Terms, conditions, explanations and information
Terms, conditions, explanations and information in addition to those listed on this page are found in the Terms and Conditions section of this site and on the individual listing pages for all assets included in this auction. All terms, conditions, explanations and information are intended to be supplemental and complementary to each other. They are incorporated by reference into this page, and collectively they govern this auction. In the event of a conflict or inconsistency among terms, conditions, explanations or information in the Terms and Conditions section, the individual listing pages for assets and/or this page, the individual listing pages shall control this page and the Terms and Conditions section, and this page shall control the Terms and Conditions section. By registering to bid live and/or on the Internet, you agree to abide by all terms and conditions and you acknowledge receipt of all explanations and information made available by Purple Wave.

Buyer's premium
A 10% buyer's premium will be added to all winning bids, resulting in the total purchase price, exclusive of any applicable sales taxes, owed by the winning bidder. The buyer's premium will be included in the price against which applicable sales taxes are calculated.

Qualifying bids and bidders
Bids over the amount of $10,000.00 are subject to Purple Wave's qualification process. Verification may include, but is not limited to, providing a bank letter of guarantee, credit references or credit card pre-authorization. Purple Wave may take any or all of these measures at any point during the auction. Purple Wave reserves the right to strike any Internet bid if the bidder refuses or fails to timely cooperate with Purple Wave's efforts to verify the bidder's qualification to bid. By registering to bid in this auction, you authorize all credit references, banks and credit reporting agencies to provide complete information about your credit to Purple Wave. For questions regarding Purple Wave's bid qualification process, please contact our Credit Specialist at [email protected] or call 1.833.685.2802.

Default by Buyer; Consequences
Failure to pay by the payment deadline noted in these terms and conditions ("Payment Default") will result in an additional administrative fee equal to 15% of the winning bid price (minimum $100.00 fee). After the payment deadline, Purple Wave may also declare the asset abandoned under its Abandoned Asset Policy resulting in additional costs and potential losses to the buyer. Read the Abandoned Asset Policy carefully. Defaulting customers will lose all bidding privileges with Purple Wave.

Failure to remove an asset by the removal deadline noted in these terms and conditions ("Removal Default") will result in an additional administrative fee equal to 15% of the winning bid price (minimum $100.00 fee), plus storage fees of $25/day until the asset is ultimately removed from the auction site. After the removal deadline, Purple Wave may also declare the asset abandoned under its Abandoned Asset Policy resulting in additional costs and potential losses to the buyer. Again, read the Abandoned Asset Policy carefully.

Payment Default and Removal Default are not inclusive of each other and may be added together. In all cases of buyer default of the auction terms and conditions, Purple Wave and the seller reserve the right to pursue all legal remedies.

Purple Wave reserves the right to charge the credit card on file for the Default along with other damages associated with non payment of the item. Damages may include but not limited to storage, removal or loss (if the item is resold).

Titled Assets / Transfer of Ownership
Titled assets selling on www.purplewave.com are checked for transferability prior to appearing on our website. Titled assets will have a government issued title or documentation necessary for transfer of ownership. Titled assets with "Salvage", "Non-Highway" or other brands are typically included in the description, however it is the responsibility of the bidder to investigate title and registration history prior to bidding. Purple Wave is not responsible for undisclosed title brands, back registration fees or whether or not a vehicle will pass inspection. If available, mileage is listed as "miles on odometer" when pictures are taken and may not be actual mileage.

Certificates of title will be assigned and mailed out within 10 business days following verification of payment unless otherwise noted in the description. Purple Wave reserves the right to hold titles for an extended period of time when payments are made by check until confirmation of funds availability. Titles must be assigned to either an individual or company; Purple Wave will not distribute titles with open assignments. If no communication verifying title assignment is received within 10 business days of payment Purple Wave may assign and distribute certificates of title or ownership documentation as invoiced, following verification of asset removal.

Sale Price appearing on title assignment is the total purchase price paid. Purchase price is (winning bid price + buyer's premium).

72 hour auction transport permits are available for assets sold from Kansas locations. Buyers must provide proof of insurance and $3 prior to issuing. Purple Wave will only provide one permit per asset. Buyers purchasing titled assets outside of Kansas should contact their local DMV for state specific information on transporting vehicles.

Contact [email protected] or 888.316.7332 to provide title assignment information. All titles are mailed out via USPS certified mail unless otherwise requested. Overnight service is available for an additional fee.

Questions
Item-specific questions should be directed to the contact listed on the item. Please contact Purple Wave at [email protected] or 866.608.9283 for more information. Problems with or questions about Internet bidding should be directed to [email protected].

Required Information
This auction is conducted by Purple Wave, Inc., whose home office is 825 Levee Drive, Manhattan, Kansas. Aaron McKee, Texas auctioneer license # 16401, operates Purple Wave, Inc. Complaints against us may be directed to the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, (512) 463-6599. For additional required information, see the attached document.

Internet bidding
This is an Internet-only auction, which means the highest bid online when the bidding closes on a particular item will be the winning bid for that item. Bidding for items will begin to close one (1) item per minute at 10:00 AM CDT on Thursday, April 7. The items will close in the order listed on the website. This auction will feature our automatic extension system which will grant an extension of five (5) minutes to the end of the auction of any item receiving a bid during the last five (5) minutes. The item will then close when five (5) minutes have elapsed without any bidding activity. All items are selling without reserve, and all Internet bids are treated as if they were given at a live auction. All bidders will be held accountable for their Internet bids.

Inspection prior to bidding
Purple Wave attempts to give its customers an industry leading experience by providing detailed equipment listings. Listings include written descriptions, photographs, location, and consignor information.
Equipment descriptions are based on our direct observation and information provided by our selling customer. All information is intended to be as accurate as possible. However, we recommend customers inspect prior to bidding. Purple Wave listings are not intended to be substitutions for inspection. The details provided may differ on equipment based on information provided by the consignor. An error or omission in the listing will not change the results of the bid. It is the responsibility of the buyer to conduct any inspection and examination necessary to satisfy him of all material facts before placing a bid. Some of the limitations of Purple Wave listings include:

• Mileage and hours in listings are representations of what is on the meter. Purple Wave does not verify authenticity of mileage / hours nor do we verify the operational condition of the odometer / hours meter.
• Operating weight appearing in some listings are manufacturers specs. Weight may vary due to additional features and options.
• Accessories (interior / exterior, ancillary) may be listed in the description, however, may not be verified for operational condition such as A/C and heat, audio equipment, lighting, power seats, etc.
• Cosmetic damage / body damage, such as dents, cracks, scratches, rust, stains, and tears may not be included in the descriptions, however may exist.

Sales tax / Use Tax
State law requires Purple Wave to collect sales tax on all applicable transactions.

Full Sales Tax / Use Tax information

Buyer's premium
A 10% buyer's premium will be added to all winning bids, resulting in the total purchase price, exclusive of any applicable sales taxes, owed by the winning bidder. The buyer's premium will be included in the price against which applicable sales taxes are calculated.

Sale order
Items in this auction are sorted by bid amount until 72 hours prior to the auction. The items will be sorted in their final sale order 24 hours prior to the auction.

Grouped extensions
This auction may utilize grouped extension feature. Asset types selling in bidding extension groups will be listed below.

• John Deere 310SK backhoe
• John Deere 310SJ backhoe
• Komatsu PC88MR-8 mini excavator
• McElroy 618C poly pipe fusion machine
• Caterpillar 627B conventional scraper
• Caterpillar 953 track loader
• SiDump'r side dump trailer

Learn more about our grouped extension feature.

Invoicing
Auction invoices are available once the item has closed. You may access your invoice at any time by logging into your account and selecting "My Won Items". Invoices will be emailed to winning bidders at the conclusion of the auction event.

Payment information
Payments must be made by 4 p.m. CDT on the second business day following the auction. Failure to make payment or payment arrangements by the deadline will result in a $30 late payment fee. Purple Wave reserves the right to charge the credit card on file the total purchase price and a $30 late payment fee will be added for invoices not paid within our terms. Payment should be made to Purple Wave, Inc. Questions regarding your invoice or to communicate payment arrangements please contact Purple Wave at 866.608.9283 or [email protected].

Forms of payment accepted:

• Wire Transfers in any amount will be accepted. (View wire instructions)
• Cashiers Checks in any amount will be accepted.
• Visa, MasterCard, and Discover are accepted up to $3,000 with authorization*.
• Cash is accepted if paying at our Manhattan, KS headquarters.
• Checks up to $10,000 will be accepted without a bank guaranty letter*. Checks of $10,000 or greater will be accepted only with a bank guaranty letter or with prior approval from Purple Wave's credit department. (View letter requirements)
  Checks may be mailed to:
  Purple Wave, Inc.
  825 Levee Dr.
  Manhattan, KS 66502
  
  *Purple Wave reserves the right to hold assets and/or certificates of title until fund availability is confirmed.

Sales tax / Use Tax
State law requires Purple Wave to collect sales tax on all applicable transactions. Sales tax rates are based on the item's location and are applied to the total purchase price (hammer price plus the Buyer's Premium). Tax will be collected unless the buyer provides proof of a tax exemption, which must be submitted before tax amounts will be removed from the invoice. Exemption forms are auction and state specific and may need to be completed for every event. Purple Wave cannot offer advice, opinions or guarantees about whether you are in fact exempt. Buyers may be subject to use tax in their state of residence. Consult your tax advisors if you have sales tax exemption or use tax questions. Purple Wave, Inc. cannot be held responsible for states' registration requirements regarding exemptions. Please note, guidelines and regulations regarding tax exemptions may vary between states. If you are eligible for an exemption, please complete the appropriate exemption certificate and email it to [email protected] or fax to 866.604.2264.

State law requires Purple Wave to collect sales tax on all applicable transactions.

Full Sales Tax / Use Tax information

Item removal requirement
Items can be removed after your payment in full is made to Purple Wave. Purple Wave will communicate directly with the seller to confirm receipt of payment. Winning bidders must contact the seller to schedule removal and bring a copy of their paid invoice in order to remove item(s). Unless other removal arrangements are made with the seller, fees for failing to timely remove items won may be assessed under the Abandoned Asset Policy.