2005 Bobcat S185 Turbo High Flow for Parts or Repair

Terms & Conditions Governing Purchase 1. Payment. Payment shall be in the form of a cashier’s check made payable to the Village of Wilmette, IL. Purchaser is responsible for all fees associated with transferring title and tags. Winning bidder MUST contact the Village within 5 calendar days of auction close to arrange payment and pickup or risk being reported to MUNICIBID and the item relisted for sale. 2. Pickup. Winning Bidder must contact the Village within 5 calendar days of auction close to arrange payment and pickup. Item must be picked up in person within 30 calendar days of auction close. 3. Returns / Refunds. No returns or refunds allowed. All sales are final. 4. Title and Risk of Loss. Title to the Item being purchased and risk of loss shall pass to Purchaser upon the Village’s receipt of payment for the Item and when the Purchaser (or authorized subcontractor) begins removal of the Item from the Village. The Purchase Date and time is the date and time title and risk of loss passes to the Purchaser. 5. Warranties. The Village hereby specifically disclaims any warranty (oral or written) concerning: (i) the nature and condition of the Item and the suitability thereof for any and all activities and uses that Purchaser elects to conduct thereon; (ii) the manner, construction, condition and state of repair or lack of repair of the Item; (iii) the compliance of the Item or its operation with any laws, rules, ordinances or regulations of any government or other body; and (iv) any other matter whatsoever except as expressly set forth herein. The sale of the Item as provided for herein is made on a strictly “As Is” “Where Is” basis as of the Purchase Date, and the Village makes no warranty or representation expressed or implied or arising by operation of law, including, but in no way limited to, any warranty of quantity, quality, condition, habitability, merchantability, suitability or fitness for a particular purpose of the Item. 6. Right to Terminate. The Village reserves the right to revoke its acceptance of Purchaser’s offer at any time prior to title and risk of loss being transferred to the Purchaser. 7. General indemnification. To the fullest extent permitted by law, the Purchaser will indemnify, defend and hold harmless the Village, any other governmental agency providing funding for all or any portion of the Purchase sum, and their officers, directors, employees, agents, affiliates and representatives, from and against any and all claims, demands, suits, liabilities, injuries (personal or bodily), property damage, causes of action, losses, expenses, damages or penalties, including, without limitation, court costs and attorneys’ fees, arising or resulting from, or occasioned by or in connection with (i) the performance by the Purchaser, its employees, agents and subcontractors, of the services and other duties and obligations under this Purchase , (ii) any act or omission to act by the Purchaser, its employees, agents and subcontractors, anyone directly or indirectly employed by them, their agents or anyone for whose acts they may be liable, and/or (iii) any breach, default, violation or nonperformance by the Purchaser of any term, covenant, condition, duty or obligation provided in this Purchase . This indemnification, defense and hold harmless obligation will survive the termination or expiration of this Purchase, whether by lapse of time or otherwise. This indemnification obligation will not be limited (i) by a limitation on the amount or type of damages, compensation or benefits payable by or for the Purchaser or any other party under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefits acts, or (ii) pursuant to any common law or case law. 8. No Liability of Public Officials. No official, employee or agent of the Village will be charged personally by the Purchaser, or by any assignee, with any liability or expenses of defense or be personally liable to them under any term or provision of this Purchase, or because of the Village’s execution or attempted execution, or because of any breach hereof. 9. Governing Law and Venue. This Purchase shall be governed by the laws of the State of Illinois. Venue for any and all actions to enforce this Purchase shall be the Circuit Court of Cook County, Illinois.