NOTICE: All Bidders of this auction agree that they have read and fully understand these terms and agree to be bound thereby. 1. METHOD OF SALE: All assets are being offered for sale as an entirety as well as in piecemeal lots. The entirety bidding will close one hour prior to the piecemeal bidding. The Auction Company will compare the entirety bid against all of the piecemeal bids. The method, or combination of methods, which best serves the interest of the seller, will be the manner in which the assets will be considered sold. This determination will be made shortly after the closing of the bidding. 2. REGISTRATION: Buyers must register prior to bidding at this auction sale. All bidders must provide name, company name (if applicable), mailing address, telephone number and email address. A valid credit card is required; we accept Visa, MasterCard and Discover. By registering you represent and warrant that any and all Buyer information is correct. Auction Company reserves the right to deny any registered bidder at any time at its sole discretion without notification. 3. INSPECTION: Bidders may inspect the equipment and are urged to do so on Wednesday, November 23, 2016 from 9:00 AM to 4:00 PM. 4. INVOICES: Bidders will be sent an electronic invoice to the email address provided during registration. Invoices can be faxed upon request. 5. PAYMENT: Auction Company must receive all payments by 4:00 PM on Tuesday, November 29, 2016. If payment is not received by the time specified your credit card on file will be charged. Payments may be made by cashier’s checks or money order drawn to the order of Wm. F. Comly & Son, Inc. Company checks will only be accepted when accompanied by a valid bank letter of guarantee payment stating that: MR./MRS.___________ (Specify Name) IS A CUSTOMER OF OUR BANK, AND WE WILL GUARANTEE PAYMENT OF CHECKS WRITTEN ON HIS/HER ACCOUNT UP TO $__________________ (Specify Amount) FOR PURCHASES MADE AT YOUR AUCTION ON MONDAY, NOVEMBER 28, 2016. Visa, MasterCard & Discover will be accepted for payment or bank wire transfer to the account of Wm. F. Comly & Son, Inc. Please call auction office for further instructions or to authorize a credit card payment. Bills may be paid for on the premises (no cash payments) or at the office of the Auctioneer, WM. F. COMLY & SON, INC. 1825 E. Boston Street, Philadelphia, PA 19125. 6. TIME OF REMOVAL: No goods will be released to the purchaser until the entire bill is paid for in full. Removal will be on Tuesday, November 29 and Wednesday, November 30, 2016. Hours of removal are from 9:00 AM to 4:00 PM. All items must be removed by 4:00 PM on Wednesday, November 30, 2016. Lot # 3 (Toyota LPG Forklift) & Lot #127 (Pallet Jack) must remain at the auction site until 2:00 PM, Wednesday, November 30). Lot # 2 (Dodge Van) must remain on the premises until title is received. Seller Applied for Duplicate Title. Title Expected within 30 days. 7. MANNER OF REMOVAL: Buyers must remove the merchandise from the premises at their own risk, expense and liability. Auction Company is not responsible for items that are not removed within the time specified and has the option of dumping, storing or re-selling any item purchased at the expense and risk of the Buyer. 8. NON-PAYMENT: Failure to pay invoices in full within the time herein specified, the Auction Company may charge the purchasers credit card that was used at time of registration for any unpaid balance on an invoice plus a 16% buyer's premium. The Auction Company, in addition to all other remedies allowed by law, may subject the Buyer to pay as liquidated damages the full amount of difference between original invoice price and the re-sold price plus any expenses incurred to re-market or re-sell the assets. 9. NON-DELIVERY RESPONSIBILITY: All purchases made are at the Buyer’s risk. The Auction Company shall not be responsible if all or any part of such purchases be lost, stolen, damaged or destroyed from any cause whatsoever. The Auction Company shall not, in any event, be liable for non-delivery, or for any other matter or thing, to any Buyer of any lot, other than the return of the deposit or sum paid on said lot, should the Buyer be entitled to it. 10. CONDITION OF ITEMS SOLD: Auction Company is not responsible for the correct description, authenticity, genuineness of, or defect in any lot and makes no warranty in connection therewith. No allowance will be made or sale set aside on account of any incorrectness, error in cataloging or any imperfection not noted. No deduction will be allowed on damaged articles as all goods are exposed for public exhibition and are sold "AS IS" and without recourse. It is for this reason that all Buyers should avail themselves of the opportunity to make inspection prior to sale. 11. CLAIMS: Auction Company will not be responsible for any missed bids from any source. Under no circumstances shall Bidder have any kind of claim against Auction Company or anyone else if the internet service fails to work correctly during the online auction. Additionally, no claims or allowances of any sort will be allowed once the assets have been removed from the premises. 12. PERSONAL & PROPERTY RISK: Persons attending during exhibition or removal of goods assume all risks of damage of or loss to person and property, and specifically indemnify and hold harmless Auction Company and Seller from any and all damages, claims or liabilities from injuries to persons or property of any type whatsoever. Neither the Auction Company nor his principal shall be held liable by reason of any defect in or condition of the premises on which the sale is held. 13. INDEMNIFICATION: Buyer agrees to indemnify and hold harmless Auction Company and Seller from and against all claims and liabilities relating to the condition or use of the articles purchased or failure of user to follow instructions, warnings or recommendations of the manufacturer, or to comply with federal, state and local laws applicable to such articles or for proximate or consequential damages, costs or legal expenses arising there from. 14. AGENCY: The Auctioneer is acting as agent only and is not responsible for acts of its principals. 15. BUYER’S PREMIUM: A 16% Buyer’s Premium will be added to all purchases. If your entire bill is paid by cashier’s check or wire transfer the buyer’s premium will be reduced to 13%. 16. SALES TAX: Buyer shall pay applicable sales or use taxes imposed by taxing authorities unless Buyer presents a resale certificate exempting the Buyer and Auction Company from the payment of any such sales and use taxes. 17. RIGGING: Removal and rigging to be at buyer’s own expense, risk and liability. A certificate of insurance for $1,000,000.00 naming Wm. F. Comly & Son, Inc. and Seller as additional insured entities must be presented to the Auction Company for all heavy rigging requiring the use of forklifts, cranes, etc., whether performed by the customer or a rigging company. The auctioneer has the right to reduce or eliminate these requirements at his sole discretion. COMLY AUCTIONEERS & APPRAISERS THANKS YOU FOR YOUR PARTICIPATION All property is sold as is, and ALL SALES ARE FINAL. Property is open to thorough public inspection. It is the Bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor. Wm. F. Comly & Son, Inc. may attempt to describe the merchandise in advertising, on the Internet and at the auction but makes no representations. In no event shall Wm. F. Comly & Son, Inc. be held responsible for any errors or omissions in the description of the assets of for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value. Bidder agrees that the assets are sold “as-is”. Wm. F. Comly & Son, Inc. is providing Internet bidding as a service to Bidder. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall Bidder have any kind of claim against Wm. F. Comly & Son, Inc. or anyone else if the Internet service fails to work correctly before or during the auction. Wm. F. Comly & Son, Inc. will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should use the proxy-bidding feature and leave their maximum bid 24 hours before the auction ends. Wm. F. Comly & Son, Inc. reserves the right to withdraw or re-catalog items in this auction.