Assets of Material Transfer Indusdtries LLC

BIDDER TERMS & CONDITIONS: This sale is being conducted for Revenue Recovery Solutions, Inc., on behalf of the Gulf County, Florida Tax Collector in accordance with Chapters 197.413 and 197.417 of the Florida Statutes and 12D-13.044 "Sale of Personal Property After Seizure" of the Florida Administrative Code. This sale is subject to all other liens or encumbrances. The successful purchaser will accept responsibility for removing purchased items in accordance with guidelines set forth by Bidilla, Inc. The successful purchaser will receive a bill of sale. According to 12D-13.044 FAC, "The owner, claimant, lienholder or mortgage holder of the personal property may have seized personal property released by paying the taxes, delinquency charges, transportation, boarding, insurance interest, costs of advertising, storage or any other charge allowed by Chapter 30, F.S., at any time before a bill of sale is issued. A sale or conveyance of personal property for taxes shall not be held invalid except upon proof that: (a) The property was not subject to taxation; (b) The taxes were paid prior to the sale of personal property; or (c) The tax certificate on the real property had been redeemed before the execution and delivery of a deed based upon a certificate issued for nonpayment of taxes." PLACING A BID AT THIS AUCTION, SIGNIFIES YOUR AGREEMENT TO THE FOLLOWING TERMS & CONDITIONS Any reference to this sale as an auction shall be construed as to mean a segment of an ongoing online auction for this entity. Therefore the word "auction" contained herein, refers to an auction segment in a series of auction segments controlled by a master online auction contract for the seller. Further, the term auction shall also apply to all offers made in conjunction with this sale, regardless of whether competitive bidding occurs. Bidilla, Inc. is contracted by the seller to sell the items subject to this sale, and is not itself the owner of any of these items. BIDILLA, INC. 336 E College AV, STE 206 Tallahassee, FL 32301-1559 HTTPS://WWW.BIDILLA.COM info@bidilla.com FL AB3574 PRINCIPAL AUCTIONEER: Joseph Kikta, GPPA, CES - FL AU4236 BUYER'S PREMIUM: 10% SALES TAX: SALES TAX: Florida Sales Tax (State and Local) will be collected on all sales made within the state of Florida. The States of Florida Department of Revenue Rules require that Sales Tax be charged on the total invoice price Including Buyer's Premium. Buyers purchasing items for Resale must provide a current Resale Certificate PRIOR to each Auction. Tax Exempt Bidders must provide a current Tax Exempt Certificate PRIOR to each Auction. PAYMENT DUE DATE: July 5, 2019, hereinafter referred to as PAYMENT DUE DATE, is the final date we will accept payment for your invoice. Please see below for payment instructions. PICKUP DATE(s) & TIME(s): By appointment only, and subject to the timeline indicated in your offer. PREVIEW DATE(s) & TIME(s): With a prearranged appointment by calling 850-778-3003 or email info@bidilla.com. CHECKOUT DATE & TIME: PAYMENT IS DUE IMMEDIATELY FOLLOWING THE AUCTION. You will receive an invoice at the email you have on file with Proxibid®, from invoices.globalauctionservices@gmail.com, with the name "Bidilla Inc. Auction Invoices - DO NOT REPLY". Bidilla, Inc. will do its best to get invoices emailed to you the day of the auction. However, late running auctions may cause a delay in receiving your invoice to the next business day. AUCTION LOCATION: Items are located at: 521 Premier Dr, Port Saint Joe, FL 32456 PARTICIPATION REQUIREMENTS: Pre-approval with Bidilla, Inc. is required prior to making any offer. Contact Bidilla, Inc. at 850-778-3003, or by emailing info@bidilla.com to receive the required paperwork for making an offer. PAYMENT OPTIONS: Wire Transfer Payment Instructions: A 10% Buyer's Premium will be added to the High Bid Price at close of Auction to determine Final Price. Sales Tax will be added to each invoice. All invoices must be fully paid by the PAYMENT DUE DATE. Wiring instructions will be sent to the winning bidder in the email with the invoice. It is the winning bidder's responsibility to make sure all invoices are paid by the PAYMENT DUE DATE. ALL items invoiced to a bidder must be paid for prior to the bidder removing ANY of the items. If Full Payment is not received by 5PM Eastern on PAYMENT DUE DATE, the winning bidder will have their bidding privileges revoked from us and a dispute will be entered into the Proxibid® platform. Once a dispute is filed the auction is closed. FOREIGN BUYERS: Wire Transfer Currency Type: USD Interested bidders will be required to complete an ACCIDENT WAIVER, RELEASE OF LIABILITY, AND HOLD HARMLERSS FORM TO PRATICIPATE. SPECIAL TERMS OF SALE: YOUR PURCHASE IS NOT CONTINGENT UPON FINANCING. DO NOT BID UNLESS YOU HAVE THE FUNDS TO PAY FOR YOUR PURCHASE ALL ITEMS SOLD "AS IS - WHERE IS" WITH NO WARRANTY EXPRESSED OR IMPLIED BIDDING: Receipt of an offer will be considered sufficient evidence that a respondent accepts all conditions set forth in these BIDDER TERMS & CONDITIONS. The Auctioneer has the authority to accept or reject any or all offers, or to negotiate further with any one or several respondents. The Auctioneer's decisions are final. BIDDER AGREEMENT: In the event that you are the high bidder, by the act of bidding you hereby agree to purchase the Item(s) for the total purchase amount of the last (high) bid plus the buyer's premium plus all taxes. You further agree that ANY STOP PAYMENT OF A WIRE TRANSFER SHALL BE IN ITSELF PRIMA FACIE EVIDENCE OF FRAUD EXISTING AT THE TIME THE OF THE TRANSACTION; EITHER OF THESE ACTIONS SHALL BE CONSTRUED BY THE PARTIES AS AN INTENT TO DEFRAUD IN ORDER TO CONSUMMATE THE TRANSACTION. You also agree that Bidilla, Inc. is entitled to receive any and all fees or commissions outlined in these Terms & Conditions, on any item sold, due to or presented at an auction event, and up to 30 days thereafter. MERCHANDISE: All Items are sold "As-is, Where-is" with no warranty express or implied. We do our best in describing items. However, no items are guaranteed. Time will be made available prior to each Auction Segment for a preview of the items to be sold. It is the buyer's responsibility to carefully inspect the items prior to the Auction. Otherwise, bidders must adhere to the inspection dates and times indicated in the item description. ALL SALES ARE FINAL. There is no "Cooling Off Period." If you are the high bidder, ownership changes hands immediately upon the auctioneer saying "SOLD". At that point, you own the items and are responsible for payment in full. Bidilla, Inc. is not responsible for lost, stolen or damaged items. DESCRIPTIONS AND PHOTOGRAPHS: Item descriptions or photographs are not to be used in lieu of a personal inspection. Information provided in descriptions are from sources deemed reliable, but are not guaranteed. Bidders are encouraged to inspect the items. RETURNS: All sales are final. No returns will be accepted. DEFAULT OF PURCHASER: In the event that the auction is closed with a defaulting purchaser, in addition to asserting all remedies available by law, Bidilla, Inc. may take any or all of the following actions: the cancellation of the sale, holding the defaulting purchaser liable for the purchase price, retaining as liquidated damages any payment made by the defaulting purchaser, reselling the item(s) without reserve at public auction, privately selling the item(s) after giving seven (7) days' notice to the defaulting purchaser, or by taking other action(s) that Bidilla, Inc. deems necessary or appropriate. If Bidilla, Inc. resells the item(s), the original defaulting purchaser shall be liable for the payment of any deficiency in the purchase price and all costs and expenses, including storage, the expense of both sales, reasonable attorney's fees, commission, incidental damage, and all charges or fees due. In the event that such purchaser pays a portion of the purchase price for any or all items purchased, Bidilla, Inc. shall apply the payment received to such item(s) that Bidilla, Inc., in its sole discretion, deems appropriate. Any defaulting purchaser will be deemed to have granted Bidilla, Inc. a security interest in, the item(s). Bidilla, Inc. may retain as collateral security for the obligations of the defaulting purchaser to Bidilla, Inc. any property in Bidilla, Inc.'s possession owned by such a defaulting purchaser. Bidilla, Inc. shall have benefit of all rights of a secured party under the Uniform Commercial Code adopted in the state of Florida, or in the state where the auction is held (if other than Florida). REGISTRATION: Registration is required in order to bid at any Bidilla, Inc. Auction. This registration includes your name, address, phone number, email address, state issued Identification or Driver's License, and completed Accident Waiver, Release of Liability, and Hold Harmless Form. Since the act of bidding at an Auction creates a binding contract, the giving of false registration information may constitute an act of fraud. BY REGISTERING TO BID, YOU CERTIFY THAT YOU UNDERSTAND THAT YOU ARE THE PURCHASER OF ANY WINNING BID MADE WITH YOUR BIDDER NUMBER. By registering to bid you also agree to be added to our email list, you do have the option to opt-out after you receive the first email. REMOVAL OF LOTS FROM A SALE: Bidilla, Inc. will make all reasonable efforts to have all items advertised, available for sale. However, there may come an occasion that an item must be removed from the sale. Bidilla, Inc. assumes no liability for damages incurred by the removal of an item from a sale. RESERVE: Some items may be sold with a Reserve or Minimum Bid. If an item is offered with a reserve, the auctioneer may bid on behalf of the seller until the reserve is met. If the reserve is not met, Bidilla, Inc. will submit the highest actual bid as an "offer" to the seller for their acceptance. LIABILITY: By Bidding, the Bidder agrees to hold Bidilla, Inc. and the Auctioneer harmless for errors & omissions. Further, the Bidder agrees to hold Bidilla, Inc. and the Auctioneer harmless, as agents of the seller, for issues arising from the transfer of title of goods purchased. DISPUTES: Should any dispute arise after the sale, the auctioneer's records shall be conclusive in all respects. ARBITRATION: In the event that a dispute arises from an Auction under the terms herein, the Bidder agrees to resolve the dispute through Binding Arbitration, whereby the prevailing party is entitled to reimbursement of their legal fees by the opposing party. LITIGATION: Any litigation brought forward by bidder/purchaser will be against seller. Bidilla, Inc. is merely performing an auction service, and does not own the property. Upon litigation, bidder/purchaser will not be entitled recovery of fees earned by Bidilla, Inc. duly performing its service. VENUE: By bidding in this auction the bidder agrees that the contract created by these conditions of sale is made and performed in the county and state where the items are located. Any dispute arising from this auction will be resolved in, and under the laws of Gulf County, in the State of Florida. SEVERABILITY: The Bidder agrees that if any portion of these terms is deemed unenforceable or invalid, the remainder of the terms shall remain enforceable and valid.