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Parker Hannifin Manufacturing - Cylinder Division Europe

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On behalf and for account of Parker Hannifin
High quality metalworking machinery and factory equipment due to site closure to be sold in an online auction
Featuring:
  • WMW DLZ 1000 II Deephole drilling machine
  • WMW DFS 2/2-CNC-Si 3T CNC lathe
  • WMW UNION BFT 80/2 Table boring mill
  • WMW HECKERT FBDW 400 x 2000 Entrance bed-type milling machine
  • DIEDESHEIM V60-22 Double vertical turning and boring mill
  • MANDELLI NC PLASMA Machining centre
  • CHIRON FZ 22 L vertical Machining centre
  • ROTEC Washing/Drying/Painting plant
  • LPW Hard chrome unit
  • and many more

Notice to purchasers:
Buyers premium: 16%
VAT/Tax: 19%
Inspection details: 25.04.2012 and 03.05.2012 from 12.00 - 15.00 CET by appointment only.
Payment date: 10 May 2012
Payment type: Wire Transfer
Collection date: 15 June 2012
Additional notes: Payments have to be made and confirmed within 48 hours of auction end.
Currency: Euro
Auctioneer: GoIndustry AG


Specific auction terms & conditions:

1.         The services provided by the relevant GoIndustry DoveBid Group Company (“Auctioneer”) are governed by these Terms and Conditions.  By participating in this auction, you consent to be bound by these Terms and Conditions as well as by any additional terms that may be imposed by the seller or announced at the auction, included within the Notice to Purchasers and/or set forth on individual asset lot pages.  For the purposes of these terms and conditions, we refer to any person or entity registering to offer or offering to buy goods as a "buyer" regardless of whether any contract of sale is concluded.

2.         All potential buyers must register online at www.go-dove.com.  Auctioneer may, in its sole discretion, deny registration to any person or entity.

3.         All assets in the auction shall be sold to the highest bidder; provided, however, that some assets may be auctioned with minimum reserve prices, and/or subject to seller’s right of confirmation.  The reserve price may be decreased by the Auctioneer or seller at any time before or during the auction. The reserve price may be decreased to the level of the highest Autobid if that bid is below the current reserve price with the effect that the highest Autobid may be accepted. Auctioneer reserves the right to reject any bid that is only a minimal increase over the preceding bid, that is not commensurate with the value of the item being offered or that Auctioneer believes was made illegally or in bad faith. Further, Auctioneer, may bid at the auction either for its own account or on behalf of a third party (including on behalf of sellers but, if on behalf of sellers not at or in excess of the reserve price).  In the event of a dispute among buyers, Auctioneer may, in its sole discretion, either accept what it deems to be the final bid or solicit further bids on the item in dispute.  All sales are final.  No returns or refunds will be permitted, unless authorized by the seller in writing.

4.         In the event of any dispute concerning the winning bid price for an asset, the record kept by Auctioneer shall control.

5.         Buyers shall examine or inspect items prior to the day of the auction.  ALL ITEMS ARE SOLD AS IS, WHERE IS AND WITH ALL FAULTS.  NEITHER SELLER NOR AUCTIONEER MAKES ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE NATURE, QUALITY, VALUE OR CONDITION OF ANY ASSET.  AUCTIONEER AND SELLER EXPRESSLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  Assets are intended to be sold without software, if any is applicable.  In the event that a seller's software is included in an asset sale, notwithstanding the disclaimers set forth above, Auctioneer makes no representations or warranties regarding the buyer's right to use such software, as to the performance of the software, its non-infringement or otherwise.  In such circumstances, Auctioneer recommends that buyer contact the software manufacturer directly to resolve any such issues. 

6.         Auctioneer relies on information about assets in the auction provided by the seller.  Auctioneer undertakes no investigation of that information, and makes no representation or warranty concerning the truth or completeness of that information.  Photographs are provided solely for the buyers' convenience and shall not be construed to create representations or warranties of any kind pertaining to the assets.  Buyer acknowledges that it has had the opportunity to inspect all assets prior to tendering its bid and waives any and all claims against Auctioneer and/or seller relating to asset photographs or descriptions.

7.         A discounted buyer's premium of 16% of the bid price will be added to the purchase price for each lot for buyers who pay in the form of cash, cashier's check, company check (with a letter of guarantee) or wire transfer within 72 hours from receipt of Auctioneer’s invoice; the full buyer's premium of 18% shall apply for buyers who pay via credit card and all other buyers that do not remit payment within 72 hours from receipt of Auctioneer’s invoice.

8.         Collection of applicable taxes will be in accordance with the laws of the jurisdiction in which the purchased asset is located.

9.         Each successful buyer must pay a 25% deposit toward the purchase price immediately following the successful bid.  Buyers expressly authorize Auctioneer to use their credit card to satisfy the deposit amount.  If a buyer fails to make a timely deposit, Auctioneer and the seller may resell the items in question without notice.  Full payment of the purchase price is due at the earlier of (i) 48 hours after the buyer has received an invoice, or (ii) the close of business on the third business day after the auction but in any event by the Payment Date set out in the Notice to Purchasers.  Without limiting the foregoing, full payment of the balance of the purchase price is due prior to removal of any purchased assets.  In the event that a buyer fails to pay the entire purchase price (in addition to the buyer’s premium and any applicable tax) within the time specified by Auctioneer or otherwise fails to comply with these Terms and Conditions, Auctioneer and the seller will retain the deposit as liquidated damages without notice.  Auctioneer and the seller reserve the right to resell such items without notice, and the defaulting purchaser shall be liable to Auctioneer and seller for any resulting deficiency, including costs incurred in storing and reselling such assets.  In the event of such resale, the defaulting purchaser shall be liable to Auctioneer and seller for any resulting deficiency, including costs incurred in storing and reselling the assets in question.

10.        Auctioneer accepts the following methods of payment: cash, cashier’s check, and wire transfer made payable to Auctioneer also will accept a company check if it is accompanied by a letter from the company’s bank guaranteeing payment in full, without condition and upon demand. Auctioneer will also accept VISA®, MasterCard®, American Express® if so indicated in the Notice to Purchasers.

11.        By participating in an auction, each buyer represents, warrants and covenants that (i) it shall not misrepresent its ability to close the transaction pursuant to the terms and conditions of sale, (ii) it has the capacity to close the transaction, (iii) it has actual authority to enter a bid, and to enter into an agreement to purchase the item, and (iv) any bid it makes on an item constitutes an irrevocable offer to buy the item for the full amount of the bid.

12.        Auctioneer may, in its discretion, offer the assets for sale by the piece or by the lot.  In addition, Auctioneer may augment an auction with assets from various sellers.  These assets may be interspersed throughout the auction.  The seller has the right to remove assets from the auction either before or after bidding has completed.  In the event of a removal after bidding has been completed, the purchaser’s sole remedy shall be the refund of any purchase price actually paid.

13.        Auctioneer will announce any additions to or deletions from the catalog on the day of the auction.  Auctioneer and the seller assume no responsibility for, and make no representations or warranties concerning, descriptions of assets contained in marketing materials for the auction.  It is the buyers’ obligation to verify such descriptions prior to the auction.

14.        Neither seller nor GoIndustry DoveBid shall be liable, in contract, tort (including negligence) or for breach of statutory duty or in any other way for:

            (a)        any loss arising from or in connection with loss of revenue, profits, contracts or business or failure to realize anticipated savings or profits;

      (b)        any loss of goodwill or reputation; or

            (c)        any indirect or consequential losses suffered or incurred by Buyer,

arising out of or in connection with these Terms and Conditions and any of the actions or events contemplated within them or deriving from a sale of goods pursuant to them (“Relevant Events”).

The aggregate respective liability of Seller or GoIndustry DoveBid in respect of any other loss or damage suffered by a Buyer and arising out of or in connection with these Terms and Conditions or arising out of or in any way connected with any Relevant Events, whether in contract, tort (including negligence) or for breach of statutory duty or in any other way, shall not exceed (i) in the case of the Seller, the amount of the purchase price paid by the Buyer; and (ii) in the case of GoIndustry DoveBid the buyer’s premium paid by the Buyer, in each case in respect of the goods which are the subject of the claim. 

The Buyer undertakes to defend (by counsel satisfactory to GoIndustry DoveBid) and indemnify GoIndustry DoveBid and Seller and hold GoIndustry DoveBid and Seller harmless from and against any claim, demand, cause of action, liability or expense (including attorneys' fees and costs) asserted against or incurred by GoIndustry DoveBid, the Seller or any third party in connection with the sale, removal, shipment or use of any purchased assets or a breach by the Buyer of these Terms and Conditions. 

15.        Auctioneer will announce the removal, or "check-out" in the Notice to Purchasers. Auctioneer shall have no responsibility to disconnect utilities to the sold asset, including electric, gas, waste and water lines. It is the buyer's sole responsibility to arrange and pay for the removal,  shipment and insurance of purchased items. Also, it is the buyer's responsibility to provide, and/or ensure their agent(s) performing removals on their behalf provide, upon demand, evidence of valid insurance policies with reliable insurance companies, providing the types of coverage and in the amounts more particularly described in the Sample Required Insurance Certificate located in the Shipping Information section of Auctioneer’s website and such other insurance as may be required by any governmental authority, including workers' compensation insurance. Removal shall be conducted responsibly and with due care for the seller's premises. Auctioneer reserves the right on any sale to require that all buyers utilize the services of the movers/shippers/riggers to those listed on Auctioneer’s website under “Directory of Shippers” and/or those listed on the sale website as “exclusive, approved” for a particular auction.  The buyer shall restore and repair all real and personal property that is altered or damaged as a result of the removal of purchased items. If the buyer does not remove an item within the announced check-out period, Auctioneer and the seller may, in their sole discretion, deem the item to have been abandoned by the buyer and the buyer will have no further rights with respect to the item. Notwithstanding the foregoing, Auctioneer and the seller reserve the right to charge the buyer for the costs of storage beyond the check-out period.

16.        Buyers acknowledge that an auction site or the seller’s site is a potentially dangerous place.  Flammable, noxious, corrosive and pressurized substances may be present.  Heavy equipment may be operated, and electrical circuits may be live.  Every person enters such site at his or her own risk with notice of the condition of the premises and the activities that will be or have been conducted on the premises.  Buyers shall so advise their agents and employees.  No person shall have any claim against Auctioneer, the seller or their respective agents or employees for any injuries sustained or for damages to or loss of property that may occur at such site.

17.        International Statutory Compliance Exclusion.   It is expressly brought to the Buyer's attention that, at the time of sale, any asset for sale in this sale:

(a)        may not necessarily comply with the Health and Safety at Work Etc. Act 1974, Environmental Protection Act 1990 or any other UK and/or EC Acts, Regulations, Directives or their applicable laws or equivalent or similar laws in any relevant jurisdiction or; and

(b)        could contain blue or white asbestos, hazardous substances, dangerous chemicals etc. which if not handled correctly during their removal from a site could be in breach of the Health & Safety at Work Etc. Act 1974, Control of Substances Hazardous to Health Regulations 2002 or any other current legislations covering the use of such substances in a working environment in the UK, the EC, the United States or any other relevant jurisdiction.  GoIndustry DoveBid has no duty to remove any hazardous substances that are contained in or are a part of any asset.  

The Buyer undertakes to (i) remove, ship and use any purchased plant and equipment within any relevant jurisdiction in a way that does not contravene any relevant legislation and in full compliance with all applicable health and safety standards and regulations; and (ii) comply with all current applicable legislations in any relevant jurisdiction and reasonable instructions by GoIndustry DoveBid in relation to the removal/disposal of waste including hazardous waste.

18.        The Buyer agrees to comply with all applicable export control and related laws and regulation and not to violate any applicable local, state, national or international law, statute, ordinance, rule or regulation.  Buyers acknowledge that GoIndustry DoveBid is not the exporter of any purchased asset unless expressly stated. GoIndustry DoveBid makes no representation or warranty concerning, and has conducted no investigation to ascertain which assets, if any, constitute, for example, “Restricted Technology” for US law purposes or whose export is otherwise restricted under applicable law. GoIndustry DoveBid and/or the Seller reserves the right to cancel or rescind any sale at any time in the event it determines, in its absolute discretion, that the sale does or may violate applicable export or import control or related laws and regulations. 

19.        These Terms and Conditions, and all questions with respect to the interpretation of these Terms and Conditions, shall be governed by and construed in accordance with the internal laws of the State of Maryland, without regard to conflict of laws provisions.  All buyers expressly consent to personal and exclusive jurisdiction in the courts of the State of Maryland located in Baltimore.

GoIndustry DoveBid
July 2011

Seller Terms and Conditions

Parker Hannifin's General Conditions of Sale of Equipment

1. NO WARRANTY: ALL EQUIPMENT IS PURCHASED AS IS WHERE IS . PARKER HANNIFIN MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE NATURE, QUALITY, VALUE OR CONDITION OF THE GOODS OR ITS SUITABILITY FOR ANY USE. PARKER HANNIFIN MAKES NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER EXPRESS OR IMPLIED WARRANTY.

2. Loading: All loading, handling and transportation costs are for Buyer's account unless otherwise agreed to in writing.

3. Payment: Buyer will make payment in full, including all applicable taxes and duties, before removal of the equipment. Any partial payments for equipment made to Parker Hannifin are non-refundable. Payment will be by certified check, bank money order or company check, at Parker Hannifin's discretion. A refund to the Buyer, or additional payment by the Buyer shall be made to account for differences in quantities received versus quantities bid. Buyer shall advise Parker Hannifin in writing of any discrepancies within 48 hours of collection. Unless the parties otherwise agree all sales shall be in US currency.

4. Taxes and Duties: The price agreed for the equipment is exclusive of taxes, duties and other charges that may be levied or due thereon, which shall be the responsibility of, and be borne by the Buyer, unless otherwise agreed between the parties. Buyer agrees to pay sales or use taxes or other taxes, charges, duties or fees required to be paid by the Buyer or collected by Parker Hannifin by reason of this sale, or to provide Parker Hannifin with a valid tax exemption certificate. Any customs duty and taxes applicable will be for Buyer's account, and any import/export licenses required must be arranged by the Buyer. Buyer agrees to indemnify and hold Parker Hannifin harmless from any liability and expense by reason of Buyer's failure to pay any required taxes, duties, charges or fees.

5. Title Transfer: Only following receipt of payment in full to Parker Hannifin will title and risk in the equipment pass to Buyer, who will then be allowed access to Parker Hannifin s premises, during normal business hours on a prearranged basis, for the purpose of removal of the equipment. Buyer shall remove the equipment within thirty days of receipt of Parker Hannifin s acceptance of Buyer's offer. In the event that Buyer fails to so remove the goods, Parker Hannifin reserves the right to assess a storage charge to Buyer, unless otherwise agreed between the parties. Once title has passed as set out herein, all risk and liability associated with equipment shall be to the account of Buyer and Buyer shall indemnify and hold Parker Hannifin harmless for any claims associated therewith while equipment remains on Parker Hannifin premises except in the event of Parker Hannifin s negligence or willful misconduct.

6. Site Safety Policies: While present on Parker Hannifin property, Buyer, including its contractor, shall comply with all federal, state and local regulations, as well as Parker Hannifin site safety and security procedures. Buyer, including its contractor, shall immediately report to Parker Hannifin all unusual incidents with potentially adverse safety, health or environmental implications, including slips, falls, equipment malfunctions, fume releases and any situation requiring first-aid or medical observation or treatment. Upon request and in other appropriate circumstances, Parker Hannifin may provide first-aid and emergency medical treatment to Buyer's , or to its contractor s, employees. Buyer agrees to indemnify and hold Parker Hannifin harmless from any claims, causes of action and/or damages resulting from injury to or death of any person, including its own or its contractor s employees, or damage to any property arising out of any first-aid and emergency medical treatment provided by Parker Hannifin hereunder, whether or not proximately caused, in whole or in part, by negligence, gross negligence or strict liability of Parker Hannifin.

7. Buyer shall advise its employees, its contractors and agents that (1) it is the policy of Parker Hannifin to prohibit use, possession, sale, manufacture, dispensing and distribution of drugs or other controlled substances on its premises, and to prohibit the presence of an individual with such substances in the body for nonmedical reasons in the workplace; (2) entry onto Parker Hannifin property constitutes consent to an inspection of the employee s person, vehicle and personal effects when entering, while on, or upon leaving Parker Hannifin property; and (3) any person who is found in violation of the policy or who refuses to permit inspection may be removed or barred from Parker Hannifin property at the discretion of Parker Hannifin.

8. If Buyer, or its contractor, in the course of removal of the equipment, causes damage to Parker Hannifin s premises (being for the purposes of this agreement the premises where the equipment is stored), Buyer will be responsible for effecting the necessary repairs or meeting the total cost of doing so as determined by Parker Hannifin, and Parker Hannifin shall be entitled to retain possession of the equipment until Buyer has either completed the repairs or paid for the cost of repair.

9. Indemnity: Buyer shall indemnify, save harmless and defend Parker Hannifin from any and all liability, loss and expense arising from or growing out of the removal, handling, use, disposition, possession, transportation or conveyance by Buyer or by any other party of said equipment except to the extent caused by the negligence of Parker Hannifin.

10. Insurance: Buyer or his representative shall carry and maintain in force at all times relevant hereto, at Buyer's expense, at least its current levels, as of the effective date of this Agreement, of Workers Compensation, Commercial General Liability, Bodily Injury, and Goods Damage Insurance, or the following minimum coverage limits, whichever is greater:

(a) Workers Compensation - Statutory; and Employer s Liability - $500,000 per accident/per employee.

(b) Commercial General Liability (Occurrence Form), including Contractual Liability, in a combined limit for Bodily Injury and Goods Damage - $1,000,000 per occurrence.

Upon request, certificates of insurance evidencing the coverage required above shall be provided to Parker Hannifin. Such certificates shall provide that the insurer will give Parker Hannifin thirty (30) days advance notice of any changes in or cancellation of coverage. Failure to request such certificates does not waive or relieve any of Buyer's insurance obligations. If in connection with the work being performed hereunder, if Buyer will not use motor vehicles on Parker Hannifin property other than designated parking areas, a letter so stating is acceptable in lieu of the automobile insurance certificate.

11. No claim of any kind, in connection with the equipment whether or not based on negligence shall be considered hereunder. Equipment shall not be returned to Parker Hannifin and Parker Hannifin shall have no liability to return all or part of the purchase price. Buyer acknowledges and agrees that purchases hereunder shall be final. In no event shall either party be liable for special, indirect or consequential damages whether or not caused by or result from the negligence of such party.

12. Warning - Hazardous Substances: Buyer is hereby put on notice and so acknowledges that the equipment may have been used or otherwise come in contact with flammable, toxic, corrosive or otherwise hazardous substance(s). Although Parker Hannifin has cleaned the equipment, such substance(s) may still be present to some extent on/in the equipment. Parker Hannifin will provide Buyer Material Safety Data Sheet(s) or comparable information concerning such substances known to be present in/on the equipment, if applicable, but Parker Hannifin does not guarantee the completeness and suitability of such information for Buyer's purposes. Buyer agrees that it is responsible for (i) determining and following the necessary health and safety precautions in all activities involving the equipment; (ii) ensuring that the equipment is not used in food, drug or other applications in which presence of such hazardous substances is legally prohibited; and (iii) notifying any other party to whom the equipment is transferred, or who otherwise comes in contact with the equipment, of the possible presence of such hazardous substances and the information provided or referred to herein.

13. This agreement is not assignable by the Buyer in whole or in part except with Parker Hannifin s written consent.

14. In the event that Parker Hannifin has any doubt at any time as to Buyer's financial responsibility, Parker Hannifin may decline to make further sales except upon receipt of cash or satisfactory security.

15. This agreement shall be governed and construed in accordance with the laws of the State of Ohio without giving effect to principles of conflict of law and the courts within Ohio will be the only courts of competent jurisdiction. This contract will not be governed by the U.N. convention on contracts for the International Sale of Goods.

16. In the event that an Article of this agreement is found to be void or unenforceable such finding shall not be construed to render any other Article of this agreement either void or unenforceable and all other Articles shall remain in full force and effect unless the Articles which are invalid or unenforceable shall substantially affect the rights or obligations granted to or undertaken by either party.

17. This agreement contains the entire agreement between the parties. There are no previous contemporary understandings, representations or warranties not set forth herein. No subsequent modifications of this agreement, including the issuance by Buyer of a Purchase Order, shall be of any force or effect unless in writing, signed by each of the parties hereto. Waiver by either party of any default by the other hereunder shall not be deemed a waiver by such party of any default by the other which may thereafter occur.

 

Date_______________________________________________

Invoice Number______________________________________

Signed_____________________________________________

Company___________________________________________

Tax Exempt #______________________________________

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Event Information
Location: Geringswalde, Germany
Started: 24 Apr 2012 4:00 AM PST
Lots closing from: 8 May 2012 4:00 AM PST
Closing Type: Concurrent
Contact Details
Contact: Tom Voss
Telephone: +49 40 18997965
Shipping Information
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