PLEASE READ: At the request of the auction company, this auction permits bids to be placed by the auctioneer, an employee of the auctioneer, or the seller or an agent on the seller's behalf. 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.
PLEASE READ: This auction company has requested and been granted access to see all bids placed including any maximum pre-bids. This auction is permitted to engage in this activity by providing this clear disclosure to you, the bidder.
TERMS OF SALE
NOTICE: All potential bidders participating in this sale agree that they have read and have full knowledge of these terms and agree to be bound thereby.
1. IDENTIFICATION: All potential bidding participants are required to register prior to becoming an “Approved Bidder.” All Participants are required to give full name; permanent street address (P.O. Boxes will NOT be accepted or approved); phone number(s); email address, valid credit card and website, if applicable. International participants may be required to submit a deposit.
2. PAYMENT: Invoices must be paid in full after Sale unless otherwise specified. A BUYER'S PREMIUM OF Fifteen 15% WILL BE APPLIED TO INVOICE IN ADDITION TO THE SALES PRICE. Where required by law, SALES TAX APPLIES TO ALL SALES UNLESS BUYER HAS SUBMITTED THE PROPER TAX EXEMPTION FORM. NO MERCHANDISE WILL BE RELEASED UNTIL INVOICE IS FULLY PAID Business and Personal checks may not be accepted without a letter of verification from your bank. NO MERCHANDISE WILL BE RELEASED UNTIL INVOICE IS FULLY PAID.
3. REMOVAL: Purchases may be removed only on presentation of paid bill. Removal shall be at the expense, risk and liability of the purchaser. All purchases MUST be removed as herein listed. Auctioneer 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 article purchased, but not paid for and removed within the time aforesaid. WE ASSUME NO RESPONSIBILITY FOR SMALL, CARRIABLE ITEMS LEFT ON PREMISES ONE DAY AFTER SALE. Buyers should coordinate their removal immediately after the auction. Standard Items (Normal Machinery & Equipment) Must Be Removed No Later than March 28th 2014, or buyer is subject to penalties and/or abandonment.
Removal Times and Date
Removal Days: Monday- Friday
Removal Dates: Friday, April 11th 2014 – Friday April 18th 2014
Removal Times: 8:00 AM- 3:00PM
Onsite Point of Contact:
V J Comforte
PROPER INSURANCE protecting LOEB WINTERNITZ LLC, and the client that the auctioneers are conducting the sale for, against any or all claims arising from personal injury and/or property damage created by their actions, will be required for all machinery movers working onsite. This requirement is for the auctioneer's protection - NOT FOR THE PURCHASER'S therefore the auctioneer 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.
4. MANNER OF PAYMENT: On the day of sale, all bills must be paid to representatives of the auctioneer at the plant unless otherwise announced. All checks for deposit and balances due shall be payable to the order of LOEB WINTERNITZ LLC. All bills must be paid, and SENT, to the offices of LOEB WINTERNITZ LLC. Payment may be made in the form of WIRE TRANSFER; COMPANY CHECK w/ Bank Letter; CASH, or CASH Instrument. CREDIT CARD PAYMENTS WILL BE ACCEPTED AT THIS AUCTION,UP TO $10,000.00. The full purchase price on all lots sold to the same buyer must be paid within the time fixed and before removal of any of the goods.
ALL INVOICES MUST BE PAID WITHIN 48 HOURS AFTER COMPLETION OF THE AUCTION SALE, unless prior payment arrangements have been made. ANY UNPAID BUYERS PURCHASES MAY BE DEEMED UNSOLD, OR ABANDONED, AND RE-SOLD AT THE AUCTIONEERS DISCRETION. Any deposit made by the buyer, in which they did not complete their purchases, will be retained by the auctioneer as liquidated damages.
5. CONDITION OF ARTICLES SOLD: Neither the auctioneer nor the seller shall be responsible for the correct description, genuineness, authenticity of, or defect in any lot, and makes no warranty in connection therewith. No sale shall be set aside nor allowance made on account of any incorrectness, error in cataloging, or any imperfection not noted. DESCRIPTIONS AND PHOTOS ARE NOT GUARANTEED. NO DEDUCTION ALLOWED ON DAMAGED ARTICLES, ALL ARTICLES BEING EXPOSED FOR PUBLIC EXHIBITION, AND SOLD "AS IS" AND WITHOUT RECOURSE. ARTICLES ARE NOT WARRANTED AS MERCHANTABLE OR FIT FOR ANY PARTICULAR PURPOSE, AND NO CLAIM MAY BE MADE BY PURCHASER RELATING TO THE CONDITION OR USE OF ARTICLES PURCHASED OR FOR PROXIMATE OR CONSEQUENTIAL DAMAGES ARISING THEREFROM. NO REFUNDS WILL BE PROVIDED AFTER THE SALE.
PLEASE NOTE THE QUANTITY OF LOTS. LOTS IN THIS SALE WILL BE SOLD TIMES THE MONEY.
6. SAFETY DEVICES: Articles purchased may not incorporate approved activating mechanisms, operating safety devices or safety guards, as required by OSHA or otherwise. It is purchaser's responsibility that articles purchased be so equipped and safeguarded to meet OSHA and any other requirements before placing such articles into operation.
7. INDEMNIFICATION: Purchaser shall defend and indemnify and hold auctioneer and seller harmless from and against all claims and liabilities relating to the condition of, removal of, or use of the articles 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 articles, including OSHA requirements, and Environmental Protection Agency requirements, or for proximate or consequential damages, costs or legal expenses arising there from.
8. CLAIMS: NO CLAIMS WILL BE ALLOWED AFTER REMOVAL OF GOODS FROM PREMISES OR LEFT ON PREMISES PAST ALLOWED TIME LIMIT..
9. RESPONSIBILITY FOR NON-DELIVERY: Neither the auctioneer nor the seller, in any event, shall be liable for non-delivery or for any other matter or thing, to any purchaser of any lot, other than for the return to the purchaser of the deposit or sum paid on said lot, should the purchaser be entitled thereto.
10. COMPLIANCE WITH TERMS OF SALE: In default of payment of bills in full within the time therein specified, the auctioneer in addition to all other remedies allowed by law, may retain all monies received as deposit or otherwise, as liquidated damages. Lots not paid for and removed within the time allowed herein may be resold at public or private sale without further notice, and any deficiency, together with all expenses and charges of resale including legal fees, will be charged to the defaulting purchaser.
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 the auctioneer and seller from liability therefore. Neither the auctioneer nor his principal shall be liable by reason of any defect in or condition of the premises on which the sale is held
12. CONTRACT MOVERS: NO OUTSIDE MACHINERY MOVER, RIGGER OR OTHER TYPE OF OUTSIDE CONTRACTOR WILL BE ALLOWED TO WORK ON THE PREMISES FOR THIS AUCTION SALE, WITHOUT PROPER INSURANCE ON FILE. The REMOVAL PROCEDURES are clearly defined in Section 4 of the Terms of Sale.
13. ADDITION TO OR WITHDRAWAL FROM SALE: The auctioneer reserves the right to withdraw from sale any of the property listed or to sell at this sale property not listed, and also reserves the right to group one or more lots into one or more selling lots 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 the property listed, in bulk.
14. SALE BY ESTIMATED WEIGHT, COUNT OR MEASURE: When items are sold by estimated weight, count or measure, the purchaser will be billed for and required to pay for the estimated weight, count or measure. If, upon delivery, any shortage exists, the purchaser will receive a refund at the rate of purchase. If there be an excess, the purchaser will be required to take and pay for such excess, at the rate of purchase. (See Paragraphs 4 & 5 for time and Guarantee Limitation.)
15. DISPUTE BETWEEN BIDDERS: If any dispute arises between two or more bidders, the auctioneer reserves the right to settle the dispute or put the lot up for sale again at once, and resell to the highest bidder. The auctioneer's decision shall be final and absolute.
16. RESERVE: The auctioneer reserves the right to reject any and all bids. On lots upon which there is a reserve, the auctioneer or his assigned agents, shall have the right to bid on behalf of the seller.
17. RECORDS: The record of sale kept by the auctioneer and bookkeeper will be taken as final in the event of any dispute.
18. INDEPENDENT CONTRACTOR: The auctioneer is acting as an independent contractor only and is not responsible for the acts of its principals or sellers.
19. ADDITIONAL TERMS AND CONDITIONS: The auctioneer may add other terms and conditions of sale, such additional terms and conditions to be announced prior to the auction.
20. ADDITIONAL INFORMATION: For additional information; inquiries; auction related questions; please contact us below at:
Loeb Winternitz Industrial Auctioneers LLC
4131 South State Street
Chicago, IL 60609
Phone: (773) 548-4131
Fax: (773) 548-2608
Referral Fees Paid – All Inquiries Held in the Strictest of Confidence