Terms and Conditions Online Only Bankruptcy Auction Cygnet Manufacturing Company, Inc. # 170861 98 Highland Ave. Highland Business Park (D-06) Upper Providence Township Phoenixville, PA l9460 www.ProxiBid.com Bidding Opens Friday April 13 at 9AM Closing Begins Thursday April 19 at 12 Noon Onsite Inspection Friday April 13 from 9 AM to 4 PM CNC - Machining - Prototype - Production – Welding Internet Buyer’s Premium 20% No sales tax Participation Requirements: Valid Credit card required for bidding approval Payment Options: Visa Master Card Discover Amex Payment Instructions: Successful bidders are required to make payments within 24 hours of receipt of invoice. Payments may be made by cashier’s check drawn to the order of Barry S. Slosberg, Inc. Company checks will only be accepted when accompanied by a valid bank letter of guarantee payment stating that Mr. / Mrs. ________ (Specify Name) IS A CUSTOMER OF OUR BANK, AND WE WILL GUARANTEE PAYMENT OF CHECKS WRITTEN ON HIS / HER ACCOUNT UP TO $ _______ (Specify Amount) FOR PURCHASES MADE AT Barry S. Slosberg, Inc.AUCTION ON Thursday, April 19, 2018. Currency Type: USD Shipping Instructions: Auction Company can not package or ship any items. Preview Date & Times: Buyer may inspect the items available for auction and are urged to do so on Friday, April 13, 2018 from 9 AM to 4PM. ALL SALES ARE FINAL, SO PLEASE ATTEND THE PUBLIC INSTPECTION ! Checkout Date & Times: Removal by appointment only will begin on Friday, April 20, and end on Monday, April 30, 2018. Hours for removal are for 8:30 AM to 4:00 PM. Auction Company will not package or ship any items. Location: 98 Highland Ave, Highland Business Park (D-06), Upper Providence Township, Phoenixville, PA 19460. Special Terms: NOTICE: The following terms and condition shall apply to any purchase by any party (“Buyer”) from Barry S. Slosberg, Inc. (“Auction Company”). In order to register and participate in this auction. all prospective bidders must certify that they have read and fully understand these terms and condition and agree to be bound thereby. 1. REGISTRATION: Buyer must register prior to bidding at any auction sale and must be at least 18 years of age to enter into this agreement. In order to receive a bidder’s number, which will be valid for this Auction Sale only. Buyer must provide Buyer’s full name, company (if applicable), mailing address, phone number and email address. A valid credit card is required; we accept Visa, Master Card, Amex, and Discover. By registering, Buyer represents and warrants that any and all Buyer information is accurate and complete. By registering, Buyer also agrees that Buyer has read and fully understands these terms and conditions and agrees to be bound thereby. Auction Company reserves the right to deny any registered bidder at any time at its sole discretion without notification. 2. DEPOSIT: Auction Company reserves the right to request a deposit from any Buyer prior to or during bidding process. 3. INSPECTION: Buyer may inspect the items available for auction and are urged to do so on Friday, April 13, 2018 from 9AM to 4PM. All sales are final, so please attend the public inspection! 4. PAYMENT: Auction Company must receive all payments within 24 hours of receipt of invoice. Payments may be made by cash, cashier’s check drawn to the order of Barry S. Slosberg, Inc. Company checks will only be accepted when accompanied by a valid bank letter of guarantee payment stating that Mr. / MRS. _______ (Specify Name) IS A CUSTOMER OF OUR BANK, AND WE WILL GUARANTEE PAYMENT OF CHECKS WRITTEN ON HIS / HER ACCOUNT UP TO $ ________ (Specify Amount) FOR PURCHASES MADE AT Barry S. Slosberg, Inc. AUCTION ON Friday, April 13th – 19th , 2018. Bank wire transfers to the account of Barry S. Slosberg, Inc. and credit card payments will also be accepted (Visa, MasterCard and Discover). Please contact auction office for further instructions. 5. CHARGEBACKS: As a condition to registration and bidding. Buyer agrees that Buyer will not, under any circumstance, initiate a chargeback to Buyer’s credit card. Buyer further agrees that Buyer is waiving any chargeback rights that may exist under the agreement between Buyer’s credit card company. Should a chargeback be initiated b y Buyer, these terms and condition will be conclusive evidence of Buyer’s waiver of any chargeback rights. 6. TIME OF REMOVAL: Removal by appointment only will begin on Friday, April 20 and end on Monday April 30, 2018. Hours for removal are from 9 AM to 4 PM. Auction Company will not package or ship any items. 7. MANNER OF REMOVAL: Buyer must remove the merchandise from the premised at Buyer’s own risk, expense and liability. Purchases can be removed only upon presentation of original paid invoice. If purchased items are not removed by the removal deadline, such purchased items will be deemed abandoned by the Buyer. Buyer shall forfeit all monies paid to Auction Company for such purchased items and shall forfeit any rights to such purchased items. Auction Company is not responsible for items that are not removed within the time specified. 8. RIGGING: Rigging is also at Buyer’s own expense, risk and liability. A certificate of insurance in the amount of $1,000,000.00 naming Barry S. Slosberg, Inc., the landlord, and the Seller as additional insured entities must be presented to Auction Company for all heavy rigging requiring the use of forklifts, cranes, etc. whether performed by Buyer of a rigging company. Buyer shall restore and repair all real and personal property that is altered or damaged as a result of Buyer’s removal of the purchased items. Auction Company has the right to reduce or eliminate these requirements at its sole discretion. 9. NON-PAYMENT: If any Buyer fails to pay their invoice in full within the time herein specified, the Auction Company. reserves the right to charge the Buyer’s credit card that was used at time of registration for any unpaid balance on an invoice plus a 20% buyer’s premium. 10. NON-DELIVERY RESPONSIBILITY: All purchases made are at Buyer’s risk. Auction Company shall not be responsible if all or any part of such purchases be lost, stolen, damaged or destroyed from any cause whatsoever. Auction Company shall not, in any event, be liable for non-delivery, or for any other matter or thing, to any Buyer of any lot, other than for the return to Buyer the deposit or sum paid on said lot. 11. NO WARRANTY OF ITEMS SOLD: All items are sold on and “AS IS WHERE IS” basis with no warranties or representations whatsoever either expressed or implied including, but not limited to, any representation or warranty relating to title, possession, quiet enjoyment or the like. Auction Company is not responsible for the correct description, authenticity, genuineness of, or defects in any lot and makes no warranty in connection therewith. No allowance will be made or sale set aside on account of any incorrectness, error in cataloging or any imperfection not noted. Descriptions have been prepared for guide purposes only and shall not be relied upon by Buyer for accuracy or completeness. No deduction will be allowed on damaged articles as all goods are exposed for public exhibition and are sold “AS IS, WHERE IS” and without recourse. It is for this reason that Buyer should take advantage of the opportunity to make inspection prior to sale. 12. MANNER OF ITEMS SOLD: All items will be sold on a unit basis, unless listed and described as being sold by the “Lot”. Auction Company reserves the right to withdraw from sale any of the items listed or to sell at this Auction items not listed. Auction Company reserves the right to temporarily or permanently end an auction during the stated auction period or extend an auction without notification. Auction Company also reserves the right to sell all of the items listed in bulk or to sell any and all items or lots prior to the auction. 13. SALE BY COUNT, MEASURE OR WEIGHT: Where items are sold by count, measure or weight, Buyer will be billed for, and required to pay, the estimated count, measure or weight. If, upon removal, any shortage exists, Buyer will receive a refund at the rate of purchase. If there is an excess an excess, Buyer is required to accept and pay for this excess at the rate of purchase. 14. CLAIMS: No claims or allowances of any sort will be allowed once the assets have been removed from the premises. 15. TECHNOLOGY: Buyer acknowledges and agrees that the internet is an unreliable, unsecure, and error-prone network. Regarding our online and webcast auctions, Auction Company cannot and does not guarantee continuous, uninterrupted or secure access to the online bidding service provider or the bssauction.com website or that Buyer information, including auction registration and bids, will be transmitted and received in a timely fashion. Buyer agrees that Auction Company assumes no liability or responsibility for the malfunction or failure of the use of this technology. 16. PERSONAL & PROPERTY RISK: Persons attending during exhibition or removal of goods assume all risks of damage of or loss to person and property, and specifically indemnify and hold harmless Auction Company, landlord and Seller from any and all damages, claims or liabilities from injuries to persons or property of any type whatsoever. Auction Company, landlord and Seller shall not be held liable by reason of any defect in or condition of the premises on which the assets are located. 17. IMDEMNIFICATION: Buyer agrees to indemnify and hold harmless Auction Company and Seller from and against all claims and liabilities relating to the condition or use of the articles purchased or failure of user to follow instructions, warnings or recommendations of the manufacturer, or to comply with federal, state and local laws applicable to such articles or for proximate or consequential damages, costs or legal expenses arising therefrom. 18. AGENCY: Auction Company is acting as agent only and is not responsible for acts of its principals. 19. RESERVE: Auction Company reserves the right to reject any and all bids. On lots in which there is a reserve, the Auction Company has the right to bid on behalf of the Seller. 20. BUYER’S PREMIUM: A buyer’s Premium is a percentage that is added to the final bid price of any item. A 20% Buyer’s Premium will be applied to all purchases. 21. SALES TAX: Buyer shall pay to Auction Company all applicable sales or use taxes imposed by taxing authorities as a result of Buyer’s purchase including, without limitation, any tax on the Buyer’s Premium. To receive the benefit of any tax exemption, Buyer must present to Auction Company a sales tax exemption certificate acceptable in form, scope and substance to Auction Company in Auction Company’s sole discretion. 22. ADDITIONAL TERMS: These terms may be changed or modified by Auction Company at any time without notification and other terms may be added. Barry S. Slosberg, Inc. Auctioneers & Appraisers Thanks You For Your Participation All property is sold “AS IS” and ALL SALES ARE FINAL. Property is open to thorough public inspection. It is the Bidder’s responsibility to determine condition, age, genuineness, value or any other determinative factor. Barry S. Slosberg, Inc. may attempt to describe the merchandise in advertising, on the Internet and at the auction but makes no representations. In no event shall Barry S. Slosberg, Inc. be held responsible for any errors or omissions in the description of the assets of for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value. Bidder agrees that the assets are sold :”AS IS”. Barry S. Slosberg, Inc. is providing Internet bidding as a service to Bidder. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall Bidder have any kind of claim against Barry S. Slosberg, Inc. or anyone else if the Internet service fails to work correctly before or during the auction. Barry S. Slosberg, Inc. will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should use the proxy-bidding feature and leave their maximum bid 24 hours before the auction ends. Barry S. Slosberg, Inc. reserves the right to withdraw or re-catalog items in this auction.