Public Auction - Online & Onsite The Auctioneers do not warrant the accuracy, genuineness, authenticity, description, weight, or measure of any of the lots specified herein. 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. By bidding in our auction, you have read and agree to abide by all associated auctions terms and conditions below. 1. A $100.00 cash deposit and valid driver’s license are required in order to participate in the auction. Moecker Auctions reserves the right to request additional deposits throughout the auction event. 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. Buyers Premium: a 15% Buyer’s Premium (BP) for on-site buyers or 18% Buyer’s Premium (BP) for on-line buyers will apply to all lots sold, plus local sales tax if applicable. 3. Inspection: 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 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. Hard drives from lot(s) containing computers, laptops, copiers including other related equipment are either “wiped” or removed. For demonstration purposes various items may be shown joined. Please inspect the lot numbers and read the descriptions. If you have questions, ask before bidding. Security personnel are present. Any person caught tampering with tags or rearranging items 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, subject to higher and better offers and subject to Assignee/Court approval). All items are sold without licenses or other rights to software, unless specified in descriptions. Sale shall be free and clear of liens or encumbrances unless otherwise notified. No refunds or exchanges are allowed on any winning bids. Auction is not final until confirmation of sale. 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 whether online, in person, by mail, by phone, by facsimile or through an employee or agent. 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. You can follow the auction at: https://www.proxibid.com/asp/AuctionsByCompany.asp?ahid=3976 7. Payments: Full payment is due no later than Thursday, September 1st by noon. Moecker Auctions accepts Visa, MasterCard, Discover Card credit or debit cards as payment for invoice up to $5,000.00 or less (AMEX not accepted). Payments over $5,000 MUST be paid via CASH, CERTIFIED FUNDS, COMPANY CHECK or WIRE. Net amount of wire must equal total of invoice. Company Check: A letter of guarantee must accompany a company check from your bank. 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 on-line registration will be charged (for purchases $5,000 or less PLUS a 3% convenience fee) within 2 to 24 hours of conclusion of the auction. 8. Sales Tax: Local sales tax of 7% will be added to the purchase of all taxable items. Dealers who purchase for resale must provide a copy or fax their 2016 resale certificate to (954) 252-2791, please reference your bidder/paddle number. No exceptions will be made. 9. Removal/Checkout: Checkout will begin on Thursday, September 1st from 9AM to 4PM. Removal will continue on Friday, September 2nd from 9AM to 12PM (at Miami Guns Range location “auction site”). Items/lots pending pick-up after Friday, September 2nd by 12PM will be transported to the Moecker Auctions warehouse in Fort Lauderdale. Pick-up at our warehouse will be available on Tuesday, September 6th from 9AM to 4PM by appointment only. Last day for checkout is Tuesday, September 6th by 4PM. It is the buyer’s responsibility to pick up or arrange to have items picked up by the allotted. WE DO NOT PROVIDE ASSISTANCE, FORKLIFTS, HANDLING EQUIPMENT, PALLET JACKS, PACKING MATERIALS OR RELATED EQUIPMENT. THE BUYER MUST SUPPLY OWN HANDLING EQUIPMENT AND NECESSARY PERSONNEL TO REMOVE PURCHASED ITEMS. ALL FIREARMS PURCHASES MUST FIRST GO THRU THE STANDARD STATE BACKGROUND CHECK. ALL APPLICABLE GUN LAWS WILL BE OBSERVED. Firearm Terms: All firearms will be transferred by a Licensed Federal Firearms Dealer. There will be a transfer charge for this service payable to the FFL Dealer. Firearms will be released solely to the buyer listed on the invoice upon their conditions and check. ALL firearm purchasers must pass a background check. There shall be a mandatory 5-day minimum waiting period (excluding weekends) between the purchase and the delivery of any firearm. The waiting period shall not apply to a holder of a Florida concealed weapon permit (subject to local laws). All transfer fees including background check is a flat $40.00 per firearm (shipping costs will vary by location). Buyer must pick up firearm(s) purchased from the specified dealer below. Any firearm(s) that are to be shipped MUST be confirmed and shipped to a licensed firearms dealer in your area for pickup. Background check fees may vary by state. It is the buyer’s responsibility to provide the out-of-state FFL dealer information of your choice. All firearms are sold subject to applicable federal state and local laws. If the buyer is unable to take possession of the firearm, a 20% restocking fee will be assessed. (If you cannot pass the background check, please do not bid on firearms). FFL Dealer: Miami Guns & Range 2640 West 84th Street, Hialeah, Florida 33016. THE BUYER IS RESPONSIBLE FOR THE SHIPPING AND HANDLING COST. FIREARMS MUST BE SHIPPED EXPRESS MAIL. ALL OTHER ITEMS WILL BE SHIPPED GROUND. 10. Removal: 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. 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. The Auctioneer reserves the right to group one or more lots into one (1) lot or to subdivide into two or more selling lots. Whenever the best interest of the seller will be served, the auctioneer reserves the right to sell all of the items listed in bulk or negotiate price with the highest bidder. Important term to know: Times the Money - The price you bid will be ‘times the number of items’ in the lot. Example: Lot #72 has 10 chairs and the auctioneer says this lot is “times the money”. If you bid $6.00, then you are bidding $6 per chair. You would pay $6 X 10 = $60.00 (plus buyer’s premium and sales tax, as applicable). 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 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. 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.