Please feel free to call us if you have any questions or concerns about the terms of sale. Our office number is (954) 252-2887. Exclusively for the personal property of BlueChip Power, LLC formerly known as BlueChip Energy, LLC, Advanced Solar Photonics, LLC (ASP) and related entities Receivership case no.: 6:13-cv-00657-JA-KRS By bidding in our auction, you agree to abide by all associated auctions terms and conditions. 18% Buyers Premium will be added to the final invoice total. 1. A refundable cash deposit of $100.00 and a valid driver’s license is required at the time of registration, in order to participate in the auction. This deposit is refundable if the bidder is not successful in winning any of the items he/she bid on. Depending on the bidders balance during the sale, Moecker Auctions may request for additional deposits. 2. This Auction is ordered by the Appointed Receiver, Michael Moecker. 3. Inspection period is prior to the auction commencing. 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 of items appearing in advertising prior to this auction are believed to be correct. Nevertheless, neither those descriptions 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. Security personnel are present. Any person caught tampering with tags will be removed from the premises and be prosecuted to the full extent of the law. 4. ALL SALES ARE AS IS, WHERE IS, with no warranty expressed or implied and is subject to higher and better offers and/or subject to Receiver and/or court approval. In the event that the auction is rejected in any manner, deposits will be refunded within 72 business hours after the termination of the auction. 5. 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. The buyer will not and cannot cancel a bid placed after the Auctioneer has confirmed the bid. 6. Balance and full payment is due prior to removal of any merchandise. We accept only cash, cashier’s check, or wire transfer payable to MOECKER AUCTIONS TRUST ACCOUNT. We will be accepting credit cards at this sale up to $2,500.00 (3% convenience fee will be added). Net amount of wire must equal total of invoice. A letter of guarantee must accompany a company check from your bank. Balance and full payment is due by Wednesday, July 17th by 12:00 pm, or you forfeit your deposit. No exceptions will be made. 7. Local sales tax of 6% will be added to the purchase of all taxable items. 8. Dealers who purchase for resale must provide a copy or fax their 2013 signed resale certificate to (954) 252-2791, please reference your bidder/paddle number. No exceptions will be made. 9. Removal/checkout: It is the buyer’s responsibility to pick up or arrange to have your items picked up by the allotted time and must supply their own handling equipment, trucking and personnel. a) Removal time for the machinery and equipment in the building will begin on July 17th to July 25th from 9-5PM (excluding weekends). REMOVAL OF HARD WIRED MACHINERY MUST BE PERFORMED BY A QUALIFIED, LICENSED AND INSURED CONTRACTOR. (Proof of insurance MUST be provided before any removal can be preformed). b) Removal time for the solar farm will begin on July 17th. Deadline for removal will be September 20th by 3PM. Hours for removal will be 9-5PM (excluding weekends). After July 25th, removal will be by appointment only. REMOVAL MUST BE PERFORMED BY A QUALIFIED, LICENSED AND INSURED CONTRACTOR. (Proof of liability insurance MUST be provided before any removal can be preformed). 10. Removal shall be at the expense, risk, and liability of the purchaser. The buyer must repair/replace any damage that occurs during removal. It is the buyer’s responsibility to secure all safety equipment to meet all applicable government safety standards in removing items purchased. Auctioneer shall not be responsible for items not removed within the time allowed. Purchaser shall be liable for any moving and/or storage costs, disposal fees as well as any legal and/or court costs associated with enforcement of the obligation pertaining to items not removed within the specified time period. Moecker Auctions does not offer packaging and shipping although we will supply 3rd party riggers, packers, shippers upon request. 11. Additional/Withdrawal of lot(s): The Receiver 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 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. 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. 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. 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. 18. A bid is a legal & binding contract. It is a promise to pay for goods purchased. 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. Recommended rigger: Pedowitz Machinery Movers 1550 NW 24th Avenue Pompano Beach, FL 33069 Ask for Scott Pedowitz O: 954-973-9737 F: 954-973-9739 Scott@Pedowitz.com