Auctioneer: Joe Bradley Auctioneers (JBA) Location: The Works Pizza location; 5608 Mission Center Dr. San Diego Ca 92108 Preview Date & Times; Thursday Nov. 9th from 7:00am to 11:00am Auction Starts closing; Friday Nov. 10th Checkout Date & Times: Pickup and Removal Monday Nov. 13th 7:00am to 11:00am and 5:00pm to 9:00pm These are the only times given by Property Mgt. please pickup on time. SUBWAY EQUIP. at our warehouse 3465 Citrus St. Lemon Grove, Ca. 92154 Preview; Thursday Nov. 9th 10:00am to 4:00pm Removal Monday Nov. 13th from 10:00am to 4:00pm Internet Premium: 15% Sales Tax : 7.75% - Sales tax applied to invoice total, and Internet Premium. Participation Requirements: Valid Credit Card required for bidding approval Payment Options: Visa, M/C credit cards, Paypal. Cash, Payment Instructions: Credit card under $999.99 dls WILL BE CHARGED TO YOUR CREDIT CARD UNLESS YOU HAVE CONTACT IT US FOR OTHER ARRANGEMENTS. Purchases over $1000.00 must be paid with Cash or Paypal account. ALL INVOICES WILL BE CHARGED TO CREDIT CARD ON FILE UNLESS PRIOR ARRANGEMENTS HAVE BEEN MADE WITH US PRIOR TO END OF AUCTION. IF YOU DO NOT PAY FULLY FOR YOUR PURCHASES, DO NOT PICK UP ITEMS ON CHECK OUT DATES OR DO NOT PICK UP COMPLETE LOT YOU WILL LOOSE YOUR DEPOSIT GUARANTEE, YOU WILL FORFEIT YOUR ITEMS AND WE WILL REPORT YOU TO PROXIBID. Currency Type: USD Someone else is picking up? These are the requirements: Email at joe@joebradley.com as soon as you receive your invoice with your full name, paddle #, phone number & Name of person picking up your items. They MUST have a copy of your invoice with them when picking up. No exceptions. ALL THIS INFORMATION MUST ME GIVEN TO JBA AUCTIONS PRIOR TO PICK UP!! Shipping Instructions: ITEMS ARE FOR LOCAL PICKUP ONLY. *****WE DO NOT SHIP!!!*** Special Terms PLEASE READ ALL TERMS & CONDITIONS BEFORE BIDDING! All items will be sold at online auction only & sold 'as is, where is'! ALL sales are FINAL! NO warranties or guarantees are expressed or implied on any of the merchandise. By accepting a bidder number & bidding you are acknowledging that you are buying at your own risk! Invoices will be sent to winning bidders on or before the morning following the auction. A 15% buyer's premium will be added to the final bid price on all purchased lots. Invoices are to paid be immediately following the end of the auction per Payment Instructions. Specific questions concerning auction, please contact the warehouse 619-297-7653 prior to bidding! Local Pickup only. If you have bought a large or heavy piece, please bring help with you. If items are not picked up by the check out times listed in these terms and conditions the lot will be considered abandoned/forfeit. We at JBA take pride in posting good images and descriptions, but sometimes pictures get misaligned from their description, so bid on the description and call us if you are confused. Ultimately, IT IS THE BIDDER’S RESPONSIBILITY TO MAKE THE FINAL JUDGMENT OF EACH LOT, AND CONTACT AUCTION HOUSE PRIOR TO THE END OF THE AUCTION WITH QUESTIONS CONCERNING THE LOTS OF INTEREST. ALL LOTS ARE SOLD 'AS IS, WHERE IS'. JBA makes no warranty to the condition or usability, conformity to any law, of any of the merchandise. Buyers must provide their own personnel for removal of the lots/ items purchase. You must bring copy of your invoice. Buyer must provide their own tools and equipment for removal. Buyer must cap all electrical, water, etc pertaining to their lots. BUYERS WILL BE CHARGED ANY AND ALL DAMAGE TO THE BUILDING CAUSED DURING THE REMOVAL OF THEIR PURCHASES. BUYER WILL HOLD HARMLESS JBA AND ALL OTHERS FOR ANY INJURY TO THEMSELVES OR THEIR PERSONNEL DURING THE REMOVAL OF ITEMS/LOTS. Applying for Tax-Exempt Status: Some bidders may be exempt from payment of applicable taxes. If you wish to apply for tax-exempt status, you must submit a completed copy of the Auctioneer’s tax-exempt form prior to this auction’s closing. Call 619-297-7653 for more information. CHECK OUT DATES AND TIMES: All units must be removed by the SPECIFIED REMOVAL DATES AND TIMES: Please review the terms and conditions for more info. Items not removed by this time will be subject to transportation, storage and other fees. REMOVAL: All items must be removed from the sale location within two days following the close of the auction. A storage fee of up to $25 per unit per day plus a $50 yard fee and any transportation fees will be charged on all units not removed by the specified removal date. Additional fees will apply to have the auction facility opened for removal past the removal date. Units may be disposed of and/or resold at the discretion of the Auctioneer to recoup fees. PURCHASES: Merchandise becomes the full responsibility of Buyer at time of purchase and Auctioneer/Seller assumes no risk of loss and damage to property at sale premises. DEFAULT / RESALE: a. In the event the Buyer shall default in the performance of the conditions accepted by him under this agreement, then and in the event, said Buyer shall make payment of all costs and expenses, including reasonable attorney fees incurred by the Auctioneer in enforcing the terms of this agreement or pursuing any other remedy available under the laws of the state in which the Auction is conducted. b. Auctioneer reserves the right to resell any property not paid for in full on sale day. The Buyer shall be responsible to Auctioneer for any expenses for resale and collection costs and any damages or shortages resulting from the resale. INJURY AND DAMAGE. Bidder acknowledges responsibility for any personal injury or property damage caused by Bidder or his agent, and further agrees to hold Auctioneer harmless for any personal injury to himself or his agents and any property damage incurred on sale premises. GOVERNING LAW: This Auction shall be conducted subject to California Law. Any laws that apply, both Federal and State will be subject to California Jurisdiction. Despite our efforts to avoid withdrawal of items from the auction after they have been advertised, it may become necessary to do so; therefore, the Owner and/or Auctioneer reserves the right to withdraw units at any time. ELECTRONIC ONLINE BIDDING: Auctioneer cannot, and will not, be held responsible for any interruption in service, errors, and/or omissions, caused by any means and does not guarantee continual, uninterrupted or error free service or use of the Site. Bidder acknowledges that they are taking part in the auction electronically and the nature of the auction relies on hardware and software that may malfunction without warning. The Auctioneer, in its sole discretion, may void any sale, temporarily suspend bidding and re-sell any unit(s) that may have been affected by any malfunction. This decision of the Auctioneer is final. AUCTION WITH RESERVE PLEASE READ: At the request of the auction company, Some items in this auction may be placed with a reserve price, in these situations the auction co. permits bids to be placed by the auctioneer, an employee of the auctioneer, or the seller or an agent on the seller’s behalf, to and only to the reserve price. While Proxibid’s Unified User Agreement prohibits this behavior, in accordance with UCC 2-328, this auction is permitted to engage in this activity by providing this clear disclosure to you, the bidder. Your agreements with The Auctioneer (JBA) by your participation in this auction:. You agree not to use any hardware, software, program, or system that would interfere with the orderly process of this sale. You further agree not to copy, reproduce, or publicly display any content from the Auctioneer’s website without first obtaining written permission from the Auctioneer. You acknowledge that JBA is providing you with the opportunity to inspect the items being offered for sale in this auction and JBA strongly encourages you to attend the scheduled inspection for this auction, If you choose not to attend the scheduled inspection and are in doubt about the condition, completeness or suitability of a given item, please bid accordingly. You agree that your failure to inspect or otherwise become fully informed about the items offered for sale in this auction will not be grounds for a refusal to pay amounts due to JBA or grounds to make claims against the JBA. You agree to bid carefully; any bidder errors that you deem need correction must be reported to our company prior to auction, and the outcome is solely at the discretion of our auction company. If you believe someone is fraudulently using your account, you understand it is your responsibility to promptly report this suspicion to us and any relevant law enforcement authority or you will be held personally responsible for all purchases made on your account. All aspects of this auction are subject to change without notice. JBA reserves the right to take any action deemed necessary to effect the fair conduct of this sale or protection of buyers’, sellers’, or other parties’ interests – at any time – including to add, remove, split or combine items from the auction, add minimum bids or reserve prices, cancel, suspend, extend or reschedule the sale of an individual item, lot, auction, and/or auction event, make changes to the auction’s closing, inspection, or removal times, or take any other action deemed reasonable. In the event a seller withdraws an item from this auction prior to the close of the auction, the Auctioneer may leave the item on the catalog and buy the item back on behalf of the seller to establish the Auctioneer’s earned commission and the buyer’s premium due to the Auctioneer from the seller. JBA’s online auctions are live, and have staggered adjusting closing times in set intervals. Investigate the “maxi-bid” option within Proxibid to win bids on your schedule at the lowest price. If you place a bid in this sale, and your bid is determined to be the winning bid, you become obligated to pay for the item that you have won at the price you gave as your bid. If you end up placing one or more winning bids in this auction, the summary will arrive in your given e-mail to let you know which items you have won. This e-mail notification will be the only contact you receive from JBA about your winning bids; this means that you are responsible for checking your e-mail following the close of the auction to determine what items you have won. If you do not receive an e-mail identifying you as a winning bidder, and you believe that you placed a winning bid, you must notify the Auctioneer by sending an e-mail to joe@joebradley.com of your situation by 9:00am on the day after of the auction has closed. You agree that the Auctioneer will be the sole authority regarding the identification of winning bids. Thru this agreement you agree that you will accept all charges placed on the credit card associated with your account, and you agree that you will not charge back any amount that the Auctioneer charges to your credit card. JBA may, at its discretion, suspend online bidding privileges for bidders not complying with these terms and conditions. You are solely responsible for risks and expenses of the safe pick-up, removal, and transportation of your items. You agree that the pick-up, removal, and transportation of your items will be solely at your expense and at your risk. You further agree that you will be responsible for any damage that you or any of your agents cause during any preview or removal period, and also agree that the credit card associated with your online account will be charged for any expenses incurred and/or repairs necessary as a result of any damage that you cause. You accept JBA’s policy to only release items to persons bearing paid sales receipts be it the bidder or bidder’s representative. In the unusual event that an item has been totally misdescribed or is unavailable for pickup during the published removal times, you must immediately email your claim in which you completely describe the nature of the problem by replying to the email we (JBA) sent you notifying you of your winning bid. You understand and agree that if you fail to make a claim for non-delivery within twenty-four hours of your discovering the problem, your claim for non-delivery will not be considered. Any claim or controversy out of or relating to these Terms and Conditions, or to any breach thereof, will be settled either (1) in San Diego County Small Claims Court, if the claim in question amounts to less than $5,000, or (2) by means of arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, if the claim in question amounts to more than $5,000. In the event of arbitration, judgments upon the award rendered by the arbitrator may be entered by any court having jurisdiction. You agree that all claims will be litigated or arbitrated on an individual basis, and will not be consolidated with any claim made by another party. Venue in every case will be San Diego County. You agree that any judgments awarded may be applied to and collected from you personally or corporately. Should any party file an action contrary to this paragraph, the counterparty may recover reasonable legal fees and costs. Further, if you bring a claim against the Auctioneer and do not prevail, you agree that you will reimburse the Auctioneer for all reasonable legal fees and costs. You agree that the Auctioneer may seek interim or preliminary relief in a court having jurisdiction in order to protect any rights or property that the Auctioneer may have pending arbitration or litigation. In all cases, the Auctioneer’s liability, and the liability of the seller of the items in this auction, will be limited to the refund of your purchase price. The Auctioneer will not be liable for any amount in connection with the postponement or cancellation of this auction, or the withdrawal of any item or lot, for lost profits or any special, incidental, or consequential related to this auction or any related sale or transaction. : The Auctioneer is not responsible for any action taken by any seller, bidder, or other third party before, during, or after this auction. You understand that this auction is online-only, and so relies on devices and programs that may malfunction without warning and Auctioneer will not be liable for any error or inconvenience that may be the result of such a malfunction. You further understand and agree that Auctioneer may void or suspend any sale, or resell any item, if the Auctioneer determines a transaction to have been affected by any site malfunction. You agree to indemnify, defend, and hold harmless the Auctioneer and its employees, officers, owners, affiliates, agents, and representatives from and against any claims, losses, damages, liabilities, judgments, fees, costs, and expenses, including reasonable legal fees and costs, related to, arising from, or associated with you, your agents or representatives – including, but not limited to, personal injury or property damage caused at any sales site or during removal or transportation of items won at auction, any dispute with another bidder, or any violation of these Terms and Conditions. These Terms and Conditions do not – nor are they intended to – create any agency-, partnership-, joint venture-, employer-employee-, or franchisor-franchisee relationship. These Terms and Conditions cannot be altered except in writing by the Auctioneer. If any term, provision, paragraph, condition, or other portion of this agreement – or the application of these to any person, place, or circumstance – is held to be invalid, unenforceable, or void, the remainder of this agreement and such term, provision, covenant or condition as applied to other persons, places and circumstances will remain in full force and effect. These Terms and Conditions contain our entire agreement and supersede any prior oral or written agreements relating to the same subject matter.