*****PLEASE READ CAREFULLY****** By registering to participate in the auction, bidder expressly acknowledges that he/she has read and understands the terms and conditions of sale and agrees to be bound thereby. Call our office at (954) 252-2887 if you have any questions regarding our terms. Asphalt Preservation Systems, Inc. Assignment for the Benefit of Creditors Case No. 2021-CA-008752-O 1. REGISTRATION DEPOSIT: $100.00 REFUNDABLE CREDIT CARD or CERTIFIED FUNDS DEPOSIT and account validation is required to bid. Bidder’s information must be current, complete and accurate and must include full name, email address, phone number and mailing address. Must be 18+ years of age to participate. Additional deposits will be based upon cumulative purchases and may change throughout the auction. Moecker Auctions, Inc. has the right to charge the credit card on file on any 3rd party auction platform. If the credit card is declined, your bidding privileges will be put on hold until the issue is cured. 2. CUSTOMER DATA: Registering to bid with Moecker Auctions, Inc. will include you in Moecker Auction’s customer list and email newsletter database. If you do not wish to be included you may opt-out by notifying us in writing. We do not share the information collected with third party companies. 3. BUYER’S PREMIUM: 17% Buyer’s Premium (BP) will apply to all lots. 4. LOCAL SALES TAX: 7% sales tax will apply to all taxable lots. Dealers who purchase for resale must provide a copy or fax their 2021 resale certificate to (954) 252-2791, please reference your bidder/paddle number. No exceptions will be made. 5. INSPECTION/PREVIEW PERIOD: Inspection period is prior to the auction commencing. Inspection period is available on Wednesday, October 13th from 10 AM to 4 PM by appointment only. To schedule an appointment, simply click on the button “SCHEDULE AN INSPECTION” on our website and choose a time slot. Attendance will be limited. No walk-ins allowed. All bidders are urged to inspect the property prior to placing a bid. The failure to inspect the property shall not constitute cause for cancellation of sale. The descriptions and images of items appearing in advertising prior to this auction are believed to be correct. Nevertheless, neither those descriptions, images nor any oral statements made by the owner (or his agents or officers) or the Auctioneer (or his agents or officers) concerning any item shall be construed as a warranty, either expressed or implied. The bidder shall be the sole judge of value, condition, age, genuineness, authenticity, defectiveness, or any other determinative factor. Various items may be shown joined for demonstration purposes. Please inspect the lot numbers and read the descriptions. If you have questions, ask before bidding. Do not bid on items if you are uncertain of condition or what is being sold. Important term to know: Times the Money - The price you bid will be ‘times the number of items’ in the lot. Example: Lot #72 has 10 chairs and the auctioneer says this lot is ‘times the money. If you bid $6.00, you are bidding $6 per chair. You would pay $6 X 10 = $60.00 (plus buyer’s premium and sales tax, as applicable). 6. CONDITION: The sale of property is “AS IS, WHERE IS”, with no warranty expressed or implied, subject to higher/better offers and Assignee's approval. Sale shall be free and clear of liens or encumbrances unless otherwise notified. This is not an absolute auction; all high bids must be confirmed by the Assignee. No refunds or exchanges are allowed on any winning bids. In the event that the auction or lot(s) are rejected in any manner, deposits will be refunded within 72 business hours after the termination of the auction. 7. AUCTION BIDDING: Lots will begin to soft close on October 14th at 10 AM EST (lots will close at the rate of 1 to 2 lots per minute with additional time extension when bids are made in the last 60 seconds of lot closing). 8. ONLINE BIDDING: All bids must be submitted using the online bidding platform. Bidder is responsible to confirm their bids for accuracy. Bidders will receive outbid notifications via email up until the last day of the auction, after which time you must log in to the bidding site to confirm your bids. Moecker Auctions, Inc. is providing internet bidding as a service to the bidder using a 3rd party bidding platform (Proxibid.com). Under no circumstances shall bidder hold Moecker Auctions liable for system failures resulting in bids not being properly submitted. The auction uses staggered closing times and dynamic closing. Moecker Auctions reserves the right to add to, group, withdraw or re-catalog items in this auction, as well as adjust minimum bids, starting bids and/or reserve prices and extend or shorten closing times. 9. COMPETITIVE BIDDING: The Auctioneer may accept bids from other bidding platforms. Bidding by telephone, facsimile-transmission (fax-in), email, or absentee bidding are offered solely as a convenience and permitted subject to availability, and approval which shall be exercised at Moecker Auctions sole discretion. Neither Moecker Auctions nor its agents or employees shall be held liable for the failure to execute bids or for errors relating to any transmission or execution thereof. 10. TITLE TRANSFER: Upon the fall of the Auctioneer’s hammer/lots closing, title of the offered lot will pass to the highest bidder acknowledged by the Auctioneer, subject to the conditions set forth herein, and at such time buyer assumes full risk and responsibility for the lot, agrees to pay the bid amount, plus all fees applicable whether online, in person, by mail, by phone, by facsimile or through an employee or agent. Deposit(s) will not be refunded to purchaser of unpaid invoice(s). Bidder retractions or a change to bids after an item has been sold is prohibited. The Auctioneer reserves the right to reject any bid at any time at his sole discretion to protect the integrity of the auction. Any person who bids in bad faith or disrupts the auction may be restricted from bidding. 11. WINNING BIDDERS: Invoices will be emailed within 24 hours of auction ending. 12. PAYMENTS: Full payment is due no later than Friday, October 15th by 4 PM. All sales are final! No Returns, No Refunds, No Exchanges and No Charge-backs. Buyer may be assessed a $25 late charge for payments received after due date. 13. ACCEPTED FORMS OF PAYMENT: Moecker Auctions accepts Visa, MasterCard, Discover Card credit or debit cards as payment for invoice up to $500 or less (AMEX not accepted) PLUS a 3% convenience fee. Payments over $500 MUST be paid via CASH, CERTIFIED FUNDS, ZELLE or WIRE TRANSFER OF FUNDS. We do not accept Company Checks or Personal Checks. Net amount of wire must equal total of invoice. Information to complete an IRS 8300 form will be required to report payments of $10,000 or greater (made in cash or cash equivalent) as determined by the IRS. The credit card provided for online registration will be charged for purchases $500 or less immediately after invoices have been generated. Please note: processing times may vary up to 24 hours following invoicing. If you prefer to make a CASH, CERTIFIED FUNDS, ZELLE or WIRE TRANSFER OF FUNDS payment, you MUST contact the auction company via email erodriguez@moeckerauctions.com immediately after receiving an invoice. For cash payments: we ask that buyers please bring exact cash amount. Staff will not have change. For Zelle payments: please use the following primary account email address to initiate a payment: erodriguez@moeckerauctions.com. 14. PICK-UP/REMOVAL: It is the buyer’s responsibility to pick up or arrange to have items picked up by the designated scheduled time-frame and must supply their own handling equipment, trucking and personnel. Buyer is allowed 3 days for pick-up: 10/15, 10/18 and 10/19 from 10 AM to 5 PM by appointment only. ALL ITEMS MUST BE REMOVED BY OCTOBER 19th BY 4 PM. Items that are not removed by the allotted time will be subject to storage fees per lot, per day (at the Auctioneer’s discretion) and/or shall be deemed abandoned and buyer will lose any right, title or interest in which buyer may have acquired and the lots shall be repossessed to Moecker Auctions without further notice to buyer. Moecker Auctions may recommend carriers and packers as a convenience to purchasers, but assumes no responsibility for their actions. Buyer must contact shipper for estimates and to make shipping arrangements. Buyer is responsible for all shipping and handling costs. Removal is at the expense, risk and liability of the buyer. ANYONE PICKING UP MERCHANDISE ON BUYER’S BEHALF MUST PRESENT A COPY OF PAID INVOICE. MOVERS AND SHIPPING COMPANIES MUST PROVIDE A BILL OF SALE OR SHIPPING SLIP. Please note: while we have designated checkout personnel, neither Moecker Auctions staff, nor the Assignee will be responsible or held liable for replacing any lost, stolen, or missing items, or exchanged parts or equipment. 15. CLAIMS: In no event shall Moecker Auctions liability to buyer exceed the purchase price actually paid for an individual item or lot. A buyer’s claim shall be limited to the amount paid for the merchandise, and shall not extend to any obligation, risk, liability, right, claim, remedy for loss of use, revenue or profit, liability of buyer to any third party, personal injury, or any other direct, indirect, incidental or consequential damages. Buyer further acknowledges that each item it purchases at the sale represents a separate transaction, and that no one transaction shall be conditioned upon another transaction. Buyer hereby holds Moecker Auctions harmless from: (a.) the acts or omission of any party who provided any items to Moecker Auctions for sale, (b.) the acts or omission of the owner or seller of the auction site or the site where the auctioned items are stored, (c.) any claims buyer may have against Moecker Auctions, Auctioneer’s client(s) or any former owner of the property being sold, (d.) buyer’s failure in any way to properly inspect items and/or fulfill its obligations per the terms and conditions of the sale. In the event buyer provides a deposit or payment using a credit card, buyer acknowledges that it is purchasing under the AS-IS, WHERE-IS terms of the auction and that Buyer shall waive all rights of charge back based on any claims of misrepresentation, non-delivery or non-performance. Claims or adjustments will NOT be allowed after item/lot has been removed from the premises or after the posted removal date, whether or not the property has been removed. 16. PICK-UP/REMOVAL LOCATION: 1050 Oakway, Sanford, Florida 32772. 17. SAFETY PROTOCOL: Moecker Auctions, Inc. remains vigilant and actively working to ensure the safety of our employees and buyers. We recognize the importance to help mitigate the risk and to do our part in preventing the spread of COVID-19 by following the current state and federal regulations of minimizing social contact. In an effort to protect your health and maintain safety protocol, we request visitors to wear face coverings when visiting our site for your safety as well as ours. In addition, temperature checks will be administered and gloves will be provided upon request. We also respectfully require our visitors to formally schedule an appointment for inspection/preview and for removal of assets. Walk-ins will not be allowed. Moecker Auctions is consistently updating its strategies to best respond to the COVID-19 situation. We are closely monitoring the situation and are committed to making the information available to our customers to ensure the safety of everyone who is participating in our auctions. 18. RIGHT TO WITHDRAWAL/CANCELLATION: Moecker Auctions Inc. reserves the right to withdraw from sale any of the items listed in the catalog/brochure before, during, or after the auction without liability. In addition, Moecker Auctions reserves the right to cancel the sale at any time for any given reason. 19. DISPUTES: The Auctioneer shall designate the winning bidder after each item is auctioned. If a dispute arises between two or more bidders, the auctioneer reserves the right to re-open the bidding. The auctioneers’ designation of a buyer shall be final. 20. HOLD HARMLESS: Purchaser, purchaser’s agent(s) including hired moving companies, vehicle transport and/or riggers does hereby indemnify and hold harmless the auctioneer and seller from any and all damages, claims or liabilities from injuries to persons or property of any type whatsoever caused during the sale or by the removal of items purchased. 21. NON-DELIVERY RESPONSIBILITY: Moecker Auctions, Inc. and seller shall have no liability to the buyer of any lot for non-delivery of any purchased item(s). Auctioneer shall not, in any event, be liable for non-delivery of property, storage or removal fees or costs, lien satisfaction or for any other matter, to buyer of any lot, other than for the return to the buyer of the deposit or sum paid on said lot, should the buyer be entitled thereto. 22. UNPAID INVOICES: ZERO TOLERANCE POLICY FOR BUYERS WHO DO NOT PAY THEIR INVOICE WITHIN TIME ALLOWED. In the event the purchaser fails to pay for the entire purchase within the time set forth by the auctioneer and/or fails to comply with any of the conditions or terms of sale, the seller may retain and/or recover the deposit as part of its damages and, in addition thereto, items that are not paid for can be resold at public or private sale without further notice. Any deficiency resulting from such resale shall be due to the auctioneer by the defaulting purchaser together with all charges, fees, and expenses including reasonable attorney fees incurred by such resale and enforcement of the obligation hereunder. Unpaid invoices will be reported to Proxibid and bidding privileges will be revoked. 23. COLLUSION: Practices that eliminate competition, such as collusive bidding, (fictitious bidding during the auction for the purpose of misleading or stimulating other persons who are bidding in good faith) may warrant criminal, civil, or administrative action against the participant(s). 24. EXPORTATION: The buyer of any and all purchased equipment at this auction understands that if their intention is to export any equipment from this sale they will be responsible for confirming and following all of the US government’s guidelines pertaining to the legal exportation of any equipment to that country, the buyer will be referred to as the exporter. The exporter will be responsible for any export licensing, export declaration fees and preparation of any documents needed to ship overseas. Moecker Auctions is not be responsible for any item purchased that cannot be legally exported. 25. GOOD STANDING: All bidders must meet Auctioneer’s qualifications to bid. Any bidder who is not in good standing with Moecker Auctions, Inc. at any time prior to, during or even after the close of auction will be disqualified at Moecker Auction’s sole discretion and will not be awarded lots. Moecker Auctions, Inc. reserves the right to exclude any person to register at this auction and/or future auctions. 26. LEGAL AND BINDING: A bid is a legal and binding contract. It is a promise to pay for goods purchased. By registering to participate in the auction, bidder expressly acknowledges that he/she has read and understands the terms and conditions of sale and agrees to be bound thereby. Under no circumstances will any items be removed prior to the conclusion of the sale. Moecker Auctions has the right to make changes to the terms of sale without further notice.