Secured Party's Sale By: PUBLIC TIMED ONLINE AUCTION 10-212 CAFE & COFFEE HOUSE EQUIPMENT - REFRIGERATION - WALK-INS - TABLES & CHAIRS RE: WILLY BEANS ONLINE BIDDING STARTS: TUES, AUGUST 3, 2010, at 9AM ONLINE BIDDING ENDS: TUES, AUGUST 17, 2010, at 1PM (BUSINESS CLOSED) TERMS: Personal or Company Check, Wire Transfer, Visa/Mastercard. 15% Buyer’s Premium. 2% Discount for Cash or Certified Funds. Payment must be received at auctioneer's office on or before Wednesday, August 17, 2010 and prior to removal. Office Address: 1 Runway Rd. So. Portland, ME 04106. 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: Purchasers are responsible for their own shipping arrangements. Removal is day of sale until 4pm and Wednesday, August 18th from 8am to 12pm. All Items must be removed by 12pm on August 18th. DISCONNECTS: Purchaser is responsible for disconnecting any electrical, water, gas, fire protection systems, remote refrigeration lines and removal of refrigerants for items purchased. These disconnects are to be performed within the guidelines of industry-accepted standards and are to be performed by a qualified person. Any recovery process for refrigerants will be conducted in observance of current guidelines, statues, laws, and policies of the federal, state, and local agencies and/or other governing parties. 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 seller. 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.