Beach Music Clothing Company, LLC. d/b/a Katherine Way Assignment for the Benefit of Creditors Case No. 16-2019-CA-006723 *****PLEASE READ CAREFULLY****** 1. Registration: $100.00 refundable c/c deposit and account validation are required in order to participate in the auction. Additional deposit amount will be based upon cumulative purchases and may change throughout the auction. The deposit will be charged day of auction The bidder deposit will be forfeited in the event a purchaser fails to pay for the entire purchase within the time set forth by the Auctioneer. If the credit card is declined, your bidding privileges will be put on hold until the issue is cured. Registering to bid with Moecker Auctions Inc. will include you in Moecker Auction’s customer list. If you do not wish to be included you may opt-out by notifying us. We do not share the information collected with third parties. 2. Buyer’s Premium: 15% Buyer’s Premium (BP) will apply to all lots sold plus local sales tax if applicable. 3. Inspection: Inspection period is prior to the auction commencing; By appointment only (please call (407) 617-4253 to schedule a visit). 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. For demonstration purposes, various items may be shown joined however not necessarily part of the lot. 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 description. 4. Condition: ALL SALES ARE AS IS, WHERE IS with no warranty expressed or implied, subject to higher and better offers and Assignee approval. Sale shall be free and clear of liens or encumbrances unless otherwise notified. No refunds or exchanges are allowed on any winning bids. This auction is NOT an absolute sale. In the event that the auction or lots are rejected in any manner, deposits will be refunded within 72 business hours after the termination of the auction. 5. Title transfer: Upon the fall of the Auctioneer’s hammer, 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 and/or will be removed from the premises. 6. Competing Bid: The Auctioneer may accept bids from other sources which include: bids from an in-house audience, telephone bids, absentee bids (left bids, proxy bids), on-line bids and 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. In order to be considered for off-site bidding in any manner, Bidders must comply with all of the conditions of sale and the terms. 7. Payments: Full payment is due no later than Wednesday, October 30th by noon. Moecker Auctions accepts Visa, MasterCard, Discover Card credit or debit cards as payment for invoice up to $500 (AMEX not accepted). Payments over $500 MUST be paid via CASH, CERTIFIED FUNDS or WIRE. Net amount of wire must equal total of invoice. We no longer accept Company Checks. 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. For on-line buyers: The credit card provided for online registration will be charged (for purchases $500 or less PLUS a 3% convenience fee) immediately after invoices have been generated. ALL SALES ARE FINAL. 8. Sales Tax: Local sales tax of 7% will be added to the purchase of all taxable items. 9. Dealers who purchase for resale must provide a copy or fax their 2019 resale certificate to (954) 252-2791, please reference your bidder/paddle number. No exceptions will be made. 10. REMOVAL/CHECKOUT: It is the buyer’s responsibility to pick up or arrange to have items picked up by the allotted time and must supply their own handling equipment, trucking and personnel. Removal dates and time: 10/30 and 10/31 from 9 AM to 4 PM. ALL ITEMS MUST BE REMOVED BY OCTOBER 31st BY 4 PM. Items that are not removed by the allotted time will be subject to $25.00 per lot storage fee per day and/or may be considered abandon. 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. Bidders are responsible for their own removal. **ANYONE PICKING UP MERCHANDISE ON BIDDER’S BEHALF MUST PRESENT A COPY OF THE PAID INVOICE AT THE REGISTRATION DESK. MOVERS AND SHIPPING COMPANIES MUST PROVIDE A BILL OF SALE OR SHIPPING SLIP AT THE REGISTRATION DESK**. Please note: while we have designated checkout personnel, 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. 11. Additional/Withdrawal of lot(s): The Assignee or Auctioneer reserves the right to withdraw from sale any of the items listed in the catalog/brochure or to sell at auction items not listed. 12. 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. 13. 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. The seller and auctioneer shall have no liability to the buyer of any lot for non-delivery of any purchased item(s), other than the return of the buyers deposit or payment on the item. 14. 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. 15. 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). 16. 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. 17. Good Standing: All bidders must meet Auctioneer’s qualifications to bid. Any bidder who is not in good standing of 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. 18. A bid is a legal & binding contract. It is a promise to pay for goods purchased. This sale will be audio recorded for our protection as well as yours. The recording may be used to settle any dispute that may arise during and/or after the auction. ALL ANNOUNCEMENTS MADE ON AUCTION DAY SHALL TAKE PRECEDENCE OVER PREVIOUSLY DISTRIBUTED INFORMATION. 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.