NOTES: This is an OFFSITE auction. Payments will ONLY be accepted at the pick up location on Tuesday, February 27th; Wednesday, February 28th; and Thursday, February 29th. Any in-person payments accepted AFTER February 29th must be made at our office at 3114 Freeman Street, Chattanooga, TN. Some lots will not be eligible for shipping or transfer. Please review each lot's description for transfer/shipping eligibility. 847 - Gaddcom Utility Contractor Business Liquidation Auction - Auction Terms & Conditions - 1. Auction Event Type: Live Onsite w/ Webcast 2. Auction Date: 2/27/2024 3. Auction Pre-bidding Opens: 2/13/2024 4. Inspection Dates: By Appointment 5. Location Address: Chattanooga, TN 37406 6. Buyer's Premium: Tiered (See Section I below) 7. Lots "Sold on Conditional Sale" are sold pending Seller approval. *See Section IV for details. 8. Sales Tax: 9.25% Tax Exempt Buyers: Tax Exemption documentation must be received prior to payment. Vehicle Taxes: See Section III in Terms & Conditions below. 9. Payment Due: Within 2 business days of auction. 10. Payments Accepted: Cash | Cashier's Check | Bank Wire* | Check* | All Major Credit Cards** *See Section I for further instructions. **Credit card transactions incur a 3% processing fee. **New Buyers: Invoices over $500 must be paid with cash or certified funds.** 11. $99 Document Fee: applies to items sold on documentation (Title, Bill of Sale, etc.) 12. Removal/Shipping: No items may be removed until all items are paid in full. Removal Appointment Hours: Tuesday, 2/27/2024 - Friday, 3/1/2024 from 8:30AM - 3:30PM and Monday, 3/4/2024 - Wednesday, 3/6/2024 from 8:30AM - 3:30PM EST. Item removal is by appointment only. Final Date of Removal: 3/6/2024 *See Section II for full removal/shipping information.* **Some lots will not be eligible for shipping or transfer. Please review each lot's description for transfer/shipping eligiblity.** **If you do not have funds to pay for purchases at the time of the auction, please do not bid.** Section I: Payment Buyer's Premium: Tiered $1.00 - $50,000.00 13% Onsite 16% HiBid 18% Proxibid $50,001.00+ 10% Onsite +2% HiBid Internet Fee +3% Proxibid Internet Fee *Select Municipal Items as Indicated in Lot Description* 10% Onsite +2% HiBid Internet Fee +3% Proxibid Internet Fee All payment due within 2 business days. New Buyers: Credit cards will be processed 2 business days after an auction for invoices under $500. Returning Buyers: Credit cards will be processed 2 business days after an auction. Checks exceeding $500 must be accompanied by a letter of credit from the banking institution. Bank wires are subject to a $35 transfer fee (domestic bank wires) or a $100 transfer fee (international bank wires). If the transfer fee is not included in the wire, Buyer gives Compass Auctions & Real Estate, LLC permission to charge the card on file for the amount due. All major credit cards accepted: Visa, MasterCard, American Express, Discover. Credit card transactions incur a 3% processing fee. No chargebacks permitted. A $50.00 fee shall be assessed to Buyer for all returned checks and interest may be charged at the rate of 3% of the total invoice weekly plus, any additional costs, labor, or fees incurred to pursue collection. If payment is not received, Compass Auctions may choose to void a Bidder's invoice and forfeit all items. Bidder will be banned from all future auctions associated with Compass Auctions & Real Estate, LLC and reported to its affiliated online bidding platforms. All legal fees, collection fees, and any other charges arising from nonpayment will be paid by the Bidder. Section II: Removal See Item 12 above for Final Removal Date. Items remaining at the site more than 2 business days beyond the final date of removal will be considered forfeit (no exceptions). Removal appointments can be scheduled Monday - Friday 8:30AM - 10:30AM & 12:00PM - 3:30PM EST. Warehouse staff stops loading at 4:00PM EST. No items may be removed from the warehouse after 4:00PM EST. Buyers causing damage, harm, creating environmental issues, dumping, destroying, abandoning refusal, or any other act to cause monetary expense to be incurred to a Consignor/Seller's property, auction site location, or property of any kind will be held liable for all damages, cleanup, or repair and may be prosecuted to the fullest extent of the law. Neither Compass Auctions & Real Estate, LLC nor Consignor/Seller is responsible for damages incurred due to loading, unloading, or during shipment/transport of items. All items are sold 'As Is, Where Is'. Compass Auctions & Real Estate, LLC. nor Consignor/Seller will, in any way, be responsible for any damages or injuries while providing a lift, tools, equipment and/or loading services. Lifts and loading may be provided as a service to Buyers where available. Buyer acknowledges responsibility for any personal injury or damages to property caused by themselves and/or his/her agent. If Buyer does not make the necessary arrangements for shipping or have items removed by the designated Final Removal Date, Buyer shall have no claim against Compass Auctions & Real Estate, LLC or Consignor/Seller and will forfeit the merchandise with no refunds or recourse. At request of the Buyer, Compass Auctions & Real Estate, LLC can provide shipping assistance. Small and medium-size items may be shipped via UPS, FedEx, or USPS for the cost of shipping (custom material cost or HAZMAT fees may apply). Compass can provide basic consolidation and pallet wrapping for a charge of $75.00 per pallet; transportation arrangements are the sole responsibility of the Buyer. Transporters must provide a Bill of Lading prior to pick up. Hazardous Material Shipping HAZMAT shipments are subject to a minimum hazmat charge of $70 per package (includes HAZMAT fee and HAZMAT packaging) + the cost of shipping. (Price not controlled by Compass.) All HAZMAT shipments will ONLY be shipped via FedEx. Compass reserves sole discretion to determine appropriate shipping methods. Invoices must be paid in full BEFORE items will be submitted for shipping preparation. Buyer is fully responsible for arranging shipping, transportation, logistics, rigging, and removal and any associated costs. Section III: Vehicles $99 Document Fee: applies to items sold on documentation (Title, Bill of Sale, etc.) Vehicles, trailers, watercraft, motorcycles, recreational vehicles, large equipment, etc. sold on a Bill of Sale are subject to sales tax. Vehicles sold on title will not incur standard sales tax. Vehicles sold on title to be registered in the State of Tennessee will be charged vehicle tax required for registration. Vehicles sold on title to be registered outside Tennessee are not subject to sales tax. If the Buyer plans to register a titled vehicle in an area that requires an emission or other test, emissions and/or other tests are not guaranteed. All vehicles are sold "As Is, Where Is" unless stated otherwise in the item description. All titled vehicles are sold "As Is, Tow Away" in regard to emissions tests. It is the Buyer`s sole responsibility to determine if a titled vehicle is legal and able to be registered where the buyer is registering the vehicle. Titles for vehicles will be mailed within 21 business days. Section IV: Additional Terms & Conditions All property is sold 'As Is, Where Is'. Statements, conditions, descriptions, weights, and measures on or about items are provided in good faith and only matters of opinion. Neither Compass Auctions & Real Estate, LLC nor the Consignor/Seller make no guarantees and/or warrantees, expressed or implied about the merchantability of items and/or fitness for a particular purpose. Conditional Sales: Compass Auctions & Real Estate, LLC will contact the Seller with the High Bid. The Bidder will be notified of the Seller's decision by close of business on the day of the auction. Conditional Sale bids that have been accepted by the Seller are considered winning bids and cannot be retracted. Reconsignment: Lots are eligible for reconsignment if all of the following criteria are met: 1. The winning bid amount is a minimum of $100 per lot; 2. The item(s) is located at Compass' facility (no offsite reconsignments will be available); and 3. A Compass staff member has provided authorization to reconsign the item(s) and a consignment form is fully executed by the buyer. Bidder acknowledges having inspected the property, whether in person or online, and to be satisfied with the same prior to bidding. Bidder is solely relying upon their own expertise when choosing to make a purchase. Compass Auctions & Real Estate, LLC has attempted to provide the correct item description and/or pictures, however any errors or omissions in any provided format, description, or picture does not affect/void the sale in any way. All announcements made by Auctioneer at/during the auction will take precedence over previous printed materials, website, or other statements and/or descriptions made. International bidders may be required to place a bidder deposit prior to approval. Compass Auctions & Real Estate, LLC reserves the right to withdraw or re-catalog items in the auction. Buyer agrees that under no circumstances whatsoever will Compass Auctions & Real Estate, LLC or Consignor/Seller ever be liable to any Buyer for an amount greater than the purchase price of the item purchased and only when in agreement that statement materially was intentionally incorrect. Under no circumstances shall the Bidder have any claim against Compass Auctions & Real Estate, LLC in the event of any technical issues. Compass Auctions & Real Estate, LLC accepts items with undisclosed reserve prices. The Consignor/Seller and Compass Auctions & Real Estate reserves the right to bid on behalf of the Consignor/Seller items on which there is a reserve. Compass Auctions & Real Estate, LLC may reject or cancel a bid for any reason. The record of the auction made by Compass Auctions & Real Estate, LLC shall be conclusive. This is a Public Auction and as such, all qualified Bidders may bid including Compass Auctions & Real Estate, LLC owners, family members, employees, and any Consignor company, group members, or employees. Compass Auctions & Real Estate, LLC reserves the right to refuse service at its discretion. Compass Auction & Real Estate, LLC reserves the right to update Terms & Conditions at any time without notice. Agents Only: The Auctioneers at Compass Auctions & Real Estate, LLC are acting as the Consignor/Sellers' agents. Disputes: Auctioneer shall designate the winning Bidder after each item is auctioned. If a dispute arises between two or more Bidders, Compass Auctions & Real Estate, LLC reserves the right to reopen bidding. The Auctioneer's designation of a Buyer shall be final. Any disputes that require litigation shall be administered and shall be enforced and brought in The State of Tennessee in Hamilton County and governed by the laws of the State of Tennessee. Compass Auctions & Real Estate, LLC shall select the venue for the litigation proceedings whether by arbitration or litigation. Compass Auctions shall receive compensation of all legal fees, collection fees, and any other charges incurred by Compass Auctions & Real Estate, LLC as a result of any legal action, regardless of the outcome. Export: Buyer agrees to comply with applicable export control laws and regulations of the United States. Iran Divestment Act: Buyer certifies that, to the best of his/her knowledge and belief, that his/her organization is not on the list created pursuant to TCA 12-12-106 regarding engaging in investment activities in Iran as described in TCA 12-12-105. Non-domestic customers: All property is sold Incoterms Ex-Works-Origin. Buyer shall arrange and bear all customs taxes and charges and arrange for the loading of the purchased goods. Compass Auctions is not the originator nor responsible for any fees or taxes. By registering, bidding, and/or attending this auction, you agree to all Terms & Conditions listed as acknowledged and set forth by Compass Auctions & Real Estate, LLC.