CONTACT PHONE NUMBER: (804) 232-3300 CONTACT FAX NUMBER: (804) 232-3301 BIDDING CLOSES: Tuesday, November 30, 2010, beginning at 1 PM INTERNET BUYER’S PREMIUM: A 13% buyer's premium will be charged for each lot purchased (unless otherwise announced) HANDLING FEE: An additional 3% handling fee is in effect. The 3% Handling fee will be waived for each account paid for on time according to Motley’s payment terms, and paid for by cash, cashier’s check, check with Bank Letter of Guarantee, or wire transfer. TITLES: Titles available (10) business days after payment is received. There is a $25 title fee for each title. Flat $15 title shipping fee per buyer - no shipping charge if title(s) is picked up at sale site). Tiles being sold as "Title Delay" are available 10-60 days after the auction. REMOVAL: By appointment only. No payments accepted at sale site. All physical payments must be made at 3600 Deepwater Terminal Road, Richmond, VA 23234. Setup appointment through Motley's at 804-232-3300. Certificate of insurance with Motley's being named as additionally insured is required if you bring your own forklift. No forklifts available onsite for load out. MOTLEY'S PAYMENT TERMS: Invoices will be sent to the buyer’s registration email address by the morning following the close of the auction. Full payment is due within 24 hours of invoicing. NO EXCEPTIONS! Any physical payments must be made at 3600 Deepwater Terminal Road, Richmond, VA 23234. No payments will be taken at the assets location. A $75 per day Late Payment Fee will be charged on outstanding balances. Payment is accepted by Cash (Cash Payments Accepted Sale Day Only), Cashier's Check, Wire Transfer, or Visa/MasterCard/Discover. No personal or business checks accepted without Bank Letter of Guarantee on Original Bank Letterhead (see sample below). If no contact is made by the buyer by this deadline, we will automatically process the payment on the credit card that was provided at registration (if applicable). SAMPLE BANK LETTER OF GUARANTEE: This IRREVOCABLE letter of guarantee will guarantee checks made payable to Motley's Auction & Realty Group & is issued to _______________ (customer name) who is a customer of this bank. This bank will guarantee unconditional payment to Motley's Auction & Realty Group on account #___________ up the the amount of $_________________. This Letter of Guarantee is good through ______________________. NOTE: Motley's Industrial Division wants all of our customers to feel they have been treated fairly. Please do not enter a bid on an item if you do not feel comfortable with the item based on its condition. Auctioneer is not responsible for a bidders inability to place any bid, internet or otherwise for this auction for any reason. In the event of technology issues with Internet sales, the Auctioneer reserves the right to reopen or extend Internet bidding as it deems necessary and appropriate. All equipment is sold AS IS, WHERE IS, AND WITH ALL FAULTS. Inspect all equipment prior to bidding or placing bids. THERE WILL BE NO ADJUSTMENTS TO THE FINAL BID PRICE AFTER THE BIDDING CLOSES. Call to insure specific items are at the auction before traveling. This information is only a guide and is not a warranty or guarantee, actual or implied. All information was furnished to us by sources believed to be reliable, but is not guaranteed and is subject to errors, omissions and deletions from the auction. Although many items will be sold ABSOLUTE, some items will be sold with immediate owner confirmation. The auction yard is a very dangerous site. NO CHILDREN UNDER 16. Enter at your own risk. Fees subject to change without notice. COMPLETE TERMS & CONDITIONS OF SALE All persons bidding or otherwise attending auction (“Bidders”) acknowledge the following terms and conditions (“Terms and Conditions”) and agree to be bound by them. 1. Bidding. Bidding is open to the public without regard to race, color, sex, religion, or national origin. All bidders are required to have a bidder’s number to bid. To obtain a bidder’s number, a registration form must be filled out giving full name, address and phone number. This information must be verified by proper identification. 2. Bidding Procedures: (1) Method, order of sale, and bidding increments shall be at the sole discretion of the auctioneer. (2) The auctioneer reserves the right to delete or add items at its discretion. (3) Motley’s may act to protect the interest of buyers and sellers as an agent, by bidding through the auctioneer. (4) The auctioneer may open bidding on any item by placing a bid as an agent for any buyer or seller. (5) The auctioneer may continue to bid as an agent for a buyer or seller, either by placing consecutive bids or by placing bids in response to other bidders. 3. Auctioneer Authority. Announcements (both verbal and written) made on the day of the auction will take precedence over all printed material or oral statements made. The auctioneer has the authority, at his sole and absolute discretion, to deviate from, change, alter, or modify, the bidding procedures and conduct of the auction, at any time, including after commencement of the auction. 4. Bid Execution. Bids which are submitted to Motley’s in writing, through the Internet, or otherwise placed with Motley’s prior to or during an auction for execution at or below a specified price shall be entertained and executed by Motley’s for the convenience of bidders. Motley’s shall not be responsible for failing to execute such bids or for errors relating to the execution or such bids. Auctioneer is not responsible for a bidders inability to place any bid, internet or otherwise for this auction for any reason. In the event of technology issues with Internet sales, the Auctioneer reserves the right to reopen or extend Internet bidding as it deems necessary and appropriate. 5. Purchaser Defined. The highest bidder whose bid is accepted by Motley’s Auction and Realty Group (“Motley’s” or “Auctioneer”), is the Purchaser (“Purchaser”). The “Final Bid” shall be the Purchaser’s bid as accepted by the Auctioneer, and all items are “Purchased” when the Purchase Price is accepted (see SALE INFORMATION for details). 6. Buyer’s Premium. The buyer’s premium shall be paid by the Purchaser and will be added to the Final Bid on the item to determine the “Purchase Price”. If there is no Buyer’s Premium, the Final Bid is the Purchase Price. See Section “Buyer’s Premium Terms” in the Sale Information portion. 7. ALL SALES ARE FINAL. All bidders are responsible to determine the age, description, condition, and authenticity of all Purchased items. Each item is auctioned “AS IS, WHERE IS, with all faults” in its condition at the time of sale, without any warranties or guarantees, either expressed or implied, and without recourse by way of refund, reduction of the Purchase Price, or otherwise. No purchase will be set aside, nor will Auctioneer be liable, for incorrectness in description, misnomer, errors in cataloging, imperfection, or mislabeling of any item. 8. Catalog. The listing catalog has been prepared only as a guide based on information from sources believed to be reliable, but the accuracy thereof cannot be guaranteed or warranted by Motley’s. Hours and miles which are stated in the catalog descriptions as “showing” are read on the meters and odometers, or as provided by owner, with no guarantee of accuracy. “Actual” hours and miles are guaranteed to be accurate. All announcements from the auction stand on auction day, to the extent that they are different from prior printed material take precedence. Any information provided by Motley’s or its representatives, verbal or otherwise, is not guaranteed, to include, but not limited to country of origin or manufacturer. Purchaser acknowledges that all items were available for inspection prior to the auction and that Purchaser relies on his own inspection of the items and not the information listed in the catalog or otherwise provided by Motley’s. 9. Disputes. Should a dispute arise between two or more bidders, the Auctioneer may re-open the bidding between the high bidders until the property is purchased. Should the Auctioneer and a bid assistant (bid spotter) simultaneously recognize conflicting bidders, even if the Auctioneer has announced the item as “sold,” the Auctioneer may re-open the bidding between the high bidders until the property is purchased. The Auctioneer will determine the purchaser and his decision shall be final and absolute. 10. Risk of Loss. Upon the fall of the hammer, or when the Auctioneer says “sold,” risk of loss shall pass to the Purchaser. Motley’s accepts no responsibility for any loss or damage to any Purchased item once the hammer falls. It shall be the responsibility of the Purchaser to insure all Purchased items immediately. 11. Sales Tax. Sales or Use Taxes will be added to the Purchase Price of all taxable Purchased items. A current sales tax exemption certificate including sales tax exemption number must be presented to avoid paying sales tax. 12. Payment. All buyers must abide by the “payment terms” set forth for this sale. See “sale information” for details. Motley’s may refuse to allow removal of Purchased items and all property of Purchaser consigned for auction with Motley’s until the Purchaser pays all amounts due and owing Motley’s. Payment for all Commonwealth of Virginia Items is due sale day. 13. Removal and Storage/Handling Fees. Purchasers must pay in full for all items purchased prior to removing any item(s). Purchasers must remove all purchased items from the auction site within the time allotted for removal. See “sale information” for details. Purchaser takes full responsibility for the removal of purchased items and holds harmless and indemnifies the consignor and auctioneer for any damage or injury in the removal or dismantling process. Motley’s reserves the right to require proof of insurance coverage on any item, person or company. If for any reason Purchaser fails to remove any items from the auction site in accordance with this paragraph, including Purchaser’s failure to make full and complete payment of all sums due and owing to Motley’s, Purchaser agrees to pay Motley’s a storage fee which is stated in the “sale information” section, and reasonable handling, transportation, maintenance, security and insurance fees and /or costs. Motley’s may store any such unremoved item(s), and refuse to allow its removal, until payment of all storage, reasonable handling, transportation, maintenance, security and insurance fees and/or costs are paid in full. 14. Default by Purchaser. In the event Purchaser fails to pay the full Purchase Price of any Purchased items as per these Terms and Conditions, or other amounts due Motley’s, Purchaser agrees to pay Motley’s a storage fee of twenty-five dollars ($25.00) per day, per item left at the auction site, and all storage, reasonable handling, transportation, maintenance, security and insurance fees and/or sales costs. Additionally, Purchaser agrees to grant Motley’s a lien on all purchased items and all property of Purchaser consigned for auction with Motley’s, and the proceeds of the sale of such property, until all the Purchase Price and all other sums due Motley’s are paid in full. Motley’s lien shall include the Purchase Price, all sales and use taxes paid by Motley’s, buyer’s premiums (if any), storage, reasonable handling, transportation, maintenance, security and insurance fees and/or costs and other amounts due Motley’s from Purchaser. In addition, Motley’s, at its sole discretion, shall have the right to resell such items by public or private sale at a commission rate of Twenty-five (25%) Percent. Purchaser grants Motley’s the right to withhold from the proceeds of such resale any and all sums due Motley’s. Motley’s exercise of its right to resell any items in accordance with this paragraph, shall not prevent Motley’s from recovering the Purchase Price or any other amount due Motley’s from the Purchaser. 15. Abandoned Property. Motley’s may deem abandoned any item left at the auction site after the time provided for removal. In addition, Motley’s, at its sole discretion, shall have the right to resell such items by public or private sale at a commission rate of Twenty-five (25%) Percent. Purchaser grants Motley’s the right to withhold from the proceeds of such resale any and all sums due Motley’s. Any sum remaining after full and complete payment of all amounts due and owing to Motley’s shall be provided to the Purchaser. Motley’s exercise of its right to sell any items in accordance with this paragraph, shall not prevent Motley’s from recovering the Purchase Price or any other amount due Motley’s from the Purchaser. Redemption of any abandoned goods will be allowed after complete payment of the Purchase Price and all other amounts due and owing to Motley’s. 16. Titles. All title documents will be available to Purchaser upon complete and final payment of all sums due Motley’s within ten (10) business days of such payment unless sold title delay. Items sold title delay shall remain at the auction site until title documents are available unless Purchaser signs a waiver. Purchaser shall not alter any purchased item prior to receipt of title. If merchantable title or documents necessary to secure merchantable title are unavailable, Purchaser shall return the item to the auction site in the identical condition as at the time of purchase upon which Motley’s shall refund the Purchase Price. Motley’s shall not be liable for any other amount, any improvements or repairs, or for any consequential or incidental damages incurred by the Purchaser. A $25.00 title fee will be charged for each title. A $15 shipping fee applies unless title(s) picked up at Motley’s Office. 17. Loading/Unloading of Equipment. All items are sold “AS IS, WHERE IS”. Motley’s does not provide operators for the loading or unloading of any vehicles or equipment under any circumstances. This is the sole responsibility of the Purchaser. 18. Withdrawn Property. Motley’s reserves the right to withdraw any individual items or to cancel the sale of any items or offer any items in lots of groups. Motley’s reserves the right to cancel the entire auction without notice or liability to Motley’s. 19. Unauthorized Conduct. Motley’s reserves the right to refuse any bidder registration privileges at any auction and/or refuse access to, or remove any person from the auction site for any reason including, but not limited to: 1) tampering with equipment, 2) collusive bidding, 3) stealing, 4) failure to abide by these Terms and Conditions, 5) intoxication, (6) inappropriate behavior. All Bidders acknowledge Motley’s right to refuse access and to remove Bidders for such conduct and agree to leave the auction site upon request by Motley’s. 20. Enter at your Own Risk. Bidders acknowledge that an auction site is potentially dangerous and Bidders shall so advise their agents and employees. Bidders enter the auction site at their own risk/and expressly agree to indemnify and hold Motley’s harmless for any personal injury or property damage which may occur while at the auction site. NO CHILDREN under the age of 16 shall be permitted at the auction site. NO EXCEPTIONS! 21. “Buy Backs”. The owner of any item being sold may not bid on that item. 22. Notice. Except for announcements made pursuant to paragraph 3 of these Terms and Conditions, these Terms and Conditions may not be amended in any way, except by a signed, written agreement between Motley’s and the Purchaser. 23. Arbitration. Bidders agree that any controversy or claim arising out of or relating to these Terms and Conditions shall be settled by arbitration in Richmond, Virginia, administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Bidders agree that Motley’s shall be entitled to its reasonable attorneys’ fees (25% of any amount awarded to Motley’s) incurred in any arbitration or action to enforce or otherwise related to these Terms and Conditions. 24. SHERMAN ANTITRUST ACT. Title 15, Section 1 of the United States Code specifically prohibits any agreements that restrain trade and commerce and declares them to be illegal and a federal felony. The law provides: "Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal. Every person who shall make any contract or engage in any combination or conspiracy hereby declared to be illegal shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding $10,000,000 if a corporation, or, if any other person, $350,000, or by imprisonment not exceeding three years, or by both said punishments, in the discretion of the court." Any agreement among potential bidders at this auction not to bid against one another, or otherwise to dampen the bidding process, is illegal and will be immediately reported by Motley’s to the United States Attorney and the Department of Justice for investigation and prosecution. This is a very serious matter and we want you to view it as such and conduct yourselves accordingly. 25. Acceptance. Bidding on any items or otherwise attending the auction indicates acceptance of these Terms and Conditions.