Bankruptcy Public Auction - Online & Onsite D.L. Scotto & Co., Inc. d/b/a Tuxedo Fruit Company Bankruptcy Case No.:14-23036-EPK Unique Turnkey Packing Plant Opportunity This property is available for lease from the State of Florida for very reasonable numbers. Serious parties, please inquire if interested. The Auctioneers do not warrant the accuracy, genuineness, authenticity, description, weight, or measure of any of the lots specified herein. Please feel free to call us if you have any questions or concerns about the terms of sale. Our office number is (954) 252-2887. By bidding in our auction, you agree to abide by all associated auctions terms and conditions. 1. A $100.00 deposit and valid drivers license is required at the time of registration, in order to participate in the auction. Moecker Auctions reserves the right to request additional deposits throughout the auction event. Special note: an additional 20% deposit will be required for the winning bidder of the machinery relating to the packing plant immediately upon fall of Auctioneer’s hammer. 2. Buyers Premium: a 13% Buyers Premium (BP) will apply to all lots. 3. Inspection period is prior to the auction commencing. All bidders are urged to inspect the property prior to placing a bid. The failure to inspect the property shall not constitute cause for cancellation of sale. The descriptions of items appearing in advertising prior to this auction are believed to be correct. Nevertheless, neither those descriptions nor any oral statements made by the owner (or his agents or officers) or the Auctioneer (or his agents or officers) concerning any item shall be construed as a warranty, either expressed or implied. Security personnel are present. Any person caught tampering with tags will be removed from the premises and be prosecuted to the full extent of the law. 4. ALL SALES ARE AS IS, WHERE IS, with no warranty expressed or implied and is subject to higher and better offers, subject to Bankruptcy Trustee approval. No refunds or an exchange is allowed. In the event that the auction is rejected in any manner, deposits will be refunded within 72 business hours after the termination of the auction. 5. Upon the fall of the Auctioneers hammer, title of the offered lot will pass to the highest bidder acknowledged by the Auctioneer, subject to the conditions set forth herein, and at such time buyer assumes full risk and responsibility for the lot, agrees to pay the bid amount, plus all fees applicable. The buyer will not and cannot cancel a bid placed after the Auctioneer has confirmed the bid. The Auctioneer reserves the right to reject any bid at anytime at his sole discretion to protect the integrity of the auction. Any person who bids in bad faith or disrupts the auction may be restricted from bidding and/or will be removed from the premises. 6. Competing Bid: The Auctioneer may accept bids for an item from other sources which include: bids from an in-house audience, telephone bids, absentee bids, on-line bids and other bidding platforms. 7. Lag time: Lag time is the delay that occurs between the auction floor and your computer. The majority of delays are due to slow internet transfer times, which means that you can be affected even with a high speed internet connection. This is further affected by your computer speed, memory, whether other programs are running at the same time and so on. We are not responsible for bids which are not received due to internet lag time including issues with proxibid.com connection and delays. 8. Payments: Balance and full payment is due prior to removal of any merchandise. Invoice(s) will be sent via email within 2 hours after the conclusion of the sale. Full payment is due by 12:00 PM on the following day of the auction. Moecker Auctions will accept Visa, MasterCard, Discover Card credit or debit cards as payment for an invoice totaling $5,000.00 or less. Purchaser agrees not to charge-back a transaction. Payments over $5,000 MUST be paid via CASH, CERTIFIED FUNDS, COMPANY CHECK or WIRE. Net amount of wire must equal total of invoice. A letter of guarantee must accompany a company check from your bank. Information to complete an IRS 8300 form will be required to report payments of $10,000 or greater (made in cash or cash equivalent), as determined by the IRS. The credit card provided for registration will be charged (for purchases $5,000 or less PLUS a 3% convenience fee) within 24 hours of conclusion of the auction. If you prefer to make a CASH, CERTIFIED FUNDS, COMPANY CHECK or WIRE payment, you MUST contact the auction company via email at erodriguez@moeckerauctions.com prior to scheduled auction. 9. Local sales tax of 6.5% will be added to the purchase of all taxable items. 10. Dealers who purchase for resale must provide a copy or fax their 2014 signed resale certificate to (954) 252-2791, please reference your bidder/paddle number. No exceptions will be made. 11. Removal/checkout: It is the buyers responsibility to pick up or arrange to have items picked up by the allotted time and must supply their own handling equipment, trucking and personnel. Removal of all items will begin half hour following conclusion of sale or at the discretion of the Auctioneer. Checkout will continue on Thursday, September 25th from 9-4pm. Last day of removal is Tuesday, September 30th by 4pm. We do not offer packing and/or shipping. You must make arrangements with a shipping company, rigging company or movers. 12. Removal/checkout: It is the buyer’s responsibility to pick up or arrange to have items picked up by the allotted time and must supply their own handling equipment, trucking and personnel. Access will be given for removal for the packaging plant machinery starting from Wednesday, October 29th to Friday, November 28th, Monday to Friday from 9:00AM to 4:30PM. After November 25th, 2014, the buyer will be responsible for a daily access expenses of $250 per. day. We do not offer packing and/or shipping. You must make arrangements with a shipping company, rigging company or movers. 13. Additional/Withdrawal of lot(s): The Bankruptcy Trustee or Auctioneer reserves the right to withdraw from sale any of the items listed in the catalog/brochure or to sell at auction items not listed. The Auctioneer also reserves the right to group one or more lots into (1) lot or to subdivide into two or more selling lots. Whenever the best interest of the seller will be served, the auctioneer reserves the right to sell all of the items listed in bulk. Important term to know: Times the Money - The price you bid will be times the number of items in the lot. Example: Lot #72 has 10 chairs and the auctioneer says this lot is times the money?. If you bid $6.00, then you are bidding $6 per chair. You would pay $6 X 10 = $60.00 (plus buyers premium and sales tax, as applicable). 14. Disputes: The Auctioneer shall designate the winning bidder after each item is auctioned. If a dispute arises between two or more bidders, the auctioneer reserves the right to re-open the bidding. The auctioneers designation of a buyer shall be final. 15. Purchaser, purchasers agent(s) including hired moving companies and/or riggers does hereby indemnify and hold harmless the auctioneer and seller from any and all damages, claims or liabilities from injuries to persons or property of any type whatsoever caused during the sale or by the removal of items purchased. The seller and auctioneer shall have no liability to the buyer of any lot for non-delivery of any purchased item(s), other than the return of the buyers deposit or payment on the item. 16. In the event the purchaser fails to pay for the entire purchase within the time set forth by the auctioneer and/or fails to comply with any of the conditions or terms of sale, the seller may retain and/or recover the deposit as part of its damages and, in addition thereto, items that are not paid for can be resold at public or private sale without further notice. Any deficiency resulting from such resale shall be due to the auctioneer by the defaulting purchaser together with all charges, fees, and expenses including reasonable attorney fees incurred by such resale and enforcement of the obligation hereunder. 17. Collusion: Practices that eliminate competition, such as collusive bidding, (fictitious bidding during the auction for the purpose of misleading or stimulating other persons who are bidding in good faith) may warrant criminal, civil, or administrative action against the participant(s). 18. The buyer of any and all purchased equipment at this auction understands that if their intention is to export any equipment from this sale they will be responsible for confirming and following all of the US governments guidelines pertaining to the legal exportation of any equipment to that country, the buyer will be referred to as the exporter. The exporter will be responsible for any export licensing, export declaration fees and preparation of any documents needed to ship overseas. Moecker Auctions is not be responsible for any item purchased that cannot be legally exported. 19. This sale will be audio recorded for our protection as well as yours. The recording may be used to settle any dispute that may arise during and/or after the auction. 20. A bid is a legal & binding contract. It is a promise to pay for goods purchased. ALL ANNOUNCEMENTS MADE ON AUCTION DAY SHALL TAKE PRECEDENCE OVER PREVIOUSLY DISTRIBUTED INFORMATION. UNDER NO CIRCUMSTANCES WILL ANY ITEMS BE REMOVED PRIOR TO THE CONCLUSION OF THE SALE. Moecker Auctions has the right to make changes to the terms of sale without further notice.