THIS IS A COMPLETED SALE
View current listings by this company
View current listings by this company
SEPT 2020 Online
Previous Page Listing ID#: 230799
Auction Location |
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Elizabethtown, PA 17022 |
Auction Dates and Times |
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Bidding Starts: Tuesday Sep 15 Bidding Ends: Tuesday Sep 22 |
Auction Type |
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Online Auction VIEW ONLINE CATALOG |
Company Information |
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Koser Auction LLC Contact: Koser Auction LLC Phone: 717-367-0283 Website: koserbuildingmaterials.com GoToAuction.com ID#: 3919 View company information and listings |
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Listing Terms and Conditions |
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BIDDER TERMS AND CONDITIONS
These Bidder Terms and Conditions apply to auctions conducted by KOSER AUCTIONS LLC ("Auctioneer"), and
constitute a legal, valid, binding, and enforceable contract between Auctioneer and each Bidder (as defined below). These
Bidder Terms and Conditions also form the basis for the contract of sale between the Seller and the Buyer. For the purposes
of these Bidder Terms and Conditions, the term "YOU" refers to each Bidder.
1. Auction Conducted Under and In Accordance with These Bidder Terms and Conditions, Additional Terms
and Conditions Posted by Auctioneer, and Announcements Made at the Time of the Auction, and Applicable Law.
The Auction is conducted under and in accordance with these Bidder Terms and Conditions, any and all other Terms and
Conditions posted by Auctioneer (whether at the Auction Site or online), any announcements or corrections made by
Auctioneer at the time of the Auction, and applicable law. By participating in the Auction YOU agree to be bound by, and to
abide by, all such Bidder Terms and Conditions.
2. Definitions. The following definitions apply to these Bidder Terms and Conditions for each auction conducted by
Auctioneer:
"Absentee Bid" means a bid submitted to Auctioneer in advance by an Absentee Bidder for the execution during the
Auction under terms established by Auctioneer.
"Absentee Bidder" means a person or entity that submits an Absentee Bid. An absentee Bidder may or may not be
present at the Auction.
"Absolute Auction" or "Absolute" applies only if and when expressly indicated and means that property is sold to the
highest bidder regardless of the amount of the final bid, with no limiting conditions, restrictions, or reservations. This type of
auction is also known as an auction Without Reserve. Provided that a bid is received within a reasonable time after property
is put up at Absolute Auction, the property will be sold to the highest bidder regardless of the final bid amount. Property put
up at Absolute Auction may be withdrawn by Auctioneer if a bid is not received within a reasonable time. UNLESS
SPECIFICALLY AND EXPRESSLY STATED BY AUCTIONEER IN WRITING, NO PROPERTY IS BEING PUT UP AT
ABSOLUTE AUCTION OR WITHOUT RESERVE.
"Auction" means an auction conducted by Auctioneer.
"Auction Site" means the physical location of the Auction.
"Bidder" means any person or entity, and the agents or representatives of any such person or entity, that registers,
and/or bids, and/or buys, and/or otherwise participates in the Auction (including, without being limited to, inspection and/or
pick-up), regardless of whether such person or entity tenders a bid.
"Bidder Number" means the number or other identifier issued by Auctioneer to a Bidder for the purposes of
identifying bids to such Bidder.
"Bidder Registration" means the information provided by a Bidder, and the process of registering such Bidder to bid
at the Auction, including the Bidder's agreement to be bound by these Bidder Terms and Conditions.
"Bidder Terms and Conditions" means these Bidder Terms and Conditions.
"Buyer" means the Winning Bidder on a Lot.
"Buyer's Premium" is an amount with respect to each Lot, calculated as a percentage of the Hammer Price, that is
payable by the Buyer to Auctioneer for Auctioneer's own account.
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"Commission" means the amount payable by or on behalf of Seller to Auctioneer for Auctioneer's services,
calculated as a percentage of the Hammer Price.
"Fall of the Hammer" means the point, after bids have been received, at which Auctioneer declares a Lot "sold" to the
Bidder acknowledged by Auctioneer as having made the Winning Bid.
"Hammer Price" means the high bid amount recognized by Auctioneer with the Fall of the Hammer.
"High Bid" means the high bid amount recognized by Auctioneer at the conclusion of bidding on a Lot.
"High Bidder" means the Bidder recognized by Auctioneer as having made the High Bid with respect to a Lot.
"Knocked Down" or "Knock Down" means, with respect to any Property put up at the Auction, that Auctioneer has
acknowledged the Winning Bid with the Fall of the Hammer, or by announcing "sold", or by giving a similar such indication.
(Also, "Struck Off" or "Strikes Off").
"Lot" means each individual item or grouping of personal property exposed for sale at one time by Auctioneer.
"No Sale" occurs if Property is put up at the Auction but is not Struck Off or sold, and Auctioneer passes on such
Property or declares a No Sale.
"Private Sale" means an event in which Property is sold by Seller, or on Seller's behalf, other than at the Auction
(including a sale at an auction conducted by a person or entity other than Auctioneer).
"Private Sale Price" means the fair market purchase price of the Property paid, or agreed to, at a Private Sale in an
arms-length transaction between Seller and the purchaser of the Property. If the Property is sold through a Private Sale for
less than its fair market value, or in a transaction that is not an arms-length transaction, or is gifted by Seller, the Private Sale
Price will be an amount equal to the fair market value of the Property in an arms-length transaction.
"Purchase Price" means an amount equal to the Hammer Price plus the Buyer's Premium.
"Registered Bidder" means a person or entity that has registered to bid at the Auction.
"Registration Deposit" means, if required by Auctioneer, the deposit made by a Registered Bidder in order to register
for the Auction. Auctioneer may require that the Registration Deposit be made in certified funds or in such other form as
determined by Auctioneer in Auctioneer's discretion.
"Reserve" or "With Reserve" means that property put up at auction may be withdrawn by the Auctioneer and/or bids
may be rejected by Auctioneer prior to the Fall of the Hammer. UNLESS SPECIFICALLY AND EXPRESSLY STATED
OTHERWISE BY AUCTIONEER IN WRITING, ALL PROPERTY IS BEING PUT UP WITH RESERVE.
"Reserve Price" means the minimum price that Seller is willing to accept for specific Property. If Property put up
With Reserve is subject to a Reserve Price, such property will not be Struck Off unless the Reserve Price is met or waived.
"Struck Off" or "Strikes Off" means, with respect to any Property put up at the Auction, that Auctioneer has
acknowledged the Winning Bid with the Fall of the Hammer, or by announcing "sold", or by giving a similar such indication.
(Also, "Knocked Down" or "Knock Down").
"Winning Bid" means the highest bid received and accepted by Auctioneer.
"Winning Bidder" means the Bidder who is recognized by Auctioneer as having made the Winning Bid.
"Withdrawn", "Withdrawal", or "Withdraw" refers to the circumstance in which the Property is removed or withdrawn
from the Auction, or in which it is determined that such Property will not be offered or sold at the Auction.
"Without Reserve" means Absolute.
3. Bidder Registration; Bidder Qualification. YOU must register to bid. Auctioneer may establish such Bidder
Registration requirements and Bidder qualifications as Auctioneer determines, in Auctioneer's discretion, to be reasonably
necessary or appropriate. In order to register to bid, YOU must provide such information (including identifying information
and qualifications) as requested by Auctioneer. Auctioneer may refuse to accept a Bidder Registration from any potential
Bidder, may refuse to grant bidding privileges to any potential Bidder, and may revoke the Bidder Registration or bidding
privileges of any Bidder. By registering to bid, YOU represent to Auctioneer that, if YOU are a natural person, YOU are at
least eighteen (18) years of age and that YOU are otherwise legally able to enter into a contract. Each entity (i.e.,
corporation, limited liability company, or other organization) registering to bid represents that it has the power and authority to
register, to bid, and to complete the purchase transaction if it is the Winning Bidder. If bids are made by or on behalf of an
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entity, the entity and any individual making the bid will be jointly and severally liable on account of the bid. YOU acknowledge
and agree that YOU have read, understand, and agree to be bound by, these Bidder Terms and Conditions, any and all other
terms and conditions posted on Auctioneer's website(s). Auctioneer may, in Auctioneer's absolute discretion, receive bids
from a person or entity that has not registered to bid, and/or who has not satisfied all requirements for Bidder Registration,
and/or that has not previously been granted bidding privileges, and, by bidding, such person or entity will be bound by these
Bidder Terms and Conditions, any and all other terms and conditions posted on Auctioneer's website(s). Bidder qualification
provisions are intended for the benefit of Auctioneer and Seller(s), and create no rights or interests in any other persons,
including competing Bidders. Auctioneer and/or Seller(s) may (but will not be required to) waive any Bidder qualifications,
either globally or on a case by case basis.
4. Auction Conducted in the Commonwealth of Pennsylvania. The Auction is conducted in the Commonwealth of
Pennsylvania. All property is offered for sale in the Commonwealth of Pennsylvania, and will be sold and delivered in the
Commonwealth of Pennsylvania. Notwithstanding YOUR physical location, these Bidder Terms and Conditions are entered
into in the Commonwealth of Pennsylvania, all bids and payments are received in the Commonwealth of Pennsylvania, and
all contracts between Seller and Buyer are formed and entered into in the Commonwealth of Pennsylvania, and all Lots will
be delivered in the Commonwealth of Pennsylvania.
5. Buyer's Premium. All Property offered at the Auction is subject to a Buyer's Premium in an amount equal to
Ten percent (10%) of the Hammer Price for each Lot, which will be paid by the Buyer to Auctioneer for
Auctioneer's own account. The Buyer's Premium will be added to the Hammer Price to determine the final Purchase Price.
6. Access to Auction Site. YOU assume all risks associated with their presence at the Auction Site. Any person may
be denied access to the Auction and/or the Auction Site, and may be removed at Auctioneer's discretion.
7. Nature of the Auction. Unless otherwise stated in writing, the Auction will be With Reserve. Auctioneer may
Withdraw any Lot prior to the Fall of the Hammer on such Lot even if bids have been tendered against such Lot.
8. Bidding. YOU may only bid at the Auction by agreeing to be bound by these Bidder Terms and Conditions. By
bidding, YOU acknowledge and agree that YOU are subject to, and bound by, these Bidder Terms and Conditions.
9. No Bid Retraction. YOU may not retract a bid that has been acknowledged by Auctioneer. YOU acknowledge and
agree that Auctioneer is acting in reliance on tendered bids in the conduct of the Auction, and that bid retraction is disruptive
and interferes with the Auction, and that, as an inducement for Auctioneer to accept YOUR Bidder Registration and for YOU
to bid at the Auction, YOU agrees not to withdraw or to attempt to withdraw any tendered bid by YOU or on your behalf.
10. Absentee Bids; Remote Bidding. In Auctioneer's discretion, Auctioneer may receive Absentee Bids and/or bids
tendered by remote Bidders (whether telephonically or otherwise). Absentee Bids may be initiated and advanced in
accordance with Auctioneer's policies and procedures. Auctioneer will make reasonable efforts to execute Absentee Bids,
but Auctioneer will have no liability to any Absentee Bidder for the failure to execute any Absentee Bids for any reason
whatsoever. Each Absentee Bidder acknowledges and agrees that Property may be sold to another Bidder for the maximum
amount of the Absentee Bid based on a bidding sequence that causes another Bidder to reach the such amount first. If the
execution of an Absentee Bid at its maximum amount would require Auctioneer to accept a bid that is less than a full bidding
increment, Auctioneer has the sole and absolute discretion to acknowledge or reject such bid. An Absentee Bidder may
authorize Auctioneer to advance the bid by one or more bidding increments after the maximum amount of the Absentee Bid
is, or would be, reached. The receipt and/or execution of Absentee Bids will not create an agency relationship between
Auctioneer and any Absentee Bidder.
11. Bid Increments. Bid increments are established and controlled by Auctioneer, and may be adjusted or modified in
Auctioneer's sole and absolute discretion.
12. Responsibility for Bids Placed on Bidder Number. YOU are responsible for all bids made using YOUR Bidder
Number. If YOUR Bidder Number is lost, stolen, or misappropriated, YOU should notify Auctioneer immediately, and YOU will
be liable for all bids tendered using your Bidder Number prior to YOUR giving Auctioneer notice that Your Bidder Number was
lost, stolen, or misappropriated. Absent a clerical error, Auctioneer's records will be final and conclusive.
13. Withdrawal of Property by Auctioneer. With the exception of any Lot(s) put up in express terms at Absolute
Auction, Auctioneer has the right to withdraw any and all Lot(s) from the Auction prior to the Fall of the Hammer.
14. Winning Bid; Buyer. Pursuant to these Bidder Terms and Conditions, the Bidder making the Winning Bid for any
Lot will be the Buyer of such Property.
15. All Property Sold "AS IS", "WHERE IS", and "WITH ALL FAULTS". ALL PROPERTY IS BEING OFFERED AND
SOLD IN ITS AS IS/WHERE IS CONDITION AT THE TIME OF THE AUCTION, WITH ALL FAULTS, INCLUDING ANY
HIDDEN DEFECTS OF ANY NATURE. NEITHER AUCTIONEER NOR SELLER MAKES ANY REPRESENTATIONS,
WARRANTIES, OR GUARANTEES WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE NATURE, VALUE,
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SOURCE, AUTHENTICITY, FITNESS, MERCHANTABILITY, AND/OR ANY OTHER ASPECT OR CHARACTERISTICS OF
SUCH PROPERTY. NO STATEMENT ANYWHERE, WHETHER EXPRESS OR IMPLIED, INCLUDING VERBAL
STATEMENTS MADE BY AUCTIONEER, WILL BE DEEMED A WARRANTY OR REPRESENTATION BY AUCTIONEER OR
SELLER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO WARRANTIES OF TITLE,
NON-INFRINGEMENT, AUTHENTICITY, ORIGIN, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, ALL
OF WHICH ARE EXPRESSLY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU CANNOT RELY, AND HAVE
NOT RELIED, ON ANY REPRESENTATION, WARRANTY, OR GUARANTY MADE BY AUCTIONEER TO OR ANY OTHER
PERSON, ORALLY OR IN WRITING, ABOUT ANY LOT. BY BIDDING, YOU ACKNOWLEDGE AND AGREE THAT YOU
HAVE HAD A FULL AND FAIR OPPORTUNITY TO INSPECT THE LOTS, AND THAT YOU ARE RELYING SOLELY ON, OR
THAT YOU HAVE WAIVED, SUCH INSPECTION AND INVESTIGATION (i) IN DETERMINING WHETHER TO BID, (ii) IN
DETERMINING THE AMOUNT OF A BID, AND (iii) IN BIDDING.
16. Announcements. Subject to the limitation set forth in these Bidder Terms and Conditions, all terms and conditions
and other announcements made by Auctioneer on the day of the Auction are binding and take precedence over any
advertisements or listings.
17. Inspection. By bidding, YOU acknowledge and agree that YOU have had a full and fair opportunity to inspect the
Lot(s), and that YOU are relying solely on YOUR inspection and investigation, or that YOU have waived inspection and
investigation, and that you have not relied on any statement, representation, warranty, or guaranty made by Auctioneer or by
any Seller or anyone acting as agent or representative of a Seller. YOU, further, acknowledge and agree that any
photographs or other images of Lot(s) are adequate for YOUR purposes.
18. Description of Lots. Unless otherwise expressly stated otherwise in writing, any description of a Lot is based solely
on visual impression, and is given solely for identification purposes, and does not create any warranty, expressed or implied,
or representation by Auctioneer or Seller.
19. Contract of Sale for Personal Property. No additional or further writing will be required to evidence the existence
of a contract of sale for any Lot Knocked-Down at the Auction regardless of the Purchase Price, and these Bidder Terms and
Conditions, together with Auctioneer's clerking sheets or other physical or digital notation identifying the Lot, the Hammer
Price, and the Buyer, will be conclusive evidence as to the terms of the sale. These Bidder Terms and Conditions will be
incorporated into and made a part of the contract between each Buyer and Seller.
20. Bidding by or on Behalf of Seller. Seller, or those acting on Seller's behalf, may bid at the Auction unless the
Auction is expressly identified as an Absolute Auction that is not a forced or court-ordered sale.
21. Conduct of the Auction. Auctioneer will regulate all matters relating to the conduct of the Auction and Auctioneer's
decisions will be final and binding. Auctioneer will have control over bidding, and Auctioneer will resolve any and all disputes.
Auctioneer may, in Auctioneer's sole and absolute discretion, reopen the bidding if (i) a bid is made while the hammer is
falling in acceptance of a prior bid or while bidding is otherwise being terminated, or (ii) after the Fall of the Hammer or other
termination of the bidding Auctioneer is made aware of a bid that was unnoticed prior to the Fall of the Hammer or other
termination of the bidding, and it is demonstrated to Auctioneer's satisfaction that such bid was, in fact, timely made, or (iii)
after the Fall of the Hammer or other termination of the bidding Auctioneer is made aware that Auctioneer and a bid assistant
or ringman, or multiple bid assistants or ringmen, have acknowledged bids in the same amount bid from different bidders, or
(iv) some other bid dispute arises. Any contract formed with the Fall of the Hammer will be subject to the conditions set forth
in this Section. If bidding is reopened pursuant to this Section, the bid recognized by Auctioneer prior to the reopening of the
bidding will be held, and may not be retracted, and, if no further bids are received, such bid will be the Winning Bid. The
determination of whether to reopen the bidding is within Auctioneer's sole and absolute discretion, Auctioneer is not required
to reopen the bidding, and Auctioneer's determination will be final and conclusive.
22. Title. If YOU are the Winning Bidder on a Lot, YOU will be contractually obligated to pay the Purchase Price for that
Lot. Passage of title from will occur, as follows:
(i) Bidders Physically Present at Auction Site. If YOU are physically present at the Auction Site and YOU
are the Winning Bidder on a Lot, title, possession, and risk of loss will pass to YOU with the Fall of the
Hammer.
(ii) Remote Bidders. If YOU are a remote Bidder, not physically present at the Auction Site, and YOU are the
Winning Bidder on a Lot, title and ownership will not pass to YOU until payment is made and clears, YOU
will, however, be contractually obligated to pay the Purchase Price for each Lot with respect to which you
are the Winning Bidder.
23. Payment.
(i) Bidders Physically Present at Auction Site. If YOU are physically present at the Auction Site, all Lots
must be paid for at the Auction Site at or prior to the close of the Auction.
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(ii) Remote Bidders. If YOU are a remote Bidder, not physically present at the Auction Site, all Lots must be
paid for in-full within 24 Hours (1) days after the close of the Auction.
24. Delivery; Sales Tax. Unless otherwise agreed, all Lots will be delivered to YOU at Auctioneer's location in
Elizabethtown, Pennsylvania. YOU may designate, appoint, and empower an agent to accept delivery of YOUR purchases in
the Commonwealth of Pennsylvania and to arrange for shipment of YOUR property to a location designated by YOU. Unless
an exemption recognized by the state and local taxing authorities in the Commonwealth of Pennsylvania applies, all
purchases are subject to Pennsylvania state sales tax, and any applicable local sales tax charged by a municipality within the
Commonwealth of Pennsylvania. Sales tax will be collected at the point of sale and remitted to the Commonwealth of
Pennsylvania and to any applicable local taxing authorities.
25. Pick-up and Removal; Shipping; Insurance. YOU are responsible for pick-up and removal of Lot(s) purchased by
YOU. Pick-up and removal dates and times will be as posted or announced by Auctioneer. Unless otherwise agreed, YOU
are solely responsibly for the disassembly, rigging, removal, shipping, and transportation of each Lot purchased by YOU.
Disassembly and removal must be done in a workmanlike manner, and YOU will indemnify and hold harmless both
Auctioneer and Seller(s) against any and all damage caused by YOU or YOUR employees, agents, representatives, or
independent contractors in connection with the disassembly or removal of any Lot(s). Any and all damage, including, without
being limited to damage to land or buildings, caused by YOU or by YOUR employees, agents, representatives, or
independent contractors, will be repaired by YOU, or at YOUR expense, to the satisfaction of Auctioneer and Seller(s). Any
Lots shipped to YOU will be via a shipment contract free on board at Auctioneer's location in Lancaster County, Pennsylvania
or at the Auction Site in the Commonwealth of Pennsylvania, as the case may be. Possession and risk of loss will pass to
you at the point of shipment in the Commonwealth of Pennsylvania. YOU are responsible for insuring all Lots purchased by
you.
26. Failure to Pick-up or Arrange for the Delivery; Abandoned Property; Storage. Any Lot(s) not removed within
three pick up days (3) days after the Auction will be deemed abandoned to Auctioneer, even if paid for, and YOU will give up all
rights with respect to such Lot(s). Subject to applicable law, beginning five days (5) days after the Auction, and
continuing until the removal or other disposition of any Lot(s) not been picked-up or removed, a storage charge in the amount
of _______________ Dollars ($__________) per day will accrue, and Auctioneer will have a possessory lien against such
Lot(s) that may be executed on in order to satisfy such storage charges. Under any circumstances, YOU are responsible for
the full purchase price of all Lots Struck Off to YOU.
27. Returned Checks. Any checks that are returned unpaid will be subject to a returned check fee in the amount of
$25.00. In addition to the foregoing, Auc tioneer will be entitled to recover, from the issuer of a returned check, all costs
and expenses, including attorneys' fees, for the collection of payment made in the form of a check that has been returned
unpaid.
28. No Stop Payment Orders or Credit Card Chargebacks. YOU agree that YOU will not, under any circumstances,
(i) issue a stop payment order with respect to any checks issued at or in connection with the Auction, or (ii) initiate a credit
card chargeback with respect to any purchases at the Auction. YOU further agree that if, in violation of these Terms and
Conditions, a stop payment order is issued or a credit card chargeback is initiated, these Bidder Terms and Conditions will be
conclusive evidence of YOUR (i) waiver of any rights to issue a stop payment order or to initiate a credit card chargeback, and
(ii) agreement not to issue a stop payment order or to initiate a credit card chargeback; and YOU acknowledge and agree that
on Auctioneer's presentation of these Bidder Terms and Conditions to the bank, credit card company, or other financial
institution against which a check was drawn or that issued the credit card on which charges were made, such bank, credit
card company, or other financial institution will reverse any stop-payment order and/or reverse or deny any credit card
chargeback, and will re-credit all amounts to or for the account of Auctioneer. If, in violation of these Bidder Terms and
Conditions, YOU issue a stop payment order or initiate a credit card chargeback, YOU will remain liable for all purchases
made at the Auction, and YOU will be responsible for all costs and expenses, including attorneys' fees, incurred by or on
behalf of Auctioneer and/or Seller in challenging the stop payment order or credit card chargeback and/or in collecting
payment. YOU acknowledge and agree that the covenant not to issue a stop payment order or to initiate a credit card
chargeback is a condition to the issuance of a Bidder Number to YOU, and is being made as an inducement for Auctioneer to
accept YOUR Bidder Registration, to issue a Bidder Number to YOU, and to permit YOU to bid at the Auction. YOU
acknowledge and agree that Auctioneer is relying on the covenant not to issue a stop payment order or to initiate a credit card
chargeback in accepting YOUR Bidder Registration, in issuing a Bidder Number, and in permitting YOU to bid at the Auction.
29. Claims. After a Lot has been removed from the Auction Site by YOU, or on YOUR behalf, no claims or returns will
be allowed and no claim will be allowed for adjustments or rescission of any sales based on the failure of a Lot to correspond
with any standard and/or expectation.
30. Buyer Remedies; Bidders/Buyers Not Entitled to Incidental or Consequential Damages. To the extent that
YOU may be entitled to damages or remedies, the sole and exclusive remedy available to YOU is a return of the Purchase
Price actually paid. Under no circumstances will YOU be entitled to incidental or consequential damages, including, without
being limited to, lost profits or reduced productivity. YOU acknowledge and agree that YOU are not entitled to specific
performance or other equitable relief.
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31. Seller Remedies. If YOU breach YOUR obligations under these Terms and Conditions or under a sale contract with
the Seller of any Lot(s), such property may be resold and YOU will be responsible for any and all damages, including any
deficiency or reduction in the Purchase Price, along with incidental damages.
32. Indemnification. YOU agree to indemnify and hold Auctioneer and Seller harmless from any current or future claim
regarding the Auction or the Property, including, without being limited to, fitness, use, damage, safety, or injuries to persons
or property.
33. Private Sale. YOU agree not to enter into, or to agree to enter into, a Priv ate Sale for the purchase of any property
included, or scheduled to be included in, the Auction, prior to or during the Auction. If YOU purchase any property included
in, or scheduled to be included in, the Auction in a Private Sale prior to, or during, or within ten (10) days after the Auction,
Auctioneer will be entitled to receive an amount equal to Auctioneer's full Commission and Buyer's Premium, and YOU and
Seller will be jointly and severally responsible for the payment of such amount.
34. Waiver. Certain provisions of these Bidder Terms and Conditions are for the exclusive benefit of Auctioneer and/or
Seller(s). Such provisions, including, without being limited to, Bidder Registration and qualification requirements, payment
terms, removal and delivery terms, and inspection terms, do not create, and will not be deemed to create, any benefits or
rights in favor of any other persons, including competing Bidders, and may not be enforced by any other persons. Either
globally or on a case by case basis Auctioneer and/or Seller may (but will not be required to) waive any provisions of these
Bidder Terms and Conditions that are intended for the benefit of Auc tioneer and/or Seller.
35. Governing Law; Jurisdiction; Venue; Waiver of Jury Trial. These Bidder Terms and Conditions will be governed
by and construed in accordance with the laws of the Commonwealth of Pennsylvania, including its statutes of limitations, but
without regard to its rules governing conflict of laws. All claims, disputes, and other matters between the parties will be
brought in the state or federal courts sitting in and for Lancaster County, Pennsylvania, which courts will have exclusive
jurisdiction, and will be the exclusive venue, for any and all such claims, disputes, and other matters. YOU irrevocably and
unconditionally (i) agree that any claim, suit or cause of action relating to the Auction, these Bidder Terms and Conditions, or
the transactions contemplated hereby, will be brought in the state or federal courts sitting in and for the Lancaster County,
Pennsylvania; (ii) consent to the jurisdiction of such courts for any such claim, suit or cause of action; (iii) waive any objection
that such party may have to the laying of venue of any such claim, suit or cause of action in such courts; and (iv) waive any
objection to the bringing of such claim, suit or cause of action in such courts on the grounds of forum non conveniens. YOU
waive the right to a jury trial.
36. Attorneys' Fees. YOU breach YOUR obligations under these Bidder Terms and Conditions, Auctioneer and/or
Seller will be entitled to recover all costs and expenses, including attorneys' fees incurred in enforcing their respective rights
hereunder.
37. Acceptance of Bidder Terms and Conditions. YOU acknowledge and agree that YOU have read and accepted
these Bidder Terms and Conditions.
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Listing Information |
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Building Materials, Flooring, Moulding, Appliances, Truck Parts, and much more 3 Ten Point Turbo XLT ll Cross Bow Good Shape , Very Nice, Excellent condition 4 Flooring LVT Coretec Broadway 15.01 sq ft in carton 5x48" 5 Flooring LVT Coretec Music Row 5x48 15.01 sq ft per ct 6 Flooring LVT Coretec Music Row 15.01 sq ft per carton sold by the sq. ft. 7 Flooring LVT Coretec Music Row 15.01 sq ft per carton sold by the sq. ft. 10 Hardwood flooring Red Oak 3 1/4 ". 1040 sq ft Black Pepper on Red Oak 20 sq ft per box/ 52 boxes 40% gloss sold by the square foot 11 Used Refrigerator GE (off-white) 30 x 65" 12 Used Refrigerator GE (off-white) GE off white refrigerator. 30 x 65" 13 Used Refrigerator GE (white) GE white refrigerator. 35 x 60" 14 Used Refrigerator GE (off-white) GE off white refrigerator. 30 x 65". Scratch along side. 15 Used Refrigerator GE (off-white) GE off white refrigerator. 30 x 65" 16 Used Refrigerator GE (off-white) GE off white refrigerator. 30 x 65". Dent in rear corner. 17 Used Refrigerator GE (off-white) 30 x 65". Used. Slight enamel chipping along side. 18 Used Refrigerator GE (off-white) GE off white refrigerator. Used. 30 x 65". 19 Used Refrigerator GE (off-white) GE off white refrigerator. Used. 30 x 65" 20 Used Refrigerator GE (off white) GE off white refrigerator. Used. 30 x 65". Some scratches on both sides of refrigerator. 21 Used Dishwasher GE (off-white) GE dishwasher. Off-white. Standard dishwasher 24 x 35" 22 Used Dishwasher GE (off-white) GE dishwasher. Off white. Standard size 24 x 35" Used 23 Used Dishwasher GE (off-white) GE dishwasher. Off-white. Standard size 24 x 35". Used. 24 Used Dishwasher GE (off-white) GE dishwasher. Off white. Standard size 24 x 35". Used. 25 Used Dishwasher GE (off-white) GE dishwasher. Off-white. Standard size 24 x 35". Some scuffs on door. 26 Used Range GE (off-white) Used. Standard size 30". Slides in along counter top. 27 Used Refrigerator Frigidaire apartment size 24" Steel gray and black. 24 x 58". Used. Slight surface scratch on door. 28 Used Microwave GE (stainless/black) GE microwave. Apartment size. Used. 29 Used Range GE apartment size (black/stainless) Stainless steel and black apartment range, 24 inch. 30 Used Range GE glass top (off-white) GE glass top range. Off-white. Standard size 30 x 36". Slide in. 31 Used Range GE glass top (black) Used. Black glass top standard size 30 x 36" slide in. 32 Used Range GE (off-white) Used. Coil burners. Standard size 30 x 36 inch. Slide in. Off-white. 33 Used Range GE (off-white) Used. Coil burners. Standard size 30 x 36". Slide in. Off white. 34 Used Range GE ( black) Used. Off white with black. Coil burners. Standard size 30 x 36" Slide in. 35 Used Range GE (black) Used. Coil burners. Standard size 30 x 36". Slide in. Black and stainless steel colors. 36 Used Dryer Maytag (white) White. Used. 37 Used Washer Maytag (white) Maytag washer. Used. White. 38 Used Washer Maytag (white) Maytag washer. Used. White. 39 Used Dryer Maytag (white) Maytag dryer. Used. White. 40 Used Washer Maytag (white) Maytag washer. Silver and white. 41 Used Washer Maytag (white) Maytag washer. Used. White. Scratches and blue marks on front panel. 42 Used Washer Maytag (silver/white) Maytag washer. White with silver. Used. 43 Used Washer Maytag (white) Maytag washer. White. Used. Scuffs on edge of lid. 44 Used Washer Maytag (white) Maytag washer. White. Used. 45 Used Washer Maytag (off-white) Maytag washer. Off-white with brown. Used. 46 Used Refrigerator GE (off-white) GE . Used. Off white. 30 x 66" 47 Used Refrigerator GE (off-white) GE refrigerator. Off-white. Used. 30 x 66". 48 Used Refrigerator GE (off-white) GE refrigerator. Off white. Used. 30 x 66". Scratch along side. 49 Used Refrigerator GE (off-white) GE refrigerator. Used. Off-white. 30 x 64". Scratches between freezer and refrigerator door. 50 Used Refrigerator GE (black) GE refrigerator. Used. Black. Scratch along side and in front. 30 x 66". Has an ice maker. 51 Used Refrigerator GE (off-white) GE refrigerator. Off white. Used. Scratches on door and some minor on the side. Light mold on freezer gasket and bottom of refrigerator gasket. 52 Tiffany light fixture Dome light fixture. Colored glass with gold hardware. 53 Chandelier light fixture Three domes 54 Chandelier light fixture Chandelier light fixture. Six Domes. silver hardware. 55 Chandelier light fixture Chandelier light fixture. Six candles. Gold hardware. 56 Ceiling fan Ceiling fan. White with off white dome. Comes with remote control. 57 Ceiling fan Ceiling fan. White with off-white dome. Comes with remote. 58 Used Microwave GE (off-white) Off white. Comes with mounting rack. 59 Used Microwave GE (off-white) GE microwave. Off white. Missing the center holder for the turn plate. Bent side. 61 Lights 3 light sold as a unit 64 36" x 21 vanity with top used Oak base with cultured marble top Faucet 67 Metal shelves white Some damage 70 71 Water softener Lancaster water treatment 74 86 Used Refrigerator GE (stainless steel) Door scratched 29x67 89 Used Refrigerator GE (off white) Damage on side 29x66 97 Interior doors slab 36 inch (qty:2) Some mildew 98 Under mount stainless steel single sink Check photo for size 99 Under mount stainless steel single sink Check photo for size 100 Under mount stainless steel single sink Check photo for size 101 Under mount stainless steel single sink Check photo for size 102 Under mount stainless steel single sink Check photo for size 103 Under mount stainless steel single sink Check photo for size 104 Under mount stainless steel single sink Check photo for size 105 Under mount stainless steel single sink Check photo for size 106 Under mount stainless steel single sink Check photo for size 107 Under mount stainless steel single sink Check photo for size 108 Wood lathe 12 inch Rockwell variable speed With tools 110/230v motor 109 Platform scale/weights 1 - 50 lb weight 1- 100 lb weight 4 - 200 lb weight 115 Stairs check photo for measurements Some damage on bottom 133 Vinyl Siding 5"Dutchlap (Color: Saddle) Parkview D5" Dutchlap 16ft lengh 6 boxes 134 Vinyl Siding 5"Dutchlap (Color: Saddle) Parkview D5" Dutchlap 16ft lengh 8 boxes 135 Vinyl Siding 5" Dutchlap ( Color:Canyon) Parkview D5" 16ft lengh 6 boxes 136 Vinyl Siding 5" Dutchlap (Color: Canyon) Parkview D5" 16ft lengh 8 boxes 137 Vinyl Siding 5" Dutchlap (Color: Canyon) Parkview D5" 16ft lengh 6 boxes 138 Vinyl Siding 5" Dutchlap (Color: Canyon) Parkview D5" 16ft lengh 8 boxes 139 Winch 2500 lb capacity ATV Utility Like new used once 140 Kawasaki Mountain bike 21 speed Kawasaki KDX126FS mountain bike Rear brakes don't work 141 Paint rollers 4 inch (case of 12) 12 rollers per box 142 Vinyl duct tape (box of 24) 24 rolls per box 143 Vinyl duct tape (box of 24) 24 rolls per box 144 Bleach Count 4, 3quart jugs. 146 147 Bed linens king-size light blue 148 Steel Bed frames can be sizes for queen, full or single 149 Spalding golf balls 72 balls per box 150 Twist link chain Zinc coated 75 foot spool 151 Twist link chain Brass plated 70 foot spool 152 Interior latex semi gloss paint white 1 gallon cans 153 Shop vac wet/dry 8 amp No hose 154 Paint sprayer airless HVLP spraystation 3900 No paint gun 156 Igloo cooler 48 quart cooler 157 Coleman cooler 1 handle broken - used 158 Igloo ice cube cooler 48 quart cooler 159 Cedar shingles by the bundle Coverage per bundle is 18.30 sq ft 160 Cedar shingles by the bundle Coverage per bundle is 18.30 sq ft 162 Composite Decking (brown) Decking brown 27 ea at 20' 2ea at 16' 1 ea at 14' 163 Composite Decking (brown) 10 ea at 16 42 ea at 20 ft 164 Composite decking (light brown) Composite decking 20 feet Light brown 1x6x20 48 ea 165 Composite porch flooring (Clay) 1x4x10' Color clay 104pcs 166 1 x 12 x 16 pine tongue and groove rough cut Quantity is in liner feet 167 1 x 12 x 16 pine tongue and groove Sold by liner ft 168 Shingles Owens Corning Shasta white Owens corning shingles Shasta white 169 Fiberglass tonneau cover for a Ford 1-150 truck Fits 2004-2008 truck 5 1/2 ft bed Some scratches 170 Chevrolet Silverado Brush guard Fits Silverado 1500, years 2003-2006 New with some scratches 191 New Tires New check photos for size 192 Fuel pack 4 gallon Flat gas tank for ATV's holds 4 gal. 197 Tool job box - New New Primed 5ft x 2 ft x 28"h 198 Fuel tank- new New Fuel Tank - painted 45 1/2 W x 23 Lx 24H 199 Tool Job box - New New 5' long x 30" deep x 36" high Primed 210 KITCHEN (13pc.) ACADIA WHITE SHAKER KITCHEN ALL-WOOD/SOFT CLOSE 211 KITCHEN (9pc.) 9pc. kitchen White shaker 212 KITCHEN (5pc.) Maple kitchen. 5pcs. 213 KITCHEN (6'-6" starter kitchen) 78" kitchen including pantry 220 Sheet insulation miscellaneous bundle 4x4 and 4x8 sheets. most pieces 2" 221 Insulation 4x4 x4" 2 stacks approx 22 sheets 222 Insulation 4 x 4 by half inch or 1 inch or 2 1/4 Insulation 4 x 4 by half inch or 1 inch or 2 1/4 2stacks mics thickness height 40?? and 48?? Paper backed 223 Insulation 22 sheets 4 inch 4 x 4 Insulation 22 sheets 4 -4 1/2 inch 4 x 4 Paper finish 224 Insulation 4 x 4 x 2 1/2 to 4 1/2 thick 2 stacks approx 25 sheets paper finish 225 Insulation 4 x 4 tapered from 2 1/2 to 1/2 inch 2 stacks approx 63 sheets 226 Insulation 4 x 4 mix 2 inch to 3 inch thick Insulation 4 x 4 mix 2 inch to 3 inch thickness Paper face Approximately 36 sheets 227 Insulation 4 x 4 X 1/2" to 2 1/2" Approximately 64 sheets mix sixes half inch and 2 1/2 Paper finish 228 Insulation 4 x 4 mixed One stack is tapered 2 1/2 to 1 inch Approximate count is 21 One stack is 2 1/2 inch approximate counts 20 Paper face 229 Insulation 4 x 4 mixed thickness is 2" to 3" inch Insulation 4 x 4 mixed thickness is 2 inch to 3 inch Paper faced Approximately 37 sheets 230 Insulation 4 x 4 ones that 4 inch to 2 inch Insulation 4 x 4 two stacks one stack is 4 inch one stack is 2 inch 231 Sheet insulation 4 x 4 sheets 4 1/2" to 2 1/2" Taper, paper faced approx 24 sheets 232 Sheet insulation 4 x 4 sheets 2 1/2" to 1/2" inch taper and 2 1/2 inch to 2 inch taper 233 Sheets insulation 4 x 4 Sheets 2 1/2" to 2" inch taper. paper face 234 Sheets insulation 4 x 4 sheets 2 1/2" to 1/2" inch tapered. Paper face approx 60 sheets 235 Sheets insulation 4 x 4 sheets 2 1/2 inch to 1/2 inch tapered. Paper face approx 60 sheets 236 Sheet insulation 4 x 4 and 4 x 8 sheets miscellaneous thickness 237 Sheets insulation 4 x 4' sheets 4 inch and 4 1/2 inch to 2 1/2 inch taper. 238 Sheet insulation 4 x 4 sheets 4 1/2 inch and 1 1/2 inch to 1/2inch taper 239 Sheet insulation 4 x 4 and 4 x 8 sheets miscellaneous thicknesses 249 Cabinet drawer pulls stainless steel 8 inch seven per box 276 Window tape 6" rolls in carton Window tape 6" rolls in carton 277 Window tape 6" rolls in carton Window tape 6" rolls in carton 278 Window tape 6" rolls in carton Window tape 6" rolls in carton 279 Window tape 6" rolls in carton Window tape 6" rolls in carton 280 Window tape 6" rolls in carton Window tape 6" rolls in carton 281 Window tape 6" rolls in carton Window tape 6" rolls in carton 282 Window tape 6" rolls in carton Window tape 6" rolls in carton 283 Window tape 6" rolls in carton Window tape 6" rolls in carton 284 Window tape 6" rolls in carton Window tape 6" rolls in carton 285 Window tape 6" rolls in carton Window tape 6" rolls in carton 290 Pavers by the skid Lime stone gray ground finish 17 5/8 x 35 3/8 x 2" 22 pieces 291 Pavers by the skid Lime stone gray ground finish 17 585 35 3/8 x 2" 22 pieces 292 Pavers by the skid Approximately 5 7/8 x 11 and three-quarter by 3 inch Antietam tutor finish 96 ft.² 293 Pavers by the skid Charcoal to the finish 23 1/2 x 35/38 x 2" 22 pieces 294 Pavers by the skid Charcoal tutor finish 23 1/2 x 35 3/8 x 2" 22 pieces 295 Pavers by the skid Tan charcoal blend natural finish 4" x 8" x 3" 90 ft.² 296 Pavers by the skid Hexagon 08 inch beveled with spacer 3 inches thick Matrix tutor finish 72.72 ft.² 297 Pavers by the skid Hexagon 08 inch beveled with spacer 3 inches thick Matrix tutor finish 72.72 ft.² 298 Pavers by the skid Hexagon 08 inch beveled with spacer 3 inch thick Matrix tutor finish 72.72 ft.² 299 Pavers by the skid Plank stone 5 7/8 x 36 3/8 x 2" Matrix Tudor Finish 99 ft² or 66 pieces 300 Pavers by the skid Charcoal tutor finish 17 five 8 x 35 3/8 x 3" 67 ft.² or 15 pieces 301 Pavers by the skid 11 and three-quarter by 35 3/8 x 2" Antietam heavy duty finish 132 ft.² or 44 132 ft.² or 44 pieces 302 Pavers by the skid Six-inch parallelogram be with overall length of 16.53" x 3" thick miscellaneous color natural finish 69 ft.² 303 Pavers by the skid 6" parallelogram B 16.53"x3" Misc color Natural finish 304 Pavers by the skid Lime stone gray tutor finish 22 pieces 132 ft.² 23 1/2 x 35 3/8 x 2" 305 Pavers by the skid Find stone gray tutor finish 22 pieces 132 ft.² 23 1/2 x 35 3/8 x 2" 306 Pavers by the skid Pavers by the skid Approximately 4" x 8" x 3" Matrix tutor finish 96 ft.² 307 Pavers by the skid 4" x 8" x 3" glacier white square edge tutor finish 96 ft.² 308 Pavers by the skid 4" x 8" x 3" tan tutor finish 80 ft.² 309 Pavers by the skid Natural charcoal blend tutor finish for inch by 8" x 3" 80 ft.² 310 Pavers by the skid Natural charcoal blend tutor finish 4" x 8" x 3" 96 ft.² 312 Composite decking one by 6 x 16 (Rustic Cedar) Composite decking one by 6 x 16 rustic Cedar 313 314 Composite decking 1 by 6 x 20' (Rustic Cedar) Rustic Cedar - 17 pcs 315 Composite decking one by 6 x 20 (Earthtone) Composite decking one by 6 x 20 earthtone 36 pieces 316 Composite decking 1 x 6 x 20 (cedar) Composite decking cedar 1 x 6 x 20 317 Composite decking 1 x 6 x 12' (cedar) Composite decking 1 x 6 x 12' cedar 318 Composite decking 1 x 6 x 16 (earthtone grooved) Composite decking 1 x 6 x 16 earthtone grooved 320 Composite decking 1 x 6 x 16 (Earthtone) Composite decking 1 x 6 x 16 earth town 321 Composite fasic boards 12" x 12' sold as a lot sold as a lot Composite fasic board mohangany colors 4 pcs1 x 6 x 20 13pcs 12" x 12 facia board 322 Composite decking 1 x 6 x 12' (mahogany) Composite decking 1 x 6 x 12' mahogany 323 Composite facia board 12" x 12 (cedar) sold by the pcs 324 Composite facia board 12" x 12' (rustic Cedar) sold by the pcs Composite facia board 12" x 12' rustic Cedar 325 Composite decking 1 x 6 x 12'( Rustic Cedar) Composite decking 1 x 6 x 12' Eight pieces 326 Composite facia board 12" x 12' (Earthtone) sold by the pcs Composite facia board 12" x 12' earthtone 327 Composite decking one by 6 x 16 (Cedar) Composite decking 1 x 6 x 16 Cedar 328 Composite decking 1 x 6 x 16 & 2 x 6 x 16(Cedar) Composite decking 1 x 6 x 16 and 2 x 6 x 16 40 pieces 1 x 6 x 16 and 7 pieces 2 x 6 x 16 329 Composite decking 1 x 6 x 12 (Earthtone) Earth tone 331 Composite decking 1 x 6 x 12 (Earthstone) Composite decking 1 x 6 x 12 birthstoneWater damaged 332 Screen door 32 x 80 ( white) Screen door 32 x 80 333 Screen door 32 x 80 (white) Screen door white 32 x 80 335 Screen door 32 x 80 (white) Storm door white 32 x 80 336 Astragal kit for screen door (white) Green door 32 x 80 ivory 338 Screen door 32 x 80 (Ivory) Screen door 32 x 80 ivory 341 Screen Door Bronze 36 x 80 Screen door bronze 36 x 80 343 Screen Door Bronze 36 x 80 Screen door bronze 36 x 80 344 Screen Door Clay 36 x 80 Screen door clay 36 x 80 345 Screen door Clay 36 x 80 Screen door clay 36 x 80 346 Astragal Strip for Sreen Door Clay Strip for storm door Clay 347 Screen Door Clay 36 x 80 Storm door clay 36 x 80 348 Screen Door Clay 36 x 80 Screen door play 36x 80 349 Screen Door Clay 36 x 80 Screen door clay 36 x 80 350 Screen Door Clay 36 x 80 Screen door Clay 36 x 80 351 Fire Extinguishers - Dry Chemical Fire extinguishers Check photo for info 352 Fire Extinguishers - Dry Chemical Fire extinguishers Check photo for info 353 Fire Extinguishers - Dry Chemical Fire extinguishers Check photo for info 354 Fire Extinguishers - Dry Chemical Fire extinguishers Check photo for info 355 Fire Extinguishers - Dry Chemical Fire extinguishers Check photo for info 356 Fire Extinguishers - Dry Chemical Fire extinguishers Check photo for info 357 Fire Extinguishers - Dry Chemical Fire extinguishers Check photo for info 358 Fire Extinguishers - Dry Chemical Fire extinguishers Check photo for info 359 Fire Extinguishers - Dry Chemical Fire extinguishers Check photo for info 360 Fire Extinguishers - Dry Chemical Fire extinguishers Check photo for info 361 Fire Extinguishers - Dry Chemical Fire extinguishers Check photo for info 362 Fire Extinguishers - Dry Chemical Fire extinguishers Check photo for info 363 Fire Extinguishers - Dry Chemical Fire extinguishers Check photo for info 364 Fire Extinguishers - Dry Chemical Fire extinguishers Check photo for info 365 Fire Extinguishers - Dry Chemical Fire extinguishers Check photo for info 366 Fire Extinguishers - Dry Chemical Fire extinguishers Check photo for info 367 Fire Extinguishers - Dry Chemical Fire extinguishers Check photo for info 368 Fire Extinguishers - Dry Chemical Fire extinguishers Check photo for info 369 Fire Extinguishers - Dry Chemical Fire extinguishers Check photo for info 370 Fire Extinguishers - Dry Chemical Fire extinguishers Check photo for info 371 Fire Extinguishers - Dry Chemical Fire extinguishers Check photo for info 372 Fire Extinguishers - Dry Chemical Fire extinguishers Check photo for info 373 Fire Extinguishers - Dry Chemical Fire extinguishers Check photo for info 374 Fire Extinguishers - Dry Chemical Fire extinguishers Check photo for info 375 Fire Extinguishers - Dry Chemical Fire extinguishers Check photo for info 376 Fire Extinguishers - Dry Chemical Fire extinguishers Check photo for info 377 Fire Extinguishers - Dry Chemical Fire extinguishers Check photo for info 378 Fire Extinguishers - Dry Chemical Fire extinguishers Check photo for info 379 Anchor bolts/w nuts & washers 1/2 x 10" 50 pcs 380 Anchor bolts/w nuts & washers 1/2 x 10" 50 pcs 381 Anchor bolts/w nuts & washers 1/2 x 10" 50 pcs 382 Anchor bolts/w nuts & washers 1/2 x 10" 50 pcs 383 Anchor bolts/w nuts & washers 1/2 x 10" 50 pcs 384 Anchor bolts/w nuts & washers 1/2 x 10" 50 pcs 385 Masonry wall ties 7" wall ties 7/8" x 7" 22 GA 500 ea 386 Masonry wall ties 7" wall ties 7/8" x 7" 22 GA 500 ea 387 Masonry wall ties 7" wall ties 7/8" x 7" 22 GA 500 ea 388 Masonry wall ties 7" wall ties 7/8" x 7" 22 GA 500 ea 389 Masonry wall ties 7" wall ties 7/8" x 7" 22 GA 500 ea 390 Masonry wall ties 7" wall ties 7/8" x 7" 22 GA 500 ea 428 Primed Fir Base 9/16 x 5 1/4 x 16' Some damage 432 Primed Fir Base 9/16 x 5 1/4 x 16' Some damage on side |
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