SECURED PARTY'S SALE AT PUBLIC AUCTION 10-45 Restaurant Equipment Re: Chinese Jade Restaurants Rockland & Waldoboro, Maine Auction Date: Wednesday, March 10, 2010 at 10AM TERMS: Personal or Company Check, Wire Transfer, Visa/Mastercard. 13% Buyer’s Premium. Payment must be received at auctioneer's office on or before Thursday, March 11, 2010 at 12PM. Office Address: 1 Runway Rd. So. Portland, ME 04106. Credit Card Purchases with be assessed a 3% Convenience Fee. Once you become a winning bidder, title passes (UCC) and you are responsible for your own merchandise. Auctioneer & Seller are not responsible for lost or stolen items. SALES TAX: 5% Maine sales tax on all items. Dealers or exempt agencies must provide us with a copy of their annual resale certificate with the clerk at time of registration. Out-of-state residents are subject to Maine sales tax. REMOVAL OF MERCHANDISE: Day of Sale until 4PM. Additional time from 8AM-4PM on Thursday, March 11, 2010. All items must be removed by 4PM, March 11, 2010. WARRANTIES: While descriptions are believed to be correct, the Auctioneer and the Seller make no warranties or guarantees, expressed or implied as to the genuineness, authenticity of, or defects in any lot, and will not be held responsible for advertising discrepancies or inaccuracies. Purchaser acknowledges that purchaser has had the opportunity to inspect the lots and that everything is sold on an "AS IS", "WHERE IS" basis except as expressly made in writing. No warranties are made as to the merchantability of any item or their fitness for any purpose. Auctioneer and Seller do not guarantee the accuracy or completeness of the information contained in the catalog or web page advertising. Purchasers should verify and inspect desired items prior to bidding. Purchaser does hereby indemnify and hold harmless Auctioneer and Seller from any and all damages and claims of any type whatsoever, caused during the sale or arising out of the sale, or by the removal of the items purchased. Purchasers will be held responsible for any damage they may create to the property, other items at the sale, or parties during the removal process. If any dispute arises between two or more bidders, the Auctioneer at his sole option may put up the lot again for sale at once and resell to the highest bidder. The Auctioneer reserves the right to bid and to reject any and all bids including any bid, which is only a fractional advance over the preceding bid. The Auctioneer reserves the right to group one or more lots into one or more selling lots and to add to or delete from lots at Auctioneer's sole discretion. Absentee bids will not be accepted. All bids may be subject to confirmation of the secured creditor. In the event the Purchaser fails to pay the whole of the purchase price within the time set forth by the Seller, and/or fails to comply with any of the Terms and Conditions of Sale, the Seller may retain and/or recover the deposit specified as liquidated damages, and in addition thereto, can be resold at public or private sale without further notice. Any deficiency resulting from such resale shall be paid to the Seller by such resale and enforcement of the obligation there under. Buyer agrees to pay any and all charges and expenses incurred by reason of any breach of the Terms and Conditions of Sale, including without limitation reasonable attorney's fees. PLEASE NOTE: You have signed a written binding contract agreeing to the Terms and Conditions of Sale, and understand that any bid you make falls under the Maine Auction Law, Title II, Section 2-328 of the Uniform Commercial Code, and the Statute of Frauds. Maine auctions are under the jurisdiction of the State of Maine Department of Professional and Financial Regulations, Board of Licensure of Auctioneers, 35 State House Station, Augusta, Maine, 04330. If you do not agree with the Terms and Conditions of the Sale, please do not bid.