VIN or I lien Holder's Name, Address & Other I I Lien Holder Account or Phone Nun�her Identificatlon No. indentifying Info (f.e.UGCPlnancing$tate,uantNo,) loan No, Absolute Auction: Seller understands and acknowledges that Seller is extending an Irrevocable offer to sell the Equipment to the highest bidder at the Auction of such equipment. Seller may not set a reserve price for their Equipment. An Absolute Auction includes no minimums, no reserves, no one bidding for the Seller, and no buybacks. Reserve Auction: Seller establishes a minimum price that the Seller is willing to accept for an. item. in a Reserve price auction, the seller Is only obligated to sell the item once the bid amount meets or exceeds the Reserve Price. A seller can lower, but cannot ralse,the Reserve price, Prior to the auction, an upfrontfee must be paid to Asset Solutions LLC in order to sell Equipment with a Reserve price, Reserve fee is determined from the price set as minimum. Service Fees A commission shall be paid in consideration of Asset Solutions LLC's services in selling the Property. Seller agrees to pay to Asset Solutions LLC a Seller's Commission In the amount of 15 % of the Total Gross Sales price of all or any portion of the Property sold at the auction. A Buyer's Premium in the amount of -,6, % will be charged to the Third -Party buyer. if no commission percentage or Buyer's Premium applies, Asset Solutions LLC shall collect a flat fee of $ If Reserves apply, upfront Reserve fee shall be $ — I have read, understand and agree to Asset Solutions LLC's Terms & Conditions. I acknowledge my request to list the Equipment with Asset Solutions LLC is In accordance with Asset Solutions 1.1-07erms & Conditions and all applicable laws, This Agreement may be executed In counterparts and transmitted by facsimile machine, telecopier, electronic mall, or PDP, each of which shall be deemed to be an original of the Agreement, Owner,, f �� r` Asset Solutions LLC Agent:�?c a.tu ra�°fir (,S�° Print Name PflntName owner: Asset Solutions LLC Agent: Signature Stc�nature owner's Phone No,: 40 Z' q? -Jo q i i t Asset Solutions Agent's Phone No.: 0(9 a r w r 0 ro� a s t � ��� 1 i � i � � � .:a �. 7 � d � a � � ' I a �, `\u m �' a r w r Auction Type Online Auctions On -Site Auctions Updated: Today, Nov 2, 20219:31 AM Get Shipping Quotes Apply for Financing Buying'AAT WITH Check Power oANT �a r LOT #: 7900r Save Online Auction . 1987 DEERE 570A .. Motor Graders AuctionTime.com Q 33 1987 JD 570A Motor Grader Service records in pictures Blair, Nebraska comes with service manuals ran when disassembled needs Seller Information new radiator and water pump Mechanic removed cylinder head to have it gone through by machine shop Call Lowell Kubie at City of Blair to view or questions 402 427 4067 xoller Hours: 3158 Opening id: ON Vid(--o ROPS: Enclosed USD $100.00 Ghat Serial Number: thewBuyer's Premium DW570AX506846 Bidding Opens: Q View � Condition: Used Wed, Nov 10, 2021 5:00 PM De�ail� Time Remaining: 14 Days 13 Hours Financial Calculator Updated: Today, Nov 2, 20219:31 AM Get Shipping Quotes Apply for Financing Buying'AAT WITH Check Power oANT �a r