CNC PIPE BENDER
25 / 89mm Schwarze Mdl. CNC80HD CNC Pipe Bender, 7.6mm wall thickness, 30 / 290mm min / max bending radius, Schwarze-Robitec PLC controls, S/N: 2012-0290 (2013)
PIPE STORAGE / RETRIEVAL SYSTEM
Interlex Type TM-EE1.1 Pipe Storage / Retrieval System, automatic with PLC, 25’ long, 4409# max load per drum, approximately 66,000# total capacity, S/N: 134158 (2015)
CNC PRESS BRAKE
350 Ton x 14’ Cincinnati Mdl. 350PFT12 CNC Press Brake, hydraulic, with 12’ between housing, crowning, foot switch, 10” stroke, Cincinnati CNC control, S/N: 55281 (2013)
.375” x 12” Standard Industrial Mdl. AS375-12 Power Shear, with squaring arm, top mounted hydraulics, front supports, Cybelec “Cybtouch 6” power back gauge control, S/N: F715-2239
VERTICAL MACHINING CENTER
Haas Mdl. VF2YT Vertical Machining Center, with probe, 18” x 36” table, 20-position tool changer, travels: x-30”, y-20”, z-20”, 8100 RPM, #40 taper, S/N: 1125539 (2015)
ROTARY SURFACE GRINDER
36” Blanchard Mdl. 20D-36 Rotary Surface Grinder, with coolant, neutrofier, S/N: 13667
GE Type ERESCO 42MF4 X-Ray Unit, with Siefert controller, sensing inspection, Newco x-ray enclosure with sliding door, S/N: 142399-75
PLASMA BURNING TABLE
Koike Aronson Mdl. MGM2500 “Mastergraph Series” Plasma Burning Table, with Burny 10 controls, Farr Gold Series dust collector, Hypertherm Plasma HPR260 power supply, S/N: 45465
88 Ton Sunrise Mdl. IW-88S Ironworker, hydraulic, with 1” diameter x 7/8” m.s., 6” x 6” x ½” angle, 12” x 7/8” shear, 1-3/4” round bar, 1-3/4” square, S/N: 14028677 (2014)
HORIZONTAL BANDSAWS, AUTOMATIC
20” x 30” Hyd-Mech Mdl. M-20A Programmable Horizontal Bandsaw, with mitre cut, 1-1/2” blade width, 10HP vari-speed, coolant, multi indexing, PLC controls, blade force control, S/N: T0G13842
16” x 20” Hyd-Mech Mdl. S-23A Horizontal Bandsaw, with PLC control, 8.8HP, 1-1/4” blade, mitre cut, multi indexing, band tensioning, coolant, S/N: N/A
13” x 18” Hyd-Mech Mdl. S-20A Programmable Horizontal Bandsaw, with mitre cut, 5HP vari-speed, coolant, 1” blade width, PLC control functions, multi indexing, S/N: 8C0513477
WELDING POSITIONERS & WELDERS
Approximately  500# Profax Mdl. WP-500 Tilting Welding Positioners, with 19.625” diameter tables, 900# horizontal capacity, .4-4 RPM, 0-135° angle, single phase
Over  Welders & Plasma Cutters, including: Thermal Dynamics, Miller Spectrum 2050 with Auto-Line, Miller Spectrum 1000 with Auto-Line, Miller Syncrowave 250DX, Miller Deltaweld 452, Miller SRH-444, Airco, Miller Deltaweld 451, most with wire feeders
Tip Tig High Speed Edition Wire Feed Welder
Profax / Jetline Welding Manipulator, with PLC control, Koike Aronson Ransome tailstock, digital inverter ATIG1000, track mounted
FORKLIFT TRUCKS & SCISSOR MANLIFTS
30,100# Yale Mdl. GDP330EBCCV192 Diesel Forklift Truck, with dual solid tires, high mast, 244” max height, fork adjustment, triple mast, S/N: D877E01661F
13,300# Toyota Mdl. 7FDU70 Diesel Forklift Truck, triple mast, solid yard tires, triple mast, S/N: 70368
13,000# Mitsubishi Mdl. FD704HP70BVB Forklift Truck, with double front tires, S/N: F20CE60284 (2001)
15,000# Yale Mdl. GDP155VXNCHV148 Forklift Truck, with double front tires, 212” reach, solid tires, S/N: G878V01897F
7000kg Mitsubishi Mdl. FD70 Diesel Forklift Truck, S/N: 4HP708VB
8650# Toyota Mdl. TFDAU50 Diesel Forklift Truck, triple mast, solid yard tires, side shift, S/N: 70428
7000# Toyota Mdl. 7FDU35 Diesel Forklift Truck, triple mast, solid tire, side shift, S/N: 70788
TUG Mdl. GT110 Tugger, 110,000# towing capacity, 80,000 GVW, with digital display, 4-wheel steering, S/N: GT110-5349/14
 Genie Mdl. GS-1930 Electric Scissor Manlifts, with double front tires, 212” reach, Techtronix 332 transmission, S/N: C878V01897F
 JLG Mdl. 600A Boom Type Manlifts, 1000# capacity, with 60’ boom height, diesel powered, basket load, S/N’s: 0300133006; 0300133005
JLG Mdl. 450A Boom Type Manlift, 500# capacity, with 45’ boom height, diesel powered, S/N: 0300008925 (2001)
JLG Mdl. 34HA Boom Type Manlift, 500# capacity, with 34’ boom height, diesel powered, S/N: 1095350300047236
OVERHEAD BRIDGE CRANE & FREE STANDING CRANE
50 Ton Landel Double Girder Overhead Bridge Crane, with  25 ton hoists
2000# Gorbel Free Standing Crane, with 360° floor mounted jib arm, electric hoist
Solberga Mdl. SE2030M Geared Head Drill, with 8-spindle speeds, 90-3610 RPM
Phoenix Dry Rod Oven
Advance “Captor 4800” Floor Scrubber, sit down riding type, propane operated, S/N: 1835460
Wells Cargo BBQ Trailer, with smoker, sink, double axle, S/N: WC-84-34604
BBQ Trailer, with triple axle & contents
Ridgid 535 Series Pipe Threader
Advance Mdl. 4800 Captor Floor Sweeper
Including: step ladders, hose, valve, racks, dust collectors, storage cabinets, forklift trucks, steel plate, steel beams, portable heaters, material handling carts, steel sheets, dollies, vidmar cabinets, raw material, tool boxes, hydraulic pallet jacks, heavy duty 2-door steel storage cabinets, shop fans, port-a-cool units, shop vacs, portable dust collectors, rubber floor mats, hand tools, stock stands, self-dumping hoppers, proto tool chests, vises, benches, gang boxes, bandsaws, drill presses, golf carts, magnetic base drills, jib cranes, portable fume extractors, test stands, shelving, work bench, vises, rolling stock ladders, lifting slings & chains, Enerpac units, space heaters, gasoline powered portable air compressor, electronic instruments, large quantity of valves, nuts, bolts, pipe clamps, gasket material, pins, valve plates, clamps, flange caps, parts bins, garbage pails, shop vacs, Enerpac hydraulic rams, insulators, paint pumps, burning buggy, torch carts, chillers, stock pipe stand, heavy duty storage cabinets, stainless steel pipe & fittings, heavy duty transfer carts, etc.
25 Ton Demag Mdl. AC25 “City Class” Mobile Crane, with stabilizers
25 Ton Demag Mdl. 80 AC25 City Line Mobile Crane, vehicle type K2203, diesel powered, with 80’ body length, outriggers, 21,000# total weight, chassis #WMG2203211Z000256
Buyers Premium: 16.5%
Sales Tax Rate: 8.250%
First Day of Removal: Monday, May 18th
Last Day of Removal: Thursday, June 11th
Buyers Premium: 16.5%
Sales Tax Rate: 8.250%
First Day of Removal: Monday, May 18th
Last Day of Removal: Thursday, June 11th
Special Notice on Terms & Conditions of Sale
Koster Industries Inc. or it’s representatives do not make any representation or warranties of any kind whatsoever on the machinery & equipment listed, we make every ability to describe the lots accurately, but it is up to the bidder to perform their own due-diligence IE. Not limited to Manufacturer, Model, Capacities, Attachments, Etc. prior to bidding. All Items being sold are “AS-IS” Where-Is” with no warranty. All bids that are entered is a legally binding contact with Koster Industries Inc.
All lots that are not removed from the premises within the posted terms and conditions of the auction sale are subject to a $750.00 USD a day storage charge invoiced by Koster Industries unless other arrangements have been made to our office
All Non-Payments and payments outside the terms and conditions of the auction sale are subject to being rated accordingly or blocked.
WE DO NOT SUPPLY ANY MATERIAL HANDLING EQUIPMENT FOR ANY MOVING INCLUDING FORKLIFT TRUCKS, PALLET JACKS, HAND TRUCKS, ETC.
Koster Industries Inc. does not pack, ship crate, transport or rig any items, we will provide a list of GE approved riggers / pack & ship companies information on our website as a courtesy, they are 3rd party contactors, Koster Industries is not responsible for rigging charges, damages, All Riggers Must Be Qualified or Approved by GE EHS Department - NO EXCEPTIONS
Payment Terms: Certified Check, Company Check up to $2,000 unless accompanied by bank letter of garantee, Wire Transfer. ALL PAYMENTS MUST MATCH THE COMPANY OR INDIVIDUAL THAT REGISTERED FOR THE SALE
Payment: All Payments are Due:
All Items Must Be Removed By:
By attending and/or participating in this sale event, each potential Buyer shall be deemed to have fully read, acknowledged and agreed to be bound by the Terms and Conditions set forth herein and in all attendant documents (collectively, the “Transaction Documents”):
BUYER INFORMATION: Each potential Buyer represents, warrants and certifies that it has provided (i) its full and accurate legal name and business address, and the full and accurate legal name and address of Buyer’s representative(s) attending and/or participating in the sale event of the Property, and (ii) the citizenship status of Buyer and its representative(s) and any foreign interest of Buyer or its representative(s)
PROPERTY INFORMATION. Any available information relating to the Property condition and other information from any available survey and/or inspection report is being provided free of charge by third parties unrelated to any of the Seller Parties. (Seller Parties shall mean Seller, and its affiliates and their respective officers, directors, employees, agents and representatives.) Seller Parties have no responsibility and make no representation or warranty of any kind with respect to such Property information, survey and/or inspection report. Any usage and/or reliance on any such Property information, survey and/or inspection report shall be at Buyer’s sole risk. Any specifications supplied are preliminary and not provided for the purpose of determining suitability or fitness and are subject to Buyer’s confirmation.
GENERAL TERMS OF SALE: For immediate acceptance, subject to prior sale or other disposition, and change without notice. Proposals and acceptances of orders by a potential Buyer are made with the mutual understanding that orders are not subject to cancellation. Sale and delivery date is approximate only, and contingent upon delays or nonperformance occasioned by strikes, accidents, fires, Acts of God, government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the control of the Seller.
RESERVATION OF RIGHTS BY SELLER: Seller reserves and has the right to (i) accept or refuse any and all bids and offers for any reason, (ii) withdraw from sale any of the Property listed or to sell at any sale property not listed, (iii) group one or more lots into one or more selling lots or to subdivide into two or more selling lots, (iv) whenever the best interest of Seller will be served, to sell all the property listed, in bulk, and (v) add other terms and conditions of sale, such additional terms and conditions to be announced prior to the sale. Notwithstanding anything to the contrary contained in any of the Transaction Documents, Seller shall not be required to effectuate any sale of Property if prohibited under applicable law, rule, order, or regulation, or if the proposed Buyer or Buyer’s funding source is on any government watchlist, including but not limited to any of the following lists published by the U.S. Government: (a) Department of Commerce Denied Persons List; (b) Department of Commerce Entity List; (c) Department of Treasury Specially Designated Nationals and Blocked Persons List; (d) Department of State Proliferation List; or (e) Department of State Arms Export Control Debarment List. Nothing herein shall be construed as (i) an approval or commitment of sale by Seller to any person; and all transactions are subject to product availability, final investment and compliance approval by Seller and the execution of the Transaction Documents in form satisfactory to Seller; or (ii) any guarantee or promise of pricing terms or availability thereof which may fluctuate or cease to be available depending on any change in the industry and market conditions; or (iii) constituting the creation of an agency, partnership, joint venture, fiduciary or similar relationship between Seller and any person; (iv) constituting business, financial, tax, accounting or legal advice, and Buyer should consult its own professional advisers for any such advice; or (v) a representation or warranty, express or implied, of any kind by any Seller Party, and Buyer expressly and specifically waives and disclaims and confirms that it has not relied and is not relying on any representation or warranty, express or implied, of any kind by any Seller Party.
COMPLIANCE WITH LAWS. Buyer shall comply with all U.S. export control laws and regulations. The Property sold under the Transaction Documents may be subject to the provisions of Export Administration Act of 1979 and the Export Administration Regulations promulgated thereunder, the Arms Export Control Act and the International Traffic in Arms Regulations, and the sanctions laws administered by the Office of Foreign Assets Control. Buyer acknowledges that these statues and regulations impose restrictions on import, export and transfer to third countries of commodities and related data, and that licenses from the U.S. Department of Commerce or U.S. Department of State may be required before such commodities or data can be transferred, and that such licenses may impose further restrictions on use and further transfer of such commodities and data. Buyer agrees (i) to notify Seller prior to any transfer of Property (including goods, commodities or data) purchased under the Transaction Documents to any parties outside of the United States, (ii) to provide an end-use certificate and a certification that the Property (including goods, commodities and data) purchased under the Transaction Documents will not be transferred to any end-user or for any end-use that is prohibited by U. S. law, (iii) to provide proof of any required U. S. Automated Export System (AES) filing prior to export of any Property (including goods, commodities or data) purchased under the Transaction Documents, and (iv) that Seller reserves the right to cancel any sale at any time in the event it determines, in its sole discretion, that any transaction arising out of the Transaction Documents does or may violate applicable U.S. export control or similar laws.
Buyer hereby represents, warrants and certifies to Seller of the following and upon Seller’s request, Buyer shall provide a separate signed certification of the following with respect to each Property that Buyer acquires from Seller: (a) Buyer will comply with United States or any other applicable export laws and regulations for the export, re0export, and/or transfer of the Property; (b) the Property will not be used or sold to a third party for use in nuclear, biological or chemical weapons, or missiles capable of delivering these weapons; and (c) the Property is not intended for use by sanctioned by the United States Government or by a destination subject to a United States comprehensive embargo.
BUYER DEPOSIT: If Seller accepts a potential Buyer’s offer, in consideration of Seller’s agreement to hold the Property available for such Buyer’s purchase for a period of 14 days commencing from the date of Seller’s acceptance of such Buyer’s offer (the “Target Closing Date”), such Buyer agrees to pay Seller within 24 hours of Seller’s acceptance of such Buyer’s offer a non-refundable down payment towards the purchase price in an amount equal to 25% of the offer price accepted by Seller (“Deposit”); and such Buyer agrees with Seller that (i) the Deposit will be credited towards the purchase price if the sale and purchase of the Property between Seller and Buyer is consummated on or before the Target Closing Date and the Deposit will be retained by the Seller if Buyer does not proceed with such transaction by the Target Closing Date; (ii) the Deposit is not refundable and shall be retained by Seller as liquidated damages except in the event that, Seller does not proceed with the sale of the Property to Buyer at no fault of Buyer or otherwise caused by Buyer; (iii) the Deposit will not accrue interest and Seller will have no obligation to pay any interest thereon; and (iv) Seller may commingle the Deposit with its general or other funds, and Seller will not hold any such funds as agent or in trust for Buyer or any other person or in any similar fiduciary capacity.
TIME AND MANNER OF PAYMENT: Each sale shall be contingent upon Buyer’s full compliance with all of the terms and conditions set forth in the Transaction Documents. Payment of purchase price in full by Buyer to Seller within the time required by Seller is required prior to Buyer’s removal and shipment of the Property. All payments shall be made to Seller in U.S. dollars by wire transfer or certified check. Purchase price for the Property does not include (a) any applicable taxes (including sales, use, transfer, property and other applicable taxes, whether assessed to Buyer or Seller, but excluding any taxes based on or measured by Seller’s income), or (b) any cost of professional services, installation, insurance, distribution charges, shipping, exportation, importation or any other cost whatsoever relating to the Property or re-titling and/or re-registration of the Property or Uniform Commercial Code filings; and Buyer shall be responsible for all such amounts set forth in this clause.
REMOVAL, RE-TITLING AND RE-REGISTRATION OF PROPERTY: Property sold to Buyer must be removed from the facility within 14 days from date of sale. Any and all de-installation, removal, transportation and re-installation of Property shall be at the sole expense, risk and liability of the Buyer. Seller shall not be responsible for Property sold but not removed within the time allowed, but shall have the option to remove and store at the sole expense and risk of the Buyer any Property sold whether or not paid for. With respect to Property that is a titled asset, Buyer shall ensure re-titling and re-registration of such Property in the ownership of the new owner within 60 days of the date of sale or such shorter period as required by applicable law and at Seller’s request, provide Seller with sufficient evidence of such re-titling and re-registration.
AS IS WHERE IS SALE: EXCEPT AS EXPRESSLY SET FORTH IN THE TRANSACTION DOCUMENTS, THE PROPERTY IS BEING SOLD AND DELIVERED BY SELLER TO BUYER AND PURCHASED AND ACCEPTED BY BUYER “AS IS” AND “WHERE IS”, WITH ALL FAULTS, WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE CONDITION OF THE PROPERTY, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE, except that the title to Property is free and clear of all liens or encumbrances of any person or entity claiming by, through or under Seller. SELLER MAKES NO, AND EXPRESSLY AND SPECIFICALLY DISCLAIMS (AND BUYER EXPRESSLY AND SPECIFICALLY WAIVES AND DISCLAIMS AND CONFIRMS THAT IT HAS NOT RELIED AND IS NOT RELYING ON) ANY, REPRESENTATION, GUARANTEE, COVENANT, CONDITION OR WARRANTY OF ANY KIND RELATING TO THE PROPERTY, INCLUDING BUT NOT LIMITED TO THE CONDITION OR LIEN STATUS OF THE PROPERTY (WHETHER OR NOT DISCOVERABLE), WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, ARISING BY LAW OR OTHERWISE, IN CONTRACT OR IN TORT, INCLUDING WITHOUT LIMITATION, WARRANTIES WITH RESPECT TO THE PROPERTY’S MERCHANTABILITY, QUALITY, FITNESS FOR ANY PARTICULAR USE, PURPOSE, DESIGN, CONDITION, VALUE, QUALITY, DURABILITY, OR AS TO THE ABSENCE OF LATENT, INHERENT OR OTHER DEFECTS (WHETHER OR NOT DISCOVERABLE) OR AS TO THE ABSENCE OF ANY INFRINGEMENT OF ANY PATENT, DESIGN, COPYRIGHT OR OTHER PROPRIETARY RIGHT OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW FROM THE COURSE OF DEALING OR USAGE OF TRADE. BUYER ACKNOWLEDGES THAT THE PROPERTY SOLD HEREUNDER MAY BE USED. BUYER AGREES AND ACKNOWLEDGES THAT IN NO EVENT SHALL ANY SELLER PARTY BE LIABLE FOR INJURIES TO PERSONS OR PROPERTIES, FOR LOSS OF USE, REVENUES OR PROFIT WITH RESPECT TO THE PROPERTY OR ANY LIABILITY OF BUYER FOR ANY DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. PROPERTY PURCHASED MAY NOT INCORPORATE APPROVED ACTIVATING MECHANISMS, OPERATING SAFETY DEVICES OR SAFETY GUARDS, AS REQUIRED BY OSHA OR OTHERWISE. IT IS BUYER’S SOLE RESPONSIBILITY THAT PROPERTY PURCHASED BE SO EQUIPPED AND SAFEGUARDED TO MEET OSHA AND ANY OTHER REQUIREMENTS BEFORE PLACING SUCH PROPERTY INTO OPERATION. ALL SALES OF AVAILABLE PROPERTY WILL BE FOR COMMERCIAL USE ONLY AND NOT FOR ANY PERSONAL, FAMILY OR HOUSEHOLD USE. NO AGREEMENT ALTERING OR EXTENDING SELLER’S LIABILITY FOR WARRANTIES SHALL BE BINDING UPON SELLER UNLESS IN WRITING AND EXECUTED BY A DULY AUTHORIZED OFFICER OR REPRESENTATIVE OF SELLER.
BUYER DEFAULT: In the event of default by Buyer of any of the terms set forth in the Transaction Documents, Seller may, in addition to all other remedies under law or in equity, may retain all monies received as Deposit or otherwise, as liquidated damages. Property not paid for and removed within the time allowed herein may be resold at public or private sale without further notice, and any deficiency, together with all expenses and charges of re-sale, will be charged to the defaulted Buyer. If at any time prior to payment in full, Buyer files a petition in bankruptcy or for other similar protection from creditors, or an involuntary petition in bankruptcy or other similar proceeding is filed against purchaser, then, at the option of the auctioneer, the sale may be voided by Seller at its option. The record of sale kept by Seller and its bookkeeper will be taken as final in the event of any dispute raised by Buyer.
INDEMNIFICATION: Buyer agrees to be responsible for, and agrees to indemnify, save and hold harmless Seller Parties from and against any and all liabilities, obligations, losses, damages, penalties, claims, actions and suits resulting therefrom and imposed upon, incurred by or asserted as a consequence of: (i) taxes, license fees, other fees and assessments of any kind or nature assessed or imposed by any domestic or foreign governmental entity or taxing authority; (ii) the sale of the Property to, the removal, delivery, transportation, shipping, exportation, importation, ownership, possession, operation or use of the Property by, Buyer, or the condition or use of the Property purchased or failure of Buyer to follow instructions, warnings or recommendations of the manufacturer, or to comply with federal, state and local laws applicable to such Property, including OSHA requirements, or for proximate or consequential damages, costs or legal expenses arising therefrom; and (iii) persons attending during exhibition, sale or removal of Property, or any defect in or condition of the premises on which the sale of Property is held.
GOVERNING LAW; WAIVER OF JURY TRIAL. The execution, interpretation and performance of the Transaction Documents shall be governed by, and construed in accordance with, the laws of the State of New York (without regard to its conflicts of law provisions). BUYER WAIVES THE RIGHT TO A JURY TRIAL IN ANY DISPUTE OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF, DIRECTLY OR INDIRECTLY, THE TRANSACTION DOCUMENTS, ANY OF THE RELATED DOCUMENTS, ANY DEALINGS BETWEEN ANY SELLER PARTY AND BUYER RELATING TO THE SUBJECT MATTER HEREOF OR THEREOF, AND/OR THE RELATIONSHIP THAT IS BEING ESTABLISHED BETWEEN SELLER AND BUYER.
MISCELLANEOUS. This Transaction Documents may not be assigned by either party without the prior written consent of the other and shall inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns. Nothing in the Transaction Documents, express or implied, is intended to confer upon any person, other than the parties hereto, and their respective successors and permitted assigns, any rights, remedies, obligations or liabilities under or by any reason of the Transaction Documents. This Transaction Documents shall constitute the entire agreement of the parties with respect to the subject matter hereof. No amendments or modifications to the Transaction Document shall be valid unless in writing and signed by both parties hereto. The covenants and agreements expressed in the Transaction Documents shall be severable, and the invalidity, now or in the future, of any covenants recited herein shall not affect the validity of the remaining covenants and agreements. Each Transaction Document may be executed in multiple originals and multiple counterparts on different dates and in different places, but which when taken together shall constitute one binding and effective agreement. The waivers, indemnities, representations and warranties set forth in the Transaction Documents shall survive the consummation of the transaction contemplated in the Transaction Documents. Each of the parties shall be responsible for its own costs and expenses incurred in connection with the transactions contemplated by the Transaction Documents.
IMPORTANT NOTICE Nothing herein shall be construed as (i) constituting the creation of an agency, partnership, joint venture, fiduciary or similar relationship between GE and any person; (ii) an approval or commitment to sale by GE to any person; and all transactions are subject to final investment / compliance approval by GE and the execution of mutually satisfactory definitive documentation; (iii) any guarantee or promise of pricing terms or availability thereof which may fluctuate or cease to be available depending on any change in the relevant market. All sales of available equipment will be “as is”, “where is”, with all faults, without recourse or warranty of any kind or nature, express or implied; and subject to detailed terms and conditions of sale of the equipment owner / seller.
Last Updated September 18, 2009
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A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
GE is under no obligation to post, forward, transmit, distribute or otherwise provide any material available on this site, including material you provide to us, and so we have an absolute right to remove any material from the site in our sole discretion at any time.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. GE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GE OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. GE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER GE NOR ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, GEAS REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF GE, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER GE NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH GE IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND GE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Jurisdiction and Applicable Law
Entire Agreement and Admissibility
If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.