Bidders understand that items are sold "AS IS", "WHERE IS"
BIDDERS UNDERSTAND THAT ITEMS SOLD ON WWW.PURPLEWAVE.COM ARE SOLD 'AS-IS, WHERE-IS', AND WITHOUT WARRANTY. PURPLE WAVE, INC. (PURPLE WAVE) AND SELLER FURNISH ALL AUCTION ASSETS TO BUYERS 'AS IS' UNSUPPORTED, WITHOUT WARRANTY OF ANY KIND. PURPLE WAVE AND SELLER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CONSUMER RIGHTS VARY FROM STATE TO STATE. CERTAIN STATES INCLUDING ALABAMA, CONNECTICUT, KANSAS, MAINE, MARYLAND, MASSACHUSETTS, MINNESOTA, MISSISSIPPI, NEW HAMPSHIRE, VERMONT, WASHINGTON, AND WEST VIRGINIA, LIMIT WAIVERS OF IMPLIED WARRANTIES. THE DISCLAIMERS AND EXCLUSIONS WILL NOT APPLY TO THE EXTENT CONSUMER WARRANTY EXCLUSIONS ARE PROHIBITED BY APPLICABLE LAW.

Bidders understand the limitations of listings
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 the buyer of all material facts before placing a bid. Purple Wave is not responsible for any statements about the item made by the Seller.

As a bidder, you understand that some of the limits of our inspections are:

• 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.
• Emission systems may have modifications. Purple Wave does not inspect components or guarantee a vehicle will pass state emissions tests.
• 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.
• Purple Wave does not test or inspect batteries or electrical components. Vehicles and equipment with batteries may require a jump start or a even battery replacement at the time of removal.
• Purple Wave does not offer any guarantees regarding the performance or condition of batteries in any item being sold at auction.

Customers who plan to export items are responsible for determining the exportability of the item, and for paying all duties, inspection and custom fees that may apply.

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.

Bidders are responsible for all bidding activity
Bidders understand that they are responsible for submitted bids. Bids placed on www.purplewave.com are binding and will not be removed. When clicking the 'Place Bids' button, you are responsible for the amount displayed. Do not share your account information with anyone. Do not bid on behalf of someone else. If you are declared the winning bidder at the end of the auction, you are the owner. All sales are final.

Bidder understands Large Bids (greater than $10,000) may be subject to additional qualification.
Qualification 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. Purple Wave may also require qualification from bidders who bid on multiple items, items being 'sensitive or important' and bidders who are international or distant. Purple Wave reserves the right to authorize any and all bidders but generally requires analysis of bids, particularly risky including bids placed over $10,000. 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.

International bidders are required to place a bidding deposit equal to 10% of the total intended bidding amount. Deposits for bidding $30,000 or higher must be made by wire transfer, other deposits may be made by credit card. Bidding deposits will be applied to your purchase following the auction. Non winning bidders will be refunded within 5 days of the auction event. Please contact us at [email protected] or 1.833.685.2802 with any questions.

Bidders are responsible for making payment in full within two business days.
Bidder is responsible for making payment in full within (2) two business days after the auction. Purple Wave reserves the right to charge a $30 late payment fee on any payment not received within our terms. Payment must be made in full before assets will be released. Detailed payment information will be provided on your invoice.

Forms of payment accepted:

• Wire Transfers in any amount will be accepted. Click here for wiring instructions
• Cashiers Checks in any amount will be accepted.
• Visa, MasterCard, and Discover are accepted up to $3,000 with authorization.*
• Checks up to $10,000 will be accepted without a bank guarantee letter.* Checks of $10,000 or greater will be accepted only with a bank guarantee letter or with prior approval from Purple Wave's credit department. Click here for 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

Bidder understands Sales tax will be charged on all taxable items
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 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 1.866.604.2264.

*Sales tax exemption forms and / or additionally requested documents or statements must be provided within one week of the Auction. Sales tax balances due to missing forms will be automatically charged to your designated payment method. By creating an account, you agree to these automatic charges and acknowledge that any unpaid taxes or fees are your responsibility. If we are unable to collect the balance due, we reserve the right to disable account privileges and seek damages.

Full Sales Tax / Use Tax information

A 15% default premium will be charged for non performance of auction agreement
If a purchase is defaulted on for any reason, Purple Wave will charge the winning bidder a default premium. The default premium is 15% of the hammer price (with a minimum of $100.00). Purple Wave reserves the right to automatically charge the primary credit card on file the entire balance of the default premium. Uncollected default premiums will be sent to collections. Purple Wave and/or the seller reserve the right to pursue all legal remedies. If unable to satisfy the terms of auction, do not bid. Purple Wave reserves the right to charge the primary credit card on file for the default premium along with other damages associated with non-payment of the item. Damages may include but are not limited to storage, removal or loss (if the item is resold).

Abandonment of Items; Notice
Notice provided. In the event that a Buyer fails to collect their purchased item(s) within the specified removal deadline after receiving an abandonment notice from the Auctioneer, the following provisions shall apply:

• For items with a Purchase Price below $2,000: the Buyer shall forfeit all payments made - Ownership of the item(s) shall automatically revert to the Seller - The Buyer shall have no further claims to the item(s) or any form of refund.
• For items with a Purchase Price of $2,000 or greater: the Auctioneer shall retain the right to resell the item(s) on behalf of the Buyer. An administrative fee of 20% of the original transaction's Purchase Price (minimum $1,000) shall be charged. This administrative fee is cumulative with any previously incurred fees, including but not limited to default fees and storage fees - Following resale, the Auctioneer shall refund to the original Buyer any proceeds remaining after deduction of all applicable fees and expenses. The Auctioneer reserves the right to revert ownership back to the original seller when fees and expenses exceed the original purchase price. Under no circumstances shall the refund amount exceed the original Winning Bid.
• No notice sent. Regardless of whether notice is provided, assets with a Purchase Price under $2,000 and not removed for ninety (90) days or more will be considered abandoned.

On titled transactions when the title has legally transferred ownership; the buyer is responsible for picking up the item and paying any storage, towing, or impound fees.

Purple Wave maintains the right to suspend or terminate bidding privileges for any account holder who fails to comply [any of Auctioneer's Terms and Conditions] with removal terms and deadlines.

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 two (2) items per minute at 10:00 AM CST on Thursday, February 27. 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 sold 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.

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. Learn more about our grouped extension feature .

• Komatsu WA900-3E0 wheel loader
• Caterpillar 299D3 tracked skid steer loader
• Caterpillar D3G LGP dozer
• GMC TopKick C6500 forestry bucket truck
• Blaw-Knox RW-195D road widener
• Genie GS3369 RT scissor lift
• Caterpillar 259D tracked skid steer loader
• Yanmar HDR625VT6CA3213DA 3WV generator
• Vermeer PD10 pile driver
• Gillette SPJD-2100-3-2-2 generator

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".

Payment information
Payments must be made by 10:00 AM CST 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 primary 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 1.866.608.9283 or [email protected].

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.

Purple Wave is not responsible for submitting a notice of sale, pre-registration, or other documentation to the buyer's state titling agency. It is the bidder's responsibility to understand the title transfer and registration requirements associated with the seller and buyer's jurisdiction and submit the required information or documentation to the respective titling agency.

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

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.