1.
Hodgins Online Auctions ("Auctioneers ") inspectors
will not be asked to operate Equipment during the inspection
process. Seller shall indemnify, defend and hold Auctioneers
and their affiliated businesses, and their employees, agents,
officers and directors, harmless from any damage of or injury
to the inspected Equipment, personnel, or other property that
occurs in connection with the operation of Equipment during
the inspection process, unless such damage or injury is the
direct result of the willful negligence or gross misconduct
of the inspector.
2.
Inspections are performed solely for the purpose of reporting
on the visible condition of a machine's major systems and
attachments on the day of the inspection. Observed conditions
may be complemented by the measurement of selected parts and
the results of fluid sampling. Auctioneer’s condition
inspections are not designed nor intended to detect latent
or hidden defects, or conditions that could only be found
in connection with the physical dismantling of the machine
or the use of diagnostic equipment or techniques. In no event
shall Auctioneers be liable for the identification of such
defects.
3.
Auctioneers make no representation and provides no warranty
that the Equipment will function properly or operate when
delivered to the Buyer; nor that it will continue to operate
or function for any period of time after delivery.
4.
Failure of the Seller to properly maintain the Equipment between
the date of inspection and the date of sale will void the
inspection and the Guatanteed Inspection Report. If the Seller
alters or performs repairs or other maintenance to the Equipment
after the inspection, another inspection will be required
and the seller will be liable for a Re-inspection Fee. Any
such alteration or repair or other maintenance performed by
the Seller must be immediately reported to Hodgins by the
Seller.
5.
The entire risk of loss of the Equipment shall continue to
be borne by the Seller until such time as the ownership is
transferred to another party (whether as a result of actual
receipt and acceptance or by Deemed Receipt). In no event
will Auctioneers be held liable for any damage to Equipment
incurred before or after the inspection, or during the transportation
of the Equipment to the buyer.
6.
The Guaranteed Inspection Reports, including any photographs
taken of Equipment by the inspectors, will be the property
of Auctioneers and cannot be published, republished or used
in any manner without Auctioneers prior written permission
(which permission may be arbitrarily withheld).
7.
Oil samples, if taken, will be analyzed by an independent
laboratory unaffiliated with Auctioneers. Auctioneers makes
no representation and provides no warranty as to the accuracy
of such laboratory information.
8.
All ratings assigned in the Guaranteed Inspection Report will
be based upon the following criteria:
PREMIUM:
Equipment less than three (3) years old with less than 3,000
hours that is in complete working condition and requires no
repairs except for normal routine maintenance.
VERY
GOOD: Equipment of any age/hours that is operational,
has no more than minor wear and requires no more than minor
repairs.
GOOD:
Equipment of any age/hours that is operational but has minor-to-moderate
wear and/or requires minor-to-moderate repairs.
FAIR:
Equipment of any age/hours that is operational but
has moderate-to-major wear and/or requires moderate-to-major
repairs.
POOR:
Equipment of any age/hours that does not operate as expected
and requires extensive repairs or is missing major components.
LINE-ITEM
RATED: Equipment where the condition varies between
individual components or systems, yielding no uniform overall
rating that accurately describes the machine. Prospective
buyers should review the body of the inspection report at
the line-item level. Typically, items older than 5 years of
age receive this rating.
NOT
RATED: Equipment of any age/hours whose overall rating
could not be fully or accurately determined by the inspection
process.
The
rating assigned will be based upon Auctioneers independent
subjective assessment of the condition of the Equipment. In
no event will Auctioneers have any liability in the event
that the Seller or another inspection firm reaches conclusions
regarding the condition of the Equipment that are different
from those observed and reported by Auctioneers.
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