AUCTION – CCAM Enterprises, LLC. – Classic Cabinets – July 9, 2013 TERMS AND CONDITIONS PLEASE READ – ALL AUCTIONS ARE DIFFERENT 1. This is a Public Auction. Prospective bidders must agree to these terms and present a valid driver’s license or acceptable photo I.D. to obtain a bidder card. 2. Payment accepted by Cash, Cashier’s Check, Check with bank letter of guarantee, VISA, MC or Discover credit cards or wire transfer with 25% down payment on auction day. Company or personal checks must be accompanied by a Bank Letter of Guarantee made out to Jones Swenson Auction Marketing only. Here is an example of how your letter must read: Mr. /Mrs. “Customer Name” is a customer of this bank. This bank will guarantee unqualified payment to Jones Swenson Auction Marketing on account #______ up to the amount of $_______. This bank will not allow stop payment on this check. This letter is good until August 9, 2013”. Customers using a credit card will be charged a 2.5% convenience fee on all purchases. No purchases will be moved until paid for in full. 3. Buyer’s Premium: A 10% Buyers’ Premium will be added to each item purchased on site and a 13% Buyers’ Premium will be added to each item purchased via online bidding through Proxibid. 4. Sales tax will be charged unless the buyer has a Utah Sales Tax License Number or if the equipment is being shipped out of state via commercial shipper. Bidders should present their resale information at the time of registration. Purchases being shipped out of the state for resale will require the Utah form TC721NR which will be available from the Auction Company. 5. Removal: Purchases may be removed on July 9, 2013 (Auction day) thru July 12, 2013 between 8am and 4pm local time. After July 12, removal will be by appointment. Call Jeff Bobo (801-927-7398) to schedule removal time. All purchases must be removed no later than July 22, 2013 at 4pm local time. After July 22, 2013 buyer will incur a cost of $500 daily for entry into the facility. Removal time each day will be by appointment and will be from 8am until 4 pm local time. Buyers assume all responsibility for handling, removal & transportation of purchases. A list of approved riggers is available from United Country-Jones Swenson Auction Marketing and Asset Control Services, LLC. Liability insurance in the amount of $1,000,000.00 will be required by anyone operating a forklift or similar equipment on the auction site. United Country-Jones Swenson Auction Marketing and Asset Control Services, LLC do not provide loading, packing or shipping services. Seller, United Country-Jones Swenson Auction Marketing and Asset Control Services, LLC shall not be responsible for goods not removed within the time allowed, but shall have the option to remove and store at the expense and risk of the purchaser any items purchased, but not paid for and/or removed within the time provided. Small carry-out items (tools, machine parts & accessories, office machines, etc.) are to be removed by July 11, 2013 at 4pm local time. United Country-Jones Swenson Auction Marketing, Asset Control Services, LLC and Seller assume no responsibility for small carry-out items left on premises after that time. 6. Contract Movers/Riggers: If purchaser wishes to hire or contract with a machinery mover, rigger or other type of outside contractor, United Country-Jones Swenson Auction Marketing, Asset Control Services, LLC and Seller WILL NOT ALLOW them to work on these sale premises unless they have placed with the United Country-Jones Swenson Auction Marketing and Asset Control Services, LLC $1,000,000.00 General Liability Insurance protecting the United Country-Jones Swenson Auction Marketing, Asset Control Services, LLC and Seller against any or all claims arising from personal injury and/or property damage created by their actions. This requirement is for the Seller’s, United Country-Jones Swenson Auction Marketing’s and Asset Control Services, LLC’s protection - NOT FOR PURCHASER’S, therefore United Country-Jones Swenson Auction Marketing and Asset Control Services, LLC suggests that the purchaser review the insurance policies of the machinery mover regarding the coverage that they have protecting the purchaser and damage or loss of the equipment they may be moving for the purchaser. Any purchaser who brings their own motorized or powered equipment on the premises to dismantle or remove equipment must provide the United Country-Jones Swenson Auction Marketing and Asset Control Services, LLC with PROPER INSURANCE as stated above. 7. Condition of Articles Sold: All items in the sale are being sold, “as is, where is” without warranties or guarantees of any type and with all faults. UNITED COUNTRY – JONES SWENSON AUCTION MARKETING, ASSET CONTROL SERVICES, LLC, AND SELLER EXPRESSLY DISCLAIM AND EXCLUDE THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Bidders should rely solely on their own inspection of all items prior to the sale. Any error in description made by the United Country-Jones Swenson Auction Marketing, Asset Control Services, LLC or Seller does not relieve the buyer or his agent of their responsibilities. 8. Dispute Between Bidders: Any dispute among bidders will be settled by the United Country-Jones Swenson Auction Marketing and Asset Control Services, LLC at their sole discretion, and their decision and remedy will be deemed final. Any deletions or additions to the sale will be announced by the United Country-Jones Swenson Auction Marketing and Asset Control Services, LLC, either before or during the sale. 9. Safety Devices: Items purchased may not incorporate approved activating mechanisms, operating safety devices or safety guards, as required by OSHA or otherwise. It is purchasers responsibility that items purchased be so equipped and safeguarded to meet OSHA and any other requirements before placing such articles into operation. 10. Indemnification: Purchaser agrees to indemnify and hold Seller, United Country-Jones Swenson Auction Marketing and Asset Control Services, LLC harmless from and against all claims and liabilities relating to the condition or use of the items 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 items, including OSHA requirements, or for proximate or consequential damages, costs or legal expenses arising therefrom. 11. Risk to Person and Property: Persons attending during exhibition, sale or removal of goods assume all risks of damage of or loss to person and property and specifically release United Country-Jones Swenson Auction Marketing, Asset Control Services, LLC and Seller from liability therefore, neither United Country-Jones Swenson Auction Marketing, Asset Control Services, LLC nor Seller shall be liable by reason of any defect in or condition of the premises on which the sale is held. 12. Online Bidding: United Country-Jones Swenson Auction Marketing, Asset Control Services, LLC and Seller are not responsible for any difficulties that may arise with online bidding and/or a bidder’s inability to submit a bid online in a timely fashion. 13. Announcements on sale day supersede any and all previously released information including all oral or printed matter regardless of the medium. 14. All buyers must acknowledge and accept by signature the Terms and Conditions provided at the time of registration. Any questions regarding Terms and Conditions should be directed to email: info@jonesswenson.com or call (512)261-3838. Watch our website for up-to-the-minute auction information. W. Scott Swenson, CAI, GPPA Mike Jones, CAI, GPPA, BAS Dallas Office: (972)387-1110 Austin Office: (512)261-3838 www.JonesSwenson.com Proud Members of the Texas & National Auctioneer Associations This sale is being held in conjunction with: Asset Control Services, Inc. 6956 Phillips Parkway Drive S Jacksonville, FL 32256