Auction: 10-05-17 Tile Manufacturer Auction Terms and Release of Liability - Accepted by Bidder DEPOSIT AND PAYMENT: $100 cash deposit will be charged to onsite bidders and is refundable unless bidder does not pay for purchases. Online bidders deposit will be charged to the credit card used to register. During the auction you are required to maintain at least 20 percent deposit of your bids. Online bidders agree to provide credit card info to Abamex Auction if requested. Online bidders credit card will be charged up to 1000 dls at end of auction and balance due within 24 hours via cash or wire transfer. Declined cards will be charged 15 dls processing fee. All items must be paid in full before removal. 15% Buyer’s Premium will be added to all bids. All sales are subject to California State Sales Tax Laws. If purchasing for resale, please complete and sign form BOE230 (http://www.boe.ca.gov/pdf/boe230.pdf) and bring to site or email to auctions@abamex.com. This form is to be used for resellers with a California Resale Permit. Out of state buyers will pay sales tax and will get reimbursed upon presentation of bill of lading from commercial transport co. within 10 days from auction. WARRANTY: All items are sold AS IS WHERE IS, without guarantee of any kind. Nevertheless, neither descriptions nor any oral statements made by the Owner (or his agents or officers) or the Auctioneers (or his agents or officers) concerning any item shall be construed as a warranty, either expressed or implied, as to the authenticity of, or defect in any lot, and will not be held responsible for advertising discrepancies or inaccuracies. Bidder has had the right to examine the merchandise and accept it the way it is. If you are unsure about an item, please do not bid. Please inspect before bidding. DISPUTES: During bid calling, If a dispute arises between two or more bidders the Auctioneers reserve the right to reopen the bidding. The Auctioneer and Owner reserve the right to reject any or all bids and to add or delete merchandise until the item is pronounced sold. In the event of non delivery of purchased items for any reason whatsoever, the Auctioneer's only obligation and liability to the purchaser is to return the monies deposited for such non delivered items. If any shortage exists on exact counts, claims for this must be noted by purchaser at time of removal. No adjustments or credits will be made after items are removed from premises. It is the buyer’s responsibility to confirm item quantities before bidding; no adjustment nor credits will be made on shortages when items are sold as lots with estimated counts. The Auctioneer reserves the right to take sealed bids/phone bids/internet bids, accept bids in any increment to the best interest of Sellers & to reject the bidding from anyone whose conduct or actions are not in the best interest of Sellers. The Auctioneer and Sellers reserve the right to add or delete merchandise without prior notice. Sellers may bid on their own property. The Auctioneer, when acting as agent only, is not responsible for acts of its principals. RETURNS: Buyer should do his/her own independent research prior to purchasing. No returns will be accepted, no monetary credits will be given. All sales are final. Please inspect before bidding. SHIPPING: Abamex is not setup to pack nor ship. Consult shipper prior to auction as you are entering a legal contract to purchase by accepting these terms and there are no contingencies. For shipping, Globalforwarding.com; Uship.com; Nationwide Equipment Transportation, Inc. steve@nationwidetrans.com; Moveit.com (Chad@moveit.com tel 800-831-0030 x-17) or any shipper of your choice including Uship.com; Yellow Freight etc. CREDIT CARD: Buyer won't contest any credit card charges due to any of the above. Credit card charge will appear on your statement as Abamex Auction Co., San Diego CA. REMOVAL of items is the sole responsibility of buyer. Neither Owner (or his agents or officers) or the Auctioneers (or his agents or officers) are responsible for loss/damage incurred thereto from removal of items from premise nor for loading the items for removal from premise. If sending 3rd party, BUYER needs to send email to auctions@abamex.com indicating your REQUEST TO RELEASE your purchases to XYZ (name of person or company)…. Abamex is not setup to pack nor ship. Please get quotes prior to bidding as all sales are final. Removal will be done in an orderly fashion and by appointment during the following days and hours: Oct 6, 7, 9 and 10th between 9 am and 4pm. On auction day removal allowed as long as it doesn’t disrupt auction process. FORKLIFT: Seller will bring pallet(s) to the patio but will NOT load your car/truck. Should you require assistance with the forklift to load your pallets onto your truck, you must pay 5 dollars per pallet for the sellers time and use of the forklift. Neither seller, property owner(s), Auction co. personnel will be liable for the load on your vehicle during loading process and after you leave the premises. Please make sure that you load properly and safely and have material to tie the load. INJURY AND DAMAGE: Bidder acknowledges responsibility for any personal injury or property damage caused by Bidder or his agent, and further agrees to hold Auctioneers and Seller harmless from any and all damages, claims, liabilities from injuries to persons or property of any type whatsoever caused during inspection, sale or removal of items purchased. Buyer understands that the loading process can be dangerous to person or property. Buyer is responsible for directing the load onto the transport and securing the load. Buyer fully assumes all risks associated with loading accommodation, buyer irrevocably and unconditionally waives and releases seller, seller’s associates and employees, Abamex Auction Co. and associates, Thomas Hayward Auctioneers and associates, from any and all bodily injury, property damage, or other occurrence during and after the loading process whether caused by sellers or auctioneer’s associates or buyer’s own negligence or otherwise. Buyer shall indemnify, defend and hold harmless Seller and Abamex Auction Co. and associates from any and all losses, claims, demands, or lawsuits resulting from or relating to the loading process of buyer’s vehicle. Neither Seller nor Abamex Auction Co. associates will assist in loading individual boxes or individual items. Likewise there is no packing material on site. Please bring help and all the material needed to pickup and secure your load. You may bring your forklift and the $5 per pallet fee will not apply. Thank you for attending our auction. Please follow and like AbamexAuctions on Facebook. www.abamex.com American Bureau of Auction Marketing Exchange – ABAMEX - 858-384-3580 auctions@abamex.com Auctions of Real Estate, Commercial and Industrial Assets, Abandonments, Estates in Southern California.