If you are unable to attend an auction, Koster Industries can bid on your behalf
Tue, March 13th 2018 1:00 P.M. EDT
Multiple Locations - Clearwater, FL; Newark, DE; Arkansas City, KS
By Appointment Only - Contact Us
3-Stage Stainless Steel Pressure Washer, With 4-Stage Digital Control Dryer, 31” X 45” Opening, Hanging Conveyor Drying Racks, Approximately 2000 & 1500-Gal. Water Storage Tanks, Gas Fired (Located: Clearwater, FL)
Roto-Finish Mdl. 5173 Extended Range Series Spiratron Vibratory Finishing Mill, rubber lined, approximately 5’ diameter, S/N: ER-1011C-99-E9 (Located: Clearwater, FL)
CNC Vertical Mill:
Okuma & Howa Mdl. MILLAC4VAC CNC Vertical Machining Center, with 18” x 53” table, 24-position automatic tool changer, #40 taper, Fanuc System 11M controls, S/N: 02307 (Located: Clearwater, FL)
CNC Milling Center:
Miyano Mdl. TSV-33 CNC Drilling & Tapping Machine (Milling Center), with 12-position turret,  12” x 19-1/2” drilled transfer tables, assorted BT-30 taper tool holders, Fanuc O-M controls, S/N: TSV330126 (Located: Clearwater, FL)
CNC Surface Grinder:
Rosa Mdl. IRON12.6 19.75” x 47.25” CNC Surface Grinder, with 19.75” x 47.25” permanent magnetic chuck, CNC wheel dresser, coolant, 10HP spindle speeds to 1500 RPM, Rosa CNC controls, S/N: 04031827 (2008) (Located: Clearwater, FL)
Komatsu Mdl. OBS-60 60 Ton Hydraulic Straight Side Punch Press, with 21-1/2” x 30” bed area, air clutch, S/N: 10626 (Located: Clearwater, FL)
Komatsu Mdl. OBS-35 35 Ton Hydraulic Straight Side Press, with 15” x 23-1/2” bed area, air clutch, 100 SPM, 3.15” stroke, 8.27” die height, S/N: 204201 (Located: Clearwater, FL)
Danly 75 Ton OBI Punch Press, with air clutch, 4” stroke, 15-1/2” shut height, 3” adjustment, 40 SPM, 3” bolster plate, S/N: 7555950168 (Located: Clearwater, FL)
Perkins 10 Ton Straight Side Bench Type Punch Press & Table (Located: Clearwater, FL)
Chicago Mdl. 68-B 8’ x 36-55 Ton Mechanical Press Brake, with motorized ram adjustment, manual back gage, Shadow V light curtain, S/N: L-14037 (Located: Clearwater, FL)
Hardinge Mdl. HLV-H Toolroom Lathe, with quick collet closer, 4-way tool post, motorized carriage feed, spindle speeds to 3000 RPM, S/N: HLV-H-6817-P (Located: Clearwater, FL)
DoAll Romi Mdl. LT16 16” x 80” Geared Head Engine Lathe, Complete with Spindle Grinder, Tracer Attachment, 3-PH/60HZ, S/N: 002-080910-193 (1996) (Located In Newark, DE)
Mills (All Types):
Bridgeport Series I 2HP Vertical Milling Machine, with 9” x 42” power feed table, spindle speeds to 4200 RPM, vise, Acu-Rite digital readout, S/N: 12BR-187089 (Located: Clearwater, FL)
Dehoff Nichols Horizontal Milling Machine, with 8-1/2” x 30” table, pneumatic feed on table, 3HP, vise, S/N: 86018N (Located: Clearwater, FL)
Reid Rayscott Mdl. 618HR 6” x 18” Hand Feed Surface Grinder, with 6” x 18” permanent magnetic chuck, S/N: 30133FC (Located: Clearwater, FL)
Spray Arc System:
(2) Praxair Model CoArc 9910 Spray Arc System with Arc Spray Gun, S/N’s: AP970119; AP970120 (2013)
Taylor Winfield Mdl. ERB-12-150 150-KVA Spot Welder, with 18” throat, foot controls, S/N: 17604 (Located: Clearwater, FL)
Thompson Mdl. A-1 75-KVA Spot Welder, with 18” throat, pneumatic ram downfeed, foot controls, Entron welding controls, S/N: 17604 (Located: Clearwater, FL)
Taylor Winfield Type EBB3-8-50 50-KVA Spot Welder, with 9” throat, WTC Mdl. WT500 controller, S/N: 970125 (Located: Clearwater, FL)
Lincoln Mdl. CV-305 Approximately 300-Amp Welder, with Lincoln LF-72 wire feeder (Located: Clearwater, FL)
DoAll 36” Vertical Bandsaw, with 30” x 30” hydraulic tilting table
Kysor Johnson 20” Vertical Bandsaw, with 24” x 28” tilting table, blade welding attachment, S/N: N/A
Ryobi Mdl. Pro-Tech 9-1/2” Bench Type Vertical Bandsaw
Stone Approximately 32” Cutoff Saw, with pneumatic downfeed, 1-1/2HP motor, short stop electronic motor brake, S/N: 856
Eisle Mdl. MS-11S-420 Approximately 12” Cutoff Saw, with roller infeed conveyor, automatic downfeed, S/N: 00343 (Located: Clearwater, FL)
Bead Milling System:
Union Process Model DMQX-07-MILL Bead Milling System Complete With Removalble Polyurethane Lined Jacketed For Cooling, 304 Stainless Steel Water Cooled Jacket, 304 Ss Media Fill & Product Inlet Port, Discharge Port, Slurry Drain, Stainless Steel Agitator Shaft With Tri-Lobe Cam, Delta-Shaped Disks And Rods, Media Separator, 3-Hp Explosion Proof Motor, Ac Variable Frequency Controller, 5-Gallon Stainles Steel Premix Tank, Thermofisher Model Thermoflex 3500 Chiller, Meets Cooling Capacity Spec Of 7640 Btu/Hr At Minimum 50 Degrees F. Outgoing Fluid Temperature, S/N: 1002-140701 (2014) (Located: Newark, DE)
Amp Mdl. K Bench Type Amp-O-Lectric Crimping Machine, S/N: 145208 (Located: Clearwater, FL)
Atlas Copco Model ZR55VSD 75-HP Screw Type Air Comprssor, Water Cooled, 125-PSI, Complete with (2016) Cooling Skid With Dulex Pump, Dual Plate Type Heat Exchangers, Process Side: 20.6 Gpm, Inlet: 114 Degrees Fahrenheit, Outlet: 87 Degrees Fahrenheit, 1.3 Psid, 43.5 Psig Working Psi @ 275,000 Btuh, Cooling Side: 25% Pg / 75% Water, 57.3 Gpm, 85 Degree Fahrenheit Inlet, 95 Degree Fahrenheit Outlet, 8.44 Psid, 43.5 Psig, Complete With (2) 2-Hp Centrifugal Pump Skid Unit, Paddle Type Flow Switch, Nema 4-Control Panel With Full Voltage Magnetic Starters, (20) 304 Stainless Steel Plate Exchanger With Nbr Glueless Gaskets, Asme Stamped Expansion Tank, Maximum Tempature 230 Degrees Fahrenheit @ 150 Psig, 2″ Mpt Ansi B16.3 Aisi 316l Inlet & Outlet Pipe Connections (2012) (Located: Newark, DE)
Carbolite Model Special-CTF 17/600/DV650 Tube Furnace with separate control box and Eurotherm 2416CG temperature controller. For operation on 240 volt, 50/60 Hz, single phase. For use with a 3.75″ OD process tube. Half of the heating elements are missing. S/N: 21-303337 (2013) (Located In Newark, DE)
(6) Oerlikon Leybold WH2500/DV650 RUVAC/DRYVAC Combination Vacuum Pump, Compact Hermetically Sealed Horizontal Dry Rotary Lobe Blower, 380-480 V/50-60-HZ, Water Cooled Motor and Integral Frequency Drive, DRYVAC 650 Peak Performace of 383 CFM with Compact Hermetically Sealed Dry Compression Screw Technology, Complete with Integral Wide Range Motor and Frequency Drive 380-480 V, 50-60-HZ, Direct Water Cooling, 24 VDC Inlet, Rotor and Exhaust Pure Solenoids and Syntrhtic Oil. Accessories Including: Discharge Non-Return VBalve, Ehaust Silencer, Water and Gas Interlock Switches (Some Never Used – As New As 2016) Located in Newark, DE)
Deltronic Mdl. DH214 14” Optical Comparator, with 5” x 15” table, Deltronic 612R digital readout, S/N: N/A (Located: Clearwater, FL)
Clark Mdl. E0900-90 Electric Forklift Truck (Located In Newark, DE)
Ridgid Mdl. 535 Portable Pipe Threader, with assorted die heads, cutoff, S/N: EAM1-7300J98 (Located: Clearwater, FL)
Pneumatic Can Crusher, with foot controls, approximately 30” stroke (Located: Clearwater, FL)
 Pneumatic Can Crushers (Located: Clearwater, FL)
Southworth Mdl. UP-2-90 2,000# Capacity Scissor Lift, with pendant controls, S/N: 109331 (Located: Clearwater, FL)
Southworth 1,000# Capacity Scissor Lift, with foot controls, approximately 30” x 70” sheet capacity (Located: Clearwater, FL)
Southworth 500# Capacity Portable Scissor Lift, approximately 24” x 78” sheet capacity (Located: Clearwater, FL)
Kalamazoo Mdl. 4084 LPM Motor Driven Pallet Wrapper, S/N: 020701 (Located: Clearwater, FL)
Diversitech Mdl. 4X8DD 10HP Portable Downdraft Table, S/N: 520095-1 (Located: Clearwater, FL)
Air Flow Downdraft Table (Located: Clearwater, FL)
(3) Airflow Systems Model MP04 & MP14-B1-P66 Mist Collectors (Located in Newark, DE)
Pneumatic Automatic Stamping Machine (Located: Clearwater, FL)
Shake-Proof Mdl. 400 Power Screwdriver, S/N: 2862 (Located: Clearwater, FL)
Random Mdl. SB0062 Coil Winder, S/N: MET16466 (Located: Clearwater, FL)
600# Capacity Core Lifter (Located: Clearwater, FL)
 5,000# Capacity Pallet Storage Racks (Located: Clearwater, FL)
AC/DC Transducer Test System, with Keithley Integra Series 2700 Multimeter Data Acquisition System, Ametek controls (Located: Clearwater, FL)
Schunk Ultrasonic (Located: Clearwater, FL)
Allen 2-Spindle 24” Floor Type Drill Press, with 20-3/4” x 26-1/2” table, S/N: 32853 (Located: Clearwater, FL)
Enco 13” Bench Type Drill Press (Located: Clearwater, FL)
17% Buyers Premium
Special Notice on Terms & Conditions of Sale
NO INDIVIDUAL PERSON CAN REGISTER OR BE APPROVED TO BID, ALL REGISTRANTS MUST HAVE A COMPANY NAME ATTACHED TO BE APPROVED TO BID. GENERAL ELECTRIC EMPLOYEES CAN REGISTER TO BID UPON SUBMISSION OF THEIR SSO NUMBER
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"):
1. 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)
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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
Accuracy, Completeness and Timeliness of Information on This Site
GE is not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on the site. You agree that it is your responsibility to monitor changes to the site.
Use of Materials on the Site
All content on this site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by GE, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on the site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of content on the site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the site, or use of the site for purposes competitive to GE, is expressly prohibited. You agree to abide by all additional restrictions displayed on the site as it may be updated from time to time. GE reserves the right to refuse or cancel any person's registration for this site, remove any person from this site or prohibit any person from using this site for any reason whatsoever. GE, or its licensors or content providers, retain full and complete title to the material provided on the site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in GE's sole discretion. GE neither warrants nor represents that your use of materials on this site will not infringe rights of third parties not affiliated with GE.
You may not use contact information provided on the site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the site or to surreptitiously intercept any system, data or personal information from the site. You agree not to interrupt or attempt to interrupt the operation of the site in any way. GE reserves the right, in its sole discretion, to limit or terminate your access to or use of the site at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which GE may be entitled at law or in equity.
Materials You Submit
You acknowledge that you are responsible for any material you may submit via the site, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this site any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the site.
Conduct on the Site
Some features that may be available on this site require registration. By registering at and in consideration of your use of the site you agree to provide true, accurate, current and complete information about yourself.
Some features on this site require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify GE immediately. GE may assume that any communications GE receives under your password have been made by you unless GE receives notice otherwise.
You or third parties acting on your behalf are not allowed to frame this site or use our proprietary marks as meta tags, without our written consent. These marks include, but are not limited to, GENERAL ELECTRIC, GE, GE Monogram, ECOMAGINATION, IMAGINATION AT WORK and HEALTHYMAGINATION. You may not use frames or utilize framing techniques or technology to enclose any content included on the site without GE's express written consent. Further, you may not utilize any site content in any meta tags or any other "hidden text" techniques or technologies without GE's express written consent.
This site may contain links to other Web sites, some of which are operated by GE or its affiliates and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. GE is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.
Trademarks and Copyrights
Trademarks, logos and service marks displayed on this site are registered and unregistered trademarks of General Electric Company, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission, except as otherwise described herein. GE reserves all rights not expressly granted in and to the site and its content. This site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.
We respect the intellectual property rights of others and request that you do the same. You are hereby informed that GE has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders of GE's system or network who are repeat copyright infringers. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify our copyright agent:
To be effective, your notification must (i) be in writing, (ii) be provided to our copyright agent, and (iii) include substantially the following: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 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