Dozers, Excavators, Motor Graders, Dump Trucks, Pickups, Trailers, Rollers, Pavers Tractors, Service Trucks, Hand Tools, Air Compressors, Lathe, Parts, Office Furniture, Antique Artifacts, Antique Tools Concrete Tools, & Equipment, Shop Tools, etc.
After nearly 80 years of dedicated contracting service, E.W.Muller Contractors is closing its doors. join us for a complete liquidation auction featuring quality well-maintained equipment ready to go to work!
1. Condition of Goods
In publishing this catalog, Marshall Enterprises has endeavored to accurately describe all items being sold but all property being offered is to be sold "as is". No statement in this catalog, bill of sale, invoice, or elsewhere by any representative of, or person in the employ of Marshall Enterprises shall be deemed to be a warranty, representation, or assumption of liability with respect to age, condition, size, quality, variety, importance, provenance, or historical relevance of any of these items. Please note that photographs may have had size modifications for display purposes, or been trimmed to exclude framing, matting, and wide blank margins. Also, variations in color may occur due to digital processing.
Any condition statement, written or verbal, is given as a courtesy to the client, and is only an opinion. It should not be treated as a statement of fact. Marshall Enterprises shall have no responsibility for any error or omission. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear, imperfections, or aging.
2. Disputes
The Auctioneer will be the final judge as to who is the successful bidder. In the event of any dispute, the Auctioneer shall, at his discretion, decide whether to reopen the bidding.
3. Title to Goods
Title to all merchandise shall pass to the successful bidder at the fall of the Auctioneer's "hammer". The purchaser shall assume full responsibility for the lot purchased once the auctioneer has sold the property/item.
4. Removal of Goods
All property must be removed from the premises within five (5) days of the sale conclusion of the sale. All merchandise left over 30 days will be subject to a $50.00 storage fee per month. After 60 days merchandise is considered abandoned and will become property of Marshall Enterprises.
5. Shipping
Marshall Enterprises does not provide shipping. If you need a shipper to receive your purchases, Buyer is responsible for making their own arrangements.
6. Payment Terms
All accounts are to be settled by the end of the sale. Payment may be made by cash, Visa, MasterCard, American Express or personal check if you are a prior customer. All others must obtain prior approval. Approval will be granted upon presentation of a "letter of guarantee" from an officer of your bank on original stationery. This letter should state an exact amount of funds guaranteed and should be presented to the cashier at the time of registration. Letters from the bank must have a phone number where the representative authorizing the letter of guarantee can be reached directly, not a 1-800 number. In any event, Marshall Enterprises reserves the right to hold all merchandise paid for by check until such check has cleared, and receipt of funds is verified. There will be a $50.00 return check fee on all returned checks.
7. Sales Tax
Pursuant to the laws of the Commonwealth of Virginia, all sales, including buyer's premiums, are subject to the collection of a 5.3% sales tax. For online bidders, we must charge sales tax if the buyer lives in Virginia or picks up in Virginia. You may present a valid resale license and complete the necessary Virginia certificate for Sales Tax Exemption (available from Marshall Enterprises). Lots shipped out of state are not subject to VA state sales tax.
8. Buyer's Premium
The buyer's premium on property purchased will be in the amount of 10% of the successful high bid if bidding directly in a live auction or on Marshallepz.com. There will be an additional 3% charge when using credit cards. All bidding at auction and all purchases will be in U.S. Dollars.
9. Error
Marshall Enterprises is not responsible for any typographical or any other error or omission in this catalogue or subsequent price key. Marshall Enterprises reserves the right to withdraw any property before the sale.
10. Estimates
Any estimates provided are our opinion of the price that a willing buyer would pay for the property at auction. These estimates are opinions, based, where possible, on prices paid for comparable items sold in the past. They are neither a representation nor a prediction of the actual selling price that will be realized at auction, post-auction sale, or upon resale, which may be substantially different from these estimates. We shall not be liable in any way for such a difference.
11. Exhibition
Prior to every sale we have an exhibition of the items in the catalogue. Our staff is present to answer questions about items and to offer help with the auction process. Preview will be by appointment.
12. Absentee / Internet Bidding
As a service to our customers, Marshall Enterprises will execute absentee bids if so, authorized in writing under the provisions specified herein. Absentee bids should be made on the Absentee Bid Form provided in each catalogue. This form should be clearly filled out and accompanied by a valid credit card. All absentee bids will be executed competitively during the sale; items will be purchased for the lowest price possible. Marshall Enterprises cannot accept "buy" bids. In the event of tie bids between absentee bidders and those in attendance, preference will be given to the attending bidder. Where two absentee bidders bid the same amount, the first received will be honored. Successful buyers will be notified within three (3) days of the sale. Professional specialists handle all shipping and delivery, and if you are a successful bidder, we will give you proper information so you can contract directly with the proper company. This service is offered as a convenience and Marshall Enterprises will not be responsible for any errors or failures to properly execute absentee bids.
13. Agreement to Terms
In bidding on any lot here offered, the bidder indicates acceptance of these Terms and Conditions of Sale. Title of each lot passes when the auctioneer says, "Sold". Thereafter, any loss by fire, theft, breakage, or any other cause is the sole responsibility of the purchaser. Merchandise must be packed and transported by the purchaser at his own risk and expense. If any employee or agent of Marshall Enterprises shall pack or transport the merchandise, it is fully at the risk, responsibility and expense of the purchaser and Marshall Enterprises shall not be liable for any loss or damage that may be caused by such employee or agent.
14. Bidder Responsibility
The bidder is responsible for knowing on which item(s) he or she is bidding. If unsure, the bidder should inquire, or not bid. When becoming the winning bidder at auction, you have affected a contract and will be expected to pay for items in which you were evidenced to be the successful bidder. Auctioneer will not honor "mistakes". Should the bidder end up with an item he or she did not intend to purchase, that bidder may resell it directly to another person at the end of the auction. Do not concern the auctioneer with this, as no sales will be voided, and no items will be offered for resale. Also, please note that all items and contents in any furniture or articles sold are reserved unless otherwise announced. This includes items in drawers and other areas undiscovered by our presale workers. Auctioneer or Auction Staff reserves the right to handle disputes in the way he/she deems appropriate.
15. Acceptance of Bids
The Auctioneer reserves the right to accept or reject bids in any increment which the auctioneer deems to be in the best interest of the client, the seller. POOLS: Pools are associations of dealers or collectors formed with the purpose of keeping down auction prices for the benefit of its members. They are illegal in the United States and England. They have never occurred at our auctions, and under no circumstance will they ever be permitted.
16. Check Out
For items to be removed during the auction the buyer must obtain a copy of their invoice from check-out and present it at the door. No items will be permitted to leave the auction site without a printed invoice. Payment in full is due at the conclusion of the sale or upon leaving the auction.
17. Announcements
All announcements from the auction block will take precedence over any printed matter except for "condition," as previously outlined in paragraph 1. For additional information regarding these Terms and Conditions of Sale, or any other matter relevant to this auction, please contact us for specific information not included in the catalogue description: Marshall Enterprises phone# (757) 357-6156 Telephone inquiries may be made between 9am and 5pm EST.
18. Sale Results
Results will be available no earlier than 5pm on our first business day following the auction, or as soon as Marshall Enterprises has audited and verified all sales. Please do not call prior to this time for the results, as they will not be given out under any circumstances. Sale results will be posted on our website within two weeks after the sale. We thank you for your understanding in this matter. Marshall Enterprises retains all rights to copyright and other intellectual property contained in this catalogue.
