RM Clark Box and Pallet Manufacturing Liquidation Auction
Previous Page Listing ID#: 248059

Auction Location

Findlay, OH 45840
Auction Dates and TimesSALE IS COMPLETED
Thursday Dec 10, 2020 Completed
Auction Type
 Live Auction 
Company Information
Bright Star Realty and Auctions, INC

Contact: Loren Beachy
Phone: 574-825-0704
Email: beachyauctions@gmail.com
Website: brightstarauctions.com

GoToAuction.com ID#: 5286
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Listing Terms and Conditions

Bidder Terms and Conditions

These Bidder Terms and Conditions (“Terms”) apply to auctions conducted by BRIGHT STAR REALTY AND AUCTIONS, LLC and constitute a legal, valid, binding, and enforceable contract between Auctioneer and the Bidder. These Terms also form the basis for the final contract of sale between the Seller and the Buyer.
 
  1. Auctions Conducted Under These Terms. The Auction is conducted under and in accordance with these Terms, the Terms posted on Auctioneer’s website, applicable law, and any announcements or corrections made by Auctioneer during the Auction. By participating in the Auction, whether at the auction site, online, telephonically, or through any other means (including Absentee Bid), Bidder agrees to be bound by, and to abide by, these Terms.
 
  1. Auctioneer’s Licensing and Bonding. Auctioneer is licensed and bonded, where required, as follows:
IN, IL , WI , KY , OH , VA , AR , NY, NC, TN, MO .
 
  1. Definitions. The following definitions apply to these Bidder Terms for each auction conducted by Auctioneer: “Absentee Bid” means a bid submitted in advance by an Absentee Bidder for the execution during the Auction. “Absentee Bidder” means a person or entity that submits an Absentee Bid.
“Absolute Auction” or “Absolute” applies only if and when expressly indicated and means that property is to be sold to the highest bidder regardless of the amount of the final bid, with no limiting conditions, restrictions, or reservations. UNLESS SPECIFICALLY AND EXPRESSLY STATED BY AUCTIONEER IN WRITING, NO PROPERTY IS BEING SOLD ABSOLUTE OR AT AN ABSOLUTE AUCTION.
“Auction” means the auction sale at which Auctioneer solicits bids, or is scheduled to solicit bids.
“Auction Site” means the physical location of the Auction, or, for an Auction conducted entirely online, the location at which Property may be inspected and where a Buyer may pick up Personal Property.

“Bidder Number” means the number or other identifier issued by Auctioneer to a Registered Bidder for the purposes of identifying bids to such Registered Bidder.

“Bidder Registration” means the information provided by a prospective Bidder, and the process of registering such prospective Bidder, to bid at the Auction, including the prospective Bidder’s agreement to be bound by these Bidder Terms.

“Broker Participation Fee” means an amount that is paid to a broker who has participated in procuring a Buyer, or has otherwise assisted in facilitating the sale of Property at the Auction, under the Terms and in the amount established by Auctioneer.
"Buyer" means the Winning Bidder with respect to each Lot of Personal Property or of each parcel of Real Property.
"Buyer's Premium" is an amount with respect to each Lot of Personal Property or with respect to each parcel of Real Property sold at the Auction, calculated as a percentage of the Hammer Price, that is payable by the Buyer to Auctioneer for Auctioneer's own account. For Real Property offered Subject to Seller’s Confirmation, the Buyer’s Premium will be calculated on the amount of the High Bid Subject to Confirmation.

“Fall of the Hammer” means the point, after bids have been received, at which Auctioneer declares a Lot of Personal Property or Real Property “sold” to Bidder acknowledged by Auctioneer as having made the Winning Bid. During an auction that is exclusively online, the Fall of the Hammer will occur electronically at the end of timed (or extended) bidding. In an auction that is Subject to Seller’s Confirmation, the Fall of the Hammer will occur on Seller’s Confirmation of the High Bid Subject to Confirmation.

“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 or on a parcel of Real Property.

“High Bid Subject to Confirmation” means the High Bid amount recognized by Auctioneer at the conclusion of bidding on Real Property put up at Auction Subject to Seller’s Conformation. If the High Bid Subject to Conformation is confirmed by Seller, it will be the Hammer Price.
 
“High Bidder” means the Bidder recognized by Auctioneer as having made the High Bid with respect to a Lot or a parcel of Real Property.

"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. Property may be Knocked Down electronically at the conclusion of a timed online auction event.

“Lot” means each individual item or grouping of Personal Property offered at one time by Auctioneer.

“No Sale” occurs if Property is put up at the Auction but is not Knocked Down or sold, and Auctioneer passes on such Property or declares a No Sale.

“Online Auction Platform” means the hardware and software utilized to conduct the Auction online and to facilitate online bidding, including any associated, adjunct, and/or complementary websites, services, premiums and promotions.

“Online Auction Platform Provider” means the provider of the Online Auction Platform and related services to conduct Auction online.

"Online Bidding Period" means, with respect to an Auction conducted in whole or in part online, any established period during which bids may be tendered.

“Participant” means any person who attends, or otherwise participates in, the Auction (in person or remotely). The term Participant includes, but is not limited to, Registered Bidders, Bidder, and Buyers.

“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.

“Property” means the Real Property and the Personal Property.

“Purchase Price” means an amount equal to the Hammer Price or High Bid Subject to Confirmation, as the case may be, 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, in certified funds, made by a Registered Bidder in order to register for the Auction.
“Reserve” or “With Reserve” means that the Auctioneer may Withdraw Property put up at Auction and/or bids may be rejected prior to the Fall of the Hammer. UNLESS SPECIFICALLY AND EXPRESSLY STATED OTHERWISE BY AUCTIONEER IN WRITING, ALL PROPERTY IS BEING WITH RESERVE.

“Reserve Price” means the minimum price that Seller is willing to accept for specific Property.

“Seller’s Confirmation” means Seller’s confirmation, approval, and acceptance of the High Bid Subject to Confirmation acknowledged and recorded by Auctioneer.

“Subject to Seller's Confirmation” means, with respect to any Property expressly identified in this Agreement as being sold Subject to Seller’s Confirmation, that after the High Bid Subject to Seller’s Confirmation has been received and acknowledged by Auctioneer, Seller may determine, in Seller's sole and absolute discretion, to (i) accept such bid or (ii) reject such bid.

“Winning Bid” means the highest bid received and accepted (and if Subject to Seller’s Confirmation, confirmed by
Seller).

"Winning Bidder" means the Bidder who is recognized by Auctioneer as having made the Winning Bid.

“Withdraw” refers to the circumstance in which the Property is removed 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.
 
 
  1. Bidder Registration. All persons desiring to bid at the Auction, must register to bid and be issued a Bidder Number. In order to register to bid, each potential Bidder 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 issue a Bidder Number to any potential Bidder, and, if a Registered Bidder breaches any Bidder Terms or engages in improper conduct, Auctioneer may revoke any Bidder Number. By registering to bid at the Auction, each Registered Bidder acknowledges and agrees that such Registered Bidder has read, understands, and agrees to be bound by, these Bidder Terms. In Auctioneer’s discretion, bids may be received from a person who has not registered to bid, and by placing a bid accepted by Auctioneer such unregistered Bidder will be bound by these Bidder Terms and will immediately complete a Bidder Registration.
 
  1. Auction Conducted in the State of Indiana.
 
    1. For Auctions in the State of Indiana and Online. All Property is offered for sale in the State of Indiana, and will be sold in the State of Indiana. Notwithstanding the physical location of the Bidder or any Participant, these Terms are entered into in the State of Indiana, all bids and payments are received in the State of Indiana, and the Realty Purchase Agreement, if any, will be formed and entered into in the State of Indiana.
    2. For Auctions outside of the State of Indiana. All Property is offered for sale in the state of the Auction Site, and will be sold in the state of the Auction Site. Notwithstanding the physical location of any Bidder or any Participant, these Terms are entered into in the state of the Auction Site, all bids and payments are received in the state of the Auction Site, and the Realty Purchase Agreement, if any, will be formed and entered into in the state of the Auction Site.
 
  1. Buyer's Premium. All Property offered at the Auction is subject to a Buyer’s Premium, which will be paid by the Buyer to Auctioneer for Auctioneer's own account. The Buyer's Premium will be calculated as a percentage of the Hammer Price, and will be added to the Hammer Price to determine the final Purchase Price. Buyer agrees to pay the Winning Bid plus the applicable Buyer’s Premium.

The Buyer’s Premium for Personal Property will be amount equal to thirteen percent ( 13%) of the Hammer Price for each Lot Knocked Down at the Auction.

The Buyer’s Premium for Real Property will be amount equal to percent ( %) of the Hammer Price for each parcel of Real Property Knocked Down at the Auction.
 
  1. Access to Auction Site. Participants assume all risks associated with their presence at the Auction Site or their access to the online bidding platform utilized by Auctioneer. Any person may be denied access to the Auction, the Auction Site, and the online bidding platform utilized by Auctioneer, and may be removed at Auctioneer’s discretion.
  2. Nature of the Auction.

X The Auction for the Personal Property is an Absolute Auction.

The Auction for the Personal Property is With Reserve. Auctioneer may Withdraw any Lot offered With Reserve prior to the Fall of the Hammer.
 
  1. Bidding. Registered Bidders may only bid at the Auction by agreeing to be bound by these Bidder Terms. By bidding, each Registered Bidder acknowledges and agrees that such Registered Bidder has had a full and fair opportunity to read, and understands, these Bidder Terms, and affirms that such Registered Bidder is subject to and bound by these Bidder Terms.
 
  1. No Bid Retraction. Bidder may not retract a bid that has been acknowledged by Auctioneer or that has been submitted online. Bidder acknowledges and agrees 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 such Bidder’s Bidder Registration and for such Bidder to bid at the Auction, Bidder agrees not to withdraw or to attempt to withdraw any tendered bid that has been acknowledged by Auctioneer.
 
  1. Online Auction. The following terms and conditions apply if the Auction is conducted, in whole or in part, online:
 
    1. Online Bidding Registration. Anyone desiring to bid online, or to establish the possibility of bidding online, will be required to create an online bidding account by completing all necessary forms and providing required information.
 
    1. Bidder Terms and Conditions; Notices and Announcements. The Auction will be conducted in accordance with Auctioneer's Terms and any notices or announcements by Auctioneer and/or posted on Auctioneer's website.
 
    1. Posted Times. All times are based on the Eastern Standard Time zone unless stated otherwise. Posted closing times and time displays are approximate. Auctioneer reserves the right to close early or extend the Auction at any time at Auctioneer’s sole and absolute discretion.
 
    1. Online Bidding Increments. Auctioneer may establish bid increments, and may modify or change bid increments, in Auctioneer's sole and absolute discretion.
 
    1. Records of Online Activity. Absent clerical errors, Auctioneer’s records will be deemed final and conclusive.
 
    1. Technology Disruptions. Auctioneer will not be responsible for technology disruptions, errors, or failures (including disruptions to bidding or the failure to execute, recognize, or record online bids), whether caused by (i) loss of connectivity, breakdown, disruption, or failure of the Online Auction Platform, (ii) breakdown, disruption, or failure of a Bidder's internet connection, computer, or system, (iii) viruses or software malfunction, or (iv) otherwise. Auctioneer may, but will not be required to, continue, suspend, delay, extend, reschedule, or close the Auction because of disruptions caused by technology failures, even after bidding has commenced.
 
    1. Failures by Online Auction Platform Provider and its Affiliates or Contractors. Auctioneer may use an Online Auction Platform Provider to facilitate the Auction. Under no circumstances will Auctioneer be liable for any failure of the Online Auction Platform Provider to perform all or any of its obligations, or for the failure of any affiliates, employees, agents, representatives, or contractors of the Online Auction Platform Provider to perform their obligations.
 
    1. Auto Extend Feature. Any Online Bidding Period may include an auto extend feature. This means that, if an online bid is entered within a set time period approaching the end of the established Online Bidding Period, the Online Bidding Period will automatically be extended for an additional amount of time in increments established by Auctioneer, and will continue to be so extended until there is a set period of time that lapses during which no online bids are received, after which bidding will close.
 
    1. Disclaimer. Auctioneer makes no representations or warranties, and disclaims any representations or warranties,
(i) that the Online Auction Platform or any related website or technology will be uninterrupted, error free or virus free, (ii) as to the results that may be obtained by using the Online Auction Platform or any related website or technology, or (iii) as to the accuracy, completeness, reliability, security, or current nature of the Online Auction Platform or any related website technology.
 
    1. Responsibility for Online Bids. If a Winning Bid is sent to Auctioneer from the computer of a Registered Bidder, and is, thereafter, confirmed by Seller, such Registered Bidder will be the Buyer.
 
    1. No Reduction or Retraction of Competing Online and Onsite Bids. In the event of contemporaneously made online and onsite bids, Auctioneer will determine which bid is the successful bid, and may, in Auctioneer’s discretion, reopen the bidding.
 
    1. Winning Bidders Subject to Certification by Auctioneer. The final determination of the Winning Bidder is subject to certification by Auctioneer; and any email or electronic message (whether generated manually or automatically) is subject to such certification.
 
    1. Online Bids. Online bids may not be reduced or retracted.
 
  1. 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 advances 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 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 accept or reject such bid. An Absentee Bidder may provide instructions to the Auctioneer to advance the bid by one or more bidding increments after the maximum amount of the Absentee Bid is, or would be, reached. Auctioneer acts only as the agent of the Seller, and the receipt and/or execution of Absentee Bids will not create an agency relationship between Auctioneer and any Absentee Bidder.
 
  1. Bid Increments. Bid increments are established and controlled by Auctioneer, and may be adjusted or modified in Auctioneer’s sole and absolute discretion.
 
  1. Registered Bidders Responsible for Bids Placed on Bidder Number. Each Registered Bidder is responsible for the Bidder Number issued to such Registered Bidder. Auctioneer is not responsible for monitoring or policing the use of Bidder Numbers, and each Registered Bidder is responsible for all bids made on the Bidder Number issued to such Registered Bidder even if the Registered Bidder claims that the Bidder Number was lost, stolen, or misappropriated, unless notice of a lost, stolen, or misappropriated Bidder Number was provided to Auctioneer prior to an unauthorized bid being made. Absent a clerical error, Auctioneer’s recording of bids against a Bidder Number will be conclusive as to the making of such bid by, or on behalf of, the Registered Bidder.
 
  1.  
 
  1. Withdrawal of Property. Auctioneer has the absolute right to withdraw any Property from the Auction prior to the Fall of the Hammer, unless the Property is explicitly provided that the Property is being sold at an Absolute Auction.
 
  1. Winning Bid; Buyer. Pursuant to these Bidder Terms, the Bidder making the Winning Bid for any Lot or item of Personal Property or each parcel of Real Property will be the Buyer of such Property.
 
  1. 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, 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. EACH BIDDER ACKNOWLEDGES AND AGREES THAT HE, SHE, OR IT CANNOT RELY, AND HAS NOT RELIED, ON ANY REPRESENTATION, WARRANTY, OR GUARANTY MADE BY THE SELLER OR ANYONE ACTING AS AGENT OF THE SELLER, ORALLY OR IN WRITING, ABOUT THE PROPERTY, OR ANY OF IT. BY BIDDING, EACH BIDDER ACKNOWLEDGES AND AGREES THAT SUCH BIDDER HAS HAD A FULL AND FAIR OPPORTUNITY TO INSPECT THE PROPERTY, AND IS RELYING SOLELY ON, OR HAS WAIVED, SUCH BIDDER’S INSPECTION AND INVESTIGATION (i) IN DETERMINING WHETHER TO BID, (ii) IN DETERMINING THE AMOUNT OF A BID, AND (iii) IN BIDDING.
 
  1. Announcements. Subject to the limitation set forth in these Bidder Terms, 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.
 
  1. Bidder’s Inspection. By bidding, each Bidder acknowledges and agrees that such Bidder has had a full and fair opportunity to inspect the Property, and is relying solely on, or has waived, such Bidder’s inspection and investigation (i) in determining whether to bid, (ii) in determining the amount of a bid, and (iii) in bidding. Bidder accepts any and all risks associated with the purchase and/or use of the Property. Bidder agrees to defend, hold harmless, indemnify, and protect both Auctioneer and Seller from any all claims of injury arising out of or relating to the purchase or use of the Property.
 
  1. Description of Property. Unless otherwise expressly stated otherwise in writing, any description of Property 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
 
  1. Contract of Sale for Personal Property. By operation of these Terms, no additional or further writing will be required to evidence the existence of a contract of sale for any Personal Property Knocked-Down at the Auction regardless of the Purchase Price, and these Bidder Terms, 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 will be incorporated into the contract between each Buyer and Seller.
  1.  
Bidding by or on Behalf of Seller. At an Absolute Auction there is no Seller bidding. The Seller or anyone acting on the Seller’s behalf will not bid (directly or indirectly) on any Property put up at Absolute Auction. At a Reserve Auction, the Seller or anyone acting on the Seller’s behalf will not bid (directly or indirectly) on any Property put up at Reserve Auction, unless the Auctioneer announces and discloses that the Seller (or someone on behalf of the Seller) will be bidding at the Auction.
 
  1. 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. 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) promptly 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) promptly after the Fall of the Hammer or other termination of the bidding Auctioneer is made aware that Auctioneer and a bid assistant or ring man, or multiple bid assistants or ring men, have acknowledged bids in the same amount bid from different bidders, or (iv) some other bid dispute arises, Auctioneer may, in Auctioneer’s sole and absolute discretion, reopen the bidding (but will not be required to). 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.
 
  1. Motor Vehicles and Equipment. Any and all motor vehicles and motorized equipment (including, without being limited to, automobiles, trucks, vans, recreational vehicles, motor cycles, motor scooters, tractors, earth moving equipment and other heavy equipment) must be paid in full prior to removal from the Auction Site; and, if any vehicles or equipment is paid for with a check, the

vehicle or equipment will not be released unless and until the check clears the drawee bank and the funds have been received by Auctioneer.
 
  1. All Sales Final. ALL SALES ARE FINAL. NO REFUNDS OR RETURNS.
 
  1. Sales Tax. Subject to applicable exemptions, if any, each Buyer is responsible for the payment of sales tax for each Lot Knocked- Down at the Auction, which sales tax will be collected by Auctioneer at the time payment is made.
 
  1. Payment. All Personal Property must be paid for in-full by onsite Buyers on the day of the Auction, at or before the conclusion of the Auction, and before any Property is removed from the Auction Site by or on behalf of the Buyer. Online purchases must be paid for within five (5) days after the close of the Auction. Onsite purchases may be paid in cash or approved check, and, when authorized by the Seller and made available by Auctioneer, by credit card or debit card. Online purchases must be paid by credit card or approved check; provided, however, that any online purchases in excess of Two Thousand Five Hundred Dollars ($2,500.00) must be paid by wire transfer or certified funds unless other arrangements are made with Auctioneer in Auctioneer’s sole and absolute discretion.
 
  1. Pick-up and Removal; Shipping. Each Buyer is responsible for removal of Lots purchased at the Auction, including shipping to remote Buyers. Pick-up and removal dates and times will be as posted on Auctioneer’s website or announced at the Auction. Unless otherwise agreed, each Buyer is solely responsible for the disassembly, removal, shipping, and transportation of each Lot purchased by such Buyer. Disassembly and removal shall be done in a workmanlike manner, and each Buyer shall indemnify and hold harmless both Auctioneer and Seller against any and all damage caused by the acts of the Buyer, or such Buyer's employees, agents, representatives, or independent contractors, in connection with the disassembly or removal of any Personal Property. Any and all damages to the Auction Site, including, without being limited to damages to land or buildings, caused by a Buyer or by an employee, agent, representative, or independent contractor of a Buyer, will be repaired by, or at the expense of, such Buyer to the satisfaction of Auctioneer and Seller.
 
  1. Abandoned Items. Any Lots not paid in full, not picked up and removed in the time provided (but, under any circumstances, within thirty (30) days after the Auction), or for which payment has not cleared (within five (5) days after the Auction), will be considered abandoned and may be offered for sale at a later auction or subject to other disposition. Such abandonment does not, however, relieve the Buyer or the Buyer’s obligation to make payment in full. Any payments made by or on behalf of a Buyer are non-refundable, and Buyers will remain responsible for the full purchase price of all Lots sold to them.
 
  1. Returned Checks. Any checks that are returned unpaid will be subject to a returned check fee in the amount of Fifty and 00/100 Dollars ($50.00). In addition to the foregoing, Auctioneer 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.
 
  1. No Stop Payment Orders or Credit Card Chargebacks. Each Bidder agrees that such Bidder 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. Each Bidder further agrees that if, in violation of these Terms, a stop payment order is issued or a credit card chargeback is initiated, these Terms will be conclusive evidence of the Bidder’s (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 each Bidder acknowledges and agrees that on Auctioneer’s presentation of these Terms 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 deny any credit card chargeback, and will re-credit all amounts to or for the account of Auctioneer. If, in violation of these Terms, a Bidder issues a stop payment order or initiates a credit card chargeback, such Bidder, even if successful, will remain liable for all purchases made at the Auction, and 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 in collecting payment. Each Bidder acknowledges and agrees 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 such Bidder, and is being made as an inducement for Auctioneer to accept such Bidder’s Bidder Registration and to issue a Bidder Number. Each Bidder acknowledges and agrees that Auctioneer is relying on the covenant not to issue a stop payment order or to initiate a credit card chargeback in accepting such Bidder’s Bidder Registration and in issuing a Bidder Number.
 
  1. Claims. With respect to Lots removed from the Auction Site by or on behalf of a Buyer, 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 of the Buyer.
 
  1. Risk of Loss for Personal Property. Risk of loss with respect to Personal Property passes to the Buyer with the Fall of the Hammer. Neither Auctioneer nor Seller will be liable for any loss or damage to a Lot after such Lot is sold at the Auction, other than as may be directly and solely caused Auctioneer’s negligence, gross negligence, or intentional misconduct in handling and safeguarding the Lot while in Auctioneer’s sole and exclusive possession.




 
  1. Buyer’s Remedies; Bidders/Buyers Not Entitled to Incidental or Consequential Damages. To the extent that any Bidder or Buyer may be entitled to damages or remedies, the sole and exclusive remedy available to Bidders and Buyers is a return of the Purchase Price actually paid. Under no circumstances will Auctioneer or the Seller be liable for incidental or consequential damages, including, without being limited to lost profits or reduced productivity. Each Bidder acknowledges and agrees that no Bidder or Buyer is entitled
to specific performance or other equitable relief.
 
  1. Seller’s Remedies. If any Buyer breached such Buyer’s obligations under these Terms or under a sale contract with the Seller of Property sold at the Auction, in addition to all other legal and equitable remedies, such property may be resold and the breaching Buyer will be responsible for any and all damages, including any deficiency or reduction in the Purchase Price, along with incidental damages.
 
  1. Indemnification. Each Bidder agrees to indemnify, defend, 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.
 
  1. Private Sale. No Participant or Registered Bidder may offer to enter into a Private Sale for the purchase of any of the Property prior to, during, or after the Auction. If any of the Property is not Knocked Down at the Auction and Bidder enters into an agreement to buy (i) any of the Personal Property from the Seller within ten (10) days after the Auction, and/or (ii) any of the Real Property within ninety (90) days after the Auction, Bidder shall pay to Auctioneer an amount equal to Auctioneer’s full commission and Buyer’s Premium.
 
  1. Waiver. Certain provisions of these Bidder Terms are for the exclusive benefit of Auctioneer and/or Seller(s). Such provisions, including, without being limited to, Bidder registration and qualification requirements, deposit and payment terms (including the method, form, and timing of payment), removal and delivery terms, and Property 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 Terms that are intended for the benefit of Auctioneer and/or Seller.
 
  1. Compliance with the Law. Bidder shall not engage in any illegal conduct on the Auction Site and shall comply with all federal, state, and local laws. Bid pooling occurs when Bidders collude to regulate, and artificially suppress, bidding in an effort to reduce the Hammer Price. Anyone participating in bid pooling will be removed from the Auction Site and referred for prosecution. Theft is a serious offense, and, if discovered, will be prosecuted to the fullest extent of the law. Instances of theft will result in immediate termination of bidding and removal from the Auction Site.
 
  1. Governing Law; Jurisdiction; Venue; Waiver of Jury Trial. These Bidder Terms will be governed by and construed in accordance with the laws of the State of Indiana, 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 Elkhart County, Indiana,, which courts will have exclusive jurisdiction, and will be the exclusive venue, for any and all such claims, disputes, and other matters. By submitting a Bidder Registration and accepting a Bidder Number each Registered Bidder irrevocably and unconditionally (i) agrees that any claim, suit or cause of action relating to these Bidder Terms, or the transactions contemplated hereby, will be brought in the state or federal courts sitting in and for Elkhart County, Indiana,; (ii) consents to the jurisdiction of such courts for any such claim, suit or cause of action; (iii) waives 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) waives any objection to the bringing of such claim, suit or cause of action in such courts on the grounds of forum non conveniens. Each Bidder, Buyer, and other Participants waive the right to a jury trial.
 
  1. Attorneys’ Fees. If any Participant breaches such Participant’s obligations under these Terms, Auctioneer and/or Seller will be entitled to recover all costs and expenses, including attorneys’ fees incurred in enforcing their respective rights hereunder.

 
Listing Information
Box and pallet shop liquidation including ripsaw, Baker resaw, double end tenoner, upcut saws, notchers, forklifts, and various pieces of pallet and box making machinery. Live phone and online bidding available. Contact Myron @ 574-229-4341 to consign equipment for free marketing. 

00
Information Lot
We will begin the auction at 10:00 EST with lot # 123, buyers have until Friday Dec. 18th to remove the equipment, removal of equipment, FREE load out day of auction till 5:00 PM, someone will be onsite Friday and Saturday 8:00 AM till 5:00 PM for load out, load out will be available next week by appointment only, small fees will apply after day of auction, to schedule load out call Eugene 260.350.8953

123
Senco SNS45 16 Gauge Construction Stapler*
N13-21, 1"- 2", Brand new still in box

124
Senco SNS45 16 Gauge Construction Stapler*
N13-21, 1"- 2", Brand new still in box

125
Senco Triggerless Staple Gun
GB021 MII, with air powered feeder system, 1 3/8-2", N16-21, 16 GA

126
Senco Triggerless Staple Gun
GB021 MII, with air powered feeder system, 1 3/8-2", N16-21, 16 GA

127
Senco Triggerless Staple Gun
GB021 MII, with air powered feeder system, 1 3/8-2", N16-21, 16 GA

128
Senco Triggerless Staple Gun
GB021 MII, with air powered feeder system, 1 3/8-2", N16-21, 16 GA

129
Senco Triggerless Staple Gun
GB021 MII, with air powered feeder system, 1 3/8-2", N16-21, 16 GA

130
Senco Staple Gun
SNS40, 16 GA, 1"-2", N13-21

131
Senco Staple Gun
SNS40, 16 GA, 1"-2", N13-22

132
Senco Staple Gun
SNS40, 16 GA, 1"-2", N13-23

133
Senco Staple Gun
GB0214, 16 GA, N/16-21, 1 3/8"-2"

134
Senco Staple Gun
GB0214, 16 GA, N/16-21, 1 3/8"-2"

135
Senco Staple Gun
GF0038, SNS45, 16GA, 1"-2", N 13-21

136
Senco Staple Gun
GF0038, SNS45, 16GA, 1"-2", N 13-22

137
Senco Staple Gun
16 GA, 1"-2", N 13-21

138
Senco Staple Gun
Model SC2, wide crown

139
Senco Staple Gun
GB0215, MI, N13-19, 16GA, 1"-1 3/4"

140
Senco Staple Gun
GB0215, MI, N13-19, 16GA, 1"-1 3/4"

141
Senco Staple Gun
GB0215, MI, N13-19, 16GA, 1"-1 3/4"

142
Senco Staple Gun
Model MIII

143
Senco Triggerless Staple Gun
.

144
Senco Staple Gun
Needs work

145
Senco Crown Staples
7/16" crown, 1 1/2" leg, 16 GA, N17RRBZ, 14 boxes with 4 coils @ 5000 per coil, 20,000 staples per box

146
Containers with Casters
24" X 36" x 24" high, total of 10

147
Cart on Casters
54" x 27" x 60" high, two swivel casters

148
Cart on Casters
54" x 27" x 60" high, two swivel casters

149
Cart on Casters
54" x 27" x 60" high, two swivel casters

150
Cart on Casters
54" x 27" x 60" high, two swivel casters

151
Cart on Casters
54" x 27" x 60" high, 4 swivel casters

152
Steel Table
27" x 26" x 28" high, 1/2" steel top

153
Pallets with Plywood Top
73" x 52 1/2",  4 stringers, various conditions, approx. 200

154
Timberwolf Blower
24", with 10 HP electric motor, brand new

155
Electric Motors
2 and 3 HP motors, total of 9

156
Electric Motors
1.5-2 HP motors, total of 6

157
Miscellaneous
Electric motor, box of various items

158
2 Skids of Miscellaneous
Air cylinders, etc.

159
Aluminum Truck Ramps
.

160
Perska Motors
Total of 20 motors, some work, some need rebuilt, 9 HP, 17,760 RPM, 8 HP, 18,000 RPM, 4 HP, 17,600 RPM, 6 HP, 18,000 RPM

161
3 Wing Cutters
34 small cutters, 37 medium cutters, 34 large cutters

162
Nordson EPC30 Eclipse Series Pattern Control System
Unit No. 772003F01, serial # CA06J00114

163
Nordson EPC30 Eclipse Series Pattern Control System
Unit No. 772003F, serial # AN07F46336

164
Nordson Logicomm Gun Driver
100 V-240V, 48-62 HZ, 3 A, 1 Phase

165
Nordson Logicomm Gun Driver
101 V-240V, 48-62 HZ, 3 A, 1 Phase

166
Nordson HD4A Head Driver
.

167
Skid of Wire
Lots of miscellaneous gauge and lengths

168
Skid of Bearings, Air Cylinders and Saw Blades
6 brand new tungsten carbide, 10" x 40 tooth, 5/8" arbor

169
Skid of Electrical
4 shutoffs, control panel, miscellaneous boxes

170
Skid of Electrical
Wire, conduit, breakers, etc.

171
12 Minisafe Light Curtains and Miscellaneous
Air cylinders, bearing, electric motor

172
Skid of Dust Collectors and Dust Pipe
.

173
1/2" Treated Plywood
3- 4' x 8' pieces, 15- 42" x 48" pieces

174
Skate Rollers
9 1/2" x 90" sections, 17 sections, no legs

175
Skate Rollers
28" x 90" sections with 14" adjustable steel legs, 28" x 120" no legs, 2" x 24" rolls

176
Skate Roller
30" x 96" with 22" adjustable steel legs, 2" x 27 1/2" rolls

177
Skate Roller
24" x 10' with 14" adjustable legs, 21 1/2" x 1 3/8" rolls

178
Skate Roller
30 1/2" x 80" with 31" steel legs, 2" x 26 5/8" rolls

179
Steel Rack
64" x 64"

180
Steel Rack
60" x 62"

181
Steel Rack with Flex Pipe
64" x 64"

182
Skid of Scrap Steel
.

183
Skid of Miscellaneous
14 1/2" x 1 7/8" rolls for roll case, lots of miscellaneous

184
Delta Four-Speed Three-Roller Stock Feeder
Model 36-836, 1 HP, 230 V, 3 Phase, including Delta support stand, both pieces are brand new, still in box, misc. parts for stock feeders

185
Miscellaneous Skid
.

186
Sound Proofing Material
.

187
Ace Dust Collector
Includes wooden work table

188
Machine Stand
20 1/2" x 27 1/2" x 49" high

189
LP Tank For Forklift
Condition unknown

190
48" x 53" Mats
Total of 20, includes everything on skid

191
Dust Pipe
32- 60" sections, 4"-10" diameter, some shorter pieces

192
2- 10" Dust Pipe Elbows
Various other pieces of dust pipe

193
Dust Pipe
26- 60" sections, 5"-14" diameter, some shorter pieces

194
Dust Pipe and Wire Crate
Up to 18" diameter, variety of pieces

195
Dust Pipe and Wire Crate
Up to 18" diameter, variety of pieces and clamps

196
5 " Flex Pipe
.

197
Dust Pipe
14- 60" sections, 4"-16" diameter

198
Bags Particle Board Pieces
1" x 2 1/4" x 5/16"

199
Cardboard Boxes
24" x 21" x 20" high, new, 175+ pieces

200
Cardboard Boxes
24" x 21" x 20" high, new, 300 pieces

201
Alpine Truss Straps
1.5" x 3", 20,400 pieces, new

201A
Dust Pipe*
3 pcs. of 5" x 59" pipe, 14 pcs. of 14" x 59", 5 pcs. of 16" x 59", 6 pcs. of 18" x 59", includes hangers, clamps, elbows, Y's, etc. this pipe is still in excellent condition

202
Steel Cart on Wheels
Full of miscellaneous, nails, N18 staples , truss straps

203
Skid of Senco Staples
16 boxes, 4 coils in a box, N17, 16 gauge, 7/16" crown, 1 1/2" long

204
Skid of Senco Staples
20 boxes, 8 coils in a box, N17, 7/16 " crown, 3/4" long

205
Skid of Senco Staples
40 boxes, 4 coils in a box, N17, 16 gauge, 7/16" crown, 1 1/2" long

206
Skid of Senco Staples
4 coils in a box, N18, 7/16" crown, 1 5/8" long 3- 8 coils in a box, N11, 7/16" crown, 3/4" long

207
Skid of Dust Pipe Fittings
12", 6", 6" blast gate

208
Dust Pipe Fitting
16" elbow, 18" y with 16", 36" long

209
New Dust Pipe
20" x 58"

210
New Dust Pipe
20" x 58"

211
New Dust Pipe
20" x 58"

212
Steel Dust Pipe
8' long with 8- 6" dust ports, 18" hole in one end, 8" in other end

213
Skid of Miscellaneous Dust Pipe
14", 10", 5", 4" various lengths

214
Skid of Dust Pipe
20" elbows

215
Wire Crate filled with Dust Pipe
20", 6", 8" miscellaneous fittings, blast gates

215A
Black Pipe*
1" and 1 1/4", 17 pcs. various lengths 4' - 20'

216
Banding Cart
with crimper, good condition

217
Banding Cart
good condition

218
Skid of Hot Melt Adhesive
8 boxes total, beads/pillows

219
Skid of Dust Bags
8" x 8', good condition

220
Scrap Steel
.

221
Wire Crate full of Miscellaneous
Staples, hoses, etc.

222
Wire Crate full of Miscellaneous
Rollers, crimping tools, etc.

223
Wire Crate full of Miscellaneous
Staple guns, etc.

224
Wire Crate full of Miscellaneous
Staple gun parts, etc.

225
4 new GT speed dials
Includes wire crate of miscelaneous

226
Wire Crate full of Miscellaneous
Mounting brackets, etc.

227
Wire Crate full of Miscellaneous
4 fire extinguishers

228
Wire Crate full of Miscellaneous
Band saw blades, 2 1/2"

229
Wire Crate full of Miscellaneous
Band saw blades, 2 "

250
Wire Crates
48" x 41" x 32" high, total of 3

251
Wire Crates
36" x 36" x 31" high, total of 3

252
Wire Crates
32" x 40" x 30" high, total of 3

253
Wire Crates
42" x 51" x 38" high, total of 3

254
Wire Crates
40" x 48" x 25" high, total of 4

255
Wire Crates
40" x 47" x 31" high, total of 3

256
Wire Crates
42" x 52" x 36" high, total of 3

257
Wire Crates
40" x 48" x 31" high, total of 3

258
Wire Crates
40" x 48" x 24" high, total of 4

259
Wire Crates
36" x 36" x 31" high, total of 3

260
Wire Crates
40" x 48" x 31" high, total of 3

261
Wire Crates
42" x 50" x 36" high, total of 3

262
Wire Crates
36" x 36" x 30" high, total of 3

263
Wire Crates
41" x 48" x 31" high, total of 3

264
Wire Crates
36" x 36" x 31" high, total of 3

265
Wire Crates
46" x 40" x 31" high, total of 3

266
Double Notched Stringers
2" x 4" x 48", approx. 240 pieces, not all of them are notched, includes skid of 2" x 4" x 11 7/8"

267
Pallet Material
3/4" x 2 7/8" x 96", 4 skids

268
3 Skids Assorted Pallet Material
.

269
Craftsman Compound Miter Saw
12", mounted on 26" x 45" x 31" high steel table

270
Chicago Press
Size 131, serial # LW6557, 30 1/2" wide

271
DeWalt Radial Arm Saw
Model GP, serial #30100, 14" blade

272
Camco 8 Station Indexer
Model 1800RDM8H64-270, serial # 00162226, used in custom base manufacturing, includes complete operation

273
Whirlwind Upcut Saw with Tigerstop
Model 212R, serial # 5808116R, 18", right hand, good working machine

274
Whirlwind Upcut Saw with Tigerstop
Model 212L, serial # 3408663L, 18", left hand, good working machine

275
Carbide Tipped Circular Saw Blades
18", total of 4

276
Skate Roller
30" x 10' and 34" x 10', no legs

277
Roach Roll Case
30" x 13' with 35" adjustable legs, electric drive

278
Roll Case
30" x 10' with 13" adjustable legs, no drive

279
Skate Roller
24" x 10' with 13" adjustable legs

280
Skate Roller
19 1/2" x 98" with 42" down to 39" steel legs

281
Base Manufacturing Machine
With router capabilities

282
Base Manufacturing Machine
With boring capabilities, 4 head, 2 HP motors

283
Frame for Base Manufacturing Machine
No motors, was stripped for parts

284
Base Manufacturing Machine
With router capabilities

285
Lauderdale Ripsaw
Was bought new 10 years ago, was only used for half a day, very clean machine

286
West Plains Double Head Notcher
Model BH60N, serial # 0018, 72" capacity with waterfall infeed, 2 set of standard cutter heads

287
West Plains Single Head Notcher
72" capacity, with waterfall infeed, custom cutter head

288
Electrical Box
78" x 84" x 18" deep, was used on Lot # 272

289
Clark Forklift
Model GPS 30, serial # GP138MB.0603.06835, 8381 hrs. 3 stage mast, 6000 lb. lift, side shift, propane, works good, we would like to retain this lift 7 days for loadout if possible 

290
Clark Forklift
Model C500 45, serial # 355 13 5270FA 1083, 3 stage mast, side shift, propane, 4000 lb. lift, motor runs well but needs transmission rebuilt, hours unknown

291
Clark Forklift
Model C500YS-80, serial # Y658-42-3960, 8000 lb. lift, 3 stage mast, propane, shows 2625 hours, needs bottom seal on cylinder repacked, brakes need work

292
Pallet Jacks
Total of 3, not in working condition

293
Outfeed for Whirlwind Upcut Saw
.

294
Precision Chopsaw
18" blade, no tag, works good

295
Storage Locker
60" x 72" x 12" deep, 20 compartments

296
Belt Conveyor on Incline
9' with 12" web, electric drive

297
Safety Step on Wheels
Top step is 57" off ground, 24" wide

298
Ingersoll Rand Compressed Air Dryer
Model TM600, serial # OOKTMA1722, includes tank

299
Stackable Racks
36" x 60", total of 4

300
Comparts Refrigerated Air Dryer
Model CAR-200, serial # 5972, includes electrical panel

301
Wadkin Vertical Ripsaw
Machine No. PBR-85503, 28" wheels, includes power feed (not pictured)

302
Vertical Manufacturing Stands
.

303
Straight Line Ripsaw
With Delta stock feeder

304
Manufacturing Stand
36" x 72"

305
Skate Rollers
28" x 120" with 15" adjustable steel legs, 60" x 27" no legs

306
Manufacturing Stand on wheels
74" x 90" x 49" high, includes air tank and air hoses

307
Stapling Machine Sticker Shaft
Has some wear.

308
Air Tank
Includes bracket with air cylinder

309
Steel Work Bench
24" x 68" x 36" high, includes roll cases

310
Wooden Work Bench
36" x 74" 38" high

311
Lewco Belt Conveyor
33" x 60" with 22" steel legs, 29 1/2" web, electric drive

312
Cart on Casters
53" x 54 1/2" x 54" high

312A
Wire
.

312B
Wire
.

312C
Wire
.

312D
Wire
.

313
Manufacturing Stand
18" x 120" with 34" adjustable steel legs

314
Challoner Double End Tenoner
Model 527TS, serial # 400-220, 7' capacity, overall dimensions 12' x 14', good working condition

314A
Central Machinery Dust Collector
3 HP

315
Sullair Screw Compressor
Model 20-100H, serial # 003-60923

316
Air Tank
.

317
Pure Air Refrigerated Air Dryer
Model PS1000, serial # S-8404-0272-100DS 460 V, 3 phase

318
Baker Single Head Resaw with Return
Model BBR-O, serial # 89-061, good running, clean machine

318A
Band Wheels for Baker Resaw
28"

319
Base Manufacturing Machine
With router capabilities

320
Base Manufacturing Machine
With router capabilities

321
Chamfer Machine
4-head, includes control box

322
Thorvie International Sharpener
Works good

323
Cart On Casters*
54" x 27" x 60" high, two swivel casters

324
Cart On Casters*
53" x 54 1/2" x 60" high

325
Belt Conveyor*
14 1/2" x 88" with 27" steel legs, 10" belt, electric drive

326
Safety Step On Casters With Brake*
34" x 22" x 60" high, 3 steps, top step is 30" from floor, has 16 1/2" x 18 1/2" shelf for tools etc.

327
Safety Step On Casters With Brake*
34" x 22" x 60" high, 3 steps, top step is 30" from floor, has 16 1/2" x 18 1/2" shelf for tools etc.

328
Safety Step On Casters With Brake*
34" x 22" x 60" high, 3 steps, top step is 30" from floor, has 16 1/2" x 18 1/2" shelf for tools etc.

329
Safety Step On Casters With Brake*
34" x 22" x 60" high, 3 steps, top step is 30" from floor, has 16 1/2" x 18 1/2" shelf for tools etc.

330
Dayton Portable Oil-Fired Heater*
600,000 BTU's, thermostat controlled

331
Dayton Portable Oil-Fired Heater*
650,000 BTU's, thermostat controlled

332
Sears/Craftsman 17" Drill Press*
1 1/2 HP, 5/8" chuck, 16 speed, speed range 200-3630 RPM, has safety guard

333
Steel Stand*
25" x 29" x 36" high
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Sponsored Links

RM Clark Box and Pallet Manufacturing Liquidation Auction

Bright Star Realty and Auctions, INC

Bright Star Realty and Auctions, INC

Contact: Loren Beachy
Phone: 574-825-0704
Sale Location
400 Crystal Ave.
Findlay, OH 45840
Sale Dates and Times
Thursday Dec 10, 2020 Completed
Sale Terms and Conditions

Bidder Terms and Conditions

These Bidder Terms and Conditions (“Terms”) apply to auctions conducted by BRIGHT STAR REALTY AND AUCTIONS, LLC and constitute a legal, valid, binding, and enforceable contract between Auctioneer and the Bidder. These Terms also form the basis for the final contract of sale between the Seller and the Buyer.
 
  1. Auctions Conducted Under These Terms. The Auction is conducted under and in accordance with these Terms, the Terms posted on Auctioneer’s website, applicable law, and any announcements or corrections made by Auctioneer during the Auction. By participating in the Auction, whether at the auction site, online, telephonically, or through any other means (including Absentee Bid), Bidder agrees to be bound by, and to abide by, these Terms.
 
  1. Auctioneer’s Licensing and Bonding. Auctioneer is licensed and bonded, where required, as follows:
IN, IL , WI , KY , OH , VA , AR , NY, NC, TN, MO .
 
  1. Definitions. The following definitions apply to these Bidder Terms for each auction conducted by Auctioneer: “Absentee Bid” means a bid submitted in advance by an Absentee Bidder for the execution during the Auction. “Absentee Bidder” means a person or entity that submits an Absentee Bid.
“Absolute Auction” or “Absolute” applies only if and when expressly indicated and means that property is to be sold to the highest bidder regardless of the amount of the final bid, with no limiting conditions, restrictions, or reservations. UNLESS SPECIFICALLY AND EXPRESSLY STATED BY AUCTIONEER IN WRITING, NO PROPERTY IS BEING SOLD ABSOLUTE OR AT AN ABSOLUTE AUCTION.
“Auction” means the auction sale at which Auctioneer solicits bids, or is scheduled to solicit bids.
“Auction Site” means the physical location of the Auction, or, for an Auction conducted entirely online, the location at which Property may be inspected and where a Buyer may pick up Personal Property.

“Bidder Number” means the number or other identifier issued by Auctioneer to a Registered Bidder for the purposes of identifying bids to such Registered Bidder.

“Bidder Registration” means the information provided by a prospective Bidder, and the process of registering such prospective Bidder, to bid at the Auction, including the prospective Bidder’s agreement to be bound by these Bidder Terms.

“Broker Participation Fee” means an amount that is paid to a broker who has participated in procuring a Buyer, or has otherwise assisted in facilitating the sale of Property at the Auction, under the Terms and in the amount established by Auctioneer.
"Buyer" means the Winning Bidder with respect to each Lot of Personal Property or of each parcel of Real Property.
"Buyer's Premium" is an amount with respect to each Lot of Personal Property or with respect to each parcel of Real Property sold at the Auction, calculated as a percentage of the Hammer Price, that is payable by the Buyer to Auctioneer for Auctioneer's own account. For Real Property offered Subject to Seller’s Confirmation, the Buyer’s Premium will be calculated on the amount of the High Bid Subject to Confirmation.

“Fall of the Hammer” means the point, after bids have been received, at which Auctioneer declares a Lot of Personal Property or Real Property “sold” to Bidder acknowledged by Auctioneer as having made the Winning Bid. During an auction that is exclusively online, the Fall of the Hammer will occur electronically at the end of timed (or extended) bidding. In an auction that is Subject to Seller’s Confirmation, the Fall of the Hammer will occur on Seller’s Confirmation of the High Bid Subject to Confirmation.

“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 or on a parcel of Real Property.

“High Bid Subject to Confirmation” means the High Bid amount recognized by Auctioneer at the conclusion of bidding on Real Property put up at Auction Subject to Seller’s Conformation. If the High Bid Subject to Conformation is confirmed by Seller, it will be the Hammer Price.
 
“High Bidder” means the Bidder recognized by Auctioneer as having made the High Bid with respect to a Lot or a parcel of Real Property.

"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. Property may be Knocked Down electronically at the conclusion of a timed online auction event.

“Lot” means each individual item or grouping of Personal Property offered at one time by Auctioneer.

“No Sale” occurs if Property is put up at the Auction but is not Knocked Down or sold, and Auctioneer passes on such Property or declares a No Sale.

“Online Auction Platform” means the hardware and software utilized to conduct the Auction online and to facilitate online bidding, including any associated, adjunct, and/or complementary websites, services, premiums and promotions.

“Online Auction Platform Provider” means the provider of the Online Auction Platform and related services to conduct Auction online.

"Online Bidding Period" means, with respect to an Auction conducted in whole or in part online, any established period during which bids may be tendered.

“Participant” means any person who attends, or otherwise participates in, the Auction (in person or remotely). The term Participant includes, but is not limited to, Registered Bidders, Bidder, and Buyers.

“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.

“Property” means the Real Property and the Personal Property.

“Purchase Price” means an amount equal to the Hammer Price or High Bid Subject to Confirmation, as the case may be, 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, in certified funds, made by a Registered Bidder in order to register for the Auction.
“Reserve” or “With Reserve” means that the Auctioneer may Withdraw Property put up at Auction and/or bids may be rejected prior to the Fall of the Hammer. UNLESS SPECIFICALLY AND EXPRESSLY STATED OTHERWISE BY AUCTIONEER IN WRITING, ALL PROPERTY IS BEING WITH RESERVE.

“Reserve Price” means the minimum price that Seller is willing to accept for specific Property.

“Seller’s Confirmation” means Seller’s confirmation, approval, and acceptance of the High Bid Subject to Confirmation acknowledged and recorded by Auctioneer.

“Subject to Seller's Confirmation” means, with respect to any Property expressly identified in this Agreement as being sold Subject to Seller’s Confirmation, that after the High Bid Subject to Seller’s Confirmation has been received and acknowledged by Auctioneer, Seller may determine, in Seller's sole and absolute discretion, to (i) accept such bid or (ii) reject such bid.

“Winning Bid” means the highest bid received and accepted (and if Subject to Seller’s Confirmation, confirmed by
Seller).

"Winning Bidder" means the Bidder who is recognized by Auctioneer as having made the Winning Bid.

“Withdraw” refers to the circumstance in which the Property is removed 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.
 
 
  1. Bidder Registration. All persons desiring to bid at the Auction, must register to bid and be issued a Bidder Number. In order to register to bid, each potential Bidder 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 issue a Bidder Number to any potential Bidder, and, if a Registered Bidder breaches any Bidder Terms or engages in improper conduct, Auctioneer may revoke any Bidder Number. By registering to bid at the Auction, each Registered Bidder acknowledges and agrees that such Registered Bidder has read, understands, and agrees to be bound by, these Bidder Terms. In Auctioneer’s discretion, bids may be received from a person who has not registered to bid, and by placing a bid accepted by Auctioneer such unregistered Bidder will be bound by these Bidder Terms and will immediately complete a Bidder Registration.
 
  1. Auction Conducted in the State of Indiana.
 
    1. For Auctions in the State of Indiana and Online. All Property is offered for sale in the State of Indiana, and will be sold in the State of Indiana. Notwithstanding the physical location of the Bidder or any Participant, these Terms are entered into in the State of Indiana, all bids and payments are received in the State of Indiana, and the Realty Purchase Agreement, if any, will be formed and entered into in the State of Indiana.
    2. For Auctions outside of the State of Indiana. All Property is offered for sale in the state of the Auction Site, and will be sold in the state of the Auction Site. Notwithstanding the physical location of any Bidder or any Participant, these Terms are entered into in the state of the Auction Site, all bids and payments are received in the state of the Auction Site, and the Realty Purchase Agreement, if any, will be formed and entered into in the state of the Auction Site.
 
  1. Buyer's Premium. All Property offered at the Auction is subject to a Buyer’s Premium, which will be paid by the Buyer to Auctioneer for Auctioneer's own account. The Buyer's Premium will be calculated as a percentage of the Hammer Price, and will be added to the Hammer Price to determine the final Purchase Price. Buyer agrees to pay the Winning Bid plus the applicable Buyer’s Premium.

The Buyer’s Premium for Personal Property will be amount equal to thirteen percent ( 13%) of the Hammer Price for each Lot Knocked Down at the Auction.

The Buyer’s Premium for Real Property will be amount equal to percent ( %) of the Hammer Price for each parcel of Real Property Knocked Down at the Auction.
 
  1. Access to Auction Site. Participants assume all risks associated with their presence at the Auction Site or their access to the online bidding platform utilized by Auctioneer. Any person may be denied access to the Auction, the Auction Site, and the online bidding platform utilized by Auctioneer, and may be removed at Auctioneer’s discretion.
  2. Nature of the Auction.

X The Auction for the Personal Property is an Absolute Auction.

The Auction for the Personal Property is With Reserve. Auctioneer may Withdraw any Lot offered With Reserve prior to the Fall of the Hammer.
 
  1. Bidding. Registered Bidders may only bid at the Auction by agreeing to be bound by these Bidder Terms. By bidding, each Registered Bidder acknowledges and agrees that such Registered Bidder has had a full and fair opportunity to read, and understands, these Bidder Terms, and affirms that such Registered Bidder is subject to and bound by these Bidder Terms.
 
  1. No Bid Retraction. Bidder may not retract a bid that has been acknowledged by Auctioneer or that has been submitted online. Bidder acknowledges and agrees 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 such Bidder’s Bidder Registration and for such Bidder to bid at the Auction, Bidder agrees not to withdraw or to attempt to withdraw any tendered bid that has been acknowledged by Auctioneer.
 
  1. Online Auction. The following terms and conditions apply if the Auction is conducted, in whole or in part, online:
 
    1. Online Bidding Registration. Anyone desiring to bid online, or to establish the possibility of bidding online, will be required to create an online bidding account by completing all necessary forms and providing required information.
 
    1. Bidder Terms and Conditions; Notices and Announcements. The Auction will be conducted in accordance with Auctioneer's Terms and any notices or announcements by Auctioneer and/or posted on Auctioneer's website.
 
    1. Posted Times. All times are based on the Eastern Standard Time zone unless stated otherwise. Posted closing times and time displays are approximate. Auctioneer reserves the right to close early or extend the Auction at any time at Auctioneer’s sole and absolute discretion.
 
    1. Online Bidding Increments. Auctioneer may establish bid increments, and may modify or change bid increments, in Auctioneer's sole and absolute discretion.
 
    1. Records of Online Activity. Absent clerical errors, Auctioneer’s records will be deemed final and conclusive.
 
    1. Technology Disruptions. Auctioneer will not be responsible for technology disruptions, errors, or failures (including disruptions to bidding or the failure to execute, recognize, or record online bids), whether caused by (i) loss of connectivity, breakdown, disruption, or failure of the Online Auction Platform, (ii) breakdown, disruption, or failure of a Bidder's internet connection, computer, or system, (iii) viruses or software malfunction, or (iv) otherwise. Auctioneer may, but will not be required to, continue, suspend, delay, extend, reschedule, or close the Auction because of disruptions caused by technology failures, even after bidding has commenced.
 
    1. Failures by Online Auction Platform Provider and its Affiliates or Contractors. Auctioneer may use an Online Auction Platform Provider to facilitate the Auction. Under no circumstances will Auctioneer be liable for any failure of the Online Auction Platform Provider to perform all or any of its obligations, or for the failure of any affiliates, employees, agents, representatives, or contractors of the Online Auction Platform Provider to perform their obligations.
 
    1. Auto Extend Feature. Any Online Bidding Period may include an auto extend feature. This means that, if an online bid is entered within a set time period approaching the end of the established Online Bidding Period, the Online Bidding Period will automatically be extended for an additional amount of time in increments established by Auctioneer, and will continue to be so extended until there is a set period of time that lapses during which no online bids are received, after which bidding will close.
 
    1. Disclaimer. Auctioneer makes no representations or warranties, and disclaims any representations or warranties,
(i) that the Online Auction Platform or any related website or technology will be uninterrupted, error free or virus free, (ii) as to the results that may be obtained by using the Online Auction Platform or any related website or technology, or (iii) as to the accuracy, completeness, reliability, security, or current nature of the Online Auction Platform or any related website technology.
 
    1. Responsibility for Online Bids. If a Winning Bid is sent to Auctioneer from the computer of a Registered Bidder, and is, thereafter, confirmed by Seller, such Registered Bidder will be the Buyer.
 
    1. No Reduction or Retraction of Competing Online and Onsite Bids. In the event of contemporaneously made online and onsite bids, Auctioneer will determine which bid is the successful bid, and may, in Auctioneer’s discretion, reopen the bidding.
 
    1. Winning Bidders Subject to Certification by Auctioneer. The final determination of the Winning Bidder is subject to certification by Auctioneer; and any email or electronic message (whether generated manually or automatically) is subject to such certification.
 
    1. Online Bids. Online bids may not be reduced or retracted.
 
  1. 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 advances 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 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 accept or reject such bid. An Absentee Bidder may provide instructions to the Auctioneer to advance the bid by one or more bidding increments after the maximum amount of the Absentee Bid is, or would be, reached. Auctioneer acts only as the agent of the Seller, and the receipt and/or execution of Absentee Bids will not create an agency relationship between Auctioneer and any Absentee Bidder.
 
  1. Bid Increments. Bid increments are established and controlled by Auctioneer, and may be adjusted or modified in Auctioneer’s sole and absolute discretion.
 
  1. Registered Bidders Responsible for Bids Placed on Bidder Number. Each Registered Bidder is responsible for the Bidder Number issued to such Registered Bidder. Auctioneer is not responsible for monitoring or policing the use of Bidder Numbers, and each Registered Bidder is responsible for all bids made on the Bidder Number issued to such Registered Bidder even if the Registered Bidder claims that the Bidder Number was lost, stolen, or misappropriated, unless notice of a lost, stolen, or misappropriated Bidder Number was provided to Auctioneer prior to an unauthorized bid being made. Absent a clerical error, Auctioneer’s recording of bids against a Bidder Number will be conclusive as to the making of such bid by, or on behalf of, the Registered Bidder.
 
  1.  
 
  1. Withdrawal of Property. Auctioneer has the absolute right to withdraw any Property from the Auction prior to the Fall of the Hammer, unless the Property is explicitly provided that the Property is being sold at an Absolute Auction.
 
  1. Winning Bid; Buyer. Pursuant to these Bidder Terms, the Bidder making the Winning Bid for any Lot or item of Personal Property or each parcel of Real Property will be the Buyer of such Property.
 
  1. 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, 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. EACH BIDDER ACKNOWLEDGES AND AGREES THAT HE, SHE, OR IT CANNOT RELY, AND HAS NOT RELIED, ON ANY REPRESENTATION, WARRANTY, OR GUARANTY MADE BY THE SELLER OR ANYONE ACTING AS AGENT OF THE SELLER, ORALLY OR IN WRITING, ABOUT THE PROPERTY, OR ANY OF IT. BY BIDDING, EACH BIDDER ACKNOWLEDGES AND AGREES THAT SUCH BIDDER HAS HAD A FULL AND FAIR OPPORTUNITY TO INSPECT THE PROPERTY, AND IS RELYING SOLELY ON, OR HAS WAIVED, SUCH BIDDER’S INSPECTION AND INVESTIGATION (i) IN DETERMINING WHETHER TO BID, (ii) IN DETERMINING THE AMOUNT OF A BID, AND (iii) IN BIDDING.
 
  1. Announcements. Subject to the limitation set forth in these Bidder Terms, 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.
 
  1. Bidder’s Inspection. By bidding, each Bidder acknowledges and agrees that such Bidder has had a full and fair opportunity to inspect the Property, and is relying solely on, or has waived, such Bidder’s inspection and investigation (i) in determining whether to bid, (ii) in determining the amount of a bid, and (iii) in bidding. Bidder accepts any and all risks associated with the purchase and/or use of the Property. Bidder agrees to defend, hold harmless, indemnify, and protect both Auctioneer and Seller from any all claims of injury arising out of or relating to the purchase or use of the Property.
 
  1. Description of Property. Unless otherwise expressly stated otherwise in writing, any description of Property 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
 
  1. Contract of Sale for Personal Property. By operation of these Terms, no additional or further writing will be required to evidence the existence of a contract of sale for any Personal Property Knocked-Down at the Auction regardless of the Purchase Price, and these Bidder Terms, 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 will be incorporated into the contract between each Buyer and Seller.
  1.  
Bidding by or on Behalf of Seller. At an Absolute Auction there is no Seller bidding. The Seller or anyone acting on the Seller’s behalf will not bid (directly or indirectly) on any Property put up at Absolute Auction. At a Reserve Auction, the Seller or anyone acting on the Seller’s behalf will not bid (directly or indirectly) on any Property put up at Reserve Auction, unless the Auctioneer announces and discloses that the Seller (or someone on behalf of the Seller) will be bidding at the Auction.
 
  1. 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. 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) promptly 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) promptly after the Fall of the Hammer or other termination of the bidding Auctioneer is made aware that Auctioneer and a bid assistant or ring man, or multiple bid assistants or ring men, have acknowledged bids in the same amount bid from different bidders, or (iv) some other bid dispute arises, Auctioneer may, in Auctioneer’s sole and absolute discretion, reopen the bidding (but will not be required to). 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.
 
  1. Motor Vehicles and Equipment. Any and all motor vehicles and motorized equipment (including, without being limited to, automobiles, trucks, vans, recreational vehicles, motor cycles, motor scooters, tractors, earth moving equipment and other heavy equipment) must be paid in full prior to removal from the Auction Site; and, if any vehicles or equipment is paid for with a check, the

vehicle or equipment will not be released unless and until the check clears the drawee bank and the funds have been received by Auctioneer.
 
  1. All Sales Final. ALL SALES ARE FINAL. NO REFUNDS OR RETURNS.
 
  1. Sales Tax. Subject to applicable exemptions, if any, each Buyer is responsible for the payment of sales tax for each Lot Knocked- Down at the Auction, which sales tax will be collected by Auctioneer at the time payment is made.
 
  1. Payment. All Personal Property must be paid for in-full by onsite Buyers on the day of the Auction, at or before the conclusion of the Auction, and before any Property is removed from the Auction Site by or on behalf of the Buyer. Online purchases must be paid for within five (5) days after the close of the Auction. Onsite purchases may be paid in cash or approved check, and, when authorized by the Seller and made available by Auctioneer, by credit card or debit card. Online purchases must be paid by credit card or approved check; provided, however, that any online purchases in excess of Two Thousand Five Hundred Dollars ($2,500.00) must be paid by wire transfer or certified funds unless other arrangements are made with Auctioneer in Auctioneer’s sole and absolute discretion.
 
  1. Pick-up and Removal; Shipping. Each Buyer is responsible for removal of Lots purchased at the Auction, including shipping to remote Buyers. Pick-up and removal dates and times will be as posted on Auctioneer’s website or announced at the Auction. Unless otherwise agreed, each Buyer is solely responsible for the disassembly, removal, shipping, and transportation of each Lot purchased by such Buyer. Disassembly and removal shall be done in a workmanlike manner, and each Buyer shall indemnify and hold harmless both Auctioneer and Seller against any and all damage caused by the acts of the Buyer, or such Buyer's employees, agents, representatives, or independent contractors, in connection with the disassembly or removal of any Personal Property. Any and all damages to the Auction Site, including, without being limited to damages to land or buildings, caused by a Buyer or by an employee, agent, representative, or independent contractor of a Buyer, will be repaired by, or at the expense of, such Buyer to the satisfaction of Auctioneer and Seller.
 
  1. Abandoned Items. Any Lots not paid in full, not picked up and removed in the time provided (but, under any circumstances, within thirty (30) days after the Auction), or for which payment has not cleared (within five (5) days after the Auction), will be considered abandoned and may be offered for sale at a later auction or subject to other disposition. Such abandonment does not, however, relieve the Buyer or the Buyer’s obligation to make payment in full. Any payments made by or on behalf of a Buyer are non-refundable, and Buyers will remain responsible for the full purchase price of all Lots sold to them.
 
  1. Returned Checks. Any checks that are returned unpaid will be subject to a returned check fee in the amount of Fifty and 00/100 Dollars ($50.00). In addition to the foregoing, Auctioneer 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.
 
  1. No Stop Payment Orders or Credit Card Chargebacks. Each Bidder agrees that such Bidder 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. Each Bidder further agrees that if, in violation of these Terms, a stop payment order is issued or a credit card chargeback is initiated, these Terms will be conclusive evidence of the Bidder’s (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 each Bidder acknowledges and agrees that on Auctioneer’s presentation of these Terms 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 deny any credit card chargeback, and will re-credit all amounts to or for the account of Auctioneer. If, in violation of these Terms, a Bidder issues a stop payment order or initiates a credit card chargeback, such Bidder, even if successful, will remain liable for all purchases made at the Auction, and 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 in collecting payment. Each Bidder acknowledges and agrees 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 such Bidder, and is being made as an inducement for Auctioneer to accept such Bidder’s Bidder Registration and to issue a Bidder Number. Each Bidder acknowledges and agrees that Auctioneer is relying on the covenant not to issue a stop payment order or to initiate a credit card chargeback in accepting such Bidder’s Bidder Registration and in issuing a Bidder Number.
 
  1. Claims. With respect to Lots removed from the Auction Site by or on behalf of a Buyer, 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 of the Buyer.
 
  1. Risk of Loss for Personal Property. Risk of loss with respect to Personal Property passes to the Buyer with the Fall of the Hammer. Neither Auctioneer nor Seller will be liable for any loss or damage to a Lot after such Lot is sold at the Auction, other than as may be directly and solely caused Auctioneer’s negligence, gross negligence, or intentional misconduct in handling and safeguarding the Lot while in Auctioneer’s sole and exclusive possession.




 
  1. Buyer’s Remedies; Bidders/Buyers Not Entitled to Incidental or Consequential Damages. To the extent that any Bidder or Buyer may be entitled to damages or remedies, the sole and exclusive remedy available to Bidders and Buyers is a return of the Purchase Price actually paid. Under no circumstances will Auctioneer or the Seller be liable for incidental or consequential damages, including, without being limited to lost profits or reduced productivity. Each Bidder acknowledges and agrees that no Bidder or Buyer is entitled
to specific performance or other equitable relief.
 
  1. Seller’s Remedies. If any Buyer breached such Buyer’s obligations under these Terms or under a sale contract with the Seller of Property sold at the Auction, in addition to all other legal and equitable remedies, such property may be resold and the breaching Buyer will be responsible for any and all damages, including any deficiency or reduction in the Purchase Price, along with incidental damages.
 
  1. Indemnification. Each Bidder agrees to indemnify, defend, 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.
 
  1. Private Sale. No Participant or Registered Bidder may offer to enter into a Private Sale for the purchase of any of the Property prior to, during, or after the Auction. If any of the Property is not Knocked Down at the Auction and Bidder enters into an agreement to buy (i) any of the Personal Property from the Seller within ten (10) days after the Auction, and/or (ii) any of the Real Property within ninety (90) days after the Auction, Bidder shall pay to Auctioneer an amount equal to Auctioneer’s full commission and Buyer’s Premium.
 
  1. Waiver. Certain provisions of these Bidder Terms are for the exclusive benefit of Auctioneer and/or Seller(s). Such provisions, including, without being limited to, Bidder registration and qualification requirements, deposit and payment terms (including the method, form, and timing of payment), removal and delivery terms, and Property 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 Terms that are intended for the benefit of Auctioneer and/or Seller.
 
  1. Compliance with the Law. Bidder shall not engage in any illegal conduct on the Auction Site and shall comply with all federal, state, and local laws. Bid pooling occurs when Bidders collude to regulate, and artificially suppress, bidding in an effort to reduce the Hammer Price. Anyone participating in bid pooling will be removed from the Auction Site and referred for prosecution. Theft is a serious offense, and, if discovered, will be prosecuted to the fullest extent of the law. Instances of theft will result in immediate termination of bidding and removal from the Auction Site.
 
  1. Governing Law; Jurisdiction; Venue; Waiver of Jury Trial. These Bidder Terms will be governed by and construed in accordance with the laws of the State of Indiana, 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 Elkhart County, Indiana,, which courts will have exclusive jurisdiction, and will be the exclusive venue, for any and all such claims, disputes, and other matters. By submitting a Bidder Registration and accepting a Bidder Number each Registered Bidder irrevocably and unconditionally (i) agrees that any claim, suit or cause of action relating to these Bidder Terms, or the transactions contemplated hereby, will be brought in the state or federal courts sitting in and for Elkhart County, Indiana,; (ii) consents to the jurisdiction of such courts for any such claim, suit or cause of action; (iii) waives 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) waives any objection to the bringing of such claim, suit or cause of action in such courts on the grounds of forum non conveniens. Each Bidder, Buyer, and other Participants waive the right to a jury trial.
 
  1. Attorneys’ Fees. If any Participant breaches such Participant’s obligations under these Terms, Auctioneer and/or Seller will be entitled to recover all costs and expenses, including attorneys’ fees incurred in enforcing their respective rights hereunder.

 
Listing Details
Box and pallet shop liquidation including ripsaw, Baker resaw, double end tenoner, upcut saws, notchers, forklifts, and various pieces of pallet and box making machinery. Live phone and online bidding available. Contact Myron @ 574-229-4341 to consign equipment for free marketing. 

00
Information Lot
We will begin the auction at 10:00 EST with lot # 123, buyers have until Friday Dec. 18th to remove the equipment, removal of equipment, FREE load out day of auction till 5:00 PM, someone will be onsite Friday and Saturday 8:00 AM till 5:00 PM for load out, load out will be available next week by appointment only, small fees will apply after day of auction, to schedule load out call Eugene 260.350.8953

123
Senco SNS45 16 Gauge Construction Stapler*
N13-21, 1"- 2", Brand new still in box

124
Senco SNS45 16 Gauge Construction Stapler*
N13-21, 1"- 2", Brand new still in box

125
Senco Triggerless Staple Gun
GB021 MII, with air powered feeder system, 1 3/8-2", N16-21, 16 GA

126
Senco Triggerless Staple Gun
GB021 MII, with air powered feeder system, 1 3/8-2", N16-21, 16 GA

127
Senco Triggerless Staple Gun
GB021 MII, with air powered feeder system, 1 3/8-2", N16-21, 16 GA

128
Senco Triggerless Staple Gun
GB021 MII, with air powered feeder system, 1 3/8-2", N16-21, 16 GA

129
Senco Triggerless Staple Gun
GB021 MII, with air powered feeder system, 1 3/8-2", N16-21, 16 GA

130
Senco Staple Gun
SNS40, 16 GA, 1"-2", N13-21

131
Senco Staple Gun
SNS40, 16 GA, 1"-2", N13-22

132
Senco Staple Gun
SNS40, 16 GA, 1"-2", N13-23

133
Senco Staple Gun
GB0214, 16 GA, N/16-21, 1 3/8"-2"

134
Senco Staple Gun
GB0214, 16 GA, N/16-21, 1 3/8"-2"

135
Senco Staple Gun
GF0038, SNS45, 16GA, 1"-2", N 13-21

136
Senco Staple Gun
GF0038, SNS45, 16GA, 1"-2", N 13-22

137
Senco Staple Gun
16 GA, 1"-2", N 13-21

138
Senco Staple Gun
Model SC2, wide crown

139
Senco Staple Gun
GB0215, MI, N13-19, 16GA, 1"-1 3/4"

140
Senco Staple Gun
GB0215, MI, N13-19, 16GA, 1"-1 3/4"

141
Senco Staple Gun
GB0215, MI, N13-19, 16GA, 1"-1 3/4"

142
Senco Staple Gun
Model MIII

143
Senco Triggerless Staple Gun
.

144
Senco Staple Gun
Needs work

145
Senco Crown Staples
7/16" crown, 1 1/2" leg, 16 GA, N17RRBZ, 14 boxes with 4 coils @ 5000 per coil, 20,000 staples per box

146
Containers with Casters
24" X 36" x 24" high, total of 10

147
Cart on Casters
54" x 27" x 60" high, two swivel casters

148
Cart on Casters
54" x 27" x 60" high, two swivel casters

149
Cart on Casters
54" x 27" x 60" high, two swivel casters

150
Cart on Casters
54" x 27" x 60" high, two swivel casters

151
Cart on Casters
54" x 27" x 60" high, 4 swivel casters

152
Steel Table
27" x 26" x 28" high, 1/2" steel top

153
Pallets with Plywood Top
73" x 52 1/2",  4 stringers, various conditions, approx. 200

154
Timberwolf Blower
24", with 10 HP electric motor, brand new

155
Electric Motors
2 and 3 HP motors, total of 9

156
Electric Motors
1.5-2 HP motors, total of 6

157
Miscellaneous
Electric motor, box of various items

158
2 Skids of Miscellaneous
Air cylinders, etc.

159
Aluminum Truck Ramps
.

160
Perska Motors
Total of 20 motors, some work, some need rebuilt, 9 HP, 17,760 RPM, 8 HP, 18,000 RPM, 4 HP, 17,600 RPM, 6 HP, 18,000 RPM

161
3 Wing Cutters
34 small cutters, 37 medium cutters, 34 large cutters

162
Nordson EPC30 Eclipse Series Pattern Control System
Unit No. 772003F01, serial # CA06J00114

163
Nordson EPC30 Eclipse Series Pattern Control System
Unit No. 772003F, serial # AN07F46336

164
Nordson Logicomm Gun Driver
100 V-240V, 48-62 HZ, 3 A, 1 Phase

165
Nordson Logicomm Gun Driver
101 V-240V, 48-62 HZ, 3 A, 1 Phase

166
Nordson HD4A Head Driver
.

167
Skid of Wire
Lots of miscellaneous gauge and lengths

168
Skid of Bearings, Air Cylinders and Saw Blades
6 brand new tungsten carbide, 10" x 40 tooth, 5/8" arbor

169
Skid of Electrical
4 shutoffs, control panel, miscellaneous boxes

170
Skid of Electrical
Wire, conduit, breakers, etc.

171
12 Minisafe Light Curtains and Miscellaneous
Air cylinders, bearing, electric motor

172
Skid of Dust Collectors and Dust Pipe
.

173
1/2" Treated Plywood
3- 4' x 8' pieces, 15- 42" x 48" pieces

174
Skate Rollers
9 1/2" x 90" sections, 17 sections, no legs

175
Skate Rollers
28" x 90" sections with 14" adjustable steel legs, 28" x 120" no legs, 2" x 24" rolls

176
Skate Roller
30" x 96" with 22" adjustable steel legs, 2" x 27 1/2" rolls

177
Skate Roller
24" x 10' with 14" adjustable legs, 21 1/2" x 1 3/8" rolls

178
Skate Roller
30 1/2" x 80" with 31" steel legs, 2" x 26 5/8" rolls

179
Steel Rack
64" x 64"

180
Steel Rack
60" x 62"

181
Steel Rack with Flex Pipe
64" x 64"

182
Skid of Scrap Steel
.

183
Skid of Miscellaneous
14 1/2" x 1 7/8" rolls for roll case, lots of miscellaneous

184
Delta Four-Speed Three-Roller Stock Feeder
Model 36-836, 1 HP, 230 V, 3 Phase, including Delta support stand, both pieces are brand new, still in box, misc. parts for stock feeders

185
Miscellaneous Skid
.

186
Sound Proofing Material
.

187
Ace Dust Collector
Includes wooden work table

188
Machine Stand
20 1/2" x 27 1/2" x 49" high

189
LP Tank For Forklift
Condition unknown

190
48" x 53" Mats
Total of 20, includes everything on skid

191
Dust Pipe
32- 60" sections, 4"-10" diameter, some shorter pieces

192
2- 10" Dust Pipe Elbows
Various other pieces of dust pipe

193
Dust Pipe
26- 60" sections, 5"-14" diameter, some shorter pieces

194
Dust Pipe and Wire Crate
Up to 18" diameter, variety of pieces

195
Dust Pipe and Wire Crate
Up to 18" diameter, variety of pieces and clamps

196
5 " Flex Pipe
.

197
Dust Pipe
14- 60" sections, 4"-16" diameter

198
Bags Particle Board Pieces
1" x 2 1/4" x 5/16"

199
Cardboard Boxes
24" x 21" x 20" high, new, 175+ pieces

200
Cardboard Boxes
24" x 21" x 20" high, new, 300 pieces

201
Alpine Truss Straps
1.5" x 3", 20,400 pieces, new

201A
Dust Pipe*
3 pcs. of 5" x 59" pipe, 14 pcs. of 14" x 59", 5 pcs. of 16" x 59", 6 pcs. of 18" x 59", includes hangers, clamps, elbows, Y's, etc. this pipe is still in excellent condition

202
Steel Cart on Wheels
Full of miscellaneous, nails, N18 staples , truss straps

203
Skid of Senco Staples
16 boxes, 4 coils in a box, N17, 16 gauge, 7/16" crown, 1 1/2" long

204
Skid of Senco Staples
20 boxes, 8 coils in a box, N17, 7/16 " crown, 3/4" long

205
Skid of Senco Staples
40 boxes, 4 coils in a box, N17, 16 gauge, 7/16" crown, 1 1/2" long

206
Skid of Senco Staples
4 coils in a box, N18, 7/16" crown, 1 5/8" long 3- 8 coils in a box, N11, 7/16" crown, 3/4" long

207
Skid of Dust Pipe Fittings
12", 6", 6" blast gate

208
Dust Pipe Fitting
16" elbow, 18" y with 16", 36" long

209
New Dust Pipe
20" x 58"

210
New Dust Pipe
20" x 58"

211
New Dust Pipe
20" x 58"

212
Steel Dust Pipe
8' long with 8- 6" dust ports, 18" hole in one end, 8" in other end

213
Skid of Miscellaneous Dust Pipe
14", 10", 5", 4" various lengths

214
Skid of Dust Pipe
20" elbows

215
Wire Crate filled with Dust Pipe
20", 6", 8" miscellaneous fittings, blast gates

215A
Black Pipe*
1" and 1 1/4", 17 pcs. various lengths 4' - 20'

216
Banding Cart
with crimper, good condition

217
Banding Cart
good condition

218
Skid of Hot Melt Adhesive
8 boxes total, beads/pillows

219
Skid of Dust Bags
8" x 8', good condition

220
Scrap Steel
.

221
Wire Crate full of Miscellaneous
Staples, hoses, etc.

222
Wire Crate full of Miscellaneous
Rollers, crimping tools, etc.

223
Wire Crate full of Miscellaneous
Staple guns, etc.

224
Wire Crate full of Miscellaneous
Staple gun parts, etc.

225
4 new GT speed dials
Includes wire crate of miscelaneous

226
Wire Crate full of Miscellaneous
Mounting brackets, etc.

227
Wire Crate full of Miscellaneous
4 fire extinguishers

228
Wire Crate full of Miscellaneous
Band saw blades, 2 1/2"

229
Wire Crate full of Miscellaneous
Band saw blades, 2 "

250
Wire Crates
48" x 41" x 32" high, total of 3

251
Wire Crates
36" x 36" x 31" high, total of 3

252
Wire Crates
32" x 40" x 30" high, total of 3

253
Wire Crates
42" x 51" x 38" high, total of 3

254
Wire Crates
40" x 48" x 25" high, total of 4

255
Wire Crates
40" x 47" x 31" high, total of 3

256
Wire Crates
42" x 52" x 36" high, total of 3

257
Wire Crates
40" x 48" x 31" high, total of 3

258
Wire Crates
40" x 48" x 24" high, total of 4

259
Wire Crates
36" x 36" x 31" high, total of 3

260
Wire Crates
40" x 48" x 31" high, total of 3

261
Wire Crates
42" x 50" x 36" high, total of 3

262
Wire Crates
36" x 36" x 30" high, total of 3

263
Wire Crates
41" x 48" x 31" high, total of 3

264
Wire Crates
36" x 36" x 31" high, total of 3

265
Wire Crates
46" x 40" x 31" high, total of 3

266
Double Notched Stringers
2" x 4" x 48", approx. 240 pieces, not all of them are notched, includes skid of 2" x 4" x 11 7/8"

267
Pallet Material
3/4" x 2 7/8" x 96", 4 skids

268
3 Skids Assorted Pallet Material
.

269
Craftsman Compound Miter Saw
12", mounted on 26" x 45" x 31" high steel table

270
Chicago Press
Size 131, serial # LW6557, 30 1/2" wide

271
DeWalt Radial Arm Saw
Model GP, serial #30100, 14" blade

272
Camco 8 Station Indexer
Model 1800RDM8H64-270, serial # 00162226, used in custom base manufacturing, includes complete operation

273
Whirlwind Upcut Saw with Tigerstop
Model 212R, serial # 5808116R, 18", right hand, good working machine

274
Whirlwind Upcut Saw with Tigerstop
Model 212L, serial # 3408663L, 18", left hand, good working machine

275
Carbide Tipped Circular Saw Blades
18", total of 4

276
Skate Roller
30" x 10' and 34" x 10', no legs

277
Roach Roll Case
30" x 13' with 35" adjustable legs, electric drive

278
Roll Case
30" x 10' with 13" adjustable legs, no drive

279
Skate Roller
24" x 10' with 13" adjustable legs

280
Skate Roller
19 1/2" x 98" with 42" down to 39" steel legs

281
Base Manufacturing Machine
With router capabilities

282
Base Manufacturing Machine
With boring capabilities, 4 head, 2 HP motors

283
Frame for Base Manufacturing Machine
No motors, was stripped for parts

284
Base Manufacturing Machine
With router capabilities

285
Lauderdale Ripsaw
Was bought new 10 years ago, was only used for half a day, very clean machine

286
West Plains Double Head Notcher
Model BH60N, serial # 0018, 72" capacity with waterfall infeed, 2 set of standard cutter heads

287
West Plains Single Head Notcher
72" capacity, with waterfall infeed, custom cutter head

288
Electrical Box
78" x 84" x 18" deep, was used on Lot # 272

289
Clark Forklift
Model GPS 30, serial # GP138MB.0603.06835, 8381 hrs. 3 stage mast, 6000 lb. lift, side shift, propane, works good, we would like to retain this lift 7 days for loadout if possible 

290
Clark Forklift
Model C500 45, serial # 355 13 5270FA 1083, 3 stage mast, side shift, propane, 4000 lb. lift, motor runs well but needs transmission rebuilt, hours unknown

291
Clark Forklift
Model C500YS-80, serial # Y658-42-3960, 8000 lb. lift, 3 stage mast, propane, shows 2625 hours, needs bottom seal on cylinder repacked, brakes need work

292
Pallet Jacks
Total of 3, not in working condition

293
Outfeed for Whirlwind Upcut Saw
.

294
Precision Chopsaw
18" blade, no tag, works good

295
Storage Locker
60" x 72" x 12" deep, 20 compartments

296
Belt Conveyor on Incline
9' with 12" web, electric drive

297
Safety Step on Wheels
Top step is 57" off ground, 24" wide

298
Ingersoll Rand Compressed Air Dryer
Model TM600, serial # OOKTMA1722, includes tank

299
Stackable Racks
36" x 60", total of 4

300
Comparts Refrigerated Air Dryer
Model CAR-200, serial # 5972, includes electrical panel

301
Wadkin Vertical Ripsaw
Machine No. PBR-85503, 28" wheels, includes power feed (not pictured)

302
Vertical Manufacturing Stands
.

303
Straight Line Ripsaw
With Delta stock feeder

304
Manufacturing Stand
36" x 72"

305
Skate Rollers
28" x 120" with 15" adjustable steel legs, 60" x 27" no legs

306
Manufacturing Stand on wheels
74" x 90" x 49" high, includes air tank and air hoses

307
Stapling Machine Sticker Shaft
Has some wear.

308
Air Tank
Includes bracket with air cylinder

309
Steel Work Bench
24" x 68" x 36" high, includes roll cases

310
Wooden Work Bench
36" x 74" 38" high

311
Lewco Belt Conveyor
33" x 60" with 22" steel legs, 29 1/2" web, electric drive

312
Cart on Casters
53" x 54 1/2" x 54" high

312A
Wire
.

312B
Wire
.

312C
Wire
.

312D
Wire
.

313
Manufacturing Stand
18" x 120" with 34" adjustable steel legs

314
Challoner Double End Tenoner
Model 527TS, serial # 400-220, 7' capacity, overall dimensions 12' x 14', good working condition

314A
Central Machinery Dust Collector
3 HP

315
Sullair Screw Compressor
Model 20-100H, serial # 003-60923

316
Air Tank
.

317
Pure Air Refrigerated Air Dryer
Model PS1000, serial # S-8404-0272-100DS 460 V, 3 phase

318
Baker Single Head Resaw with Return
Model BBR-O, serial # 89-061, good running, clean machine

318A
Band Wheels for Baker Resaw
28"

319
Base Manufacturing Machine
With router capabilities

320
Base Manufacturing Machine
With router capabilities

321
Chamfer Machine
4-head, includes control box

322
Thorvie International Sharpener
Works good

323
Cart On Casters*
54" x 27" x 60" high, two swivel casters

324
Cart On Casters*
53" x 54 1/2" x 60" high

325
Belt Conveyor*
14 1/2" x 88" with 27" steel legs, 10" belt, electric drive

326
Safety Step On Casters With Brake*
34" x 22" x 60" high, 3 steps, top step is 30" from floor, has 16 1/2" x 18 1/2" shelf for tools etc.

327
Safety Step On Casters With Brake*
34" x 22" x 60" high, 3 steps, top step is 30" from floor, has 16 1/2" x 18 1/2" shelf for tools etc.

328
Safety Step On Casters With Brake*
34" x 22" x 60" high, 3 steps, top step is 30" from floor, has 16 1/2" x 18 1/2" shelf for tools etc.

329
Safety Step On Casters With Brake*
34" x 22" x 60" high, 3 steps, top step is 30" from floor, has 16 1/2" x 18 1/2" shelf for tools etc.

330
Dayton Portable Oil-Fired Heater*
600,000 BTU's, thermostat controlled

331
Dayton Portable Oil-Fired Heater*
650,000 BTU's, thermostat controlled

332
Sears/Craftsman 17" Drill Press*
1 1/2 HP, 5/8" chuck, 16 speed, speed range 200-3630 RPM, has safety guard

333
Steel Stand*
25" x 29" x 36" high
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RM Clark Box and Pallet Manufacturing Liquidation Auction
 Live Auction
 
Auction Date(s)
Thursday Dec 10, 2020 Completed
Auction Location

Findlay, OH 45840
Company
Bright Star Realty and Auctions, INC

Contact: Loren Beachy
Phone: 574-825-0704
Website: brightstarauctions.com

Listing Terms and Conditions

Bidder Terms and Conditions

These Bidder Terms and Conditions (“Terms”) apply to auctions conducted by BRIGHT STAR REALTY AND AUCTIONS, LLC and constitute a legal, valid, binding, and enforceable contract between Auctioneer and the Bidder. These Terms also form the basis for the final contract of sale between the Seller and the Buyer.
 
  1. Auctions Conducted Under These Terms. The Auction is conducted under and in accordance with these Terms, the Terms posted on Auctioneer’s website, applicable law, and any announcements or corrections made by Auctioneer during the Auction. By participating in the Auction, whether at the auction site, online, telephonically, or through any other means (including Absentee Bid), Bidder agrees to be bound by, and to abide by, these Terms.
 
  1. Auctioneer’s Licensing and Bonding. Auctioneer is licensed and bonded, where required, as follows:
IN, IL , WI , KY , OH , VA , AR , NY, NC, TN, MO .
 
  1. Definitions. The following definitions apply to these Bidder Terms for each auction conducted by Auctioneer: “Absentee Bid” means a bid submitted in advance by an Absentee Bidder for the execution during the Auction. “Absentee Bidder” means a person or entity that submits an Absentee Bid.
“Absolute Auction” or “Absolute” applies only if and when expressly indicated and means that property is to be sold to the highest bidder regardless of the amount of the final bid, with no limiting conditions, restrictions, or reservations. UNLESS SPECIFICALLY AND EXPRESSLY STATED BY AUCTIONEER IN WRITING, NO PROPERTY IS BEING SOLD ABSOLUTE OR AT AN ABSOLUTE AUCTION.
“Auction” means the auction sale at which Auctioneer solicits bids, or is scheduled to solicit bids.
“Auction Site” means the physical location of the Auction, or, for an Auction conducted entirely online, the location at which Property may be inspected and where a Buyer may pick up Personal Property.

“Bidder Number” means the number or other identifier issued by Auctioneer to a Registered Bidder for the purposes of identifying bids to such Registered Bidder.

“Bidder Registration” means the information provided by a prospective Bidder, and the process of registering such prospective Bidder, to bid at the Auction, including the prospective Bidder’s agreement to be bound by these Bidder Terms.

“Broker Participation Fee” means an amount that is paid to a broker who has participated in procuring a Buyer, or has otherwise assisted in facilitating the sale of Property at the Auction, under the Terms and in the amount established by Auctioneer.
"Buyer" means the Winning Bidder with respect to each Lot of Personal Property or of each parcel of Real Property.
"Buyer's Premium" is an amount with respect to each Lot of Personal Property or with respect to each parcel of Real Property sold at the Auction, calculated as a percentage of the Hammer Price, that is payable by the Buyer to Auctioneer for Auctioneer's own account. For Real Property offered Subject to Seller’s Confirmation, the Buyer’s Premium will be calculated on the amount of the High Bid Subject to Confirmation.

“Fall of the Hammer” means the point, after bids have been received, at which Auctioneer declares a Lot of Personal Property or Real Property “sold” to Bidder acknowledged by Auctioneer as having made the Winning Bid. During an auction that is exclusively online, the Fall of the Hammer will occur electronically at the end of timed (or extended) bidding. In an auction that is Subject to Seller’s Confirmation, the Fall of the Hammer will occur on Seller’s Confirmation of the High Bid Subject to Confirmation.

“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 or on a parcel of Real Property.

“High Bid Subject to Confirmation” means the High Bid amount recognized by Auctioneer at the conclusion of bidding on Real Property put up at Auction Subject to Seller’s Conformation. If the High Bid Subject to Conformation is confirmed by Seller, it will be the Hammer Price.
 
“High Bidder” means the Bidder recognized by Auctioneer as having made the High Bid with respect to a Lot or a parcel of Real Property.

"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. Property may be Knocked Down electronically at the conclusion of a timed online auction event.

“Lot” means each individual item or grouping of Personal Property offered at one time by Auctioneer.

“No Sale” occurs if Property is put up at the Auction but is not Knocked Down or sold, and Auctioneer passes on such Property or declares a No Sale.

“Online Auction Platform” means the hardware and software utilized to conduct the Auction online and to facilitate online bidding, including any associated, adjunct, and/or complementary websites, services, premiums and promotions.

“Online Auction Platform Provider” means the provider of the Online Auction Platform and related services to conduct Auction online.

"Online Bidding Period" means, with respect to an Auction conducted in whole or in part online, any established period during which bids may be tendered.

“Participant” means any person who attends, or otherwise participates in, the Auction (in person or remotely). The term Participant includes, but is not limited to, Registered Bidders, Bidder, and Buyers.

“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.

“Property” means the Real Property and the Personal Property.

“Purchase Price” means an amount equal to the Hammer Price or High Bid Subject to Confirmation, as the case may be, 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, in certified funds, made by a Registered Bidder in order to register for the Auction.
“Reserve” or “With Reserve” means that the Auctioneer may Withdraw Property put up at Auction and/or bids may be rejected prior to the Fall of the Hammer. UNLESS SPECIFICALLY AND EXPRESSLY STATED OTHERWISE BY AUCTIONEER IN WRITING, ALL PROPERTY IS BEING WITH RESERVE.

“Reserve Price” means the minimum price that Seller is willing to accept for specific Property.

“Seller’s Confirmation” means Seller’s confirmation, approval, and acceptance of the High Bid Subject to Confirmation acknowledged and recorded by Auctioneer.

“Subject to Seller's Confirmation” means, with respect to any Property expressly identified in this Agreement as being sold Subject to Seller’s Confirmation, that after the High Bid Subject to Seller’s Confirmation has been received and acknowledged by Auctioneer, Seller may determine, in Seller's sole and absolute discretion, to (i) accept such bid or (ii) reject such bid.

“Winning Bid” means the highest bid received and accepted (and if Subject to Seller’s Confirmation, confirmed by
Seller).

"Winning Bidder" means the Bidder who is recognized by Auctioneer as having made the Winning Bid.

“Withdraw” refers to the circumstance in which the Property is removed 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.
 
 
  1. Bidder Registration. All persons desiring to bid at the Auction, must register to bid and be issued a Bidder Number. In order to register to bid, each potential Bidder 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 issue a Bidder Number to any potential Bidder, and, if a Registered Bidder breaches any Bidder Terms or engages in improper conduct, Auctioneer may revoke any Bidder Number. By registering to bid at the Auction, each Registered Bidder acknowledges and agrees that such Registered Bidder has read, understands, and agrees to be bound by, these Bidder Terms. In Auctioneer’s discretion, bids may be received from a person who has not registered to bid, and by placing a bid accepted by Auctioneer such unregistered Bidder will be bound by these Bidder Terms and will immediately complete a Bidder Registration.
 
  1. Auction Conducted in the State of Indiana.
 
    1. For Auctions in the State of Indiana and Online. All Property is offered for sale in the State of Indiana, and will be sold in the State of Indiana. Notwithstanding the physical location of the Bidder or any Participant, these Terms are entered into in the State of Indiana, all bids and payments are received in the State of Indiana, and the Realty Purchase Agreement, if any, will be formed and entered into in the State of Indiana.
    2. For Auctions outside of the State of Indiana. All Property is offered for sale in the state of the Auction Site, and will be sold in the state of the Auction Site. Notwithstanding the physical location of any Bidder or any Participant, these Terms are entered into in the state of the Auction Site, all bids and payments are received in the state of the Auction Site, and the Realty Purchase Agreement, if any, will be formed and entered into in the state of the Auction Site.
 
  1. Buyer's Premium. All Property offered at the Auction is subject to a Buyer’s Premium, which will be paid by the Buyer to Auctioneer for Auctioneer's own account. The Buyer's Premium will be calculated as a percentage of the Hammer Price, and will be added to the Hammer Price to determine the final Purchase Price. Buyer agrees to pay the Winning Bid plus the applicable Buyer’s Premium.

The Buyer’s Premium for Personal Property will be amount equal to thirteen percent ( 13%) of the Hammer Price for each Lot Knocked Down at the Auction.

The Buyer’s Premium for Real Property will be amount equal to percent ( %) of the Hammer Price for each parcel of Real Property Knocked Down at the Auction.
 
  1. Access to Auction Site. Participants assume all risks associated with their presence at the Auction Site or their access to the online bidding platform utilized by Auctioneer. Any person may be denied access to the Auction, the Auction Site, and the online bidding platform utilized by Auctioneer, and may be removed at Auctioneer’s discretion.
  2. Nature of the Auction.

X The Auction for the Personal Property is an Absolute Auction.

The Auction for the Personal Property is With Reserve. Auctioneer may Withdraw any Lot offered With Reserve prior to the Fall of the Hammer.
 
  1. Bidding. Registered Bidders may only bid at the Auction by agreeing to be bound by these Bidder Terms. By bidding, each Registered Bidder acknowledges and agrees that such Registered Bidder has had a full and fair opportunity to read, and understands, these Bidder Terms, and affirms that such Registered Bidder is subject to and bound by these Bidder Terms.
 
  1. No Bid Retraction. Bidder may not retract a bid that has been acknowledged by Auctioneer or that has been submitted online. Bidder acknowledges and agrees 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 such Bidder’s Bidder Registration and for such Bidder to bid at the Auction, Bidder agrees not to withdraw or to attempt to withdraw any tendered bid that has been acknowledged by Auctioneer.
 
  1. Online Auction. The following terms and conditions apply if the Auction is conducted, in whole or in part, online:
 
    1. Online Bidding Registration. Anyone desiring to bid online, or to establish the possibility of bidding online, will be required to create an online bidding account by completing all necessary forms and providing required information.
 
    1. Bidder Terms and Conditions; Notices and Announcements. The Auction will be conducted in accordance with Auctioneer's Terms and any notices or announcements by Auctioneer and/or posted on Auctioneer's website.
 
    1. Posted Times. All times are based on the Eastern Standard Time zone unless stated otherwise. Posted closing times and time displays are approximate. Auctioneer reserves the right to close early or extend the Auction at any time at Auctioneer’s sole and absolute discretion.
 
    1. Online Bidding Increments. Auctioneer may establish bid increments, and may modify or change bid increments, in Auctioneer's sole and absolute discretion.
 
    1. Records of Online Activity. Absent clerical errors, Auctioneer’s records will be deemed final and conclusive.
 
    1. Technology Disruptions. Auctioneer will not be responsible for technology disruptions, errors, or failures (including disruptions to bidding or the failure to execute, recognize, or record online bids), whether caused by (i) loss of connectivity, breakdown, disruption, or failure of the Online Auction Platform, (ii) breakdown, disruption, or failure of a Bidder's internet connection, computer, or system, (iii) viruses or software malfunction, or (iv) otherwise. Auctioneer may, but will not be required to, continue, suspend, delay, extend, reschedule, or close the Auction because of disruptions caused by technology failures, even after bidding has commenced.
 
    1. Failures by Online Auction Platform Provider and its Affiliates or Contractors. Auctioneer may use an Online Auction Platform Provider to facilitate the Auction. Under no circumstances will Auctioneer be liable for any failure of the Online Auction Platform Provider to perform all or any of its obligations, or for the failure of any affiliates, employees, agents, representatives, or contractors of the Online Auction Platform Provider to perform their obligations.
 
    1. Auto Extend Feature. Any Online Bidding Period may include an auto extend feature. This means that, if an online bid is entered within a set time period approaching the end of the established Online Bidding Period, the Online Bidding Period will automatically be extended for an additional amount of time in increments established by Auctioneer, and will continue to be so extended until there is a set period of time that lapses during which no online bids are received, after which bidding will close.
 
    1. Disclaimer. Auctioneer makes no representations or warranties, and disclaims any representations or warranties,
(i) that the Online Auction Platform or any related website or technology will be uninterrupted, error free or virus free, (ii) as to the results that may be obtained by using the Online Auction Platform or any related website or technology, or (iii) as to the accuracy, completeness, reliability, security, or current nature of the Online Auction Platform or any related website technology.
 
    1. Responsibility for Online Bids. If a Winning Bid is sent to Auctioneer from the computer of a Registered Bidder, and is, thereafter, confirmed by Seller, such Registered Bidder will be the Buyer.
 
    1. No Reduction or Retraction of Competing Online and Onsite Bids. In the event of contemporaneously made online and onsite bids, Auctioneer will determine which bid is the successful bid, and may, in Auctioneer’s discretion, reopen the bidding.
 
    1. Winning Bidders Subject to Certification by Auctioneer. The final determination of the Winning Bidder is subject to certification by Auctioneer; and any email or electronic message (whether generated manually or automatically) is subject to such certification.
 
    1. Online Bids. Online bids may not be reduced or retracted.
 
  1. 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 advances 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 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 accept or reject such bid. An Absentee Bidder may provide instructions to the Auctioneer to advance the bid by one or more bidding increments after the maximum amount of the Absentee Bid is, or would be, reached. Auctioneer acts only as the agent of the Seller, and the receipt and/or execution of Absentee Bids will not create an agency relationship between Auctioneer and any Absentee Bidder.
 
  1. Bid Increments. Bid increments are established and controlled by Auctioneer, and may be adjusted or modified in Auctioneer’s sole and absolute discretion.
 
  1. Registered Bidders Responsible for Bids Placed on Bidder Number. Each Registered Bidder is responsible for the Bidder Number issued to such Registered Bidder. Auctioneer is not responsible for monitoring or policing the use of Bidder Numbers, and each Registered Bidder is responsible for all bids made on the Bidder Number issued to such Registered Bidder even if the Registered Bidder claims that the Bidder Number was lost, stolen, or misappropriated, unless notice of a lost, stolen, or misappropriated Bidder Number was provided to Auctioneer prior to an unauthorized bid being made. Absent a clerical error, Auctioneer’s recording of bids against a Bidder Number will be conclusive as to the making of such bid by, or on behalf of, the Registered Bidder.
 
  1.  
 
  1. Withdrawal of Property. Auctioneer has the absolute right to withdraw any Property from the Auction prior to the Fall of the Hammer, unless the Property is explicitly provided that the Property is being sold at an Absolute Auction.
 
  1. Winning Bid; Buyer. Pursuant to these Bidder Terms, the Bidder making the Winning Bid for any Lot or item of Personal Property or each parcel of Real Property will be the Buyer of such Property.
 
  1. 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, 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. EACH BIDDER ACKNOWLEDGES AND AGREES THAT HE, SHE, OR IT CANNOT RELY, AND HAS NOT RELIED, ON ANY REPRESENTATION, WARRANTY, OR GUARANTY MADE BY THE SELLER OR ANYONE ACTING AS AGENT OF THE SELLER, ORALLY OR IN WRITING, ABOUT THE PROPERTY, OR ANY OF IT. BY BIDDING, EACH BIDDER ACKNOWLEDGES AND AGREES THAT SUCH BIDDER HAS HAD A FULL AND FAIR OPPORTUNITY TO INSPECT THE PROPERTY, AND IS RELYING SOLELY ON, OR HAS WAIVED, SUCH BIDDER’S INSPECTION AND INVESTIGATION (i) IN DETERMINING WHETHER TO BID, (ii) IN DETERMINING THE AMOUNT OF A BID, AND (iii) IN BIDDING.
 
  1. Announcements. Subject to the limitation set forth in these Bidder Terms, 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.
 
  1. Bidder’s Inspection. By bidding, each Bidder acknowledges and agrees that such Bidder has had a full and fair opportunity to inspect the Property, and is relying solely on, or has waived, such Bidder’s inspection and investigation (i) in determining whether to bid, (ii) in determining the amount of a bid, and (iii) in bidding. Bidder accepts any and all risks associated with the purchase and/or use of the Property. Bidder agrees to defend, hold harmless, indemnify, and protect both Auctioneer and Seller from any all claims of injury arising out of or relating to the purchase or use of the Property.
 
  1. Description of Property. Unless otherwise expressly stated otherwise in writing, any description of Property 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
 
  1. Contract of Sale for Personal Property. By operation of these Terms, no additional or further writing will be required to evidence the existence of a contract of sale for any Personal Property Knocked-Down at the Auction regardless of the Purchase Price, and these Bidder Terms, 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 will be incorporated into the contract between each Buyer and Seller.
  1.  
Bidding by or on Behalf of Seller. At an Absolute Auction there is no Seller bidding. The Seller or anyone acting on the Seller’s behalf will not bid (directly or indirectly) on any Property put up at Absolute Auction. At a Reserve Auction, the Seller or anyone acting on the Seller’s behalf will not bid (directly or indirectly) on any Property put up at Reserve Auction, unless the Auctioneer announces and discloses that the Seller (or someone on behalf of the Seller) will be bidding at the Auction.
 
  1. 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. 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) promptly 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) promptly after the Fall of the Hammer or other termination of the bidding Auctioneer is made aware that Auctioneer and a bid assistant or ring man, or multiple bid assistants or ring men, have acknowledged bids in the same amount bid from different bidders, or (iv) some other bid dispute arises, Auctioneer may, in Auctioneer’s sole and absolute discretion, reopen the bidding (but will not be required to). 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.
 
  1. Motor Vehicles and Equipment. Any and all motor vehicles and motorized equipment (including, without being limited to, automobiles, trucks, vans, recreational vehicles, motor cycles, motor scooters, tractors, earth moving equipment and other heavy equipment) must be paid in full prior to removal from the Auction Site; and, if any vehicles or equipment is paid for with a check, the

vehicle or equipment will not be released unless and until the check clears the drawee bank and the funds have been received by Auctioneer.
 
  1. All Sales Final. ALL SALES ARE FINAL. NO REFUNDS OR RETURNS.
 
  1. Sales Tax. Subject to applicable exemptions, if any, each Buyer is responsible for the payment of sales tax for each Lot Knocked- Down at the Auction, which sales tax will be collected by Auctioneer at the time payment is made.
 
  1. Payment. All Personal Property must be paid for in-full by onsite Buyers on the day of the Auction, at or before the conclusion of the Auction, and before any Property is removed from the Auction Site by or on behalf of the Buyer. Online purchases must be paid for within five (5) days after the close of the Auction. Onsite purchases may be paid in cash or approved check, and, when authorized by the Seller and made available by Auctioneer, by credit card or debit card. Online purchases must be paid by credit card or approved check; provided, however, that any online purchases in excess of Two Thousand Five Hundred Dollars ($2,500.00) must be paid by wire transfer or certified funds unless other arrangements are made with Auctioneer in Auctioneer’s sole and absolute discretion.
 
  1. Pick-up and Removal; Shipping. Each Buyer is responsible for removal of Lots purchased at the Auction, including shipping to remote Buyers. Pick-up and removal dates and times will be as posted on Auctioneer’s website or announced at the Auction. Unless otherwise agreed, each Buyer is solely responsible for the disassembly, removal, shipping, and transportation of each Lot purchased by such Buyer. Disassembly and removal shall be done in a workmanlike manner, and each Buyer shall indemnify and hold harmless both Auctioneer and Seller against any and all damage caused by the acts of the Buyer, or such Buyer's employees, agents, representatives, or independent contractors, in connection with the disassembly or removal of any Personal Property. Any and all damages to the Auction Site, including, without being limited to damages to land or buildings, caused by a Buyer or by an employee, agent, representative, or independent contractor of a Buyer, will be repaired by, or at the expense of, such Buyer to the satisfaction of Auctioneer and Seller.
 
  1. Abandoned Items. Any Lots not paid in full, not picked up and removed in the time provided (but, under any circumstances, within thirty (30) days after the Auction), or for which payment has not cleared (within five (5) days after the Auction), will be considered abandoned and may be offered for sale at a later auction or subject to other disposition. Such abandonment does not, however, relieve the Buyer or the Buyer’s obligation to make payment in full. Any payments made by or on behalf of a Buyer are non-refundable, and Buyers will remain responsible for the full purchase price of all Lots sold to them.
 
  1. Returned Checks. Any checks that are returned unpaid will be subject to a returned check fee in the amount of Fifty and 00/100 Dollars ($50.00). In addition to the foregoing, Auctioneer 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.
 
  1. No Stop Payment Orders or Credit Card Chargebacks. Each Bidder agrees that such Bidder 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. Each Bidder further agrees that if, in violation of these Terms, a stop payment order is issued or a credit card chargeback is initiated, these Terms will be conclusive evidence of the Bidder’s (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 each Bidder acknowledges and agrees that on Auctioneer’s presentation of these Terms 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 deny any credit card chargeback, and will re-credit all amounts to or for the account of Auctioneer. If, in violation of these Terms, a Bidder issues a stop payment order or initiates a credit card chargeback, such Bidder, even if successful, will remain liable for all purchases made at the Auction, and 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 in collecting payment. Each Bidder acknowledges and agrees 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 such Bidder, and is being made as an inducement for Auctioneer to accept such Bidder’s Bidder Registration and to issue a Bidder Number. Each Bidder acknowledges and agrees that Auctioneer is relying on the covenant not to issue a stop payment order or to initiate a credit card chargeback in accepting such Bidder’s Bidder Registration and in issuing a Bidder Number.
 
  1. Claims. With respect to Lots removed from the Auction Site by or on behalf of a Buyer, 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 of the Buyer.
 
  1. Risk of Loss for Personal Property. Risk of loss with respect to Personal Property passes to the Buyer with the Fall of the Hammer. Neither Auctioneer nor Seller will be liable for any loss or damage to a Lot after such Lot is sold at the Auction, other than as may be directly and solely caused Auctioneer’s negligence, gross negligence, or intentional misconduct in handling and safeguarding the Lot while in Auctioneer’s sole and exclusive possession.




 
  1. Buyer’s Remedies; Bidders/Buyers Not Entitled to Incidental or Consequential Damages. To the extent that any Bidder or Buyer may be entitled to damages or remedies, the sole and exclusive remedy available to Bidders and Buyers is a return of the Purchase Price actually paid. Under no circumstances will Auctioneer or the Seller be liable for incidental or consequential damages, including, without being limited to lost profits or reduced productivity. Each Bidder acknowledges and agrees that no Bidder or Buyer is entitled
to specific performance or other equitable relief.
 
  1. Seller’s Remedies. If any Buyer breached such Buyer’s obligations under these Terms or under a sale contract with the Seller of Property sold at the Auction, in addition to all other legal and equitable remedies, such property may be resold and the breaching Buyer will be responsible for any and all damages, including any deficiency or reduction in the Purchase Price, along with incidental damages.
 
  1. Indemnification. Each Bidder agrees to indemnify, defend, 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.
 
  1. Private Sale. No Participant or Registered Bidder may offer to enter into a Private Sale for the purchase of any of the Property prior to, during, or after the Auction. If any of the Property is not Knocked Down at the Auction and Bidder enters into an agreement to buy (i) any of the Personal Property from the Seller within ten (10) days after the Auction, and/or (ii) any of the Real Property within ninety (90) days after the Auction, Bidder shall pay to Auctioneer an amount equal to Auctioneer’s full commission and Buyer’s Premium.
 
  1. Waiver. Certain provisions of these Bidder Terms are for the exclusive benefit of Auctioneer and/or Seller(s). Such provisions, including, without being limited to, Bidder registration and qualification requirements, deposit and payment terms (including the method, form, and timing of payment), removal and delivery terms, and Property 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 Terms that are intended for the benefit of Auctioneer and/or Seller.
 
  1. Compliance with the Law. Bidder shall not engage in any illegal conduct on the Auction Site and shall comply with all federal, state, and local laws. Bid pooling occurs when Bidders collude to regulate, and artificially suppress, bidding in an effort to reduce the Hammer Price. Anyone participating in bid pooling will be removed from the Auction Site and referred for prosecution. Theft is a serious offense, and, if discovered, will be prosecuted to the fullest extent of the law. Instances of theft will result in immediate termination of bidding and removal from the Auction Site.
 
  1. Governing Law; Jurisdiction; Venue; Waiver of Jury Trial. These Bidder Terms will be governed by and construed in accordance with the laws of the State of Indiana, 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 Elkhart County, Indiana,, which courts will have exclusive jurisdiction, and will be the exclusive venue, for any and all such claims, disputes, and other matters. By submitting a Bidder Registration and accepting a Bidder Number each Registered Bidder irrevocably and unconditionally (i) agrees that any claim, suit or cause of action relating to these Bidder Terms, or the transactions contemplated hereby, will be brought in the state or federal courts sitting in and for Elkhart County, Indiana,; (ii) consents to the jurisdiction of such courts for any such claim, suit or cause of action; (iii) waives 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) waives any objection to the bringing of such claim, suit or cause of action in such courts on the grounds of forum non conveniens. Each Bidder, Buyer, and other Participants waive the right to a jury trial.
 
  1. Attorneys’ Fees. If any Participant breaches such Participant’s obligations under these Terms, Auctioneer and/or Seller will be entitled to recover all costs and expenses, including attorneys’ fees incurred in enforcing their respective rights hereunder.

 
Box and pallet shop liquidation including ripsaw, Baker resaw, double end tenoner, upcut saws, notchers, forklifts, and various pieces of pallet and box making machinery. Live phone and online bidding available. Contact Myron @ 574-229-4341 to consign equipment for free marketing. 

00
Information Lot
We will begin the auction at 10:00 EST with lot # 123, buyers have until Friday Dec. 18th to remove the equipment, removal of equipment, FREE load out day of auction till 5:00 PM, someone will be onsite Friday and Saturday 8:00 AM till 5:00 PM for load out, load out will be available next week by appointment only, small fees will apply after day of auction, to schedule load out call Eugene 260.350.8953

123
Senco SNS45 16 Gauge Construction Stapler*
N13-21, 1"- 2", Brand new still in box

124
Senco SNS45 16 Gauge Construction Stapler*
N13-21, 1"- 2", Brand new still in box

125
Senco Triggerless Staple Gun
GB021 MII, with air powered feeder system, 1 3/8-2", N16-21, 16 GA

126
Senco Triggerless Staple Gun
GB021 MII, with air powered feeder system, 1 3/8-2", N16-21, 16 GA

127
Senco Triggerless Staple Gun
GB021 MII, with air powered feeder system, 1 3/8-2", N16-21, 16 GA

128
Senco Triggerless Staple Gun
GB021 MII, with air powered feeder system, 1 3/8-2", N16-21, 16 GA

129
Senco Triggerless Staple Gun
GB021 MII, with air powered feeder system, 1 3/8-2", N16-21, 16 GA

130
Senco Staple Gun
SNS40, 16 GA, 1"-2", N13-21

131
Senco Staple Gun
SNS40, 16 GA, 1"-2", N13-22

132
Senco Staple Gun
SNS40, 16 GA, 1"-2", N13-23

133
Senco Staple Gun
GB0214, 16 GA, N/16-21, 1 3/8"-2"

134
Senco Staple Gun
GB0214, 16 GA, N/16-21, 1 3/8"-2"

135
Senco Staple Gun
GF0038, SNS45, 16GA, 1"-2", N 13-21

136
Senco Staple Gun
GF0038, SNS45, 16GA, 1"-2", N 13-22

137
Senco Staple Gun
16 GA, 1"-2", N 13-21

138
Senco Staple Gun
Model SC2, wide crown

139
Senco Staple Gun
GB0215, MI, N13-19, 16GA, 1"-1 3/4"

140
Senco Staple Gun
GB0215, MI, N13-19, 16GA, 1"-1 3/4"

141
Senco Staple Gun
GB0215, MI, N13-19, 16GA, 1"-1 3/4"

142
Senco Staple Gun
Model MIII

143
Senco Triggerless Staple Gun
.

144
Senco Staple Gun
Needs work

145
Senco Crown Staples
7/16" crown, 1 1/2" leg, 16 GA, N17RRBZ, 14 boxes with 4 coils @ 5000 per coil, 20,000 staples per box

146
Containers with Casters
24" X 36" x 24" high, total of 10

147
Cart on Casters
54" x 27" x 60" high, two swivel casters

148
Cart on Casters
54" x 27" x 60" high, two swivel casters

149
Cart on Casters
54" x 27" x 60" high, two swivel casters

150
Cart on Casters
54" x 27" x 60" high, two swivel casters

151
Cart on Casters
54" x 27" x 60" high, 4 swivel casters

152
Steel Table
27" x 26" x 28" high, 1/2" steel top

153
Pallets with Plywood Top
73" x 52 1/2",  4 stringers, various conditions, approx. 200

154
Timberwolf Blower
24", with 10 HP electric motor, brand new

155
Electric Motors
2 and 3 HP motors, total of 9

156
Electric Motors
1.5-2 HP motors, total of 6

157
Miscellaneous
Electric motor, box of various items

158
2 Skids of Miscellaneous
Air cylinders, etc.

159
Aluminum Truck Ramps
.

160
Perska Motors
Total of 20 motors, some work, some need rebuilt, 9 HP, 17,760 RPM, 8 HP, 18,000 RPM, 4 HP, 17,600 RPM, 6 HP, 18,000 RPM

161
3 Wing Cutters
34 small cutters, 37 medium cutters, 34 large cutters

162
Nordson EPC30 Eclipse Series Pattern Control System
Unit No. 772003F01, serial # CA06J00114

163
Nordson EPC30 Eclipse Series Pattern Control System
Unit No. 772003F, serial # AN07F46336

164
Nordson Logicomm Gun Driver
100 V-240V, 48-62 HZ, 3 A, 1 Phase

165
Nordson Logicomm Gun Driver
101 V-240V, 48-62 HZ, 3 A, 1 Phase

166
Nordson HD4A Head Driver
.

167
Skid of Wire
Lots of miscellaneous gauge and lengths

168
Skid of Bearings, Air Cylinders and Saw Blades
6 brand new tungsten carbide, 10" x 40 tooth, 5/8" arbor

169
Skid of Electrical
4 shutoffs, control panel, miscellaneous boxes

170
Skid of Electrical
Wire, conduit, breakers, etc.

171
12 Minisafe Light Curtains and Miscellaneous
Air cylinders, bearing, electric motor

172
Skid of Dust Collectors and Dust Pipe
.

173
1/2" Treated Plywood
3- 4' x 8' pieces, 15- 42" x 48" pieces

174
Skate Rollers
9 1/2" x 90" sections, 17 sections, no legs

175
Skate Rollers
28" x 90" sections with 14" adjustable steel legs, 28" x 120" no legs, 2" x 24" rolls

176
Skate Roller
30" x 96" with 22" adjustable steel legs, 2" x 27 1/2" rolls

177
Skate Roller
24" x 10' with 14" adjustable legs, 21 1/2" x 1 3/8" rolls

178
Skate Roller
30 1/2" x 80" with 31" steel legs, 2" x 26 5/8" rolls

179
Steel Rack
64" x 64"

180
Steel Rack
60" x 62"

181
Steel Rack with Flex Pipe
64" x 64"

182
Skid of Scrap Steel
.

183
Skid of Miscellaneous
14 1/2" x 1 7/8" rolls for roll case, lots of miscellaneous

184
Delta Four-Speed Three-Roller Stock Feeder
Model 36-836, 1 HP, 230 V, 3 Phase, including Delta support stand, both pieces are brand new, still in box, misc. parts for stock feeders

185
Miscellaneous Skid
.

186
Sound Proofing Material
.

187
Ace Dust Collector
Includes wooden work table

188
Machine Stand
20 1/2" x 27 1/2" x 49" high

189
LP Tank For Forklift
Condition unknown

190
48" x 53" Mats
Total of 20, includes everything on skid

191
Dust Pipe
32- 60" sections, 4"-10" diameter, some shorter pieces

192
2- 10" Dust Pipe Elbows
Various other pieces of dust pipe

193
Dust Pipe
26- 60" sections, 5"-14" diameter, some shorter pieces

194
Dust Pipe and Wire Crate
Up to 18" diameter, variety of pieces

195
Dust Pipe and Wire Crate
Up to 18" diameter, variety of pieces and clamps

196
5 " Flex Pipe
.

197
Dust Pipe
14- 60" sections, 4"-16" diameter

198
Bags Particle Board Pieces
1" x 2 1/4" x 5/16"

199
Cardboard Boxes
24" x 21" x 20" high, new, 175+ pieces

200
Cardboard Boxes
24" x 21" x 20" high, new, 300 pieces

201
Alpine Truss Straps
1.5" x 3", 20,400 pieces, new

201A
Dust Pipe*
3 pcs. of 5" x 59" pipe, 14 pcs. of 14" x 59", 5 pcs. of 16" x 59", 6 pcs. of 18" x 59", includes hangers, clamps, elbows, Y's, etc. this pipe is still in excellent condition

202
Steel Cart on Wheels
Full of miscellaneous, nails, N18 staples , truss straps

203
Skid of Senco Staples
16 boxes, 4 coils in a box, N17, 16 gauge, 7/16" crown, 1 1/2" long

204
Skid of Senco Staples
20 boxes, 8 coils in a box, N17, 7/16 " crown, 3/4" long

205
Skid of Senco Staples
40 boxes, 4 coils in a box, N17, 16 gauge, 7/16" crown, 1 1/2" long

206
Skid of Senco Staples
4 coils in a box, N18, 7/16" crown, 1 5/8" long 3- 8 coils in a box, N11, 7/16" crown, 3/4" long

207
Skid of Dust Pipe Fittings
12", 6", 6" blast gate

208
Dust Pipe Fitting
16" elbow, 18" y with 16", 36" long

209
New Dust Pipe
20" x 58"

210
New Dust Pipe
20" x 58"

211
New Dust Pipe
20" x 58"

212
Steel Dust Pipe
8' long with 8- 6" dust ports, 18" hole in one end, 8" in other end

213
Skid of Miscellaneous Dust Pipe
14", 10", 5", 4" various lengths

214
Skid of Dust Pipe
20" elbows

215
Wire Crate filled with Dust Pipe
20", 6", 8" miscellaneous fittings, blast gates

215A
Black Pipe*
1" and 1 1/4", 17 pcs. various lengths 4' - 20'

216
Banding Cart
with crimper, good condition

217
Banding Cart
good condition

218
Skid of Hot Melt Adhesive
8 boxes total, beads/pillows

219
Skid of Dust Bags
8" x 8', good condition

220
Scrap Steel
.

221
Wire Crate full of Miscellaneous
Staples, hoses, etc.

222
Wire Crate full of Miscellaneous
Rollers, crimping tools, etc.

223
Wire Crate full of Miscellaneous
Staple guns, etc.

224
Wire Crate full of Miscellaneous
Staple gun parts, etc.

225
4 new GT speed dials
Includes wire crate of miscelaneous

226
Wire Crate full of Miscellaneous
Mounting brackets, etc.

227
Wire Crate full of Miscellaneous
4 fire extinguishers

228
Wire Crate full of Miscellaneous
Band saw blades, 2 1/2"

229
Wire Crate full of Miscellaneous
Band saw blades, 2 "

250
Wire Crates
48" x 41" x 32" high, total of 3

251
Wire Crates
36" x 36" x 31" high, total of 3

252
Wire Crates
32" x 40" x 30" high, total of 3

253
Wire Crates
42" x 51" x 38" high, total of 3

254
Wire Crates
40" x 48" x 25" high, total of 4

255
Wire Crates
40" x 47" x 31" high, total of 3

256
Wire Crates
42" x 52" x 36" high, total of 3

257
Wire Crates
40" x 48" x 31" high, total of 3

258
Wire Crates
40" x 48" x 24" high, total of 4

259
Wire Crates
36" x 36" x 31" high, total of 3

260
Wire Crates
40" x 48" x 31" high, total of 3

261
Wire Crates
42" x 50" x 36" high, total of 3

262
Wire Crates
36" x 36" x 30" high, total of 3

263
Wire Crates
41" x 48" x 31" high, total of 3

264
Wire Crates
36" x 36" x 31" high, total of 3

265
Wire Crates
46" x 40" x 31" high, total of 3

266
Double Notched Stringers
2" x 4" x 48", approx. 240 pieces, not all of them are notched, includes skid of 2" x 4" x 11 7/8"

267
Pallet Material
3/4" x 2 7/8" x 96", 4 skids

268
3 Skids Assorted Pallet Material
.

269
Craftsman Compound Miter Saw
12", mounted on 26" x 45" x 31" high steel table

270
Chicago Press
Size 131, serial # LW6557, 30 1/2" wide

271
DeWalt Radial Arm Saw
Model GP, serial #30100, 14" blade

272
Camco 8 Station Indexer
Model 1800RDM8H64-270, serial # 00162226, used in custom base manufacturing, includes complete operation

273
Whirlwind Upcut Saw with Tigerstop
Model 212R, serial # 5808116R, 18", right hand, good working machine

274
Whirlwind Upcut Saw with Tigerstop
Model 212L, serial # 3408663L, 18", left hand, good working machine

275
Carbide Tipped Circular Saw Blades
18", total of 4

276
Skate Roller
30" x 10' and 34" x 10', no legs

277
Roach Roll Case
30" x 13' with 35" adjustable legs, electric drive

278
Roll Case
30" x 10' with 13" adjustable legs, no drive

279
Skate Roller
24" x 10' with 13" adjustable legs

280
Skate Roller
19 1/2" x 98" with 42" down to 39" steel legs

281
Base Manufacturing Machine
With router capabilities

282
Base Manufacturing Machine
With boring capabilities, 4 head, 2 HP motors

283
Frame for Base Manufacturing Machine
No motors, was stripped for parts

284
Base Manufacturing Machine
With router capabilities

285
Lauderdale Ripsaw
Was bought new 10 years ago, was only used for half a day, very clean machine

286
West Plains Double Head Notcher
Model BH60N, serial # 0018, 72" capacity with waterfall infeed, 2 set of standard cutter heads

287
West Plains Single Head Notcher
72" capacity, with waterfall infeed, custom cutter head

288
Electrical Box
78" x 84" x 18" deep, was used on Lot # 272

289
Clark Forklift
Model GPS 30, serial # GP138MB.0603.06835, 8381 hrs. 3 stage mast, 6000 lb. lift, side shift, propane, works good, we would like to retain this lift 7 days for loadout if possible 

290
Clark Forklift
Model C500 45, serial # 355 13 5270FA 1083, 3 stage mast, side shift, propane, 4000 lb. lift, motor runs well but needs transmission rebuilt, hours unknown

291
Clark Forklift
Model C500YS-80, serial # Y658-42-3960, 8000 lb. lift, 3 stage mast, propane, shows 2625 hours, needs bottom seal on cylinder repacked, brakes need work

292
Pallet Jacks
Total of 3, not in working condition

293
Outfeed for Whirlwind Upcut Saw
.

294
Precision Chopsaw
18" blade, no tag, works good

295
Storage Locker
60" x 72" x 12" deep, 20 compartments

296
Belt Conveyor on Incline
9' with 12" web, electric drive

297
Safety Step on Wheels
Top step is 57" off ground, 24" wide

298
Ingersoll Rand Compressed Air Dryer
Model TM600, serial # OOKTMA1722, includes tank

299
Stackable Racks
36" x 60", total of 4

300
Comparts Refrigerated Air Dryer
Model CAR-200, serial # 5972, includes electrical panel

301
Wadkin Vertical Ripsaw
Machine No. PBR-85503, 28" wheels, includes power feed (not pictured)

302
Vertical Manufacturing Stands
.

303
Straight Line Ripsaw
With Delta stock feeder

304
Manufacturing Stand
36" x 72"

305
Skate Rollers
28" x 120" with 15" adjustable steel legs, 60" x 27" no legs

306
Manufacturing Stand on wheels
74" x 90" x 49" high, includes air tank and air hoses

307
Stapling Machine Sticker Shaft
Has some wear.

308
Air Tank
Includes bracket with air cylinder

309
Steel Work Bench
24" x 68" x 36" high, includes roll cases

310
Wooden Work Bench
36" x 74" 38" high

311
Lewco Belt Conveyor
33" x 60" with 22" steel legs, 29 1/2" web, electric drive

312
Cart on Casters
53" x 54 1/2" x 54" high

312A
Wire
.

312B
Wire
.

312C
Wire
.

312D
Wire
.

313
Manufacturing Stand
18" x 120" with 34" adjustable steel legs

314
Challoner Double End Tenoner
Model 527TS, serial # 400-220, 7' capacity, overall dimensions 12' x 14', good working condition

314A
Central Machinery Dust Collector
3 HP

315
Sullair Screw Compressor
Model 20-100H, serial # 003-60923

316
Air Tank
.

317
Pure Air Refrigerated Air Dryer
Model PS1000, serial # S-8404-0272-100DS 460 V, 3 phase

318
Baker Single Head Resaw with Return
Model BBR-O, serial # 89-061, good running, clean machine

318A
Band Wheels for Baker Resaw
28"

319
Base Manufacturing Machine
With router capabilities

320
Base Manufacturing Machine
With router capabilities

321
Chamfer Machine
4-head, includes control box

322
Thorvie International Sharpener
Works good

323
Cart On Casters*
54" x 27" x 60" high, two swivel casters

324
Cart On Casters*
53" x 54 1/2" x 60" high

325
Belt Conveyor*
14 1/2" x 88" with 27" steel legs, 10" belt, electric drive

326
Safety Step On Casters With Brake*
34" x 22" x 60" high, 3 steps, top step is 30" from floor, has 16 1/2" x 18 1/2" shelf for tools etc.

327
Safety Step On Casters With Brake*
34" x 22" x 60" high, 3 steps, top step is 30" from floor, has 16 1/2" x 18 1/2" shelf for tools etc.

328
Safety Step On Casters With Brake*
34" x 22" x 60" high, 3 steps, top step is 30" from floor, has 16 1/2" x 18 1/2" shelf for tools etc.

329
Safety Step On Casters With Brake*
34" x 22" x 60" high, 3 steps, top step is 30" from floor, has 16 1/2" x 18 1/2" shelf for tools etc.

330
Dayton Portable Oil-Fired Heater*
600,000 BTU's, thermostat controlled

331
Dayton Portable Oil-Fired Heater*
650,000 BTU's, thermostat controlled

332
Sears/Craftsman 17" Drill Press*
1 1/2 HP, 5/8" chuck, 16 speed, speed range 200-3630 RPM, has safety guard

333
Steel Stand*
25" x 29" x 36" high