Special Terms
All Sales are final.
All Items are Sold AS IS / Where IS!!!
*** All Purchases MUST be Removed from the Location by 6/30/2024 NO EXCEPTIONS ***
1. THE UNDERSIGNED (BUYER) ACKNOWLEDGES THAT S/HE/IT HAS CONDUCTED A
THOROUGH INSPECTION OF THE ITEMS BEING PURCHASED. ALL ITEMS ARE SOLD IN
AN AS-IS, WHERE-IS, AND AS INSPECTED, CONDITION WITH ANY AND ALL FAULTS.
WHILE DESCRIPTION IN PRINTED MATERIALS ARE BELIEVED TO BE CORRECT, THE
SELLER MAKES NO WARRANTIES OR GUARANTEES, EXPRESSED OR IMPLIED, AS TO THE
GENUINENESS, AUTHENTICITY OR MERCHANTABILITY OF, OR DEFECT IN ANY ITEM, AND
WILL NOT BE HELD RESPONSIBLE FOR ANY DISCREPANCIES OR INACCURACIES. ANY
AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ((WITHOUT LIMITATION)
AS TO THE MERCHANTABILITY OF ANY ITEM OR FITNESS FOR A PARTICULAR PURPOSE)
ARE HEREBY DISCLAIMED. NO WARRANTIES ARE MADE AS TO THE MERCHANTABILITY
OF ANY ITEM OR THEIR FITNESS FOR ANY PURPOSE.
2. INFORMATION CONTAINED IN LISTING(S) IS SUBJECT TO BUYER VERIFICATION AND
INSPECTION. EVERY EFFORT IS MADE TO ENSURE THE DESCRIPTION AND PHOTOS
MATCH. YOU ARE BIDDING ON THE ITEM DESCRIBED, AND NOT PHOTO. NO
ASSUMPTIONS SHOULD BE MADE ON PHOTOS. THE SELLER, SELLERS AGENTS AND/OR
REPRESENTATIVES, HILCO FIXED ASSET RECOVERY, IT'S AFFILIATES, REPRESENTATIVES
AND/OR AGENTS, ARE ALL HELD HARMLESS AGAINST ANY/AND ALL CLAIMS AND HAVE
NO LIABILITY FOR ITS ACCURACY, ERRORS, OR OMISSIONS; IN ADDITION TO ANY
ISSUES THAT MAY RESULT DUE TO THE AUCTION SITE AND ANY ISSUES THAT MAY
ARISE DUE TO MALFUNCTION(S) OR INTERNET ISSUES AT ANY POINT DURING THE
PROCESS.
3. Payment must be made on the day of purchase. Payment may be made by Visa,
MasterCard, American Express, or Discover if accepted at the location. When paying by
credit card, Buyer is waiving any/all rights to initiate a credit card chargeback against the
transaction. Limit on Credit Card Payments is $5,000.00 USD; amounts above $5,000.00
will require a WIRE TRANSFER or ACH payment.
4. Applicable state sales tax will be added to all purchases. Exempt Buyers MUST SUBMIT a
NEW EXEMPT CERTIFICATE to Russ Hodder Prior to Auction Close!!
5. Ownership title passes upon payment of the purchase price, and thereafter the property
is at the risk of the Buyer, and the Seller shall not be responsible for the loss or damage
to any article due to theft, fire, breakage, or any cause whatsoever, however occasioned.
6. Removal shall be at the sole expense, liability and risk of the Buyer. Buyer is responsible
for providing all labor, material and equipment to properly execute removal; to the extent
required by applicable law. Buyer shall use licensed persons to perform all aspects of the
removal (including (without limitation) licensed contractors, electricians, riggers, and
plumbers). Buyer is solely responsible to provide any personal, equipment or material
needed to pick up and/or remove purchases and shall assume all responsibility for the
removal of any item of property purchased at the sale and any and all risks associated
with such removal including, without limitation, the responsibility for providing licensed
and bonded professionals to ensure proper water, gas and/or power disconnection, and
full financial responsibility for any damage or liability to persons or property resulting
from any act or omission of Buyer or any Buyers employees, agents, independent
contractors, and/or representatives during pick-up and/or removal. Buyer agrees that in
the event purchased items contains any environmental hazards, toxic waste or other type
of hazardous material or substance (collectively, HAZMAT) in any form whatsoever, Buyer
shall provide evidence that buyer or its employees, agents, independent contractors,
and/or representatives are licensed for the removal of items and shall comply with all
applicable local, state and federal status, ruled, laws, ordinances, codes, and regulations.
Neither Seller, its agents nor its representatives shall have any responsibility for HAZMAT
or containment, storage or removal thereof.
7. Buyer must remove all purchased items and all parts of purchased items. There is no
right of abandonment. Buyer subject to any expenses associated with the removal of any
items not removed.
8. Seller shall not be responsible for non-delivery to any Buyer of any item purchased, other
than refund the deposit or sum paid on any item due to Seller error. The liability of Hilco
Fixed Asset Recovery and Seller is limited to the refund of the bidder's purchase price.
9. The Seller reserves the right to withdraw any listed item from the sale, to sell items that
are not listed, to group one or more items into one, to subdivide items and to sell any/all
items in bulk.
10. In the event the Buyer fails to comply with any of the terms and conditions of the sale,
the Seller may sue buyer for damages. Buyer agrees to pay any and all charges and
expenses incurred by reason of any breach of the terms and conditions of this sale,
including, without limitation, reasonable attorney fees. Any items remaining at the
removal site after the allotted removal period, or date expressed by the seller's agent,
will be considered abandoned by the Buyer, all rights to items will be forfeited, all monies
will be retained by Seller, and the items will be re-sold or otherwise disposed of
immediately at Seller's discretion. Buyer will lose any and all right, title or interest
Buyer may have acquired and the items shall revert to and re-vest in the Seller without
further notice to Buyer.
11. These written terms and conditions of sale supersede any other terms and conditions,
either written or verbal and cannot be modified.
12. Buyer hereby agrees to and shall indemnify, defend and hold Seller, its subsidiaries and
affiliated companies, and their respective directors, officers, representative, independent
contractors, and employees, harmless from any third party liability (including reasonable
attorneys fees and court costs) occurring or arising by reason of or relating to Buyer's or
its subsidiaries and affiliated companies, or their respective directors, officers,
representatives, independent contractors, or employees (i) breach of these terms and
conditions, (ii) damage to persons or property at the location(s) of the items purchases,
or (iii) negligent, willful or unlawful acts or omissions.
12.All items are taxed at9.75%. If you are Tax Exempt, YOU MUST PROVIDE A NEW TAX
EXEMPT CERTIFIATE TO Russ Hodder PRIOR to the Auction Close!!
13. HILCO FIXED ASSET RECOVERY RESERVES THE RIGHT TO ADD, REMOVE, ADJUST
AUCTION CATALOG, SPLIT/COMBINE LOTS, ADD/EDIT RESERVES/MINIMUMS, CANCEL,
SUSPEND, EXTEND OR RESCHEDULE ITEMS FOR AUCTION; IN ADDITION TO CHANGING
AUCTION CLOSING, PREVIEW, OR REMOVAL DATES.
14. AUCTION IS OF STORE FIXTURES & EQUIPMENT ONLY. MERCHANDISE, WEATHER
SHOWN IN PHOTOS OR NOT, IS NOT INCLUDED.
**QUESTIONS, CONTACT: RUSS HODDER
RUSS@HODDER.US
616-514-7808
***
