Complete Virtual Mining Liquidation and Live Onsite Truck, Construction, Forestry Auction!
State, Local and Facility Specific Covid 19 requirements will be enforced.
Mining Liquidation Preview Instructions:
• Virtual Mining Preview dates: September 16, 17, 18, 21, 22, 23 (8am-4pm)
• Virtual Mining Auction address: 4707 Ms-493 DeKalb, Ms. 39328
• Live Onsite Auction address: 3475 Ashley Road Montgomery, Al. 36108
• 3 ways to bid: 1. Online bidding 2. Onsite Bidding at JM Wood facility 3. Proxy Bidding
• Mining Liquidation load out will be weekdays from 9-28 through 10-5 (8am-4pm)
Additional terms for Mining Liquidation Auction:
ADDENDUM TO BIDDER CONTRACT
SELLER TERMS AND CONDITIONS
1. Bidder acknowledges and agrees that it entered into a certain Bidder Contract with J.M. Wood Auction Co., Inc. (“Agent”) to participate in an auction held by Agent for certain items, vehicles, equipment, or materials (collectively, the “Items”). Bidder acknowledges that Agent has no interest or ownership in any of the sold and acts only as Seller’s agent in the capacity of auctioneer only. The Items to be sold are owned by Mississippi Power Company (“Seller”).
2. Bidder agrees that (a) Seller is an intended third-party beneficiary of the Bidder Contract, and (b) Seller may enforce the Bidder Contract in its own name.
3. BY PARTICIPATING IN THE AUCTION EVENT, BIDDER AGREES THAT THE TERMS OF THIS ADDENDUM TO BIDDER CONTRACT SELLER TERMS AND CONDITIONS (THE “ADDENDUM”) ARE INCORPORATED INTO THE BIDDER CONTRACT.
4. Bidder agrees to abide by the terms and conditions set forth in this Addendum and in any auction-related internet website, sale-day catalog, and any other auction materials or announcements furnished or made available to Bidder (the “Auction Materials”).
5. Bidder agrees that any descriptions or statements in the Auction Materials is only a guide and Seller will be responsible for any errors in such descriptions or statements.
6. In addition to Agent’s location in Montgomery, Alabama, purchased Items may be located in Seller’s Kemper County Energy Facility, located in Kemper County, Mississippi. Bidder shall bear the sole responsibility and expense of removal and transportation of the purchased Item from Kemper County Energy Facility. For all such Items located on Seller’s premises, Bidder must arrange for the removal of such Items from those premises. Seller reserves the right to require a site access contract or similar agreement to be executed between Seller and Bidder (or Bidder’s contractor) to allow Bidder or Bidder’s contractor to enter Seller’s premises to disassemble and/or remove the Items, with such contract providing indemnity and other liability protections or Seller associated with those activities. Bidder agrees to comply with, and ensure its contractor(s) comply with, all site, safety, and security rules, regulations, signage, postings, policies and procedures associated with Seller’s premises, and Bidder agrees to indemnify, defend, and hold Seller, its affiliates, and their directors, officers, employees, and agents, harmless from and against all demands, claims, liabilities, damages, costs, and expenses arising from or relating to any act or omission of Bidder or its contractor at Seller’s premises. To the extent permitted by applicable law, Bidder agrees to release and hold harmless Seller, its affiliates, and their directors, officers, employees, and agents from any bodily injury (or death) sustained by Bidder, its contractors, or any person accessing Seller’s premises for or on behalf of Bidder.
7. Seller warrants that title to the Items shall transfer to Bidder free and clear of any liens, claims, or encumbrances. Except for this warranty of title, SELLER MAKES NO REPRESENTATION, GUARANTEE, OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE ITEMS, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, CONDITION, QUALITY, SAFETY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. BIDDER IS RESPONSIBLE FOR INSPECTING ALL ITEMS AND ACCEPTS ALL ITEMS IN “AS-IS, WHERE-IS CONDITION”.
8. Seller shall not be responsible for any use or misuse of the Items by Bidder or any other party, and Bidder agrees to indemnify, defend, and hold Seller, its affiliates, and their directors, officers, employees, and agents harmless from and against all claims, damages, and liabilities arising from such use or misuse of any Item. Bidder is responsible for determining whether any manufacturer notices, safety recalls, or technical service bulletins exist or have been issued for any Items and shall be responsible for making all necessary repairs or replacements at its own cost and expense.
9. The terms and conditions of this Addendum shall survive the consummation of the sales transaction between Bidder and Agent and shall remain in full force and effect notwithstanding any language to the contrary in any bid document, invoice, receipt or other documentation associated with the transaction. To the extent of a conflict between any bid document, invoice, receipt, or other documentation associated with the transaction and this Addendum, the terms and conditions of this Addendum shall control.