The following
Terms and Conditions apply to all salvage offered by LAD (Aviation) Inc. t/a
Charles Taylor Aviation for any and all insurance companies and/or other
clients. These Terms and Conditions apply to all bids regardless of bid source.
All bidders must review and accept the Terms and Conditions of the sealed bid
sale prior to bidding.
LAD (Aviation) Inc. t/a Charles Taylor
Aviation (hereinafter "LAD") is a claim management firm, and as part of its
duties to insurance carriers and other clients it represents, offers available
salvage for sale to the highest bidder. LAD reserves the right to reject any and
all bids. All sales will be conducted under the Terms and Conditions outlined
herein, without exception. This web site, and its contents, are the property of
LAD and cannot be copied, duplicated or used for any purpose without our written
permission.
DEFINITIONS:
When used herein, the words “we”, “us”, and “our” refer to LAD (Aviation) Inc.
t/a Charles Taylor Aviation, and its affiliated companies. When used herein,
the words “you” and “your” refer to any salvage bidder or buyer who reads and
accepts the Terms and Conditions stated herein and/or who submits a bid for
salvage through this web site.
When used herein, the term
"Salvage Award Date" refers to the Day, Date and Time that bidding for the
subject salvage will be closed, after which no further bids will be accepted.
SALVAGE STATUS:
Each prospective bidder should inspect the salvage item, or arrange for any
inspection of that salvage item, at his/her/its own expense, prior to bidding.
LAD will not furnish labor or pay any fees incurred for bidders to conduct an
inspection or to document research on any salvage item. Your failure to inspect,
research or otherwise educate yourself regarding the current status, condition,
or state of the salvage item will not constitute grounds for a claim of damages
or withdrawal of your bid. Each salvage description is based on the best
information available at the time of bid sheet preparation. However, LAD and/or
the insurance company or client involved make no warranties or guarantees of any
kind, express or implied, as to the salvage item or its various component parts
and/or sub-parts, regarding the quality, fitness or condition or the subsequent
reuse of any item. No monetary adjustments or withdrawal of bid based on a
failure of the salvage to meet any bidder expectations will be considered.
LOCATION OF SALVAGE:
All salvage, and any available
component parts removed for any reason from that salvage, will be sold "AS
IS" & "WHERE IS" without exception. The successful bidder shall assume
all risks as to the condition and quality of the salvage being offered. The
successful bidder will assume all costs associated with removal, packaging and
loading, transporting, and shipping of all items associated with each individual
salvage sale regardless of the location(s).
BIDS:
All bids must be submitted in a
legible manner on the form provided on our website. The submission of bids on other than LAD form does not waive
or amend the requirements of the Terms & Conditions stated herein.
All bids must be received by LAD on or before the specified Salvage Award Date.
Bids received after the Salvage Award Date will not be eligible for the subject
salvage. The highest bid submitted as of the Salvage Award Date shall be
declared the winning bid. However, LAD and/or the insurance company or client
involved, reserves the right to accept or reject any and all bids at its/their
discretion without further explanation.
PAYMENTS:
The successful bidder is required
to provide payment within 15 days of the Salvage Award Date. Our failure to
reach you by telephone or other means on the award date does not extend the
payment period. Payment must be made in certified funds, either a certified bank
check, cashiers check or by wire transfer. Under no circumstances will LAD
accept a personal or business check, cash, or other payment methods. Failure to
remit acceptable payment will subject the salvage to re-award after 15 days,
without notice to you, unless arrangements acceptable and agreed to by us are
made. The failure of a successful bidder to timely remit acceptable payment for
a salvage item will constitute grounds for us to reject any and all future
salvage bids from that bidder, at our discretion.
DOCUMENTATION PROVIDED WITH SALVAGE:
Under most circumstances each
salvage aircraft is sold with a clear title and a completed Bill of Sale. If
available and appropriate, the registration certificate and airworthiness
certificate may be included with the salvage. However, the registration
certificate, if included, will reflect the sale transaction. All available
logbooks and related documentation provided to us will also be included unless
otherwise noted on the bid sheet. However, LAD and the insurance company or
client involved make no representations, and offer no guarantees or commitments
as to the condition or form of title, status of any liens or lien releases,
other judgments or encumbrances of any kind, or the registration certificate
and/or airworthiness certificate. Our inability to provide any items of
documentation will not be an acceptable basis for bid withdrawal and no monetary
adjustments for the lack of documentation will be considered.
RELEASE AND REMOVAL OF SALVAGE:
Upon receipt of acceptable payment
as outlined above, LAD will release the salvage item(s) to the successful bidder
only. The successful bidder will be responsible for making all arrangements for
the removal, loading, packing, shipping and transport of all items associated
with the salvage, wherever its location, and at his/her/its own expense. Buyer
will have 15
days of the Salvage Award Date to remove the salvage item(s), or
arrange for its continued storage at his/her/its expense. Our failure to reach
you by telephone or other means on the Salvage Award Date does not extend the 15-day
storage period.
LIABILITY LIMITATION:
Should a situation develop where
the liability, if any, of LAD and/or the insurance carrier or client it
represents has been established, the liability of either shall not under any
event or circumstance exceed the refund of the purchase price (i.e., the
successful bid amount) upon the return of the salvage item involved.
RELEASE OF LIABILITY AND INDEMNITY:
Under no circumstance shall we, or
the insurance carrier or other client, be liable or responsible for any injury
or damage sustained by a prospective bidder while on our property, or while on
the property of any storage facility where salvage is kept, or incurred during
the course of inspecting or examining any salvage item, whether or not we are
negligent. Any salvage bidder, or prospective salvage bidder, acting on
his/her/its own behalf, who enters into any structure or area where salvage may
be stored, shall indemnify us and hold us and our client(s), and our/their
agents, officers, and employees, harmless from and against any and all loss,
detriments, costs, damages, or expenses of any kind which he/she/it may suffer
or sustain, including claims for injury or death. It is the express intent of
this paragraph that the bidder or prospective bidder hold us and our client(s)
harmless from and indemnify us from our own negligence, if any.
ORAL or WRITTEN MODIFICATION:
No statement(s) by any
representative of LAD and/or the insurance company, the storage facility, or any
other party, shall alter or confer any right upon any bidder or buyer that
alters or otherwise changes the terms of the sale or alters the bid description
published on this web site.