These are the complete and only terms and conditions on which all property is offered for sale. By bidding in this auction, prospective bidders agree to be bound by the following: Please make sure you have read the terms of this auction before bidding. Auction Terms & Conditions: ~Your Bid is a Contract to Buy~ Sells Monday, January 10, 2022 @ 11:00 am ET Retro Fitness, 235 Prospect Avenue, West Orange, New Jersey 07052 Inspection: Morning of Sale from 9:00 am to 11:00 am ET Covid Restrictions Apply - Masks Required for Entry 1.Thank You For Participating In This On Site & Live Webcast Auction. 2. In order to participate in this auction, all onsite bidders must register in person and obtain a bidding paddle. Additional auction terms & conditions are contained on the reverse side of the bidding paddle – be sure to read all terms & conditions prior to bidding. All online bidders must first register @ www.bidspotter.com and be approved to bid. 3. All items are offered “As-Is” and “Where-Is” with all faults. The auction company makes no guarantee or warranty express or implied as to the quality, condition, performance, description, hours, or nomenclature of any item being sold, so buyer beware. All sales are final with no recourse through the auction company subsequent to the sale. It is for these reasons all bidders are encouraged to take the opportunity for inspection prior to bidding. 4. At the knockdown of the bid, all onsite bidders must immediately tender a twenty five percent (25%) cash deposit, or $100, whichever is greater. 5. No credit cards, personal or third-party checks will be accepted on site. Only cash, cashier’s checks, wire transfer & pre-approved business checks will be accepted and all checks must be made payable to “Caspert Management Co., Inc.” On-Line bidders may pay with the credit card registered through BidSpotter. A three (3%) percent bank fee and purchase amount limitations apply to all credit card transactions. 6. All Open Invoices must be paid in full no later than Wednesday, January 12, 2022 by 12:00 noon. Please, no exceptions. If you have not paid your invoice by this time, and if there has been no communication with us, your credit card will be charged. 7. To prevent errors in delivery, nothing may be removed during the auction. Removal will be by appointment only to adhere to social distancing requirements as follows: Tuesday, Wednesday, Thursday & Friday, January 11, 12, 13 & 14 from 9:00 am to 3:00 pm ET. Please call the auction company to reserve a specific date & time. 8. All successful bidders and/or their agents must sign a Waiver & Release prior to any removal which must be done in a commercially reasonable workmanlike manner. A Certificate of Insurance may be required for some purchases. 9. All items must be removed by the successful bidder at their own cost and expense no later than Friday, January 14, 2022 by 3;00 pm ET. NO EXCEPTIONS - THIS IS A HARD DATE. (There is no material handling equipment, tools or labor available at the auction site - all successful bidders must supply their own.) After the above referenced time frame, the auction company 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. 10. A ten percent (10%) buyer’s premium is in effect for all onsite bidders and an thirteen percent (13%) buyer's premium is in effect for all online bidders. 11. Federal, State and local taxes (6.625%), if applicable, will be the responsibility of the purchaser and collected by the auction company at time of payment. Any purchaser who claims a tax exemption status must provide acceptable proof. The purchaser of the Box Truck (Lot 257) will pay tax upon registration with the appropriate Department of Motor Vehicles. 12.The auctioneer is the final judge in case of a dispute. Any announcement made by the auctioneer at the time of the auction will take precedence over any previously printed materials, including the ability to reject any and all unreasonable bids, entertain a bulk bid, mini bulk bid, and or alter bidding increments at any time. All bulk bids must be made in person on site, accompanied by a twenty-five percent (25%) deposit, balance due, if successful, immediately upon the conclusion of the sale. Bulk bids will not be accepted on line. Lot 257, the Box Truck, is not included in any Bulk bid. In order for individual bidders to be successful, their collective bids must exceed the bulk bid, if any, by at least ten (10%) percent. 13. 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. The auctioneer also reserves the right to deny registration to any online bidder who does not qualify to bid. 14. Any instance of theft or vandalism will be prosecuted to the full extent of the law. Video cameras are present at this auction site. 15. This catalog is meant merely as a guide. There are no machines being sold with plates regardless of what the picture shows. Plates are offered separately. The auction company does not warrant the accuracy, genuineness, or authenticity of any of the items specified herein and, in addition, reserves the right to add, alter, or remove any item(s) to or from the auction at any time.*Please Note: The Auction Company does not palletize, pack, ship, store, crate, rig or remove fluids from 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 auction company 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. 16. Debt Collection and Interest Charges: The bidder agrees to pay all reasonable attorney fees and other costs incurred by the Auction Company in its efforts to collect unpaid funds from the bidder. The bidder agrees that a fee of 2% of the outstanding balance per month be added to any unpaid balance due the Auction Company. 17. Guaranty Agreement: By submitting a bid in the name of a business entity or corporation, the individual submitting the bid enters into a guaranty agreement whereby he or she personally guarantees payment to the Auction Company for any bid amount not paid when due by the business entity or corporation, for any reason, together with all collection expenses incurred to enforce collection, including a reasonable attorney's fee. 18. Bidder Information and Security: All registration information the bidder provides to the Auction Company shall be current, complete, and accurate. All bidders are responsible for any bids placed under their bidding numbers and passwords. The security of bidder information is the responsibility of the bidder. Bidders guarantee that the information they supply to the Auction Company is accurate. Users agree to indemnify and hold the Auction Company harmless from any lawsuit based on users’ negligence or activities. 19. Online Auction Bidding Software Disclaimer: This is an “As-Is” Site. You accept that you use the Site to your own risk and without any guarantees or promises from the Auction Company. This includes the functionality and operation of the Site. The Auction Company does not guarantee that the Site will be operational 100% of the time. The Auction Company does not guarantee that you will always be able to access the auction items listed on the site. The site is usually available 24 hours a day, 7 days a week. Therefore: The Auction Company shall not be liable for any damages arising from any interruption, suspension, or termination of the site. The Auction Company, in their sole discretion, may: o Terminate, suspend or deny access to any bidder for any reason. o Require the bidder to pre-authorize a refundable security deposit in order to bid. o Terminate or suspend any bidder's registration to bid and the bidder’s account. o Suspend bidding on any individual lot and/or all lots in this auction at any time. o Extend the bidding ending date & time for any individual lot and/or all lots in this auction at any time. Information contained herein believed to be correct but not guaranteed. Announcements communicated on the day of auction or published / distributed on the Internet prior to the stated online auction ending time take precedence over previously published material and oral statements. Thank You For Your Strict Adherence To These Auction Terms & Conditions.