Auction Terms & Conditions of Bidder Participation

Thank you for your interest in this Online Auction.

These are the Terms and Conditions on which all property is offered for sale, subject to amendments and modifications by the Auctioneer communicated to you via email and/or posted on the website. By bidding in this auction, prospective bidders agree to be bound by and comply with the following Terms & Conditions and acknowledge and agree that they are being allowed to participate at this auction in reliance on such agreement.

1. REGISTRATION. Bidders must be registered with: https://auctionadvisors.hibid.com/ and approved for bidding by auctioneer. By registering you represent and warrant that any and all Buyer information is correct. Auctioneer reserves the right to deny any registered bidder at any time at its sole discretion without notification.

2. INSPECTIONS: Bidders may inspect the Lots/offering at 270 Tennent Rd, Morganville, NJ 07751 on Monday, November 24th and Tuesday, November 25th from 11AM to 1PM.

3. AS-IS WHERE-IS SALE. ALL SALES ARE FINAL, ON AN "AS IS, WHERE IS", "IN PLACE", "WITH ALL FAULTS" BASIS WITH NO CONDITIONS OR WARRANTIES WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS AS TO TITLE, DESCRIPTION, FITNESS FOR PURPOSE, QUANTITY, QUALITY, MERCHANTABILITY, STATE, CONDITION, LOCATION OR OTHERWISE. NO SALE SHALL BE INVALIDATED AND THE AUCTIONEER SHALL HAVE NO LIABILITY FOR A MISDESCRIPTION OF ANY ARTICLE OR LOT WHETHER CONTAINED IN A CATALOGUE, ADVERTISEMENT, ORAL ANNOUNCEMENT OR OTHERWISE.

4. DESCRIPTIONS NOT TO BE RELIED UPON. THE AUCTION CATALOGUE IS MERELY A GUIDE. DESCRIPTIONS AND QUANTITIES HAVE BEEN PREPARED IN GOOD FAITH FOR GUIDE PURPOSES ONLY AND SHALL NOT BE RELIED UPON BY THE PURCHASER FOR ACCURACY, GENUINENESS, AUTHENTICITY OR COMPLETENESS. PLEASE INSPECT ALL ITEMS BEFORE BIDDING. PURCHASERS SHALL BE DEEMED TO HAVE RELIED ENTIRELY UPON THEIR OWN INSPECTIONS AND INVESTIGATIONS. IN ADDITION, AUCTIONEER RESERVES THE RIGHT TO ADD, ALTER, OR REMOVE ANY ITEM(S) TO OR FROM THE AUCTION AT ANY TIME.

5. PAYMENT IN FULL. Invoices for payment of full amount owed will be issued promptly after the auction. All invoiced amounts must be paid in full immediately but in no event later than the second business day after the auction. TIME IS OF-THE -ESSENCE with respect to such date. NOTHING SHALL BE REMOVED FROM THE PREMISES UNLESS AND UNTIL A BIDDER HAS PAID ALL OF ITS INVOICES IN FULL. BUYERS ARE ENCOURAGED TO PAY INVOICES ONLINE PRIOR TO PICK UP.

6. FORM OF PAYMENT. No personal or business checks will be accepted unless pre-approved by Auctioneer. Only cash, cashier's checks, wire transfer, pre-approved business checks and credit cards (only up to $2,000 - see additional fees below) will be accepted.

7. CREDIT CARD FEE. Payments by way of Credit Card will ONLY be accepted for purchases which do not exceed $2,000, subject to Auctioneer's discretion. An administration fee of 4% shall apply to credit card purchases.

8. REMOVAL TIMES TO BE SET BY AUCTIONEER. Removal of lots shall take place starting Monday, December 8th and continue until Wednesday, December 10th. Removal times on these days shall be from 11:00 AM to 4:30 PM EST. You MUST schedule your appointment with Joe prior to arrival. He can be reached at jcamilleri@auctionadvisors.com.

9. REMOVAL MUST BE DONE IN A COMMERCIALLY REASONABLE MANNER. All successful bidders and/or their agents must sign a Waiver & Release prior to any dismantling or removal which must be done in a commercially reasonable fashion. It is preferred that all Buyers use a professional rigging company with proof of insurance.

10. REMOVAL AT BIDDERS RISK, COST AND EXPENSE. All items must be removed by the successful bidder at their own risk, cost and expense. Any damage caused in connection with the dismantling, packing and/or removing any item shall be the responsibility of such bidder, whether such damage is to the item itself, to any other item, or to the premises or any third party, or third party property. There is limited material handling equipment, tools or labor available at the auction site - all successful bidders must supply their own and/or may use the limited resources available for a service fee. After the time frame set forth on Auctioneer schedule of move-out dates, the Auctioneer will no longer be responsible. Please be forewarned that in the case of a default, the auction company reserves the right to resell any and all unclaimed items and the defaulting bidder will not only forfeit his deposit but bear the responsibility of any shortfall in case of resale, and also all costs and expenses associated with the default as well as all auctioneer's fees and commissions.

*PLEASE NOTE: BUYER SOLELY RESPONSIBLE FOR PACKING & PICKUP. Please Note: The Auctioneer does not pack, ship, store, crate or rig items. Buyers may either pick up their items at the designated auction site personally or can arrange for a third-party logistics firm to manage the removal process for them. If someone other than the registered buyer at the sale is designated to pick up those purchased assets, the buyer must contract with an independent logistics firm or other representative who will dismantle, crate, pack, load and/or ship your purchased items; coordinate the removal of those purchased items to meet the time deadlines indicated of this auction and authorize the auction company to release items to a third-party contractor for shipping, crating or packing purposes. Since the Auctioneer does not ship the items, we do not obtain/prepare any export licenses/documents. Further, the auction company is not affiliated with any machinery rigging, transport or export company. We provide the names and contact information of available companies solely as a courtesy to our buyers. The auction company does not endorse or guarantee the services of any machinery rigging, transport or export company, and cannot be held responsible for any damage, omission or other problems incurred as a result of the actions of those companies.

11. ALL BIDS ARE FINAL. All sales shall be concluded as indicated by the Auctioneer and no Purchaser may thereafter revoke their bid. Title to the lots purchased shall not pass until payment in full of the purchase price is received and buyer has taken possession and removed any purchased lots from the premises.

12. BUYER'S PREMIUM. An fifteen percent (15%) buyer's premium is in effect for all successful bidders at this auction.

13. AUCTIONEER FINAL ARBITER. The Auctioneer is the final judge in case of a dispute. The final posting on auction day made by the auctioneer will take precedence over any previously printed materials. Auctioneer has the right at its sole and absolute discretion (should Auctioneer so chose to exercise it) to reject any and all bids Auctioneer deems unreasonable, entertain a bulk bid, a mini bulk bid or any package of lots. Further, Auctioneer may at its sole discretion set and/or or alter bidding increments at any time.

14. BIDDER PARTICIPATION AT DISCRETION OF AUCTIONEER. All bidders must be at least 21 years of age. The auctioneer reserves the right to deny admission to the auction to any person the auctioneer deems to be abusive, disorderly, intoxicated or non-compliant with the terms and conditions for the auction, or a potential threat to be such or any individual who the Auctioneer, at its sole discretion, deems to be potentially disruptive to the auction or who the Auctioneer believes, at its discretion, cannot reasonably be relied upon to comply with these Terms & Conditions. The auctioneer also reserves the right to deny registration to any online bidder who does not qualify to bid.

15. SPECIAL NOTICE FOR PURCHASES OF VEHICLES: Vehicles and their contents will be sold "AS IS, WHERE IS," with no warranties, either expressed or implied, including, but not limited to, any warranty of use or merchantability. Buyer agrees that all vehicles are being offered "With All Faults." All bidders, including Buyer, are responsible for inspecting vehicles prior to bidding and each bidder represents that it has done so and is being allowed to bid at this auction in reliance upon such representation. Neither Auctioneer nor Seller shall be responsible for any printed errors or omissions in regard to year, make, model or mileage of vehicles or any other defects.

The successful bidder must register the vehicle with the state Motor Vehicle Department within 30 days of purchasing it and assumes full responsibility and costs for affecting the transfer and ownership registration. Seller warrants and covenants that it has title to, and is the true and legal owner of the vehicles being auctioned herein (subject to express exceptions); that all vehicles are or will be free from any liens unless otherwise indicated.

In coordination with Auctioneer, bidders are responsible for the removal of the vehicles from the site. Individuals must be at least 21 years old in order to bid on any vehicle. The original title will be mailed to you via guaranteed mail. Vehicle pick-ups must be made on the posted removal times or by contacting the Auctioneer and making an appointment. Your auction receipt will serve as your bill of sale. PRIOR TO BEING ALLOWED TO REMOVE ANY VEHICLES, THE WINNING BIDDER MUST HAVE TENDERED FULL PAYMENT FOR THE VEHICLES AND PRESENTED VALID PROOF OF INSURANCE TO DRIVE THE PURCHASED VEHICLE.

TITLES: Titles will be provided to winning bidders at time of pick up unless otherwise indicated in the lot description.

16. Do not bid on anything unless you understand all the rules of this auction. By bidding, you are acknowledging and agreeing to comply with all the terms of the auction.

All sales subject to the approval of the Bankruptcy Trustee and the Bankruptcy Court.

Online auction featuring over 100 pieces of construction and highway road equipment including excavators, loaders, backhoes, skid steers, dump trucks, rack trucks, tack trucks, roll-offs, lowboys, crushers, compactors, rollers, milling machines, street sweepers, pickup trucks, dumpsters, containers and more. Top industry brands from Caterpillar, Volvo, Kenworth, GMC, Mack, Kubota, Komatsu, John Deere, Ford, Freightliner, Terex, Kobelco, Dodge, CASE, Wirtgen, Elgin and more. Sells regardless of price.