Special Terms
All persons bidding or otherwise attending auction (“Bidders”) acknowledge the following Terms and Conditions and agree to be bound by them.
FORMAT: LIVE AUCTION WITH ONSITE & ONLINE BIDDING
• AUCTION PLATFORMS: Proxibid, EquipmentFacts, Bidspotter
• SALE DAY BIDDING BEGINS: Tuesday, April 23rd, 2024 at 10:00am ET
o Onsite bidder registration begins auction day at 8:30am ET.
• Please note that bidders must present government-issued photo identification when registering to bid in person.
o Online bidders may leave pre-bids and/or participate in real-time.
• PRE-BIDDING ONLINE BEGINS: Tuesday, April 2nd, 2024 at 4:00pm ET
o All bidders must register prior to placing bids.
o Bids may be placed online and will be represented at the Live Auction.
o You are encouraged to use the Max Bid feature which represents your top bid.
o Absentee and Live Telephone bids are available. Contact Motleys Industrial at (804-232-
3300 ext. 3) or email industrial@motleys.com for details.
LOCATION OF ITEMS: Motleys I-95 Auction Complex, 3600 Deepwater Terminal Road, Richmond, VA 23234
PREVIEW & INSPECTION: 9:00am - 4:00pm ET each of the following days unless otherwise noted.
• Thursday, April 18th
• Friday, April 19th
• Monday, April 22nd
• Tuesday, April 23rd (8:00am ET until auction close)
BID SUBMITTAL:
• Motleys is not responsible for a bidder’s inability to place any bid, by internet, phone, absentee or otherwise for any auction/sale for any reason.
• In the event of technology issues with Internet sales, the Auctioneer reserves the right to reopen or extend Internet bidding as it deems necessary and appropriate.
• In the event a bidder loses internet connection, immediately call the office (804-232-3300 ext. 3) for assistance.
BUYER’S PREMIUM: A 10% Buyer’s Premium for on-site bidders and 13% for all online bidders (minimum $10) will be charged for each lot purchased.
PAYMENT TERMS: PAYMENT IN FULL IS DUE BY 4:00PM ET ON THURSDAY, APRIL 25TH, 2024
• Payment Options:
o Wire Transfer
o Certified Check
o Cash (sale day ONLY)
o Credit Card ($5,000.00 limit)
• A 3-4% Processing Fee will apply on all credit card purchases.
• Motleys may require recording fees from bidders with no purchase history with Motleys Auctions or from bidders who reach a certain spend level.
o When a bidder has purchased between $25,000.00 and $50,000.00 worth of lots, Motleys may require $1,000.00 to secure the transaction.
o When a bidder has purchased between $50,000.00 and $100,000.00 worth of lots, Motleys may require $2,500.00 to secure the transaction.
o When a bidder has purchased over $100,000.00 worth of lots, Motleys may require
$5,000.00 to secure the transaction.
o All recording fees will be applied to purchases and reflected on your invoice after
collection.
o Motleys Industrial will call your phone number on file to collect these recording fees.
• Motleys reserves the right to disqualify any bidder whose credit card is denied for any recording fee charged during the auction.
• In the event a bidder is disqualified due to an inability to collect the appropriate recording fee, immediately call the office (804-232-3300 ext. 3) to take the steps necessary to reinstate their ability to participate.
• A $50.00 per day Late Payment Fee will be charged on any outstanding balance unless acceptable arrangements are made with Motleys.
• NO EXCEPTIONS WILL BE MADE TO THESE PAYMENT TERMS.
WIRE TRANSFER:
• Touchstone Bank, 4300 Crossing Blvd., Prince George, VA 23875; Account # 400 58 778; Routing # 051 403 931; Swift Code COMHUS33; Account Name - Motleys Auctions, Inc.
• For all Domestic and International Wire Transfers, please confirm with your banking institution any transaction fees that may need to be allowed for and confirm that the correct amount is being wired. All wire fees are the sole responsibility of the Buyer.
• No Direct Deposits in person at the Bank to our account will be accepted.
• No items will be released until receipt of wire transfer has been verified.
REMOVAL:
• Removal appointments are required.
o This ensures the best possible customer service for you.
o To schedule your appointment, access the Removal Scheduling link sent with your paid invoice, email the Motleys Industrial Office at industrial@motleys.com, or call us at (804-232-3300 ext. 3).
o Removal appointments are Monday through Friday 9:00am to 4:00pm ET.
o Removal Deadline is Tuesday, April 30th, 2024 by 4:00pm ET.
• ALL ITEMS MUST BE PAID IN FULL BEFORE REMOVAL OF ANY ITEM WILL BE ALLOWED.
• Loadout:
o Is the responsibility of the purchaser.
• Motley’s personnel will direct you to the location of your item(s), and, at their discretion load palletized items. (Loadout fees may apply)
• Motley’s personnel will not push, pull, or drive equipment or trucks onto trailers, stack trailers or load large items.
• Storage Fee: Any item remaining after the Removal Deadline, a $10 per day, per item fee will be charged to the buyer until the item is removed. Anything remaining 60 (sixty) days after the Removal Deadline will be considered abandoned and Motleys may take possession of the asset(s).
TITLES:
• Titles are processed within ten (10) business days after payment and titles are received.
• A $40.00 title fee is charged for each titled item.
• Any item(s) sold “Title Delay”
o Must remain on the premises until the title document is available.
o Title Delay documents are generally available within 30-90 days.
FINANCING:
• FINANCING IS NOT A CONTINGENCY OF THE SALE.
• You may contact the following vendors for options:
o Navitas Credit Corp., Chuck Zegley, 800.422.1844, czegley@navitascredit.com
o Wells Fargo Equipment Finance, Inc., Roderick W. Hart II, Territory Manager, 301.787.8692 (phone), 866.620.1607 (fax), roderick.hart@wellsfargo.com
o Go Capital, Brian Rose, Regional Account Manager, 855.396.3600 (phone), 949.271.4023 (fax), brian@gocapitalusa.com
o F. N. B. Equipment Finance, Zachary Roy, 410.935.5369 (cell), 800.278.6259 (office), 570.883.0928 (fax), royz@fnb-corp.com
ALL SALES FINAL: ALL ITEMS ARE SOLD “AS IS”, “WHERE IS”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR GUARANTEES, EXPRESSED OR IMPLIED.
Terms & Conditions
All persons bidding or otherwise attending auction (“Bidders”) acknowledge the following Terms and Conditions and agree to be bound by them. By completing the registration process to be a participating bidder for any auction, sale, or event held by Motleys Asset Disposition Group, or held by any division of Motleys (i.e. Motleys Industrial, Motleys Real Estate, or Motleys Commercial Real Estate), you are also giving express permission to be sent marketing emails and newsletters to the email address that was used for registration.
1. Bidding: Bidding is open to the public without regard to race, color, sex, religion, or national origin. All bidders are required to have a bidder’s number to bid. To obtain a bidder’s number, complete a registration form in person or online with all required information. All bids are considered to be binding offers to purchase regardless of whether a reserve is met or not.
2. Bidding Procedures: (1) Method, order of sale, and bidding increments shall be at the sole discretion of the auctioneer. (2) The auctioneer reserves the right to delete or add items at its discretion. (3) Motleys may act to protect the interest of buyers and sellers as an agent, by bidding through the auctioneer. (4) The auctioneer may open bidding on any item by placing a bid as an agent for any buyer or seller.
3. Auctioneer Authority: Announcements (both verbal and written) made during the auction will take precedence over all printed material or oral statements made. The auctioneer has the authority, at his sole and absolute discretion, to deviate from, change, alter, or modify, the bidding procedures and conduct of the auction, at any time, including after commencement of the auction by announcing those modifications at the time of sale.
4. Bid Execution: Bids which are submitted to Motleys in writing, through the Internet, or otherwise placed with Motleys prior to or during an auction for execution at or below a specified price shall be entertained and executed by Motleys for the convenience of bidders. Motleys shall not be responsible for failing to execute such bids or for errors relating to the execution of such bids. Auctioneer is not responsible for a bidder’s inability to place any bid, internet or otherwise for this auction for any reason. In the event of technology issues with Internet sales, or for other reasons, the Auctioneer reserves the right to reopen or extend Internet bidding as it deems necessary and appropriate.
5. Purchaser Defined: The highest bidder whose bid is accepted by Motleys Asset Disposition Group (“Motleys” or “Auctioneer”), is the Purchaser (“Purchaser”). The “Final Bid” shall be the Purchaser’s bid as accepted by the Auctioneer, and all items are “Purchased” when the Purchase Price is accepted.
6. Buyer’s Premium: The Buyer’s Premium shall be paid by the Purchaser and will be added to the Final Bid on an item to determine the “Purchase Price”. If there is no Buyer’s Premium, the Final Bid is the Purchase Price. See Section “Buyer’s Premium” in the Sale Information portion.
7. ALL SALES ARE FINAL. Each item is auctioned “AS IS, WHERE IS, WITH ALL FAULTS” in its condition at the time of sale, WITHOUT any warranties or guarantees, either expressed or implied, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, POSSESSION, QUIET ENJOYMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, and without recourse by way of refund, reduction of the Purchase Price, or otherwise. No purchase will be set aside, nor will Auctioneer be liable, for incorrectness in description, misnomer, errors in cataloging, imperfection, or mislabeling of any item. It is the BUYER’S responsibility to thoroughly inspect all equipment, in person or by third party prior to bidding or placing bids. Motleys Industrial is not bound by information listed in Electronic Data Vehicle Histories (EDVH), i.e. Carfax, Autocheck, etc. THERE WILL BE NO ADJUSTMENT TO THE FINAL BID PRICE AFTER THE BIDDING CLOSES. Call to ensure specific items are at the auction site before traveling.
8. Catalog: The listing catalog has been prepared only as a guide based on information from sources believed to be reliable, but the accuracy thereof cannot be guaranteed or warranted by Motleys. Hours and miles which are stated in the catalog descriptions as “showing” are read on the meters and odometers, or as provided by owner, with no guarantee of accuracy. “Actual” hours and miles are NOT guaranteed to be accurate. All announcements from the auction stand on auction day, to the extent that they are different from prior printed material take precedence. Any information provided by Motleys or its representatives, verbal or otherwise, is not guaranteed, to include, but not limited to country of origin or manufacturer. Purchaser acknowledges that all items were available for inspection prior to the auction and that Purchaser relies on his own inspection of the items and not the information listed in the catalog or otherwise provided by Motleys.
9. Bidding Disputes: Should a dispute arise between two or more bidders; the Auctioneer may re-open the bidding between the high bidders until the property is purchased. Should the Auctioneer and a bid assistant (bid spotter) simultaneously recognize conflicting bidders, even if the Auctioneer has announced the item as “sold,” the Auctioneer may re-open the bidding between the high bidders until the property is purchased. The Auctioneer will determine the purchaser and his decision shall be final and absolute.
10. Risk of Loss: Upon the fall of the hammer, or when the Auctioneer says “sold,” or when the internet auction closes, risk of loss shall pass to the Purchaser. Motleys accepts no responsibility for any loss or damage to any Purchased item once the hammer falls. It shall be the responsibility of the Purchaser to insure all Purchased items immediately.
11. Sales Tax: Sales or Use Taxes will be added to the Purchase Price of all taxable Purchased items. A current and complete sales tax exemption certificate including sales tax exemption number must be presented upon Bidder Registration or immediately following notification of a Winning Bid to avoid paying sales tax.
12. Payment: All buyers must abide by the “payment terms” set forth for this sale. See “Sale Information” for details. Motleys may refuse to allow removal of Purchased items and all property of Purchaser consigned for auction with Motleys until the Purchaser pays all amounts due and owing Motleys.
13. No Stop Payment Orders or Credit Card Chargebacks: Purchaser agrees that such Purchaser will not, under any circumstances, (i) issue a stop payment order on any checks issued in connection with the Auction, or (ii) initiate a credit card chargeback with respect to any purchases at the Auction. Purchaser acknowledges that Motleys (Auctioneer) has accepted their registration and issued a Bidder Number based on this covenant. Each Purchaser further agrees that if, in violation of these Terms, a stop payment order is issued or a credit card chargeback is initiated, these Terms will be conclusive evidence of the Purchaser’s (i) waiver of any rights to issue a stop payment order or to initiate a credit card chargeback, and (ii) agreement not to issue a stop payment order or to initiate a credit card chargeback; and each Purchaser acknowledges and agrees that on Auctioneer’s presentation of these Terms to the bank, credit card company, or other financial institution against which a check was drawn or that issued the credit card on which charges were made, such bank, credit card company, or other financial institution will reverse any stop-payment order and/or deny any credit card chargeback, and will re-credit all amounts to or for the account of Auctioneer. If a Purchaser issues a stop payment order or initiates a credit card chargeback in violation of these Terms, even if successful, Purchaser will remain liable for all purchases made at the Auction, and will be responsible for all costs and expenses, including attorneys’ fees, incurred by or on behalf of Auctioneer and/or Seller in challenging the stop payment order or credit card chargeback and in collecting payment.
14. Removal and Storage/Handling Fees: Purchasers must remove all purchased/paid in full items from the auction site within the time allotted for removal. See “Sale Information” for details. Purchaser takes full responsibility for the removal of purchased items and holds harmless and indemnifies the consignor and auctioneer for any damage or injury in the removal or dismantling process. Motleys reserves the right to require proof of insurance coverage on any item, person, or company. If for any reason Purchaser fails to remove any items from the auction site in accordance with this paragraph, including Purchaser’s failure to make full and complete payment of all sums due and owing to Motleys, Purchaser agrees to pay Motleys a storage fee of ten dollars ($10.00) per item, per day, and reasonable handling, transportation, maintenance, security, and insurance fees and or costs.
15. Default by Purchaser: In the event Purchaser fails to pay the full Purchase Price of any Purchased items as per these Terms and Conditions, or other amounts due Motleys, Purchaser agrees to pay Motleys a storage fee of ten dollars ($10.00) per day, per item left at the auction site, and all storage, reasonable handling, transportation, maintenance, security, and insurance fees and/or sales costs. Additionally, Purchaser agrees to grant Motleys a lien on all purchased items and all property of Purchaser consigned for auction with Motleys, and the proceeds of the sale of such property, until all the Purchase Price and all other sums due Motleys are paid in full. Motleys’ lien shall include the Purchase Price, and all fees listed above in this section. In addition, Motleys, at its sole discretion, shall have the right to resell such items by public or private sale at a commission rate of Twenty-five (25%) Percent of the resale Hammer Price. Purchaser grants Motleys the right to withhold from the proceeds of such resale any and all sums due Motleys. Motleys’ exercise of its right to resell any items in accordance with this paragraph, shall not prevent Motleys from recovering the Purchase Price or any other amount due Motleys from the Purchaser.
16. Abandoned Property: Motleys may deem abandoned any item left at the auction site after the time provided for removal. In addition, Motleys, at its sole discretion, shall have the right to resell such items by public or private sale at a commission rate of Twenty-five (25%) Percent of the resale Hammer Price. Purchaser grants Motleys the right to withhold from the proceeds of such resale any and all sums due Motleys. Any sum remaining after full and complete payment of all amounts due and owing to Motleys shall be provided to the Purchaser. Motleys exercise of its right to sell any items in accordance with this paragraph, shall not prevent Motleys from recovering the Purchase Price or any other amount due Motleys from the Purchaser. Redemption of any abandoned goods will be allowed after complete payment of the Purchase Price and all other amounts due and owing to Motleys. In the case of any item left at the auction site for 60 (sixty) days more after the removal deadline, Motleys may assume ownership.
17. Titles: Title documents will be available to Purchaser upon complete and final payment of all sums due Motleys within ten (10) business days of such payment and availability of title unless sold title delay. Items sold title delay shall remain at the auction site until title documents are available unless Purchaser signs a waiver. Purchaser shall not alter any purchased item prior to receipt of title. If merchantable title or documents necessary to secure merchantable title are unavailable, Purchaser shall return the item to the auction site in the identical condition as at the time of purchase upon which Motleys shall refund the Purchase Price. Motleys shall not be liable for any other amount, any improvements, or repairs, or for any consequential or incidental damages incurred by the Purchaser.
18. Loading/Unloading of Equipment: All items are sold “WHERE IS”. Motleys does not provide operators for the loading or unloading of any vehicles or equipment under any circumstances. This is the sole responsibility of the Purchaser including INOPERABLE ASSETS.
19. Withdrawn Property. Motleys reserves the right to withdraw any individual items or to cancel the sale of any items or offer any items in lots of groups. Motleys reserves the right to cancel the entire auction without notice or liability to Motleys.
20. Unauthorized Conduct: Motleys reserves the right to refuse any bidder registration privileges at any auction and to refuse access to and removing any person from the auction site for any reason including, but not limited to, 1) tampering with equipment, 2) collusive bidding, 3) stealing, 4) failure to abide by these Terms and Conditions, 5) intoxication, (6) inappropriate behavior. By registering for the auction and entering PRIVATE PROPERTY, any person is subject to search if sufficient evidence is present of theft or tampering and sabotaging assets. All Bidders acknowledge Motleys right to refuse access and to remove Bidders for such conduct and agree to leave the auction site upon request by Motleys.
21. Enter at your Own Risk: Bidders acknowledge that an auction site is potentially dangerous, and Bidders shall so advise their agents and employees. Bidders enter the auction site at their own risk/and expressly agree to indemnify and hold Motleys harmless for any personal injury or property damage which may occur while at the auction site. NO CHILDREN under the age of 16 shall be permitted at the auction site. NO EXCEPTIONS! (No se permiten menores de 16 años en el area de la venta).
22. Buy Backs: The owner of any item being sold may not bid on that item, or collude with others to bid on that item.
23. Notice. Except for announcements made pursuant to paragraph 3 of these Terms and Conditions, these Terms and Conditions may not be amended in any way, except by a signed, written agreement between Motleys and the Purchaser.
24. Post-Auction Disputes: These terms and conditions and any additional terms and conditions of the auction shall be governed by the laws of the Commonwealth of Virginia. Any disputes arising from the auction or for any default by the Purchaser shall be brought in the Courts of the City of Richmond, Virginia. Purchaser agrees to be subject to the jurisdiction of the Courts of the City of Richmond, Virginia. If purchaser’s account is turned over to an attorney for collection, defaulting Purchaser shall be liable to Auctioneer for attorney’s fees of 33 1/3% of the amount due Auctioneer as well as court costs and all other damages and fees resulting from the default. Purchaser waives trial by jury. Purchaser waives Homestead Exemption.
25. SHERMAN ANTITRUST ACT: Title 15, Section 1 of the United States Code specifically prohibits any agreements that restrain trade and commerce and declares them to be illegal and a federal felony.
The law provides: ‘Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal. Every person who shall make any contract or engage in any combination or conspiracy hereby declared to be illegal shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding $10,000,000 if a corporation, or, if any other person, $350,000, or by imprisonment not exceeding three years, or by both said punishments, in the discretion of the court. Any agreement among potential bidders at this auction not to bid against one another, or otherwise to dampen the bidding process, is illegal and will be immediately reported by Motleys to the United States Attorney and the Department of Justice for investigation and prosecution.
26. Claims: No claims will be allowed after removal of goods from premises or left on premises past the removal deadline.
27. Responsibility for Non-Delivery: Neither the auctioneer nor the seller, in any event, shall be liable for non-delivery or for any other matter or thing, to any purchaser of any lot, other than for the return to the purchaser of the deposit or sum paid on said lot, should the purchaser be entitled thereto.
28. Acceptance: Bidding on any items or otherwise attending the auction indicates acceptance of these Terms and Conditions.
29. Fees: Subject to change without prior notice.
30. Auctioneer’s Note: As always Motleys strives to make your auction experience as pleasant as possible and will assist our customers to our fullest extent. The above referenced dates and processes will be strictly enforced.
