Auction Terms and Conditions: These are the terms and conditions on which all property is offered for sale. By bidding in this auction, prospective bidders agree to be legally bound by the following so please read and understand the terms of this auction before bidding. On-Site Bidders please read additional auction terms on your Bidding Paddle. ~Your Bid is a Contract to Buy~ Auction Agreement: By participating in this auction all bidders agree to the following terms and conditions: Auction Location: Civitano Landscaping & Maintenance, 848 Nepperhan Avenue, Yonkers, New York 10703 Auction Preview Dates & Times: Monday, December 11 from 9:00 am to 11:00 am. On Site Bidding: Monday, December 11 at 11:00 am sharp. On Site Bidding: On-Site Bidders must register at the auction site, acknowledge the auction terms & conditions; sign a waiver & release form and tender an initial deposit. in order to receive a Bidding Paddle. The Auction Company must maintain at least a 25% deposit from successful bidders at all times during the auction and bidders will be required to tender additional deposit(s) as the auction progresses. On Line Bidding Begins Via a live Webcast on Monday, December 11 at 11:00 am. On Line Bidding: On-Line Bidders must register at www.caspert.com with a current & valid credit card and be approved to bid. The Auction Company may be unable to respond to registration requests on the auction day so please be sure to register and be approved to bid prior to Monday, December 11. Shortly after the conclusion of the auction an itemized invoice will be emailed to the registrants’ email address on file. Credit card charges, limited to $2,500 and subject to a 3% bank fee, will be charged after the Bidder makes contact with the Auction Company. In the event the Bidder fails to make contact with the Auction Company or pay the entire invoice by the payment deadline the Bidder’s credit card will be charged and may also be charged additional fees as liquidated damages. (See strict Pick-Up Policies & Penalties below). Quantity Times the Bid: Quantity Times the Bid, also referred to as “times the money”, means that when similar or compatible items are being offered, the price for one item is multiplied by the number of items sold. For example, if the Quantity in the Item Description Box states a quantity of two (2), this means the item will be sold as “times the money”. If you are the high bidder at $100, you will pay $200 (plus fees) for these items. Full & Final Payment: Invoices will be available in the winning bidder's account on Monday, December 11 shortly after the conclusion of the auction. We offer multiple ways to pay for your purchase (prior to removal) but in no case later than Wednesday, December 13: 1) Cash at the Auction Site. 2) Pre-Approved Company Checks. Contact the Auction Company Prior to Bidding. 3) Certified or Cashier's checks. 4) Credit Cards (MasterCard or Visa). A three percent (3%) bank fee is added for payments by Credit Cards. Credit Card payments may not exceed $2,500. Buyers paying by credit card waive their right to chargeback. Please contact the Auction Company in advance of pick up to authorize all Credit Card charges. Debit Cards are not accepted. 5) Wire Transfers / ACH (a $15 service fee will apply). Wire Transfers / ACH can take up to 24-48 hours to complete and may be subject to local banking limitations so please make arrangements with your bank well in advance of the scheduled pick-up date as funds must be credited to our account prior to the removal of any item from the auction site. Contact the Auction Company for Wire Transfer / ACH Instructions. Please be sure to include your Paddle # in all correspondence. Buyer's Premium: There is a thirteen percent (13%) Buyer's Premium for On-Line Bidders added to the price of each item sold and a ten percent (10%) Buyer’s Premium for On Site Bidders added to the price of each item sold. Credit Card Fee: There is a three percent (3%) bank fee added to invoices paid with a credit card. Credit Card payments may not exceed $2,500. Buyers paying by credit card waive their right to chargeback. Sales Tax: Sales Tax (8.88%) will be collected with each invoice. Any purchaser claiming a tax exemption must provide acceptable documented proof including a completed and signed resale certificate form. Each auction is different. Even if you have provided tax exemption documentation in a previous auction you will be required to provide that information again for this auction. Sales tax will not be collected on motor vehicles. Sales tax for motor vehicles will be collected by the appropriate motor vehicle agency upon registration. Pick Up Location: Civitano Landscaping & Maintenance, 848 Nepperhan Avenue, Yonkers, New York 10703 Pick Up Dates & Times: Pick up will be on Tuesday, Wednesday, Thursday & Friday, December 12, 13, 14 & 15 from 9:00 am to 3:00 pm ET. Any items not removed by the conclusion of the scheduled pick-up will be considered abandoned property. All remaining unpaid invoices after the pick-up date deadline will be charged to the bidder's credit card on file. If you have not picked up your purchased items and have not contacted or made specific arrangements with the Auction Company by Friday, December 15, in addition to the balance due, your account will be charged $200/day until all your items have been removed from the auction site. Removal: All items must be removed by the bidder at his own risk and expense no later than Friday, December 15 and in compliance with all applicable laws, regulations or ordinances. Quantities should be checked by the bidder or their agent before removal of items. No allowances will be made for claims or shortages once the item has been removed. Ground Level Loading. Each buyer will be responsible for bringing adequate and qualified help and equipment to remove any item they have purchased. Bidders are responsible for palletizing, rigging, loading, and moving all items purchased without assistance from the Auction Company. Boxes / pallets / containers / cases & packaging supplies are the responsibility of the bidder, who represents that they familiar with the item(s) they are purchasing, as well as their condition and location and are purchasing such item(s) with a knowledge and understanding of the removal requirements of said item(s) and the ability to do so within a commercially reasonable workmanlike manner. Resale: The Auction Company reserves the right to resell any item not paid for in full by the conclusion of the stated pick-up period. In any such event, the bidder will still be responsible for payment for the original purchase, buyer’s premium, sales tax, transport, storage and any shortfall resulting from the bidders’ inability to timely perform as well as the costs of collection of this payment and/or damages resulting from the resale of the item(s). Risk of Loss: Merchandise becomes the full responsibility of the bidder at time of payment and the bidder assumes all risk of loss and damage to the item(s) at that time. No Returns: All sales are final. There are no returns, refunds, credits or exchanges once an item has left the auction site. Shipping: The Auction Company does not pack, palletize, store, crate, load, rig or ship items. Buyers may either pick-up their items at the auction site personally or can arrange for a third-party logistics firm to manage the removal process for them. If someone other than the registered buyer is designated to pick up the items, the buyer must contract with an independent logistics firm or other representative who will pack, palletize, store, crate, load, rig and/or ship your purchased items to meet the deadlines indicated in this auction and authorize the Auction Company to release items to a third party for packing, palletizing, storing, crating, loading, rigging or shipping purposes. Since the Auction Company does not ship the items, the Auction Company does not obtain or prepare any export licenses or documents. Further, the Auction Company is not affiliated with any rigging, transport, or export company. We may provide the names and contact information of available companies solely as a courtesy to our buyers and do not endorse or guarantee their services and are not responsible for any damage, omission or other problems incurred because of their actions. Disclaimer: All lots sell as is, where is, with all faults. The Auction Company does not give or make any type of guarantee or warranty regarding the lots to be sold, implied or otherwise as to the quality, condition, performance, mileage, hours or nomenclature of any item to be offered, so buyer beware. The Auction Company encourages all bidders to inspect lots in person before bidding. The Auction Company is not responsible for incorrect listing information, if any. The Auction Company has attempted to provide accurate descriptions of all items however, it is the bidder's responsibility to determine the condition and suitability of each lot. Printed statements or descriptions by The Auction Company are provided in good faith and are matters of opinion. Furthermore, the Auctioneer reserves the right to deny on-line and/or on-site registration to any prospective bidder at his sole discretion, remove any person from the auction site as well as refuse an individual’s offer to purchase items and may reject any and all bids. Some lots are offered with reserve. The Auctioneer also reserves the right to solicit a bulk bid; mini bulk bids and to alter bidding increments at any time without further notice. Debt Collection and Interest Charges: The bidder agrees to pay all reasonable attorney fees and other costs incurred by the Auction Company in its efforts to collect unpaid funds from the bidder. The bidder agrees that a fee of 2% of the outstanding balance per month be added to any unpaid balance due the Auction Company. Guaranty Agreement: By submitting a bid in the name of a business entity or corporation, the individual submitting the bid enters into a guaranty agreement whereby he or she personally guarantees payment to the Auction Company for any bid amount not paid when due by the business entity or corporation, for any reason, together with all collection expenses incurred to enforce collection, including a reasonable attorney's fee. Limitation of Liability: If, for any reason, The Auction Company is unable to make available or deliver any purchase, or portion thereof, or documentation required in respect of any purchase, the sole liability of the Auction Company, if any, shall be the return of monies paid in respect of such purchase upon its return by Purchaser. Waiver & Release: All persons entering the auction site acknowledge that the auction site is a potentially dangerous place. Every person entering the auction site before, during and after the auction does so at their own risk and no person shall have any claim against the Auction Company, Seller or Landlord for any injuries sustained or damages to or loss to persons or property which may occur from any cause whatsoever. The Auction Company, Seller and Landlord shall not be liable by reason of any defect in or about the condition of the auction site and all bidders as well as their agents, employees or representatives specifically release the Auction Company, Seller and Landlord as well as their agents, employees and representatives from all liability thereof. Theft: Any instances or theft or vandalism will be prosecuted to the full extent of the law. Security surveillance cameras are present at the auction site. Bidder Information and Security: All registration information the bidder provides to The Auction Company shall be current, complete, and accurate. All bidders are responsible for any bids placed under their bidding numbers and passwords. The security of bidder information is the responsibility of the bidder. Bidders guarantee that the information they supply to The Auction Company is accurate. Users agree to indemnify and hold The Auction Company harmless from any lawsuit based on users’ negligence or activities. In addition, information supplied and obtained at time of registration will also opt the bidder into the Auction Company’s notification system, which the bidder may opt out of and such information will not be sold to other companies. Age Requirement: All bidders must be 21 years of age or older. Online Auction Bidding Software Disclaimer: This is an “As-Is” Site. You accept that you use the Site at your own risk and without any guarantees or promises from the Auction Company. This includes the functionality and operation of the Site. The Auction Company does not guarantee that the Site will be operational 100% of the time. The Auction Company does not guarantee that you will always be able to access the auction items listed on the site. The site is usually available 24 hours a day, 7 days a week. Therefore: The Auction Company shall not be liable for any damages arising from any interruption, suspension, or termination of the site. The Auction Company, in their sole discretion, may: o Terminate, suspend or deny access to any bidder for any reason. o Require the bidder to pre-authorize a refundable security deposit in order to bid. o Terminate or suspend any bidder's registration to bid and the bidder’s account. o Suspend bidding on any individual lot and/or all lots in this auction at any time. o Extend the bidding ending date & time for any individual lot and/or all lots in this auction at any time. Information contained herein believed to be correct but not guaranteed. Announcements communicated on the day of auction or published / distributed on the Internet prior to the stated online auction ending time take precedence over previously published material and oral statements. Thank You for your strict adherence to these Auction Terms & Conditions.