Bankruptcy Auction Liberty Industries, L.C. Case No. 18-14231-EPK Liberty Properties at Newburgh, L.C. Case No. 18-14232-EPK *****PLEASE READ CAREFULLY****** 1.REGISTRATION $1,500.00 REFUNDABLE CERTIFIED FUNDS/WIRE/CASH DEPOSIT and account validation required in order to bid at this auction. Additional deposit amount will be based upon cumulative purchases and may change throughout the auction. 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 in writing. We do not share the information collected with third party companies. 2.BUYER’S PREMIUM 10% Buyer’s Premium (BP) will apply to all lots sold, plus local sales tax if applicable. 3.INSPECTION Open inspection available by appointment only before auction closing date, Wednesday, December 12th by noon. 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. 4.CONDITION ALL SALES ARE AS IS, WHERE IS, with no warranty expressed or implied, subject to higher and better offers and Bankruptcy Trustee approval. Sale shall be free and clear of liens or encumbrances unless otherwise notified. This is not an absolute auction; all high bids must be confirmed by the Bankruptcy Trustee. No refunds or exchanges are allowed on any winning bids. In the event that the auction or lot(s) are rejected in any manner, deposits will be refunded within 72 business hours after the termination of the auction. 5.TITLE TRANSFER Upon the fall of the Auction lots closing, 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. Deposit(s) will not be refunded to purchaser of unpaid invoice(s). 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. 6.COMPETITIVE BIDS The Auctioneer may accept bids from other sources. 7.PAYMENT Full payment is due no later than Tuesday, December 17th by noon. Payment MUST be paid via CASH, CERTIFIED FUNDS or WIRE. We do not accept Company Checks or Personal Checks. Net amount of wire must equal total of invoice. 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. 8.SALES TAX Local sales tax of 7% will be added to the purchase of all taxable items if applicable. 9.TAX EXEMPTION Dealers who purchase for resale must provide a copy in person or fax their 2019 resale certificate to (954) 252-2791, please reference your bidder/paddle number. No exceptions will be made. 10. REMOVAL/CHECKOUT Bidders are responsible for their own removal. Buyer must make an appointment for removal within 7 to 10 business days after conclusion of auction. It is the buyer’s responsibility to pick up or arrange to have items picked up by the allotted time. Buyer is responsible for all shipping and handling costs. 11.ADDITIONAL/WITHDRAWAL LOTS The Bankruptcy Trustee 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. 12.DISPUTES The Bankruptcy Trustee and/or Auctioneer shall designate the winning bidder after the close of auction. 13.LIABILITY Purchaser, purchaser’s agent(s) including hired moving companies, vehicle transport 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.UNPAID INVOICE 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.GOOD STANDING 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.LEGAL & BINDING A bid is a legal & binding contract. It is a promise to pay for goods purchased.