NEW IN BOX Dell Poweredge 1950

15% BUYERS PREMIUM FEE WILL BE CHARGED FOR ALL INTERNET PURCHASES. Per the Order approving the sale of Alpha Red's assets, the buyer/purchaser of any property agrees that it will not disseminate, distribute, disclose or otherwise use any confidential information that may be contained on the property. All hard drives have been wiped and cleaned to the best of our knowledge, however, in the event any data remains or is recovered, the bidder agrees to immediately notify the seller and permanently remove said data. GENERAL • This is an Absolute Online Auction. • All items are sold and accepted by Bidder “As Is, Where Is, With All Faults” and “With Removal at Buyer’s Risk and Expense”. • Tranzon Auction Resolutions and Sellers disclaim all warranties and make no warranties, expressed or implied regarding the condition of the property being sold at auction. • ALL PROPERTY MUST BE PAID FOR IN FULL ON SALE DAY in Cash, Wire Transfer, Visa, MC, American Express Credit Card and/or Company Check or Personal Check if accompanied by a Bank Letter of Guarantee. • Tranzon Auction Resolutions may, at their sole discretion and without notice or liability, withdraw or cancel the sale of any lot, or offer any lots in groups or with special terms. • All applicable sales or other taxes will apply unless the Bidder or his principal files with Tranzon Auction Resolutions a valid & complete resale or exemption certificate prior to the auction. • Immediately upon Tranzon Auction Resolutions acceptance of Bidder’s bid, title to the property and all risks of loss, damage, and theft of the property pass to Bidder. • Property may not be removed until Bidder has paid in full and funds have cleared. • No sale will be invalidated and no liability will be borne by Tranzon Auction Resolutions or Sellers due to any defect, error, or inaccurate description of any lots listed in the brochure, catalog, advertising, marketing or other printed materials; or in any statement by any Tranzon Auction Resolutions employee or agent. • Bidder and his or her principal agree to indemnify and hold Tranzon Auction Resolutions and Sellers harmless from any damage to property or persons or injury to or loss of life resulting directly or indirectly from the acts of Bidder or his principal or their respective agents during the preview, registration or bidding process and in connection with the dismantling, removal, or use of any auction item. • Load-Out, Removal and Rigging are the Total Responsibility of the Bidder. BRING YOUR OWN DOLLIES, TOOLS & EQUIPMENT. • ALL SALES ARE FINAL. • These terms and conditions may be modified and/or supplemented by Tranzon Auction Resolutions during announcements at the start of the sale. REGISTRATION • All bidders must register acknowledging that bidder has read and agrees to the “Terms and Conditions” of the sale as outlined prior to bidding. • THE AUCTIONEER AND STAFF RESERVES THE RIGHT TO REFUSE ANY APPLICANT FOR A BIDDING NUMBER FOR ANY REASON AND MAY REVOKE BIDDING PRIVILEGES AT ANY TIME. TERMS • All payments must be paid “In Full” on sale day in “Cash, Visa, MasterCard, American Express, Cashier’s Check, Wire Transfer; • or Check with “Bank Letter of Guarantee” on bank letterhead in the following format: “This Bank guarantees payment to Tranzon Auction Resolutions on Account #_____ up to the amount of $_____. This letter is valid for purchases at the auction on Thursday, ______________ ____, 2009.” • NO EXCEPTIONS! • BANK DRAFTS WILL NOT BE ACCEPTED. • All checks must be pre-printed checks with company or individual name and address. • No Temporary Checks. • No refunds or credit of any kind shall be made after purchase of auction items. • Bidders may not stop payment on checks or any other payment method. • ALL SALES ARE FINAL. • The property auctioned will be sold to the highest bidder as determined by Tranzon Auction Resolutions, with no minimum, reservation, or buy-back. • Tranzon Auction Resolutions, may, at any time and at their sole discretion and without notice or liability to anyone, cancel the entire sale at any time, withdraw or cancel the sale of any lot, or offer any lots in groups or with special terms. • The buyer shall not be entitled to possession of any of buyer’s purchases until the total price of all of buyer’s purchases has been paid in full in current collectable funds. • Tranzon Auction Resolutions reserves the right to hold all of buyer’s purchases until funds have “Cleared the Bank”, and may release equipment prior to funds clearing at the sole discretion of Tranzon Auction Resolutions. • In the event of buyer’s default, for any reason whatsoever, or in the event of buyer’s failure to comply with these “Terms and Conditions” for any reason whatsoever; 1. Buyer shall be liable for costs of collection, including, but not limited to attorney’s fees, court costs, reclamation by Seller or Tranzon Auction Resolutions; 2. Tranzon Auction Resolutions as Seller’s agent shall have and retain a possessory lien on any and all purchases of the buyer and shall have the right to resell such purchases hereinafter provided; 3. Tranzon Auction Resolutions can also at their option rescind the sale immediately and sell the goods to another buyer, canceling the purchase with defaulted buyer losing all rights to the item or items; 4. If the buyer does not make settlement according to these “Terms and Conditions”, Tranzon Auction Resolutions has the right to rescind sale at auction. SALES TAX • All applicable sales, use, transfer or other taxes will be paid by the purchaser unless the Bidder or his principal, prior to the auction, completes in their handwriting or typing and files with Tranzon Auction Resolutions a valid & complete resale certificate, exemption certificate, or other documentation, which excludes the payment of such taxes. • Such certificates or documentation will be thoroughly examined and scrutinized by Tranzon Auction Resolutions and may be accepted or rejected at the sole discretion of Tranzon Auction Resolutions. • All documentation must be satisfactory to the applicable governing authority for the locale in which the auction is being held. • Buyer shall reimburse Tranzon Auction Resolutions for any sales tax Tranzon Auction Resolutions was compelled to pay and which was subsequently not refunded to Tranzon Auction Resolutions by the taxing authority over an indefinite period. WARRANTY • No Warranties or Guarantees of any nature whatsoever, expressed or implied, statutory or otherwise pertaining to, but without limitation to, conformity to any safety or pollution standard or to any other standard or requirement of any applicable authority, law or regulation; fitness for any particular purpose; and/or merchantability or particular age, year of manufacture, model, serial or other numbers, make or condition of auctioned property. • All items are sold and accepted by bidder "AS IS, WHERE IS, WITH ALL FAULTS AND AT BUYER’S RISK” and “WITH REMOVAL AT BUYER’S RISK AND EXPENSE”. • Tranzon Auction Resolutions and Seller disclaim all warranties and make no warranties, express or implied, regarding the condition of the property being sold at auction unless expressly stated before the auction begins. • All purchases made by bidder shall be based solely upon bidder’s personal opinion prior to the auction and that his/her bid is not based on any statement or printed material provided by or made by Tranzon Auction Resolutions or Seller. • No sale will be invalidated and no liability will be borne by Tranzon Auction Resolutions or Seller due to any defect, error, or inaccuracy of description of the lot either in the listing brochure or catalog, in any advertising, marketing or other printed materials, or in any statement by Tranzon Auction Resolutions or its agents. • All such written materials and statements are merely descriptive guides, and although they have been compiled from sources deemed reliable, neither Tranzon Auction Resolutions nor Seller guarantees or warrants their accuracy. ANY ANNOUNCEMENTS MADE THE DAY OF THE SALE SHALL HAVE PRECEDENCE OVER PRINTED MATERIAL. OWNERSHIP & REMOVAL OF PURCHASES • Bidder and his or her principal accept the purchased property at the time Bidder makes a successful bid. • It is the responsibility of the buyer to insure purchases immediately. • All purchases must be removed from the auction site/yard within the time and according to the procedures posted. • Tranzon Auction Resolutions reserves the right to require proof of adequate insurance coverage from any Buyer of lots requiring dismantling, rigging or hot cutting. • Bidder and his or her principal agree to indemnify and hold Tranzon Auction Resolutions and Seller harmless from any damage to property or persons or injury to or loss of life resulting directly or indirectly from the acts of Bidder or his principal or their respective agents during the registration, bidding process, checkout and in connection with the dismantling, removal, or use of any auction item. • In the event a buyer shall fail to remove any lot within the specified time, such lot shall be deemed to have been abandoned to Tranzon Auction Resolutions, and Tranzon Auction Resolutions within their sole discretion, shall have the right to resell such lot as hereinafter provided or remove and store sail lot at buyer’s sole risk and expense. TITLES, BILLS OF SALE & DELIVERY • All necessary documents of sale will be delivered within 7 working days to the buyer upon payment, in full, of the purchase price in currently collectable funds. • In the case of any checks (if accepted by Tranzon Auction Resolutions and Seller) Titles, Bills of Sale and other documents will be mailed to buyer upon satisfactory collection of such check or other negotiable instruments. • All titles and documentation of sale will be prepared to be effective in the state in which the auction is being conducted. • In the event that Tranzon Auction Resolutions, for any reason whatsoever, is not able to obtain the necessary documentation required to obtain clear title to such item, whether before or after delivery of such item, or in the event buyer is unable to obtain possession of any item purchased within 10 days of the auction, Tranzon Auction Resolutions sole responsibility, if any, shall be the return of any monies paid on such item upon return of the item in question. • Any hereinbefore described item which shall have been delivered, shall be returned or surrendered to Tranzon Auction Resolutions if, within Tranzon Auction Resolutions sole discretion, Tranzon Auction Resolutions shall make such demand for return. INJURY & DAMAGES • Bidder acknowledges that the auction site is a potentially dangerous place. • Every person at the auction site before, during and after the auction 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 third parties and the bidder shall so advise his agents, servants and employees. • No person shall have any claim against Tranzon Auction Resolutions or Seller or their agents, servants and employees for any injuries sustained to persons or loss of life or for any damages to property, which may occur, at the auction site from any cause whatsoever. • The auction site as described shall include any location where a lot is located for display and/or removal, as well as where the actual bid calling is conducted. • Bidders will abide by the safety rules and regulations as set forth by each site. INDEMNIFICATION & HOLD HARMLESS • Bidder agrees to indemnify and hold harmless Seller and Tranzon Auction Resolutions and their respective employees, agents, servants and representatives from and against any and all claims, losses, damages, injuries, liabilities, costs and expenses of whatsoever kind or nature, specifically including attorney’s fees and costs, for any injury or death to any person or persons whomsoever or for damage to or loss or destruction of property occurring on, upon or about the auction site when such loss, damage or injury is occasioned, directly or indirectly, by the actions or omissions of the bidder, and/or bidder’s agents, servants, employees or representatives. JOINT & SEVERAL LIABILITY FOR PAYMENT • In the event that any check, draft or other instrument shall be dishonored upon presentation for payment, all lots which may have been delivered by Tranzon Auction Resolutions in reliance upon such check, draft or other instrument will be subject to seizure by Tranzon Auction Resolutions or its agent at the expense of the bidder. AGENCY • The Auctioneer is acting as agent for the Seller only, and is not responsible for acts of its principals. INTERPRETATION OF AGREEMENT • The “Terms and Conditions” of sale shall be governed by and interpreted pursuant to and under the laws of the State of Texas. Any dispute concerning these “Terms and Conditions” or concerning any loss or damages sustained at the auction that shall require adjudication in a court of law shall be adjudicated in the State of Texas. • By bidding at any auction, whether present in person or by agent, by written bid, or other means, the buyer shall be deemed to have consented to the jurisdiction of the State of Texas. • Any controversy or claim arising from or relating to the contract or any breach of such contract shall be settled by arbitration administered by the American Arbitration Association under its rules, and judgement on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. • The term Tranzon Auction Resolutions used throughout the “Terms and Conditions” specifically includes Tranzon Auction Resolutions and its officers, employees, agents, servants and representatives.