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TERMS AND CONDITIONS PART 2

In Milgard - Surplus to the Ongoing Operations: M...

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TERMS AND CONDITIONS PART 2
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Simi Valley, California
Auctioneer has chosen not to publish the price of this lot
Simi Valley, California
7.25%
20.00%

TERMS AND CONDITIONS CONTINUED...

 

Auction sales and items are subject to cancellation without prior notice. 

 

The Auctioneer reserves the right to augment this auction with items from additional sellers. These items may be interspersed and not specially identified throughout the auction sale. 

 

The Auctioneer shall regulate all matters relating to the conduct of the auction and the Auctioneer's decisions shall be final and binding on all bidders. 

 

The Auctioneer reserves the right to group, regroup, reduce, add to or delete lots as well as accept or reject any or all bids at the Auctioneer's sole and absolute discretion. 

 

The Auctioneer reserves the right to offer any or all of the items in bulk at any time during the auction at the Auctioneer's sole and absolute discretion. 

 

The Auctioneer shall determine the bidding increments and the Auctioneer may bid on any item(s) to protect its financial interest or indebtedness at its sole and absolute discretion. 

 

Immediately upon the Auctioneer announcing sold or knockdown and the Auctioneer has declared the Undersigned to be the Purchaser, all items comprising of the lot become the sole and absolute responsibility of the Undersigned and the Undersigned shall thereupon and thereafter assume all risk of loss (including, but not restricted to loss by way of theft or damage) and liability relating to such items. The Undersigned is advised to pre-arrange insurance coverage for its purchases as there will be no refunds for missing, lost, damaged or stolen items unless and only at the Auctioneers sole discretion. The Auctioneer shall in no event be liable to the Purchaser for non-delivery of any item(s) for any reason except for the return to the Buyer of the deposit or other sums paid for such non delivered items. This non-delivery period extends from the knock down until the time allotted for the removal process concludes. In no event will the Auctioneers liability to the Undersigned exceed the amount actually paid by the Undersigned. THE UNDERSIGNED HEREBY ACKNOWLEDGES AND AGREES THAT THE AUCTIONEER SHALL NOT BE LIABLE FOR SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES. 

 

Title to and possession of the item(s) shall not pass to the Undersigned until the Auctioneer has received payment for all items duly purchased in full. All items and the entirety of the Purchasers invoice require payment in full prior to Auctioneer releasing any items. If all the items are not paid in full by Purchaser for any reason, and Purchaser has provided Auctioneer any monetary consideration, Auctioneer will retain all the items and the monetary consideration paid by Purchaser to mitigate Auctioneers financial damages caused by Purchaser. If after the subsequent mitigation amounts (if any) received by Auctioneer exceed the amount of the Purchasers invoice and below, the auctioneer will refund such amounts to the Purchaser once determined by Auctioneer in its sole discretion. The Purchaser hereby agrees items purchased at this auction will be invoiced in totality, although in some cases separately priced on the invoice, the total amount due Auctioneer of the Purchasers invoice is deemed a single contract if in the event of a legal dispute.     

 

If for any reason the Undersigned fails to pay the full amount of its invoice within the first banking day 24 hours after the auction, and/or fails to remove all of its items on or before the date posted on Purchasers invoice, and/or fails to comply with any other terms and conditions of this Contract, all the items on the Purchasers invoice will be considered abandoned and the Auctioneer in its sole discretion and without further notice to Purchaser may remove, dispose of, scrap, resell at public or private sale any or all the items and the Undersigned hereby agrees to pay to Auctioneer any monetary mitigation deficiency and costs as a result thereof, including all removal, rent, lay and hold over fees.  The bidder understands and acknowledges that there is sufficient consideration by both parties to perform, and that if payment in full is not made within the specific time outlined in the contract, the bidder is agreeing to be bound by a “consent judgment" and is violation and in default of contract. By signing below you are consenting to the terms of a judgment entered against you and are waiving your rights to any court hearing. In addition,  relating to such disposition together with all charges, including attorney, court and legal fees, interest and any and all other expenses in connection with such disposition, plus a $500.00 per diem administrative fee per item until such item(s) is (are) removed.   

 

The Undersigned agrees that the Auctioneer may retain all deposits previously received and apply such deposits to any such deficiency without further notice to Purchaser. Purchaser hereby agrees that “time is of the essence" in regards to this Contract regarding payment of its invoice and removal of its items. For purposes of clarity, Purchaser further acknowledges and agrees Auctioneer will be monetarily damaged for the subsequent disposal of any item(s) for any reason and that the Purchaser will be responsible to pay Auctioneer for all of the above and any other such monetary mitigation deficits, damages known and unknown, and any and all other cost to Auctioneer to collect and enforce this Contract. Any monetary deficiencies to the Auctioneer become the debt of the Undersigned.       

 

This Agreement shall be construed and interpreted according to the laws of the State of California.  The Bidder further agrees to have Burbank California as the Forum City & State in the event any lawsuit is initiated by either party. If any action based on the performance, breach or interpretation of this Agreement is brought, the prevailing party in such action (as determined by the court or other body having jurisdiction) shall be entitled to recover from the losing party all actual costs and expenses of litigation or arbitration, including attorney's fees, court costs, costs of investigation, and other costs related to such proceeding. 

 

AUCTIONEER DOES NOT WARRANT THAT THE FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE ONLINE OR WEBCAST BIDDING PLATFORM OR SOFTWARE, INCLUDING ANY THIRD-PARTY SOFTWARE, PRODUCTS OR OTHER MATERIALS USED IN CONNECTION WITH THE WEBSITE OR BIDDING WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. AUCTIONEER RESERVES THE RIGHT TO ACCEPT AND OR REJECT AND OR REMOVE ANY ELECTRONIC BIDS FOR ANY REASON AT ANY TIME IN ITS ABSOLUTE SOLE DISCRETION. BIDDER AGREES ALL OF ITS ELECTRONIC BIDS ARE BINDING REGARDLESS OF ORDER AND OR TIME IN WHICH THEY ARE ACCEPTED OR REJECTED.

TERMS AND CONDITIONS CONTINUED...

 

Auction sales and items are subject to cancellation without prior notice. 

 

The Auctioneer reserves the right to augment this auction with items from additional sellers. These items may be interspersed and not specially identified throughout the auction sale. 

 

The Auctioneer shall regulate all matters relating to the conduct of the auction and the Auctioneer's decisions shall be final and binding on all bidders. 

 

The Auctioneer reserves the right to group, regroup, reduce, add to or delete lots as well as accept or reject any or all bids at the Auctioneer's sole and absolute discretion. 

 

The Auctioneer reserves the right to offer any or all of the items in bulk at any time during the auction at the Auctioneer's sole and absolute discretion. 

 

The Auctioneer shall determine the bidding increments and the Auctioneer may bid on any item(s) to protect its financial interest or indebtedness at its sole and absolute discretion. 

 

Immediately upon the Auctioneer announcing sold or knockdown and the Auctioneer has declared the Undersigned to be the Purchaser, all items comprising of the lot become the sole and absolute responsibility of the Undersigned and the Undersigned shall thereupon and thereafter assume all risk of loss (including, but not restricted to loss by way of theft or damage) and liability relating to such items. The Undersigned is advised to pre-arrange insurance coverage for its purchases as there will be no refunds for missing, lost, damaged or stolen items unless and only at the Auctioneers sole discretion. The Auctioneer shall in no event be liable to the Purchaser for non-delivery of any item(s) for any reason except for the return to the Buyer of the deposit or other sums paid for such non delivered items. This non-delivery period extends from the knock down until the time allotted for the removal process concludes. In no event will the Auctioneers liability to the Undersigned exceed the amount actually paid by the Undersigned. THE UNDERSIGNED HEREBY ACKNOWLEDGES AND AGREES THAT THE AUCTIONEER SHALL NOT BE LIABLE FOR SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES. 

 

Title to and possession of the item(s) shall not pass to the Undersigned until the Auctioneer has received payment for all items duly purchased in full. All items and the entirety of the Purchasers invoice require payment in full prior to Auctioneer releasing any items. If all the items are not paid in full by Purchaser for any reason, and Purchaser has provided Auctioneer any monetary consideration, Auctioneer will retain all the items and the monetary consideration paid by Purchaser to mitigate Auctioneers financial damages caused by Purchaser. If after the subsequent mitigation amounts (if any) received by Auctioneer exceed the amount of the Purchasers invoice and below, the auctioneer will refund such amounts to the Purchaser once determined by Auctioneer in its sole discretion. The Purchaser hereby agrees items purchased at this auction will be invoiced in totality, although in some cases separately priced on the invoice, the total amount due Auctioneer of the Purchasers invoice is deemed a single contract if in the event of a legal dispute.     

 

If for any reason the Undersigned fails to pay the full amount of its invoice within the first banking day 24 hours after the auction, and/or fails to remove all of its items on or before the date posted on Purchasers invoice, and/or fails to comply with any other terms and conditions of this Contract, all the items on the Purchasers invoice will be considered abandoned and the Auctioneer in its sole discretion and without further notice to Purchaser may remove, dispose of, scrap, resell at public or private sale any or all the items and the Undersigned hereby agrees to pay to Auctioneer any monetary mitigation deficiency and costs as a result thereof, including all removal, rent, lay and hold over fees.  The bidder understands and acknowledges that there is sufficient consideration by both parties to perform, and that if payment in full is not made within the specific time outlined in the contract, the bidder is agreeing to be bound by a “consent judgment" and is violation and in default of contract. By signing below you are consenting to the terms of a judgment entered against you and are waiving your rights to any court hearing. In addition,  relating to such disposition together with all charges, including attorney, court and legal fees, interest and any and all other expenses in connection with such disposition, plus a $500.00 per diem administrative fee per item until such item(s) is (are) removed.   

 

The Undersigned agrees that the Auctioneer may retain all deposits previously received and apply such deposits to any such deficiency without further notice to Purchaser. Purchaser hereby agrees that “time is of the essence" in regards to this Contract regarding payment of its invoice and removal of its items. For purposes of clarity, Purchaser further acknowledges and agrees Auctioneer will be monetarily damaged for the subsequent disposal of any item(s) for any reason and that the Purchaser will be responsible to pay Auctioneer for all of the above and any other such monetary mitigation deficits, damages known and unknown, and any and all other cost to Auctioneer to collect and enforce this Contract. Any monetary deficiencies to the Auctioneer become the debt of the Undersigned.       

 

This Agreement shall be construed and interpreted according to the laws of the State of California.  The Bidder further agrees to have Burbank California as the Forum City & State in the event any lawsuit is initiated by either party. If any action based on the performance, breach or interpretation of this Agreement is brought, the prevailing party in such action (as determined by the court or other body having jurisdiction) shall be entitled to recover from the losing party all actual costs and expenses of litigation or arbitration, including attorney's fees, court costs, costs of investigation, and other costs related to such proceeding. 

 

AUCTIONEER DOES NOT WARRANT THAT THE FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE ONLINE OR WEBCAST BIDDING PLATFORM OR SOFTWARE, INCLUDING ANY THIRD-PARTY SOFTWARE, PRODUCTS OR OTHER MATERIALS USED IN CONNECTION WITH THE WEBSITE OR BIDDING WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. AUCTIONEER RESERVES THE RIGHT TO ACCEPT AND OR REJECT AND OR REMOVE ANY ELECTRONIC BIDS FOR ANY REASON AT ANY TIME IN ITS ABSOLUTE SOLE DISCRETION. BIDDER AGREES ALL OF ITS ELECTRONIC BIDS ARE BINDING REGARDLESS OF ORDER AND OR TIME IN WHICH THEY ARE ACCEPTED OR REJECTED.

Milgard - Surplus to the Ongoing Operations: Manufactures and Distributes High-Quality Windows and Patio Doors

Sale Date(s)
Lots: 600
Venue Address
.
Simi Valley
California
.
United States

For BidItUp Auctions Worldwide delivery information please telephone (818) 508-7034.

Important Information

MAJOR SURPLUS TO THE ONGOING OPERATIONS OF MILGARD WINDOWS & DOORS – SIMI VALLEY, CA

Global Online Auction – October 16, 2025

Conducted by: BidItUp Auctions Worldwide
Simi Valley, California

BidItUp Auctions Worldwide is pleased to announce a major sale of late-model fabrication machinery, plant support systems, dust collection, racking, and more—surplus to the ongoing operations of Milgard Windows & Doors in Simi Valley, CA. This auction features premium, well-maintained industrial assets from a top-tier manufacturer in aluminum, glass, and window systems.

Auction Goes Live: October 16, 2025

Full catalog and asset list coming soon!


FEATURED ASSETS INCLUDE:

FABRICATION SYSTEMS

  • (2) EMMEGI Aluminum Fabrication Centers – CNC-style aluminum cutting & routing cells; one available

  • GED Intercept® 2.5 Spacer Fabrication Line – For insulated glass unit production
    More Info

  • GED Hot Melt Pumps – Multiple HMP-610 units for IGU fabrication

  • GED Automated Unloader with Tilt Table – Custom-built for post-wash/oven handling

  • GED Integrated Machine – For glass processing and handling

  • Progressive Saws – With associated TigerStop-style gauges

  • Speed Bagger Packaging Machine

PAINT & CURING SYSTEMS

  • Rohner Paint Booth – Temperature-controlled, with blowers

  • Rohner Titan Curing Oven – Matched to paint booth

  • Secondary Rohner Paint Booth – Possible storage or secondary finishing booth

  • Insulated Paint Storage Racks

DUST COLLECTION

  • AAF OptiFlo Dust Collector – High-capacity central system

  • Flex-Kleen Dust Collector – Additional heavy-duty collector

  • Secondary Dust Collection Units – One unused, like-new condition


CRANES, LIFTS & MATERIAL HANDLING

  • CraneVeyor Bridge Crane System – 4-bay configuration with multiple hoists

  • (4) Overhead Cranes – (1) 4-ton and (3) 5-ton units

  • Trolley Rail System – Approx. 200 yards total travel

  • Hoists, Cross Beams & Girders


COMPRESSORS, TANKS & UTILITIES

  • (6) Air Compressors, including:

    • Gardner Denver Electra Saver Rotary Screw

    • (2) Ingersoll Rand NVC300A400

    • (2) Gardner Denver EAH99D Base-Mounted

  • Air Tanks, Pumps, Air Hoses, and Utility Infrastructure


TOOLROOM & MACHINERY

  • Bridgeport Vertical Mill

  • Chevalier FSG-618M Surface Grinder

  • Iberodrill Drill Press

  • Edison 1340GH Lathe

  • Tool Room Equipment – Pneumatic tools, chop saws, inventory of spare parts


PALLET RACKING & STORAGE SYSTEMS

  • Extensive Inventory of Pallet Racking – Various styles and configurations

  • Process & Moving Racks

  • Custom Racking with Internal Dives

  • Racking Associated with Unloaders & Assembly

  • Temperature-Controlled Racking Units


MRO, SPARE PARTS & PLANT SUPPORT

  • Spare Motors & Maintenance Inventory

  • Copper Wire, Scrap, and Shop Utilities

  • Hand Tools: Drills, Saws, Battery Tools

  • MRO Inventory Sold by the Row

  • Vessels, Pumps & Miscellaneous Support Items


OFFICE & IT EQUIPMENT

  • Large Quantity of Office Furniture – Desks, chairs, conference tables

  • IT Equipment – Monitors, TVs, network gear (to be sold separate from building)


Don’t miss this opportunity to acquire high-quality, production-ready machinery, racking systems, and plant assets from one of the leading names in window and door manufacturing.


Auction Date: October 16, 2025
Location: Milgard Windows & Doors – Simi Valley, California
Full catalog and inspection details coming soon!

 

 

 

 

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Terms and Conditions

BidItUp, LLC
Bidder’s Binding Contract

Definitions

  • Agreement: This document is the BidItUp, LLC Bidder’s Binding Contract and governs all terms of participation in the auction.

  • Auctioneer: BidItUp, LLC, acting as the auctioneer, seller, or legal owner of LOTS during the auction process.

  • Bidder: The individual or entity (e.g., sole proprietor, partnership, corporation, trustee, agent, etc.) who places a bid is electronically agreeing to these terms and conditions and is authorized by the Auctioneer to participate in bidding.

  • Buyer’s Premium: A percentage added to the winning bid price. For example, with a 20% Buyer’s Premium, a $100 bid results in an invoice total of $120, plus applicable sales tax.

  • Lots: Any items offered for bidding by the Auctioneer.

  • Owner: The legal owner of any item offered as part of a Lot.


Bidder Responsibilities Regarding Bids

  • All bids placed are final, binding, and cannot be rescinded or altered under any circumstances.

  • By placing a bid, the Bidder affirms that they have fully reviewed the terms of the auction and accept that every bid represents a binding contractual obligation.

  • The Auctioneer will not accept claims of accidental bids or bidding errors; it is the Bidder's sole responsibility to review and confirm their actions prior to submitting a bid.

Key Terms

  1. Auction Conduct:

    • This auction will adhere to the terms in this Agreement. Changes, amendments, or announcements by the Auctioneer may supersede these terms and will be posted on www.biditup.com or announced during the auction.

  2. Buyer Beware:

    • All Lots are sold “AS IS, WHERE IS” with no warranties, expressed or implied, regarding condition, fitness for purpose, or merchantability.

    • It is the Bidder’s responsibility to inspect Lots before bidding.

  3. Reserve Auction:

    • This auction is conducted with reserve, and the Auctioneer reserves the right to bid on Lots and accept or reject bids at its sole discretion.

  4. Description Accuracy:

    • Descriptions, advertisements, and invoices are for informational purposes only and may change without notice.

    • Bidder agrees to rely solely on their inspection and investigation of Lots and not on Auctioneer-provided descriptions.


Buyer Default Clause

  • In the event of default by the Bidder, including failure to make payment or remove Lots within the specified timeframe, the Auctioneer reserves the right to resell the Lots or dispose of them at the Bidder’s expense. The Bidder shall be responsible for all associated costs, including but not limited to storage fees, disposal fees, and legal expenses.

No Refunds or Returns

  • There are no refunds, returns, or exchanges of any kind. All sales are final.

Responsibilities and Liabilities

  • Inspection: Bidders are encouraged to inspect Lots before bidding. Failure to inspect does not constitute grounds for cancellation or refunds.

  • Binding Contract: A successful bid creates a legally binding contract, and the Bidder is responsible for payment and removal of Lots as detailed in this Agreement.

  • Risk of Loss: Once the Auctioneer announces a sale, the Bidder assumes all risks, including theft, loss, or damage. Insurance coverage is recommended.

  • Non-Payment Penalties: Failure to pay invoices in full within 24 hours may result in:

    1. Forfeiture of deposits.

    2. Resale or disposal of Lots at the Bidder’s expense.

    3. Additional fees, including a $500 administrative fee per day and legal fees.


Non-Negotiable Auctioneer Fees

  • All fees, including but not limited to the Buyer’s Premium, title transfer fees, and administrative charges, are non-negotiable and must be paid in full as part of the total invoice.

Processes

1. Payment

  • All fees, including the Buyer’s Premium and title transfer fees, are final and must be paid in full.

1. Payment

  • A 25% deposit is required via cash, cashier’s check, or wire transfer. Credit cards are not accepted.

  • Final payments must be received within 24 hours after the auction.

  • Tax exemptions must be documented with valid proof. Otherwise, sales tax will apply.

2. Removal of Lots

  • Lots must be removed by the deadline stated on the invoice.

  • Any Lots not removed within the stated timeframe will be considered abandoned and may be resold, disposed of, or otherwise managed at the Bidder’s expense.

  • Bidder is responsible for:

    • Disconnecting all machinery or equipment at the first available junction or connection point.

    • Providing proof of insurance (worker’s compensation and liability).

    • Disconnecting utilities and ensuring safe removal.

    • Cleaning the area (e.g., floor bolts cut flush and debris removed).

3. Hazardous Materials and Safety

  • Certain Lots may contain residual chemicals, oils, or hazardous materials. The Bidder is solely responsible for the safe handling, removal, and disposal of such materials in compliance with all applicable federal, state, and local environmental laws.

  • Any spills, leaks, or contamination resulting from the removal process must be immediately addressed by the Bidder at their expense.

4. Tie Bids and Discretionary Awards

  • In the event of a tie bid, the Auctioneer will determine the winning Bidder at its sole discretion. The Auctioneer’s decision is final and binding.

  • The Auctioneer reserves the right to award a Lot to a Bidder's last registered bid at its sole discretion, even in the absence of competitive bids or tie scenarios.

4. Auctioneer Rights

  • The Auctioneer may:

    • Adjust bidding increments or group Lots.

    • Cancel, suspend, or reschedule sales.

    • Reject bids at its sole discretion.

6. Online Auction-Specific Terms

  • The Auctioneer is not responsible for errors in online bidding, including but not limited to software malfunctions, connectivity issues, or user errors. Bidders assume full responsibility for bids placed online and are encouraged to verify all entries before submission.

5. Recordings

  • The Auctioneer reserves the right to create image and audio/video recordings of the auction. By participating, the Bidder consents to the use of these recordings for promotional, operational, or legal purposes.


Additional Terms

  • Binding Arbitration:

    • All disputes will be settled by arbitration in Nevada.

    • Each party bears its own arbitration costs unless otherwise awarded.

  • No Liability for Malfunctions:

    • The Auctioneer is not liable for errors, delays, or site malfunctions. Sales affected by technical issues may be voided or rescheduled.

  • Environmental Compliance:

    • Bidders are fully responsible for ensuring compliance with all environmental laws and proper handling of hazardous materials during removal.

  • Withdrawal of Lots:

    • The Auctioneer reserves the right to withdraw any Lot from the auction at its sole discretion, without prior notice or liability.

  • Severability:

    • If any clause is deemed unenforceable, the remaining terms remain in effect.

  • Time is of the Essence:

    • Deadlines for payment and removal are strictly enforced. Non-compliance results in additional fees and liabilities.

  • Force Majeure Clause:

    • The Auctioneer is not liable for delays or failure to perform due to causes beyond its reasonable control, including natural disasters, government actions, or technical failures.

  • Waiver of Rights:

    • Bidders waive all rights under any state or federal laws that may limit the enforceability of general releases, including but not limited to Nevada law equivalents of California Civil Code Section 1542.


Agreement on Bidding Platform

By registering to bid for this auction, you are agreeing to these terms and conditions as outlined on the bidding platform.

Marketing Opt-In

By registering for this sale, you are opting in to the advertising mailing list, eblast notifications, and call list for this sale and upcoming offers.

Acknowledgment

By participating in this auction, the Bidder acknowledges and agrees to the terms and conditions outlined in this Agreement. Failure to comply may result in penalties, suspension of bidding privileges, or legal action.

See Full Terms And Conditions

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