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For Tiger Remarketing Services delivery information please telephone 805-497-4999.
To reach a member of our qualified support staff regarding information or questions pertaining to the bidding process; please reach us by phone, email or LiveChat
Auctioneer notes:
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ITEM HIGHLIGHTS
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CPV GLASS WASHING, CUTTING & BENDING
Flowcorp Water Jet Cutting System Consisting of: (3) Banks of (2) Fanuc 6-Axis Robotic Water Jet Cutting Cells, (3) Flowcorp High Pressure Water Units, Dimplex Chillers, & Ventilation System, and Controls.
CPV Glass Washing & Bending Lines Consisting of:
Glass Washer w/ 6` Wide Vacuum Feed Station, Centrifugal Blower, Water Softener System, Laser Inspection System, Fume Collector, Transfer Conveyors, Preheat Oven, Transfer Table, Pick & Place Unit, 6` Travel, Electric Rotary Furnace, 14" Diameter, Fabricated Steel Construction, Multiple 18"W Diameter Rotary Carriers; Drying Oven 42`W X12` Lx 34H, Including Supports and Controls.
CPV Coating Line Consisting of:
Turbo Spray Model TSM-9127 (8) Station Rotary Washer, 6`D x 6`T, Optiflex Silver Spray Machine, with (16) 18"D Dome shaped Rotating Spray Fixtures, Perimeter Mounted Spray Heads, and Pumps, SPF Recycle Tank, Turbo Spray CPV Coating Machine/Oven, with Continuous Chain Type Conveyer, 10" x 10" Rotating Fixtures, Multiple Spray Heads, Electric Drying Oven, Bank of (8) Sinks with Reservoir and Pneumatic Diaphragm Pump, Rosenthal Bench Top Sheeter, 32"W, (2) Aero Spec Flash Test Inspection Machines, Conveyors, and More.
RP Washing, Grinding, Bending Line# 1 & 2 Consisting of:
(4) Glass Washers, 6` Wide, Transfer Belts, (2) Grind Table, with Bottom Collection, 10` X 6` X 4`; (10) Fanuc 6-Axis Robotic Manipulators With Rotating Fixtures & Control Consoles, (4) Oven Feed Fanuc 6-Axis Robotic Manipulators Running on Common Overhead Rails, 60`; (4) Steel Fabricated Gas Fired & Electric Tunnel Annealing Ovens 245` X 8`, with Top Mounted Refractory Lined Dual Chain Carrier Cooling Section, & Inspection Ports, Scissor Lift Loading Tables; EPS Powdering Systems; (2) ISRA Surface Vision Optical Measuring System W/ Control Panels (NOTE: LINE 2 IS NOT FULLY INSTALLED).
RP COATING Line Consisting of:
Fanuc 6-Axis Robotic Manipulator, Dual Belt Feed Tables, (2) Stainless Steel Spray Wash Stations, (4) 6` Wide Plate Washers, Rubber Covered Feed Rolls; (45) 8" Diameter Rotary Brushes, (2) Live Roller Bed Silver/Copper Sulfate Solution Spray Sections, Silver Dosing Station, Fume Exhaust System, (3) Automatic In-Line Paint Spray Systems W/ Filters, Pressure Regulators, Including Treatment Booths, Accumulation Towers, Pumps and Controls.
BONDING
Ceramic (Puck) Bonding Line Consisting of:
(2) Inkjet Printers; Dual Band Feed Conveyor, 4`W X 8`; Dual Band Feed Conveyor, 30` Long; (4) Dual Band Feed Conveyors, 8` Long; (2) Stainless Steel Washing Machines; Adhesive Application System, #5269, W/ (2) Column Mounted Guns, Drum Pumps; Flame Treater; (2) Over Conveyor Bridge Mounted Burners; (2) Robotic Manipulators W/ Control Console, (2) Toll Racks; (2) Fanuc 6-Axis Robotic Manipulators With Control Console And Vacuum Sheet Lifter and (6) Sheet Racks 7` X 3` X 12".
FACILITY EQUIPMENT
Cummins Backup Diesel Generator, 300 Kw, Fuel Tank Base, Weather Housing, Automatic Transfer Switch; 2009 Anguil Environmental 150 Regenerative Thermal Oxidizer (RTO); Buckeye Fabricating Paint Mix Tanks, 3` Diameter X 3` High, W/ Top Entry & Lightning Mixer, (4) Transformers 1500/2000 KVA, W/ Main Breaker & Power Distribution Cutler-Hammer Panel; Wastewater Treatment System, W/ Fabricated Steel Settling Tank, 15 X 8 X 10`, (2) Vertical Poly Tanks, 4`D X 6`H, Vertical Poly Tank, 8`D X 10`H, Vertical Poly Tank, 12`D X 12`H, Aquafine Ultraviolet Treatment System, Vertical Fiberglass Sludge Tank, 12`D X 6`H, Cone Base; Reverse Osmosis Water Treatment System, W/ (3) 8"D X 12` Vessels; Water Softener System, Consisting of (4) Vertical Fiberglass Vessels, 4`D, Salt Tank and Automatic Valve and More.
PLANT AIR EQUIPMENT
(2) Rotary Air Compressors, 100 HP, W/ Sound Cabinet, Vertical Steel Air Ingersoll-Rand Receiver Tanks, 54" Diameter X 14` High; Rotary Air Compressor, 75 HP Variable Speed Motor, W/ Sound Cabinet Ingersoll-Rand; Refrigerated Air Dryer, W/ Oil Separator, Filter, and Vertical Welded Steel Ingersoll-Rand Air Receiver Tank and More.
ROLLING STOCK
(3) 2011 Hyster S80FT LPG Forklifts, 8000Lb Capacity, W/ Side Shift & 3 Stage Mast, 2011 Hyster S60Ft LPG Forklift W/ Side Shift; JLG E450A Telescoping Boom Lift, 45`, 500Lb Capacity; 38’ Electronic Scissor Lift; Electronic Straddle Truck, 2000Lb Capacity; & 36’L 20,000Lb Capacity Forklift Truck Ramp and More.
WAREHOUSE AND SUPPORT
Highlight Predator Platinum Pallet Wrapper 6` Diameter Rotary Table; Pennsylvania 7500 Platform Scale, 5000lb Capacity; Inscale LP7510 Electronic Floor Scale, 5000lb Capacity; (3) Hyster Electric Pallet Jacks, Engine Lathe, 13" Swing, Vertical Milling Machine, 30" X 6" Tee Slot Power Table; Horizontal Band Saw; Belt/Disc Grinder; Welder; Portable Generator, 1400 Watts; Welders; Self- Dumping Hoppers; Pallet Racking; Drum Pumps; Barcode Printesr; Carts; Hydraulic Pallet Jacks; Bench Grinders; Vises; Tool Chests; Welding Screens; Bench Type Drill Press; Storage Containers; Miter Saws; Abrasive Cutoff Saw; Pneumatic Diaphragm Pumps; Hand & Power Tools; Paint Pumps; Ladders and More.
NETWORKING AND TELECOM
Servers, Storage Arrays, Switches, Routers, Firewalls, UPS’s, (40) Computer Work Stations, Laser Printers, Plotters, Phone System, Cd Projector, Video Conference System, Wall Projection Screen, Flat Screen TV’s and More.
OFFICE FURNITURE, FURNISHINGS AND EQUIPMENT
Desks, Coffee Tables, Pneumatic Task Chairs, Conference Room Tables, File Cabinets, Credenzas, Bookcases, Portable Air Conditioner, Pan Electronic Marking Board, Refrigerator, Microwave Oven, Coffee Maker, Exercise Equipment and More.
QUALITY CONTROL
Sheffield Endeavor+ Coordinate Measuring Machine, Perkin Elmer Lambda 950 Spectrometer, Hardness Tester, Humidity Chamber, Thermal Analysis Tester, Corrosion Exposure System, Test Benches, Fume Hood, Lab Furniture & Supplies and More.
PAINTING
Paint Mixing Tanks w/ Lightning Mixers, Lightning Barrel Mixing Stations, Graco Drum Mixers, Pumps, & Supplies and More.
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AUCTION TERMS
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Deposits
ONLINE
Online bidders must register at bidspotter.com by clicking on the Register Now button for this auction. Online bidders may register and qualify to receive a bidder`s paddle with a $500 credit card authorization; however, this will limit bidder`s auction day spending to $2,000. Upon bidder`s request, Auctioneer may accept up to $2,500 by credit card authorization, thereby extending buyer`s spending limit to $10,000. Online buyers who plan to spend in excess of $10,000 must provide a cashiers` check or wire transfer to Auctioneer 24 hours prior to the auction in an amount equal to 25% of anticipated purchases. Failure to do so will preclude participation in the auction.
ONSITE
Onsite bidders should register on the morning of the sale at the sale site location. Onsite bidders will be required to provide, at or before time of registration, a minimum deposit of $500 Cash Deposit (NO EXCEPTIONS) and must maintain a minimum deposit of 25% of their total bid amount during the course of the auction. Bidders Should be prepared onsite with multiple cashier’s checks or a check with a bank letter of guarantee
All deposits made via wire or credit card will be returned/released within 3-7 days unless purchases are made.
Buyer’s Premium
18% Buyer`s premium for Online Bidders & 15% Buyer’s premium for Onsite Bidders will be added to the price of each item purchased.
Payment
Full payment is due by Wednesday, December 18th at 12:00pm (PT)
Certificate of Insurance Loss Payees
Both of the following must be listed as Loss Payee on Buyer’s Insurance Certificate before removal may begin.
Please download the insurance requirements document HERE, for proper limits of coverage.
Tiger Remarketing Services
340 N. Westlake Blvd., Suite 260, Westlake Village, CA 91362
The Buncher Company
Building Owner & Landlord
1300 Penn Avenue. Suite 300, 3rd. Floor, Pittsburgh, PA 15222
All items subject to prior sale
Auctioneer has the right to add or delete lots for the sale at any time as well as to cancel the sale entirely.
All items, property or product offered for sale ("Items", "Property", "Product") are offered by Tiger Remarketing
Services (“Agent”), as an agent of the Property owner (“Seller”), subject to the following general terms of sale (“General
Terms of Sale”), which, combined with any supplemental or revised terms posted in materials, on the web or as
announced by Agent at the time of sale (“Sale Specific Terms”), make-up the complete and entire Terms of Sale
(“Terms of Sale”) that govern any sale by Agent to a Buyer.
1. Registration, Deposit and Payments.
All persons participating in the Sale, whether or not successful at purchasing Property, (referred to as a “Buyer”) must
register to become eligible to participate in the Sale, and must provide complete and accurate information as required
by Agent.
Registration Deposit
In order to qualify to bid, Buyer must provide Agent with an initial deposit of 25% of Buyer’s anticipated purchases,
but in no event less than the amount posted in the Sale Specific Terms (“Initial Deposit”). The initial deposit must be
provided in the form of cash, cashiers’ check (made payable to “Tiger Remarketing Services”), wire transfer or by a
check accompanied by bank letter of guarantee deemed acceptable by Agent, unless posted otherwise in the Sale
Specific Terms (“Acceptable Payment Forms”). Initial Deposits will be refunded upon request and provision to Agent
of Buyer`s deposit receipt, provided no purchases of Items are made. Deposit refunds must be claimed within 30 days
of the date of the Sale with a proper Deposit receipt, or otherwise shall be deemed as forfeited.
Buyers participating online must provide the Initial Deposit 24 hours prior to the Sale. Credit cards will be accepted
for the Initial Deposit from online Buyers up to and during the sale on the following conditions: 1) Buyer grants Agent
the irrevocable right to authorize Buyer’s credit card for the minimum deposit and such subsequent amounts
necessary to secure Buyer’s purchases; 2) Buyer grants Agent the irrevocable right to capture the authorizations on
Buyer’s credit card to secure Buyer’s purchases; 3) Buyers acknowledges that a credit card authorization shall not be
sufficient to secure purchases over $10,000, and therefore shall provide any additional deposit necessary in one of the
other Acceptable Payment Forms 24 hours prior to the Sale; 4) Buyer acknowledges and accepts that credit card
authorizations are subject to a 3-7 day hold on funds with Buyer’s credit card company, which hold is not under the
control of Agent to release.
Upon Buyers’ successful award of bid, Buyer shall be immediately responsible for 25% of their total purchased Items as
a non-refundable deposit (the “Deposit”), in one of the Acceptable Payment Forms. Buyers who have provided a
credit card for the initial deposit hereby authorize Agent to charge their credit card for the 25% Deposit. Agent’s
election not to collect the 25% Deposit, pending full payment, does not waive Buyer’s obligation to such amount in the
event of default, nor does it waive Agent’s right to process Buyer’s credit card for the 25% Deposit at a later date.
Unless posted otherwise in the Sale Specific Terms, Payment of the Balance Due (“Final Payment”) is required by 12:00
noon on the day following the Sale.
Final payments must be made in one of the Acceptable Payment Forms or, if allowed per the Sale Specific Terms, by
Visa or MasterCard. Unless alternative arrangements have been acknowledged and accepted by Agent prior to the
conclusion of the Sale, Online Buyers hereby authorize Agent to process the payment for the balance of their
purchased Items using the credit card provided. However, Buyers spending in excess of $10,000 must provide an
alternate Acceptable Payment Form for the portion of Buyer’s purchases exceeding $10,000. Buyers paying by credit
card hereby waive their rights to chargeback.
All Deposits and payments must be made in U.S. Dollars. IRS regulations require us to report all cash payments, as
defined by the IRS, exceeding $10,000 from any one purchaser for one transaction or two or more related
transactions. When accepted, business checks must be accompanied by a bank letter, drawn on a bank which is
acceptable to the Agent, which states that the bank will guarantee payment up to a specified amount (this letter must
contain the words “guarantee payment”). Buyer authorizes Agent to complete and deposit signed checks provided to
Agent without the dollar amount.
2. Buyer’s Premium. A Buyer’s premium will be added to the price of each item purchased. See each sale’s listing on
the SoldTiger.com website for the specific buyers’ premium rate to be charged. Buyers’ premium rates may vary based
on method of purchase (i.e. live vs. online).
3. Taxes. When required by law, Agent shall collect and Buyer shall pay all sales/use taxes or other applicable taxes,
which will be added to the purchase price, including the Buyers’ premium, on all purchased items. PRIOR TO THE
CLOSE OF THE SALE, Buyers who purchase for resale must fax or email to Agent documentation to prove their
exemption status, including, but not limited to, their resale permit and a completed and signed resale certificate form,
without which all applicable taxes will be charged by Agent. Buyers purchasing from out-of-state are required to
provide a Bill of Lading proving that the purchased Items are being transported directly out-of-state by a common
carrier. Sales/use taxes will be refunded in full to Buyers who prove their qualified exemptions as described above at
the time documentation deemed acceptable by Agent is received by Agent, provided such information is submitted
within 7 days of the Sale closing. Tiger reserves the right to reject any claim for sales tax exemption that it believes to
be insufficient to satisfy the scrutiny of the applicable taxing authority. Buyer’s obligation to make payment, in full,
for all items purchased, is not contingent upon or subject to any determination by Tiger regarding Buyer’s sales/use
tax exemption status or the timely notice in which Buyer’s sales/use tax exemption status is provided to the Buyer.
Additional information and forms regarding sales/use tax are available at www.tigergroupllc.com/salestax
4. Bidding. Agent reserves the right to add to, group, withdraw, re-catalog items in all Sales, or to sell in any order
Agent deems suitable, as well as adjust minimum bids and/or reserve prices and extend or shorten closing times. In
the event there is a dispute between two or more claims of entitlement as the successful bidder, Agent reserves the
right to resell the item(s) in dispute. Agent reserves the right to hold all bulk bids in abeyance and at the conclusion
of the sale or after the offering of a specific item, to accept either the bulk bid or the aggregate of the individual bids
received during the sale, whichever is higher. Agent reserves the right to reject any bid which is only a fractional
advance over the preceding bid or which is not commensurate with the value of the lot. Some of the items offered
may be subject to a reserve price (minimum allowable selling price).
Buyers participating online are responsible to confirm submittal of online bids for accuracy. When offered, Internet
bidding is provided via a 3rd Party Bidding System. Under no circumstances shall Buyer hold Agent liable for system
failures resulting in Buyer’s bid not being properly submitted. All bidding and subsequent transactions shall be in U.S.
dollars.
5. Representations. Agent makes every effort to provide accurate information about the items being sold; however in
no other way is accuracy of same guaranteed by Agent. Neither Seller nor Agent will assume responsibility for Buyer’s
bidding errors. It is Buyers’ full responsibility to confirm the accuracy of items offered for sale. Buyers are
recommended to inspect all items. When provided, descriptions, photos, conditions, dimensions, etc. are offered as a
guide only. In certain cases, a photo of like product may be used to represent several different lots. Photos may also
capture nearby items not listed as part of the lot. Agent shall not be held responsible for such errors as posting the
wrong photo, description, condition, dimension, etc. for an item. When in doubt, please physically inspect or bid
accordingly.
6. All Sales are Final. A successful bid at Auction, whether live or online, constitutes acceptance of the Terms of Sale
and is a legally binding contract of sale. All sales are final. There will be no refunds, returns or exchanges.
7. Removal of Items Purchased. See Sale specific information regarding removal dates, deadlines and conditions. No
checkout will be permitted during the Sale. Checkout will be scheduled by appointment only. All Items purchased
must be paid in full before an appointment can be scheduled or Items will be released from the premises. Buyers
without an appointment will be required to wait for the next available checkout clerk. Buyer is solely responsible to
pickup its purchased Items within the timeframes provided. Buyer must provide its invoice at time of pickup. All
Items must be removed by Buyer at its own risk and expense, and in compliance with all applicable laws, regulations
or ordinances.
Buyer is responsible to arrange to have its purchased Items packed, insured, rigged, moved or shipped, and shall
accept full responsibility for all labor, materials and costs necessary to complete its removal, as well as any damages,
losses, acts or omissions related to Buyer`s removal of purchased Items from the sale site. In the event Agent assists
Buyer with this process, it does so as a courtesy, and shall assume no responsibility for damages, losses, acts or
omissions of any packer or carrier, whether or not such packer or carrier is recommended by Agent. Agent is under
no obligation to provide materials or other services, and in no event will be liable for damage to Buyer`s purchased
Items regardless of cause. Quantities should be checked by Buyer or their Agent before removal of items. No
allowances will be made for claims or shortages once items have been removed.
Agent requires Certificates of Insurance from any purchaser or their agents that will be removing items which require
rigging, moving, dismantling, cutting, grinding, cutting or disconnecting electrical or plumbing utilities, use of any
type of vehicle or material handling equipment, or based on special circumstances as determined exclusively by
Agent. All Certificates of Insurance, must be properly completed, list all loss payees, as required by Agent and must
evidence general liability insurance at a minimum of $1 million per occurrence, auto liability at a minimum of $1
million per occurrence and workers compensation insurance at statutory limits or such other limits as may be required
for a specific sale.
In the event the sale involves the removal of installed items, Buyer acknowledges that they are responsible for and
entitled to remove the item as described to first point of utility disconnect. Further, Buyer acknowledges that they are
purchasing the item and its contents, but should not assume it is entitled to any controls, in wall wiring, cables,
connectors or down line components, unless specifically stated so in the lot description.
8. Failure to Remove Purchased Items. In the event items (including portions of a lot) are not removed in the
timeframes allotted, the items purchased shall be deemed abandoned and Buyer will lose any right, title or interest
Buyer may have acquired and the items shall revert and repossess to Agent without further notice to Buyer. Agent
shall also be entitled to any costs associated with the removal, storage and reselling of Buyer`s items, and any other
charges, fees, and expenses incurred as a result of Buyer`s failure, including all attorney fees and costs incurred by
Agent to enforce Buyer’s obligations hereunder.
9. Failure to Pay. In the event Buyer fails to pay the entire purchase price by the payment deadline, Agent may retain
and/or recover, upon demand, from Buyer the required Deposit per Paragraph 1 as liquidated damages for such
failure. In addition thereto, Agent may, at its discretion, either resell Buyer`s items at a public or private sale without
further notice to Buyer and/or dispose of the item at Buyer sole expense. Any difference between the bid price for an
item by the defaulting Buyer and the price received by Agent at a resale shall be paid to Agent by the defaulting
Buyer. In addition, a defaulting Buyer shall be deemed to have granted Agent a security interest in the item, which
Agent shall retain as collateral security for Buyer’s obligation to Agent.
10. Non-Delivery. Until such time as purchased items are removed from the premises by the Buyer, Agent shall have
the right to cancel or void the sale of any such items purchased by Buyer. Agent shall have no liability to Buyer due to
the non-delivery of any purchased item other than the return of Buyer’s deposit for a canceled or voided sale item.
No claim of any kind for purchased items, whether or not based on negligence, shall be greater in amount than the
purchase price paid by Buyer.
11. Absence of Warranties. The condition of the items being offered varies. The Buyer understands and agrees: (1)
that any description or sample of the items given or furnished by Agent is solely for identification, and does not create
any warranty expressed or implied, that the item actually conforms to such description or sample, (2) that Buyer or
agent on Buyer’s behalf has inspected or has had the opportunity to inspect, all of the items upon which Buyer will be
bidding and/or does purchase, (3) that all items are purchased and accepted by Buyer “AS IS”, “WHERE IS” and “WITH
ALL FAULTS”. AGENT MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER WHETHER WRITTEN,
ORAL OR IMPLIED AS TO QUALITY, QUANTITY, CONDITION, USABILITY, SALABILITY, WEIGHT, MEASUREMENT, YEAR,
MODEL, MECHANICAL CONDITION, PERFORMANCE, OR OTHER SPECIFICATIONS, INCLUDING ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY AGAINST PATENT, TRADEMARK,
COPYRIGHT OR TRADE SECRET INFRINGEMENT, (4) in the event there are manufacturer warranties in effect for the item
purchased, Buyer must make all claims hereunder directly with the provider of the warranty. No statement or
statements of any other paragraph herein shall be construed to in any way contradict the provisions of this paragraph.
12. Appropriate Rights and Clearances Not Included. All items are sold by Agent without any corresponding grant of
rights or clearance from any third parties. Since some of the items may, if commercially used, infringe third party
rights, Buyer acknowledges and agrees that it shall be solely responsible for acquiring all appropriate rights and
clearances from all third parties. Such rights and clearances include, but are not limited to, third party copyright,
trademark, patent, trade secret, and privacy rights.
13. Buyer’s Responsibility. Upon the Agent`s declaration of an item as "Sold", title to the offered lot shall pass to the
Buyer, subject to Buyer`s full payment, who shall forthwith assume full risk and responsibility for the lot. Buyer is solely
responsible to provide any personnel, equipment or material needed to pick up items purchased and shall assume all
responsibility for the removal of any item purchased at the sale and any and all risks associated with such removal
including, without limitation, the responsibility for providing licensed, qualified and bonded professionals to ensure
proper water, gas and/or power disconnection, and to leave the sale site in a safe condition, undamaged by the
removal process. Agent retains the right to prohibit and stop the ongoing removal of any item, by a Buyer, which
Agent, at its’ sole discretion, determines is not being removed in a professional and reasonable manner.
14. Hazardous Materials. Buyer agrees that in the event any purchased Items contain Hazardous Materials, Buyer
shall be responsible for disposing of such Hazardous Materials. Buyer agrees to provide Agent with evidence that
Buyer or its representatives are licensed for such removal and shall comply with all applicable local, state and/or
federal rules, laws and regulations. Agent, its agents or representatives shall not be responsible for its containment,
storage or removal. Buyer shall indemnify, defend and hold Agent harmless with respect to all costs, expenses,
liabilities, damages or claims, including attorneys’ fees, asserted by any person, entity or governmental agency or
against Agent directly or indirectly relating in any manner to any hazardous or toxic materials which may be regulated
under applicable laws, rules or regulations and which relate in any way to the dismantling and removal of any
purchased item. Agent shall in no event be obligated to sell any item which contains any hazardous materials or to
incur any costs or expenses relating in any manner, either directly or indirectly to any hazardous materials. Buyer
shall be responsible for any and all remediation costs relating to the dismantling and removal of any purchased item
containing hazardous materials. Buyer will not bring any Hazardous Materials onto the premises.
15. Acts of Others. All persons entering the Sale premises acknowledge that the Sale site is a potentially dangerous
place, which may include the operation of equipment and access to certain lots and areas that may be inherently
dangerous. Every person, which includes, but is not limited to the Buyer, as well as Buyer’s representatives, agents and
associates, who enter the Sale site, before, during and after the Sale shall be deemed to be there at their own risk with
notice of the condition of the premises, the activities on the premises and the conduct of any third parties and shall so
advise their agents, employees and associates. No person shall have any claim against Agent, Seller or Landlords, or
any of their respective agents, employees or principals at any sale site, for any injuries sustained, nor for damages to
or loss to persons or property which may occur from any cause whatsoever. Agent, Seller and Landlords, as well as
their agents, employees or representatives, shall not be liable by reason of any defect in or about the condition of the
premises on which the Sale is held. Buyer specifically releases Agent, Seller and Landlords, as well as their agents and
representatives from all liability thereof.
16. Limits of Liability. In no event shall Agent’s liability to Buyer exceed the purchase price actually paid for an
individual item or lot. A Buyer’s claim shall be limited to the amount paid for the merchandise, and shall not extend to
any obligation, risk, liability, right, claim, remedy for loss of use, revenue or profit, liability of Buyer to any third party,
personal injury, or any other direct, indirect, incidental or consequential damages. Buyer further acknowledges that
each item it purchases at the sale represents a separate transaction, and that no one transaction shall be conditioned
upon another transaction. Buyer hereby holds Agent, Seller and Landlords harmless from: (1) the acts or omission of
any party who provided any items to Agent for sale, (2) the acts or omission of the owner or Lessor of the Sale site or
the site where the Items are stored, (3) any claims Buyer may have against Agent, Seller, Landlords, or any former
owner of the property being sold, (4) Buyer’s failure in any way to properly inspect items and/or fulfill its obligations
per the terms and conditions of the sale, as indicated within this document or as announced by Agent at the time of
sale. In the event Buyer provides a deposit or payment using a Credit Card, Buyer acknowledges that it is purchasing
under the As-Is, Where-Is terms of the Sale and that Buyer shall waive all rights of charge back based on any claims of
misrepresentation, non-delivery or non-performance.
17. Right of Removal. Agent reserves the right to remove any person from the Sale site and to refuse that individual’s
bid, whether offered live, by proxy or by Internet.
18. Indemnification. Buyer shall indemnify, hold harmless and defend Agent, Seller and Landlords, from and against
any and all losses, damages, liabilities and claims, including attorney fees, costs and expenses arising out of based
upon or resulting from: (1) failure to secure all safety equipment and to meet all applicable government safety
standards in removing items purchased or used by Buyer, (2) failure to comply with safety instructions issued to Buyer
from Agent, (3) any act or omission of Agent, Seller, Landlords or their respective agents, representatives or
employees, relating to or affecting the items bid on or purchased by Buyer, (4) the claim of any third party claiming or
challenging title to any items purchased by Buyer or claiming infringement of any proprietary interest, (5) the claim of
any person resulting from Agent offering for sale or selling the items purchased by Buyer, (6) any injury to Buyer or
any other person or property of any type whatsoever caused during the inspection, dismantling, removing or
transporting of items purchased by Buyer.
19. Bidder’s Number. The bidder’s number is nontransferable. All bids made using the bid number will be the
responsibility of Buyer.
20. Governing Law. The validity, construction and performance of these Terms of Sale shall be governed by the
substantive law of the State of California as applied to agreements among California residents entered into and to be
performed entirely within California, without giving effect to its conflict of laws provisions. 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 attorney fees.
21. Severability. If any provision of these Terms of Sale is deemed to be illegal, invalid, or unenforceable, the legality,
validity, and enforceability of the remaining parts shall not be affected.
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For Tiger Remarketing Services delivery information please telephone 805-497-4999.
To reach a member of our qualified support staff regarding information or questions pertaining to the bidding process; please reach us by phone, email or LiveChat
Auctioneer notes:
________________________________________
ITEM HIGHLIGHTS
________________________________________
CPV GLASS WASHING, CUTTING & BENDING
Flowcorp Water Jet Cutting System Consisting of: (3) Banks of (2) Fanuc 6-Axis Robotic Water Jet Cutting Cells, (3) Flowcorp High Pressure Water Units, Dimplex Chillers, & Ventilation System, and Controls.
CPV Glass Washing & Bending Lines Consisting of:
Glass Washer w/ 6` Wide Vacuum Feed Station, Centrifugal Blower, Water Softener System, Laser Inspection System, Fume Collector, Transfer Conveyors, Preheat Oven, Transfer Table, Pick & Place Unit, 6` Travel, Electric Rotary Furnace, 14" Diameter, Fabricated Steel Construction, Multiple 18"W Diameter Rotary Carriers; Drying Oven 42`W X12` Lx 34H, Including Supports and Controls.
CPV Coating Line Consisting of:
Turbo Spray Model TSM-9127 (8) Station Rotary Washer, 6`D x 6`T, Optiflex Silver Spray Machine, with (16) 18"D Dome shaped Rotating Spray Fixtures, Perimeter Mounted Spray Heads, and Pumps, SPF Recycle Tank, Turbo Spray CPV Coating Machine/Oven, with Continuous Chain Type Conveyer, 10" x 10" Rotating Fixtures, Multiple Spray Heads, Electric Drying Oven, Bank of (8) Sinks with Reservoir and Pneumatic Diaphragm Pump, Rosenthal Bench Top Sheeter, 32"W, (2) Aero Spec Flash Test Inspection Machines, Conveyors, and More.
RP Washing, Grinding, Bending Line# 1 & 2 Consisting of:
(4) Glass Washers, 6` Wide, Transfer Belts, (2) Grind Table, with Bottom Collection, 10` X 6` X 4`; (10) Fanuc 6-Axis Robotic Manipulators With Rotating Fixtures & Control Consoles, (4) Oven Feed Fanuc 6-Axis Robotic Manipulators Running on Common Overhead Rails, 60`; (4) Steel Fabricated Gas Fired & Electric Tunnel Annealing Ovens 245` X 8`, with Top Mounted Refractory Lined Dual Chain Carrier Cooling Section, & Inspection Ports, Scissor Lift Loading Tables; EPS Powdering Systems; (2) ISRA Surface Vision Optical Measuring System W/ Control Panels (NOTE: LINE 2 IS NOT FULLY INSTALLED).
RP COATING Line Consisting of:
Fanuc 6-Axis Robotic Manipulator, Dual Belt Feed Tables, (2) Stainless Steel Spray Wash Stations, (4) 6` Wide Plate Washers, Rubber Covered Feed Rolls; (45) 8" Diameter Rotary Brushes, (2) Live Roller Bed Silver/Copper Sulfate Solution Spray Sections, Silver Dosing Station, Fume Exhaust System, (3) Automatic In-Line Paint Spray Systems W/ Filters, Pressure Regulators, Including Treatment Booths, Accumulation Towers, Pumps and Controls.
BONDING
Ceramic (Puck) Bonding Line Consisting of:
(2) Inkjet Printers; Dual Band Feed Conveyor, 4`W X 8`; Dual Band Feed Conveyor, 30` Long; (4) Dual Band Feed Conveyors, 8` Long; (2) Stainless Steel Washing Machines; Adhesive Application System, #5269, W/ (2) Column Mounted Guns, Drum Pumps; Flame Treater; (2) Over Conveyor Bridge Mounted Burners; (2) Robotic Manipulators W/ Control Console, (2) Toll Racks; (2) Fanuc 6-Axis Robotic Manipulators With Control Console And Vacuum Sheet Lifter and (6) Sheet Racks 7` X 3` X 12".
FACILITY EQUIPMENT
Cummins Backup Diesel Generator, 300 Kw, Fuel Tank Base, Weather Housing, Automatic Transfer Switch; 2009 Anguil Environmental 150 Regenerative Thermal Oxidizer (RTO); Buckeye Fabricating Paint Mix Tanks, 3` Diameter X 3` High, W/ Top Entry & Lightning Mixer, (4) Transformers 1500/2000 KVA, W/ Main Breaker & Power Distribution Cutler-Hammer Panel; Wastewater Treatment System, W/ Fabricated Steel Settling Tank, 15 X 8 X 10`, (2) Vertical Poly Tanks, 4`D X 6`H, Vertical Poly Tank, 8`D X 10`H, Vertical Poly Tank, 12`D X 12`H, Aquafine Ultraviolet Treatment System, Vertical Fiberglass Sludge Tank, 12`D X 6`H, Cone Base; Reverse Osmosis Water Treatment System, W/ (3) 8"D X 12` Vessels; Water Softener System, Consisting of (4) Vertical Fiberglass Vessels, 4`D, Salt Tank and Automatic Valve and More.
PLANT AIR EQUIPMENT
(2) Rotary Air Compressors, 100 HP, W/ Sound Cabinet, Vertical Steel Air Ingersoll-Rand Receiver Tanks, 54" Diameter X 14` High; Rotary Air Compressor, 75 HP Variable Speed Motor, W/ Sound Cabinet Ingersoll-Rand; Refrigerated Air Dryer, W/ Oil Separator, Filter, and Vertical Welded Steel Ingersoll-Rand Air Receiver Tank and More.
ROLLING STOCK
(3) 2011 Hyster S80FT LPG Forklifts, 8000Lb Capacity, W/ Side Shift & 3 Stage Mast, 2011 Hyster S60Ft LPG Forklift W/ Side Shift; JLG E450A Telescoping Boom Lift, 45`, 500Lb Capacity; 38’ Electronic Scissor Lift; Electronic Straddle Truck, 2000Lb Capacity; & 36’L 20,000Lb Capacity Forklift Truck Ramp and More.
WAREHOUSE AND SUPPORT
Highlight Predator Platinum Pallet Wrapper 6` Diameter Rotary Table; Pennsylvania 7500 Platform Scale, 5000lb Capacity; Inscale LP7510 Electronic Floor Scale, 5000lb Capacity; (3) Hyster Electric Pallet Jacks, Engine Lathe, 13" Swing, Vertical Milling Machine, 30" X 6" Tee Slot Power Table; Horizontal Band Saw; Belt/Disc Grinder; Welder; Portable Generator, 1400 Watts; Welders; Self- Dumping Hoppers; Pallet Racking; Drum Pumps; Barcode Printesr; Carts; Hydraulic Pallet Jacks; Bench Grinders; Vises; Tool Chests; Welding Screens; Bench Type Drill Press; Storage Containers; Miter Saws; Abrasive Cutoff Saw; Pneumatic Diaphragm Pumps; Hand & Power Tools; Paint Pumps; Ladders and More.
NETWORKING AND TELECOM
Servers, Storage Arrays, Switches, Routers, Firewalls, UPS’s, (40) Computer Work Stations, Laser Printers, Plotters, Phone System, Cd Projector, Video Conference System, Wall Projection Screen, Flat Screen TV’s and More.
OFFICE FURNITURE, FURNISHINGS AND EQUIPMENT
Desks, Coffee Tables, Pneumatic Task Chairs, Conference Room Tables, File Cabinets, Credenzas, Bookcases, Portable Air Conditioner, Pan Electronic Marking Board, Refrigerator, Microwave Oven, Coffee Maker, Exercise Equipment and More.
QUALITY CONTROL
Sheffield Endeavor+ Coordinate Measuring Machine, Perkin Elmer Lambda 950 Spectrometer, Hardness Tester, Humidity Chamber, Thermal Analysis Tester, Corrosion Exposure System, Test Benches, Fume Hood, Lab Furniture & Supplies and More.
PAINTING
Paint Mixing Tanks w/ Lightning Mixers, Lightning Barrel Mixing Stations, Graco Drum Mixers, Pumps, & Supplies and More.
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AUCTION TERMS
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Deposits
ONLINE
Online bidders must register at bidspotter.com by clicking on the Register Now button for this auction. Online bidders may register and qualify to receive a bidder`s paddle with a $500 credit card authorization; however, this will limit bidder`s auction day spending to $2,000. Upon bidder`s request, Auctioneer may accept up to $2,500 by credit card authorization, thereby extending buyer`s spending limit to $10,000. Online buyers who plan to spend in excess of $10,000 must provide a cashiers` check or wire transfer to Auctioneer 24 hours prior to the auction in an amount equal to 25% of anticipated purchases. Failure to do so will preclude participation in the auction.
ONSITE
Onsite bidders should register on the morning of the sale at the sale site location. Onsite bidders will be required to provide, at or before time of registration, a minimum deposit of $500 Cash Deposit (NO EXCEPTIONS) and must maintain a minimum deposit of 25% of their total bid amount during the course of the auction. Bidders Should be prepared onsite with multiple cashier’s checks or a check with a bank letter of guarantee
All deposits made via wire or credit card will be returned/released within 3-7 days unless purchases are made.
Buyer’s Premium
18% Buyer`s premium for Online Bidders & 15% Buyer’s premium for Onsite Bidders will be added to the price of each item purchased.
Payment
Full payment is due by Wednesday, December 18th at 12:00pm (PT)
Certificate of Insurance Loss Payees
Both of the following must be listed as Loss Payee on Buyer’s Insurance Certificate before removal may begin.
Please download the insurance requirements document HERE, for proper limits of coverage.
Tiger Remarketing Services
340 N. Westlake Blvd., Suite 260, Westlake Village, CA 91362
The Buncher Company
Building Owner & Landlord
1300 Penn Avenue. Suite 300, 3rd. Floor, Pittsburgh, PA 15222
All items subject to prior sale
Auctioneer has the right to add or delete lots for the sale at any time as well as to cancel the sale entirely.
All items, property or product offered for sale ("Items", "Property", "Product") are offered by Tiger Remarketing
Services (“Agent”), as an agent of the Property owner (“Seller”), subject to the following general terms of sale (“General
Terms of Sale”), which, combined with any supplemental or revised terms posted in materials, on the web or as
announced by Agent at the time of sale (“Sale Specific Terms”), make-up the complete and entire Terms of Sale
(“Terms of Sale”) that govern any sale by Agent to a Buyer.
1. Registration, Deposit and Payments.
All persons participating in the Sale, whether or not successful at purchasing Property, (referred to as a “Buyer”) must
register to become eligible to participate in the Sale, and must provide complete and accurate information as required
by Agent.
Registration Deposit
In order to qualify to bid, Buyer must provide Agent with an initial deposit of 25% of Buyer’s anticipated purchases,
but in no event less than the amount posted in the Sale Specific Terms (“Initial Deposit”). The initial deposit must be
provided in the form of cash, cashiers’ check (made payable to “Tiger Remarketing Services”), wire transfer or by a
check accompanied by bank letter of guarantee deemed acceptable by Agent, unless posted otherwise in the Sale
Specific Terms (“Acceptable Payment Forms”). Initial Deposits will be refunded upon request and provision to Agent
of Buyer`s deposit receipt, provided no purchases of Items are made. Deposit refunds must be claimed within 30 days
of the date of the Sale with a proper Deposit receipt, or otherwise shall be deemed as forfeited.
Buyers participating online must provide the Initial Deposit 24 hours prior to the Sale. Credit cards will be accepted
for the Initial Deposit from online Buyers up to and during the sale on the following conditions: 1) Buyer grants Agent
the irrevocable right to authorize Buyer’s credit card for the minimum deposit and such subsequent amounts
necessary to secure Buyer’s purchases; 2) Buyer grants Agent the irrevocable right to capture the authorizations on
Buyer’s credit card to secure Buyer’s purchases; 3) Buyers acknowledges that a credit card authorization shall not be
sufficient to secure purchases over $10,000, and therefore shall provide any additional deposit necessary in one of the
other Acceptable Payment Forms 24 hours prior to the Sale; 4) Buyer acknowledges and accepts that credit card
authorizations are subject to a 3-7 day hold on funds with Buyer’s credit card company, which hold is not under the
control of Agent to release.
Upon Buyers’ successful award of bid, Buyer shall be immediately responsible for 25% of their total purchased Items as
a non-refundable deposit (the “Deposit”), in one of the Acceptable Payment Forms. Buyers who have provided a
credit card for the initial deposit hereby authorize Agent to charge their credit card for the 25% Deposit. Agent’s
election not to collect the 25% Deposit, pending full payment, does not waive Buyer’s obligation to such amount in the
event of default, nor does it waive Agent’s right to process Buyer’s credit card for the 25% Deposit at a later date.
Unless posted otherwise in the Sale Specific Terms, Payment of the Balance Due (“Final Payment”) is required by 12:00
noon on the day following the Sale.
Final payments must be made in one of the Acceptable Payment Forms or, if allowed per the Sale Specific Terms, by
Visa or MasterCard. Unless alternative arrangements have been acknowledged and accepted by Agent prior to the
conclusion of the Sale, Online Buyers hereby authorize Agent to process the payment for the balance of their
purchased Items using the credit card provided. However, Buyers spending in excess of $10,000 must provide an
alternate Acceptable Payment Form for the portion of Buyer’s purchases exceeding $10,000. Buyers paying by credit
card hereby waive their rights to chargeback.
All Deposits and payments must be made in U.S. Dollars. IRS regulations require us to report all cash payments, as
defined by the IRS, exceeding $10,000 from any one purchaser for one transaction or two or more related
transactions. When accepted, business checks must be accompanied by a bank letter, drawn on a bank which is
acceptable to the Agent, which states that the bank will guarantee payment up to a specified amount (this letter must
contain the words “guarantee payment”). Buyer authorizes Agent to complete and deposit signed checks provided to
Agent without the dollar amount.
2. Buyer’s Premium. A Buyer’s premium will be added to the price of each item purchased. See each sale’s listing on
the SoldTiger.com website for the specific buyers’ premium rate to be charged. Buyers’ premium rates may vary based
on method of purchase (i.e. live vs. online).
3. Taxes. When required by law, Agent shall collect and Buyer shall pay all sales/use taxes or other applicable taxes,
which will be added to the purchase price, including the Buyers’ premium, on all purchased items. PRIOR TO THE
CLOSE OF THE SALE, Buyers who purchase for resale must fax or email to Agent documentation to prove their
exemption status, including, but not limited to, their resale permit and a completed and signed resale certificate form,
without which all applicable taxes will be charged by Agent. Buyers purchasing from out-of-state are required to
provide a Bill of Lading proving that the purchased Items are being transported directly out-of-state by a common
carrier. Sales/use taxes will be refunded in full to Buyers who prove their qualified exemptions as described above at
the time documentation deemed acceptable by Agent is received by Agent, provided such information is submitted
within 7 days of the Sale closing. Tiger reserves the right to reject any claim for sales tax exemption that it believes to
be insufficient to satisfy the scrutiny of the applicable taxing authority. Buyer’s obligation to make payment, in full,
for all items purchased, is not contingent upon or subject to any determination by Tiger regarding Buyer’s sales/use
tax exemption status or the timely notice in which Buyer’s sales/use tax exemption status is provided to the Buyer.
Additional information and forms regarding sales/use tax are available at www.tigergroupllc.com/salestax
4. Bidding. Agent reserves the right to add to, group, withdraw, re-catalog items in all Sales, or to sell in any order
Agent deems suitable, as well as adjust minimum bids and/or reserve prices and extend or shorten closing times. In
the event there is a dispute between two or more claims of entitlement as the successful bidder, Agent reserves the
right to resell the item(s) in dispute. Agent reserves the right to hold all bulk bids in abeyance and at the conclusion
of the sale or after the offering of a specific item, to accept either the bulk bid or the aggregate of the individual bids
received during the sale, whichever is higher. Agent reserves the right to reject any bid which is only a fractional
advance over the preceding bid or which is not commensurate with the value of the lot. Some of the items offered
may be subject to a reserve price (minimum allowable selling price).
Buyers participating online are responsible to confirm submittal of online bids for accuracy. When offered, Internet
bidding is provided via a 3rd Party Bidding System. Under no circumstances shall Buyer hold Agent liable for system
failures resulting in Buyer’s bid not being properly submitted. All bidding and subsequent transactions shall be in U.S.
dollars.
5. Representations. Agent makes every effort to provide accurate information about the items being sold; however in
no other way is accuracy of same guaranteed by Agent. Neither Seller nor Agent will assume responsibility for Buyer’s
bidding errors. It is Buyers’ full responsibility to confirm the accuracy of items offered for sale. Buyers are
recommended to inspect all items. When provided, descriptions, photos, conditions, dimensions, etc. are offered as a
guide only. In certain cases, a photo of like product may be used to represent several different lots. Photos may also
capture nearby items not listed as part of the lot. Agent shall not be held responsible for such errors as posting the
wrong photo, description, condition, dimension, etc. for an item. When in doubt, please physically inspect or bid
accordingly.
6. All Sales are Final. A successful bid at Auction, whether live or online, constitutes acceptance of the Terms of Sale
and is a legally binding contract of sale. All sales are final. There will be no refunds, returns or exchanges.
7. Removal of Items Purchased. See Sale specific information regarding removal dates, deadlines and conditions. No
checkout will be permitted during the Sale. Checkout will be scheduled by appointment only. All Items purchased
must be paid in full before an appointment can be scheduled or Items will be released from the premises. Buyers
without an appointment will be required to wait for the next available checkout clerk. Buyer is solely responsible to
pickup its purchased Items within the timeframes provided. Buyer must provide its invoice at time of pickup. All
Items must be removed by Buyer at its own risk and expense, and in compliance with all applicable laws, regulations
or ordinances.
Buyer is responsible to arrange to have its purchased Items packed, insured, rigged, moved or shipped, and shall
accept full responsibility for all labor, materials and costs necessary to complete its removal, as well as any damages,
losses, acts or omissions related to Buyer`s removal of purchased Items from the sale site. In the event Agent assists
Buyer with this process, it does so as a courtesy, and shall assume no responsibility for damages, losses, acts or
omissions of any packer or carrier, whether or not such packer or carrier is recommended by Agent. Agent is under
no obligation to provide materials or other services, and in no event will be liable for damage to Buyer`s purchased
Items regardless of cause. Quantities should be checked by Buyer or their Agent before removal of items. No
allowances will be made for claims or shortages once items have been removed.
Agent requires Certificates of Insurance from any purchaser or their agents that will be removing items which require
rigging, moving, dismantling, cutting, grinding, cutting or disconnecting electrical or plumbing utilities, use of any
type of vehicle or material handling equipment, or based on special circumstances as determined exclusively by
Agent. All Certificates of Insurance, must be properly completed, list all loss payees, as required by Agent and must
evidence general liability insurance at a minimum of $1 million per occurrence, auto liability at a minimum of $1
million per occurrence and workers compensation insurance at statutory limits or such other limits as may be required
for a specific sale.
In the event the sale involves the removal of installed items, Buyer acknowledges that they are responsible for and
entitled to remove the item as described to first point of utility disconnect. Further, Buyer acknowledges that they are
purchasing the item and its contents, but should not assume it is entitled to any controls, in wall wiring, cables,
connectors or down line components, unless specifically stated so in the lot description.
8. Failure to Remove Purchased Items. In the event items (including portions of a lot) are not removed in the
timeframes allotted, the items purchased shall be deemed abandoned and Buyer will lose any right, title or interest
Buyer may have acquired and the items shall revert and repossess to Agent without further notice to Buyer. Agent
shall also be entitled to any costs associated with the removal, storage and reselling of Buyer`s items, and any other
charges, fees, and expenses incurred as a result of Buyer`s failure, including all attorney fees and costs incurred by
Agent to enforce Buyer’s obligations hereunder.
9. Failure to Pay. In the event Buyer fails to pay the entire purchase price by the payment deadline, Agent may retain
and/or recover, upon demand, from Buyer the required Deposit per Paragraph 1 as liquidated damages for such
failure. In addition thereto, Agent may, at its discretion, either resell Buyer`s items at a public or private sale without
further notice to Buyer and/or dispose of the item at Buyer sole expense. Any difference between the bid price for an
item by the defaulting Buyer and the price received by Agent at a resale shall be paid to Agent by the defaulting
Buyer. In addition, a defaulting Buyer shall be deemed to have granted Agent a security interest in the item, which
Agent shall retain as collateral security for Buyer’s obligation to Agent.
10. Non-Delivery. Until such time as purchased items are removed from the premises by the Buyer, Agent shall have
the right to cancel or void the sale of any such items purchased by Buyer. Agent shall have no liability to Buyer due to
the non-delivery of any purchased item other than the return of Buyer’s deposit for a canceled or voided sale item.
No claim of any kind for purchased items, whether or not based on negligence, shall be greater in amount than the
purchase price paid by Buyer.
11. Absence of Warranties. The condition of the items being offered varies. The Buyer understands and agrees: (1)
that any description or sample of the items given or furnished by Agent is solely for identification, and does not create
any warranty expressed or implied, that the item actually conforms to such description or sample, (2) that Buyer or
agent on Buyer’s behalf has inspected or has had the opportunity to inspect, all of the items upon which Buyer will be
bidding and/or does purchase, (3) that all items are purchased and accepted by Buyer “AS IS”, “WHERE IS” and “WITH
ALL FAULTS”. AGENT MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER WHETHER WRITTEN,
ORAL OR IMPLIED AS TO QUALITY, QUANTITY, CONDITION, USABILITY, SALABILITY, WEIGHT, MEASUREMENT, YEAR,
MODEL, MECHANICAL CONDITION, PERFORMANCE, OR OTHER SPECIFICATIONS, INCLUDING ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY AGAINST PATENT, TRADEMARK,
COPYRIGHT OR TRADE SECRET INFRINGEMENT, (4) in the event there are manufacturer warranties in effect for the item
purchased, Buyer must make all claims hereunder directly with the provider of the warranty. No statement or
statements of any other paragraph herein shall be construed to in any way contradict the provisions of this paragraph.
12. Appropriate Rights and Clearances Not Included. All items are sold by Agent without any corresponding grant of
rights or clearance from any third parties. Since some of the items may, if commercially used, infringe third party
rights, Buyer acknowledges and agrees that it shall be solely responsible for acquiring all appropriate rights and
clearances from all third parties. Such rights and clearances include, but are not limited to, third party copyright,
trademark, patent, trade secret, and privacy rights.
13. Buyer’s Responsibility. Upon the Agent`s declaration of an item as "Sold", title to the offered lot shall pass to the
Buyer, subject to Buyer`s full payment, who shall forthwith assume full risk and responsibility for the lot. Buyer is solely
responsible to provide any personnel, equipment or material needed to pick up items purchased and shall assume all
responsibility for the removal of any item purchased at the sale and any and all risks associated with such removal
including, without limitation, the responsibility for providing licensed, qualified and bonded professionals to ensure
proper water, gas and/or power disconnection, and to leave the sale site in a safe condition, undamaged by the
removal process. Agent retains the right to prohibit and stop the ongoing removal of any item, by a Buyer, which
Agent, at its’ sole discretion, determines is not being removed in a professional and reasonable manner.
14. Hazardous Materials. Buyer agrees that in the event any purchased Items contain Hazardous Materials, Buyer
shall be responsible for disposing of such Hazardous Materials. Buyer agrees to provide Agent with evidence that
Buyer or its representatives are licensed for such removal and shall comply with all applicable local, state and/or
federal rules, laws and regulations. Agent, its agents or representatives shall not be responsible for its containment,
storage or removal. Buyer shall indemnify, defend and hold Agent harmless with respect to all costs, expenses,
liabilities, damages or claims, including attorneys’ fees, asserted by any person, entity or governmental agency or
against Agent directly or indirectly relating in any manner to any hazardous or toxic materials which may be regulated
under applicable laws, rules or regulations and which relate in any way to the dismantling and removal of any
purchased item. Agent shall in no event be obligated to sell any item which contains any hazardous materials or to
incur any costs or expenses relating in any manner, either directly or indirectly to any hazardous materials. Buyer
shall be responsible for any and all remediation costs relating to the dismantling and removal of any purchased item
containing hazardous materials. Buyer will not bring any Hazardous Materials onto the premises.
15. Acts of Others. All persons entering the Sale premises acknowledge that the Sale site is a potentially dangerous
place, which may include the operation of equipment and access to certain lots and areas that may be inherently
dangerous. Every person, which includes, but is not limited to the Buyer, as well as Buyer’s representatives, agents and
associates, who enter the Sale site, before, during and after the Sale shall be deemed to be there at their own risk with
notice of the condition of the premises, the activities on the premises and the conduct of any third parties and shall so
advise their agents, employees and associates. No person shall have any claim against Agent, Seller or Landlords, or
any of their respective agents, employees or principals at any sale site, for any injuries sustained, nor for damages to
or loss to persons or property which may occur from any cause whatsoever. Agent, Seller and Landlords, as well as
their agents, employees or representatives, shall not be liable by reason of any defect in or about the condition of the
premises on which the Sale is held. Buyer specifically releases Agent, Seller and Landlords, as well as their agents and
representatives from all liability thereof.
16. Limits of Liability. In no event shall Agent’s liability to Buyer exceed the purchase price actually paid for an
individual item or lot. A Buyer’s claim shall be limited to the amount paid for the merchandise, and shall not extend to
any obligation, risk, liability, right, claim, remedy for loss of use, revenue or profit, liability of Buyer to any third party,
personal injury, or any other direct, indirect, incidental or consequential damages. Buyer further acknowledges that
each item it purchases at the sale represents a separate transaction, and that no one transaction shall be conditioned
upon another transaction. Buyer hereby holds Agent, Seller and Landlords harmless from: (1) the acts or omission of
any party who provided any items to Agent for sale, (2) the acts or omission of the owner or Lessor of the Sale site or
the site where the Items are stored, (3) any claims Buyer may have against Agent, Seller, Landlords, or any former
owner of the property being sold, (4) Buyer’s failure in any way to properly inspect items and/or fulfill its obligations
per the terms and conditions of the sale, as indicated within this document or as announced by Agent at the time of
sale. In the event Buyer provides a deposit or payment using a Credit Card, Buyer acknowledges that it is purchasing
under the As-Is, Where-Is terms of the Sale and that Buyer shall waive all rights of charge back based on any claims of
misrepresentation, non-delivery or non-performance.
17. Right of Removal. Agent reserves the right to remove any person from the Sale site and to refuse that individual’s
bid, whether offered live, by proxy or by Internet.
18. Indemnification. Buyer shall indemnify, hold harmless and defend Agent, Seller and Landlords, from and against
any and all losses, damages, liabilities and claims, including attorney fees, costs and expenses arising out of based
upon or resulting from: (1) failure to secure all safety equipment and to meet all applicable government safety
standards in removing items purchased or used by Buyer, (2) failure to comply with safety instructions issued to Buyer
from Agent, (3) any act or omission of Agent, Seller, Landlords or their respective agents, representatives or
employees, relating to or affecting the items bid on or purchased by Buyer, (4) the claim of any third party claiming or
challenging title to any items purchased by Buyer or claiming infringement of any proprietary interest, (5) the claim of
any person resulting from Agent offering for sale or selling the items purchased by Buyer, (6) any injury to Buyer or
any other person or property of any type whatsoever caused during the inspection, dismantling, removing or
transporting of items purchased by Buyer.
19. Bidder’s Number. The bidder’s number is nontransferable. All bids made using the bid number will be the
responsibility of Buyer.
20. Governing Law. The validity, construction and performance of these Terms of Sale shall be governed by the
substantive law of the State of California as applied to agreements among California residents entered into and to be
performed entirely within California, without giving effect to its conflict of laws provisions. 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 attorney fees.
21. Severability. If any provision of these Terms of Sale is deemed to be illegal, invalid, or unenforceable, the legality,
validity, and enforceability of the remaining parts shall not be affected.