TERMS OF SALE

These Terms and Conditions of
Sale govern all items which
are offered for sale by UNION
CONFECTIONERY MACHINERY, a
division of National Equipment
Corporation, as well as any of
its employees, agents,
designees, affiliates, joint
venture partners, and/or co-
auctioneers (collectively,
"UNION CONFECTIONERY
MACHINERY"). UNION
CONFECTIONERY MACHINERY
reserves the right to modify
these Terms of Sale at any
time and any such modification
shall become part of these
Terms of Sale. By registering
at the auction, the Buyer
agrees to be bound by these
Terms of Sale.

1. Payment. A refundable
deposit of approximately 15%
of estimated purchases will be
required. Only wire transfer
of funds payable to UNION
CONFECTIONERY MACHINERY will
be accepted. Full payment is
due to UNION CONFECTIONERY
MACHINERY on receipt of
invoice and before shipment.
2. Taxes. Where required by
law, Buyer shall pay to UNION
CONFECTIONERY MACHINERY sales
tax, value added tax or any
other applicable tax. Any such
taxes will be added to the
purchase price of all
purchased items, as well as
the Buyers Premium. At the
time of payment, dealers who
purchase for resale must
supply UNION CONFECTIONERY
MACHINERY with all necessary
documentation or upon receipt
of such resale documentation;
the tax will be refunded to
the dealer.
3. Buyers Premium. UNION
CONFECTIONERY MACHINERY will
charge and retain a non-
negotiable 15.0% buyer`s
commission from the proceeds
of any sale on the final bid
of each lot sold ("Buyer`s
Premium")
4. Title. Title to the offered
item shall pass to Buyer upon
(i) the payment in full to
UNION CONFECTIONERY MACHINERY;
and (ii) removal of purchased
item from the premises,
subject to compliance by Buyer
with all other Terms of Sale.
UNION CONFECTIONERY MACHINERY
reserves the right to cancel
or void the sale of any items
purchased by Buyer up to the
time such items are removed
from the premises by Buyer.
5. Inspection. Buyer hereby
acknowledges that Buyer, or an
agent acting on Buyers behalf,
has inspected, or has had the
opportunity to inspect, all of
the items upon which Buyer
will be bidding and/or does
purchase. After a sale has
been confirmed, the Buyer
shall be deemed to have
inspected all purchased items.
6. Safety Standards. Buyer
expressly assumes all
responsibility to secure all
safety equipment and to meet
all applicable local, state
and governmental safety
standards in using or removing
any items purchased.
7. Adjustment of price. Where
appropriate, if a shortage
exists on an estimated count
of items sold, an adjustment
on the sale price may be made
by UNION CONFECTIONERY
MACHINERY. Buyer must request
such an adjustment prior to
the time Buyer removes such
items. No adjustment will be
made for any shortage existing
on any lot of items without a
marked quantity.
8. Removal of Items Purchased.
All items located at UNION
CONFECTIONERY MACHINERY will
be prepared for shipment and
loaded by UNION CONFECTIONERY
MACHINERY at the Buyer?s
expense. The cost of skidding,
crating and loading will be
included on the final invoice.
Items located at other
facilities will be prepared
for shipment and loaded by
local riggers at Buyer`s
expense.
9. Failure to remove items
purchased. If items are not
removed within the specified
time for removal, (i) such
items will be deemed abandoned
by the Buyer, (ii) Buyer shall
forfeit all monies paid to
UNION CONFECTIONERY MACHINERY
for the purchase of such
item(s), including any rigging
costs and (iii) Buyer shall
forfeit the right to purchase
such item(s). In addition,
Buyer shall be responsible for
all damages suffered by UNION
CONFECTIONERY MACHINERY in
accordance with Paragraph 16,
below, including, but not
limited to, any dismantling,
transportation, storage or
other costs, including
attorneys? fees incurred by
UNION CONFECTIONERY MACHINERY
as a consequence of Buyers
failure to remove such
item(s).
10. Absence of Warranties.
While all descriptions are
believed to be correct. UNION
CONFECTIONERY MACHINERY and
the Owners make no warranties
or guarantees, expressed or
implied, as to the
genuineness, authenticity of,
or defect in any lot. Neither
UNION CONFECTIONERY MACHINERY
nor the Owners shall be liable
for any inaccurate, incomplete
or incorrect description,
fault or defect in any lot.
ALL SALES BY UNION
CONFECTIONERY MACHINERY OF THE
GOODS, WILL BE AS IS, WHERE
IS, WITH ALL FAULTS, LATENT
AND PATENT, WITHOUT
REPRESENTATION OR WARRANTY,
EITHER EXPRESSED OR IMPLIED,
OF ANY KIND, INCLUDING ANY
WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR
PURPOSE OR WARRANTY AGAINST
PATENT, TRADEMARK, COPYRIGHT
OR TRADE SECRET INFRINGEMENT.
11. Indemnification. Buyer
shall indemnify, hold harmless
and defend UNION CONFECTIONERY
MACHINERY and the Owners from
and against any and all
losses, damages, liabilities
and claims, and all attorneys
fees, costs and expenses
arising out of, based upon or
resulting from (i) any loss or
injury resulting from Buyers
failure to secure all safety
equipment and/or to meet all
applicable government safety
standards in removing items
purchased or in use, (ii) any
act by or omission of UNION
CONFECTIONERY MACHINERY, the
Owners, or their respective
agents, representatives or
employees, relating to or
affecting the goods bid on and
or purchased by Buyer, or
(iii) any injury to Buyer or
any other person or property
of any type whatsoever caused
during the inspection,
auction, dismantling, removing
transporting or use of the
items purchased.
12. Hazardous Materials. Buyer
will indemnify, defend and
hold UNION CONFECTIONERY
MACHINERY harmless with
respect to all costs,
expenses, liabilities, damages
or claims, including without
limitation, attorneys fees,
asserted by any person, entity
or governmental agency or
against UNION CONFECTIONERY
MACHINERY directly or
indirectly relating in any
manner to any hazardous or
toxic materials, which may be
regulated under applicable
laws, rules or regulations,
(collectively, Hazardous
Materials) and which relate in
any way to the dismantling or
removal of any purchased item.
UNION CONFECTIONERY MACHINERY
shall in no event be obligated
to sell any items which
contain any Hazardous
Materials, or to incur any
costs or expenses relating in
any manner, either directly or
indirectly, to any Hazardous
Materials. Buyer will be
responsible for any and all
remediation costs related to
the dismantling and removal of
any purchased item.
13. Acts Of Others. UNION
CONFECTIONERY MACHINERY is not
responsible for (i) the acts
or omissions of any party who
provided any items to the
auctioneer for sale, (ii) the
owner or lessor of the auction
site, (iii) the owner or
lessor of the site where the
items are stored, or (iv) the
acts or omissions of any party
who provides services to the
auctioneer, including, but not
limited to telecommunication
or internet bidding services.
14. Default/Non-Compliance. In
the event the Buyer fails to
pay the entire purchase price
and/or fails to comply with
any conditions of these Terms
of Sale, UNION CONFECTIONERY
MACHINERY may retain and/or
recover the Buyers deposit for
such failure. In addition,
UNION CONFECTIONERY MACHINERY
may resell such items at a
public or private sale without
further notice. If, at such a
sale, the item is sold for a
lesser price the original
buyer (defaulter) will be
responsible for the
difference. Furthermore, any
charges, fees and/or expenses
incurred by Union
Confectionery Machinery as a
result of resale will also be
the responsibility of the
defaulter. This also includes
any attorneys? fees that may
result in enforcement of this
agreement.
15. Limitation of Liability.
UNION CONFECTIONERY MACHINERY,
the Owners, or their
respective agents,
representatives or employees,
shall have no liability to
Buyer due to non-delivery of
any item for any reason other
than to return to Buyer the
monies deposited for such non-
delivered items. Buyers sole
remedy for non-delivery of
items shall be the refund of
the original purchase price
paid by Buyer for such items.
UNION CONFECTIONERY MACHINERY,
the Owners, or their
respective agents,
representatives or employees,
shall not be liable for any
lost profits, incidental or
consequential damages or the
replacement value of any item.
16. Arbitration. Any dispute
or controversy arising out of
or relating to the auction or
any interpretation,
construction, performance or
breach of these Terms of Sale,
including fraud in the
inducement, shall be resolved
by final and binding
arbitration conducted by a
retired judge, either with
Judicial Arbitration and
Mediation Service or through
the American Arbitration
Association. Judgment may be
entered on the arbitrators?
decision in any court having
jurisdiction.
17. Attorneys Fees. Should any
party to this agreement
institute any arbitration or
other action or proceeding in
any way relating to the
auction, or to enforce,
interpret or apply any
provision of these Terms of
Sale, the parties agree that
the prevailing party shall be
entitled to reimbursement by
the losing party of all
statutory and non-statutory
costs and expenses, including,
but not limited to, all of its
attorneys fees.
18. Governing Law. The
substantive law of the country
or region where the auction
was conducted shall govern the
validity, construction and
performance of these Terms of
Sale.
19. Severability. If any
provision of these Terms of
Sale is deemed illegal,
invalid or unenforceable, the
legality, validity and
enforceability of the
remaining parts, shall not be
affected.