All Sales are final. All Items are Sold AS IS / Where IS!!! *** All Purchases MUST be Removed from the Property by 12/29/2021 NO EXCEPTIONS *** 1. THE UNDERSIGNED (BUYER) ACKNOWLEDGES THAT S/HE/IT HAS CONDUCTED A THOROUGH INSPECTION OF THE ITEMS BEING PURCHASED. ALL ITEMS ARE SOLD IN AN AS-IS, WHERE-IS, AND AS INSPECTED, CONDITION WITH ANY AND ALL FAULTS. WHILE DESCRIPTION IN PRINTED MATERIALS ARE BELIEVED TO BE CORRECT, THE SELLER MAKES NO WARRANTIES OR GUARANTEES, EXPRESSED OR IMPLIED, AS TO THE GENUINENESS, AUTHENTICITY OR MERCHANTABILITY OF, OR DEFECT IN ANY ITEM, AND WILL NOT BE HELD RESPONSIBLE FOR ANY DISCREPANCIES OR INACCURACIES. ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ((WITHOUT LIMITATION) AS TO THE MERCHANTABILITY OF ANY ITEM OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY DISCLAIMED. NO WARRANTIES ARE MADE AS TO THE MERCHANTABILITY OF ANY ITEM OR THEIR FITNESS FOR ANY PURPOSE. 2. INFORMATION CONTAINED IN LISTING(S) IS SUBJECT TO BUYER VERIFICATION AND INSPECTION. EVERY EFFORT IS MADE TO ENSURE THE DESCRIPTION AND PHOTOS MATCH. YOU ARE BIDDING ON THE ITEM DESCRIBED, AND NOT PHOTO. NO ASSUMPTIONS SHOULD BE MADE ON PHOTOS. THE SELLER, SELLERS AGENTS AND/OR REPRESENTATIVES, The Right Auction, IT'S AFFILIATES, REPRESENTATIVES AND/OR AGENTS, ARE ALL HELD HARMLESS AGAINST ANY/AND ALL CLAIMS AND HAVE NO LIABILITY FOR ITS ACCURACY, ERRORS, OR OMISSIONS; IN ADDITION TO ANY ISSUES THAT MAY RESULT DUE TO THE AUCTION SITE AND ANY ISSUES THAT MAY ARISE DUE TO MALFUNCTION(S) OR INTERNET ISSUES AT ANY POINT DURING THE PROCESS. 3. Payment must be made on the day of purchase. Payment may be made by Visa, MasterCard, American Express, or Discover if accepted at the location. When paying by credit card, Buyer is waiving any/all rights to initiate a credit card chargeback against the transaction. Limit on Credit Card Payments is $2,000.00 USD. For invoice payments over $2,000, your Credit Card WILL NOT be charged. Invoice payments in excess of $2,000.00 will require a wire or ACH payment. 4. Florida Tax of 7% will be applied to all purchases. To be considered for Exempt Status, you must present a NEW – Florida Tax Exempt form prior to the Auction Close 5. Ownership title passes upon payment of the purchase price, and thereafter the property is at the risk of the Buyer, and the Seller shall not be responsible for the loss or damage to any article due to theft, fire, breakage, or any cause whatsoever, however occasioned. 6. Removal shall be at the sole expense, liability and risk of the Buyer. Buyer is responsible for providing all labor, material and equipment to properly execute removal; to the extent required by applicable law. Buyer shall use licensed persons to perform all aspects of the removal (including (without limitation) licensed contractors, electricians, riggers, and plumbers). Buyer is solely responsible to provide any personal, equipment or material needed to pick up and/or remove purchases and shall assume all responsibility for the removal of any item of property purchased at the sale and any and all risks associated with such removal including, without limitation, the responsibility for providing licensed and bonded professionals to ensure proper water, gas and/or power disconnection, and full financial responsibility for any damage or liability to persons or property resulting from any act or omission of Buyer or any Buyers employees, agents, independent contractors, and/or representatives during pick-up and/or removal. Buyer agrees that in the event purchased items contains any environmental hazards, toxic waste or other type of hazardous material or substance (collectively, HAZMAT) in any form whatsoever, Buyer shall provide evidence that buyer or its employees, agents, independent contractors, and/or representatives are licensed for the removal of items and shall comply with all applicable local, state and federal status, ruled, laws, ordinances, codes, and regulations. Neither Seller, its agents nor its representatives shall have any responsibility for HAZMAT or containment, storage or removal thereof. 7. Buyer must remove all purchased items and all parts of purchased items. There is no right of abandonment. Buyer subject to any expenses associated with the removal of any items not removed. 8. Seller shall not be responsible for non-delivery to any Buyer of any item purchased, other than refund the deposit or sum paid on any item due to Seller error. The liability of The Right Auction and Seller is limited to the refund of the bidder's purchase price. 9. The Seller reserves the right to withdraw any listed item from the sale, to sell items that are not listed, to group one or more items into one, to subdivide items and to sell any/all items in bulk. 10. In the event the Buyer fails to comply with any of the terms and conditions of the sale, the Seller may sue buyer for damages. Buyer agrees to pay any and all charges and expenses incurred by reason of any breach of the terms and conditions of this sale, including, without limitation, reasonable attorney fees. Any items remaining at the removal site after the allotted removal period, or date expressed by the seller's agent, will be considered abandoned by the Buyer, all rights to items will be forfeited, all monies will be retained by Seller, and the items will be re-sold or otherwise disposed of immediately at Seller's discretion. Buyer will lose any and all right, title or interest Buyer may have acquired and the items shall revert to and re-vest in the Seller without further notice to Buyer. 11. These written terms and conditions of sale supersede any other terms and conditions, either written or verbal and cannot be modified. 12. Buyer hereby agrees to and shall indemnify, defend and hold Seller, its subsidiaries and affiliated companies, and their respective directors, officers, representative, independent contractors, and employees, harmless from any third party liability (including reasonable attorneys fees and court costs) occurring or arising by reason of or relating to Buyer's or its subsidiaries and affiliated companies, or their respective directors, officers, representatives, independent contractors, or employees (i) breach of these terms and conditions, (ii) damage to persons or property at the location(s) of the items purchases, or (iii) negligent, willful or unlawful acts or omissions. 12a.All buyers must obtain a Certificate of Insurance (COI) before they will be allowed to remove any items from the store. The Certificate of Insurance requirements can be found in the Payment Instructions above. It is each buyers responsibility to provide this proof of Insurance to the On-Site Supervisor. 12b.All items are taxed at 7%. To be considered for Tax Exempt Status, you must present a NEW - Florida Tax Exempt form prior to the Auction Close. Present to: The Right Auction 13. Recovery Asset Liquidators, LLC RESERVES THE RIGHT TO ADD, REMOVE, ADJUST AUCTION CATALOG, SPLIT/COMBINE LOTS, ADD/EDIT RESERVES/MINIMUMS, CANCEL, SUSPEND, EXTEND OR RESCHEDULE ITEMS FOR AUCTION; IN ADDITION TO CHANGING AUCTION CLOSING, PREVIEW, OR REMOVAL DATES. 14. AUCTION IS OF STORE FIXTURES & EQUIPMENT ONLY. MERCHANDISE, WEATHER SHOWN IN PHOTOS OR NOT, IS NOT INCLUDED. ***ALL BUYERS MUST AGREE AND ADHERE TO THE FOLLOWING *** * Obtain certificates of insurance naming CE Restaurants & The Right Auction as additional insured at levels required by CE Restaurants from all parties removing equipment. Supply Certificate of Insurance for 2 million, before any Gondola / Refrigeration / Mechanical / Electrical / Equipment is dismantled. * Will not remove equipment or anything that is considered part of the building or belonging to the landlord. * Responsible for inside and outside store lighting, fire and burglar alarms to remain fully functional to the building during and after equipment removal. Fire & Sprinkler systems can only be put on test 8 hours at a time. * Leave all air conditioning, gas and plumbing fixtures intact and in their present operating condition. All plumbing and gas lines need to be capped. * Leave all doors including traffic impact swing doors, automatic doors, hollow metal roll-up or overheard doors in their present operating condition. * Leave all fire and burglar alarm systems in their present operating condition. * Leave all compactor doors and chutes securely in place Seal any holes to building with a waterproof calking from removal of the compactor Responsible for any damage to building during removal of Compactor Repair any damages to building immediately and be approved by The Right Auction. * Leave all electrical lines from removed equipment capped inside a covered junction box. If Junction box is not present, a covered junction box is to be installed. No taped wires will be left exposed Each floor junction box to be spray painted with red or orange paint, to identify a tripping hazard Do no spray floor tiles * Must use a licensed Electrician for any disconnects * Cut all floor bolts flush at floor level * Repair any damage (ordinary wear and tear excepted) caused by Buyer to the Location from the removal of the FF&E, which repair obligation includes filling holes in wallboard upon removal of fasteners; provided, however, that, for the avoidance of doubt, the foregoing repair obligation does not include the obligation to repair any pre-existing damage that is discovered during the Term as a result of the FF&E resale / disposition / removal process contemplated by this SOW or damage caused by the Company or non- The Right Auction Parties. * Remove all interior and exterior debris caused by the removal of equipment. * Provide all labor, materials and equipment to dismantle equipment. * Provide necessary dumpsters at their cost. * Dispose any Hazmat Materials (lights, bulbs, ballasts, etc...) from purchased equipment at Buyer's expense. * Brace to the closest wall / ceiling any fire strobes attached to purchased equipment. * Keep all working areas in broom swept condition. ***BUYER MAY BE ASKED TO SIGN A SOW THAT ATTESTS TO THEIR ACCEPTANCE OF THESE TERMS *** **QUESTIONS, Contact: The Right Auction @ 561-570-8899 / 561-847-4462** THE BUYER FORFEITS ITEMS THAT ARE NOT REMOVED WITHIN THIS TIME FRAME AND ANY PAYMENTS RECEIVED BY The Right Auction *WE WILL NEED A REPLY TO THIS EMAIL NO LATER THAN December 29nd, 2021 @ 10:30am Eastern IF YOU NEED A QUOTE TO PREPARE YOUR ITEMS FOR SHIPPING WE WILL BE BRINGING THE ITEMS BACK TO OUR LOMIRA WAREHOUSE TO PREPARE THEM HERE PROPERLY AND TO GIVE YOU MORE TIME TO GET YOUR CARRIER IN. WE DO CHARGE A FEE FOR THIS*** Please note that The Right Auction does not ship any items, but we can prepare your items for a fee. There is no guarantee that we can do this for every auction so please follow the steps below to ensure we can do so for this auction. 1. Please reply to this email saying you need a quote for this invoice to prepare your items. 2. The Right Auction will respond back to this email with a cost of how much it will cost us to do that for you. 3. You will reply that you accept that quote or deny that quote. 4. If you accept the quote that we give to you, we will ask if we can charge your card on file or if there is another card you would like to put it on. Once you accept that quote that is when The Right Auction will reply in this email with all the specifics that you will need to give to your carrier to come and pick up your items. 5. Just a reminder that this is a quick process because we need to get this done in the removal dates and times listed above. Also, The Right Auction is not responsible for any damage that is done in transit and if you cannot get your carrier in on time to pick up your items. We load on a first come first serve basis. 6. If you accept this quote you are accepting per our terms and condition listed on our website and on Proxibid.com under this specific auction. 7. If you need something just boxed, we recommend calling the nearest UPS Store or U-Ship.com. They are not affiliated with The Right Auction as this is for reference only and you can use whomever you need to. You can request to see if The Right Auction can box your items, but this is not always guaranteed. 8. You will need to respond to this email no later than December 29nd, 2021 @ 10:30am eastern. Sorry, but after this date and time we cannot guarantee we can do this service