Terms and Conditions TERMS OF SALE All Bidders and other persons attending this sale (“Bidders”) agree that they have read and have full knowledge of these terms and agree to be bound hereby. The Bidder identified by Williston Asset Management Corporation (“Auctioneer”) as the high bidder or successful bidder at auction ("successful Bidder") shall have entered a legally binding contract to purchase the item bid upon ("Lot") at the price and is subject to the terms and conditions set forth herein. All determinations, rulings, and adjustments made by the Auctioneer in good faith shall be final, binding, and conclusive upon all Bidders. TERMS & CONDITIONS REGISTRATION: All Bidders must register at www.bidspotter.com, provide a company name, full name, and address, and complete the bidder registration form and removal agreement. WARRANTIES The Auctioneer makes every attempt to accurately describe each item or lot in the auction; however, equipment or lot descriptions are intended only as a guide; their accuracy is not guaranteed and differences between the written description and the actual item/lot may occur. This is especially important to know for Internet bidding. There are NO REFUNDS OR EXCHANGES, ALL ITEMS ARE SOLD AS IS, WHERE IS, WITH ALL FAULTS, and WITH NO WARRANTY OR GUARANTEE OF ANY KIND EITHER WRITTEN OR IMPLIED. DISCALIMER OF ALL WARRANTIES INCLUDING IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR PARTICULAR PURPOSE; CONDITION OF ARTICLES SOLD The Auctioneer and any Owner, Seller, or Secured Party make no warranties express or implied as to merchantability or fitness for purpose whatsoever. All such express or implied warranties are expressly excluded hereby. No oral statement or other written statement by any person negates this exclusion. If you think you have received any assurance or warranty of any kind as to a Lot offered in this auction do not bid on such item unless the Auctioneer has signed in writing specifically directed to you and identifying the Lot and stating the modification of this exclusion The Auctioneer shall not be responsible for the correct description, genuineness, authenticity of, or defect in any Lot, and makes no warranty in connection therewith. No sale will be set aside, nor allowance made on account of any incorrectness, error in commentary, cataloging, or any imperfection not noted. No deduction, credit or avoidance shall be allowed on damaged articles. All Lots in the auction are purchased and accepted by successful Bidder "AS IS", "WHERE IS" and "WITH ALL FAULTS". Auctioneer makes no warranties or guarantees whatsoever whether written, oral, or implied as to quality, quantity, condition, usability, salability, weight, measurement, age, model, mechanical condition, performance or other specifications and all sales made are without recourse. Occasionally, additional information regarding any and all items being sold may come to light during the auction and take precedence. Any available information relating to the condition and other information from any available appraisal and/or inspection report is being provided by third parties unrelated to the Auctioneer, Seller, or any of its affiliates. Auctioneer, Seller, and its affiliates have no responsibility and make no representation or warranty of any kind with respect to such information, appraisal and/or inspection report. Any usage and/or reliance on any such information, appraisal and/or inspection report shall be at Bidder's sole risk. Auctioneer reserves the right to bid on and/or remove any particular Lot on behalf of any and all prospective buyers. Bidder agrees to and accepts the general Terms and Conditions before placing any offers; and the Auctioneer or the Seller has the right to accept or refuse any and all offers for any reason. All high offers will be reviewed by Seller and the winning Bidder will then be contacted directly. ALL SALES ARE FINAL. All Items are sold on a “As is”, "Where Is" basis with the Purchaser to incur all costs in conjunction with the loading, shipping, and removal of the items from the premises. DEPOSITS: The Auctioneer may request a deposit at time of registration. ITEM RESERVES Bidders must meet or exceed the set auction reserve price (if any) to be considered as having the high offer for any lot/item. The auctioneer reserves the right to reject any and all bids. On lots upon which there is a Reserve, the auctioneer reserves the right to bid on behalf of the Seller. PAYMENT & TAXES All purchases will include an additional Buyers Premium of 18%. All winning bidders who meet or exceed the set Reserve prices will receive an invoice within 24 hours after completion of the auction. Payment is due within three (3) days of receipt of the invoice. Any merchandise not paid for by this specified time will be considered abandoned and may be resold or disposed of by the auctioneer, with any costs or loss incurred in the resale to be borne by the original successful Bidder/Buyer. All Sales are in US dollars. Payment must be paid via wire transfer, ACH transfer, cashiers or bank certified check, Mastercard, or Visa ($2,000 limit on credit card purchases). NO ONSITE PAYMENTS. Banking information will be provided on your invoice. State sales tax will be applied to all invoices. This tax may be reversed post-invoicing if a current copy of the Buyer`s Tax Exempt Certificate is provided to the Auctioneer. Regional and National Health Protocols All Bidders who will be onsite, must execute the Health Screening Questionnaire & Self Declaration Sheet (if Auctioneer and Owner require such documentation). All Bidders must comply with all policies as requested by the Auctioneer, Owner, Landlord , local regulations, State, Federal, CDC Guidelines, or OSHA regulations. RIGGING & REMOVAL RIGGING AND REMOVAL IS THE RESPONSIBILITY OF THE BUYER. Any buyer or rigger, who removes their lots from the auction site will need to provide a certificate of insurance to the Auctioneer prior to removal. All removal activity must be in accordance with OSHA guidelines and safety standards. Purchases will be released only on presentation of paid invoice. Auctioneer shall not be responsible for Lots not removed within the time allowed. All riggers must execute the Health Screening Questionnaire & Self Declaration Sheet (if Auctioneer and Owner require such documentation). All Bidders must comply with all policies as requested by the Auctioneer, Owner, Landlord , local regulations, State, Federal, CDC Guidelines, or OSHA regulations ALL SMALL ITEMS MUST BE OFF THE PREMISES BY: Friday, February 9th, 2024 Auctioneer/Owner will not be responsible for any small items after this time. ALL LARGE ITEMS MUST BE OFF THE PREMISES BY: Thursday, February 29th, 2024 At which time the Auctioneer's representative will leave the premises. After this time, arrangements for removal must be made with the Auctioneer and at their convenience. After that date and time, Auctioneer will charge a SURCHARGE OF $100/DAY per lot/item which must be paid prior to the release of the lots/items purchased. At the Owners discretion, any items remaining after this time will be moved from the premises and stored at the expense of the buyer or considered abandoned and/or scrapped at the Buyers expense. THE RECOMMENDED RIGGER & REMOVAL AGENTS, ("RRRA") FOR THE AUCTION ARE: Pedowitz Machinery Movers, Inc., Contact: Ray Brunelle: 917-939-2975 (cell), ray@pedowitz.com (email) The "RRRA" are the only companies authorized to rig, dismantle, and load equipment at the site where the lots are located. Loading charges for items will be listed in the auction catalog where available. Loading charges are for simple lift & load only, any special preparations will be an additional charge and need to be arranged with "RRRA". All payments for the loading charges and any loading arrangements must be made directly with "RRRA." Some items are listed as "loading charge TBD, (To Be Determined)." Loading charges for these items must be negotiated directly with the "RRRA." Removal arrangements other than those stated herein must be made directly with the Auctioneer and the "RRRA". Loading prices are valid through the removal date only. REMOVAL HOURS: Removal may begin WHEN PAYMENT IN FULL HAS BEEN RECEIVED and a Removal Appointment has been confirmed by the Auctioneer. REMOVAL MAY COMMENCE DURING THE FOLLOWING HOURS: Monday-Friday: From 8:00 AM to 4:00 PM Weekends: BY APPOINTMENT ONLY!! CLAIMS: No claims will be allowed. RESPONSIBILITY FOR NON-DELIVERY: Auctioneer, any owner, seller or secured party shall not, in any event, be liable to any Bidder for non-delivery of any Lot or for any other matter or thing, other than for the return to the successful Bidder of the deposit or sum paid on said Lot, should the successful Bidder be entitled thereto as determined solely by the Auctioneer This means that if you are a successful Bidder, and for any reason your Lot is not made available to you, you agree that the damages you may claim for such non-delivery are limited to the amounts you have paid and you waive any claim for damages for lost profits, opportunity, the value of the Lot in excess of the purchase price, your time, expenses, incidental and consequential damages, all of which are expressly waived. COMPLIANCE WITH TERMS OF SALE: In default of payment of invoices in full within the time therein specified, the Auctioneer in addition to all other remedies allowed by law, may retain all monies received as deposit or otherwise, as liquidated damages. Lots not paid for and removed within the time allowed herein may be resold at public or private sale or disposed of without further notice, and any deficiency, together with all expenses and charges of resale, will be charged to the defaulting successful Bidder. ADDITION TO OR WITHDRAWAL OF ASSETS/LOTS FROM SALE: The Auctioneer reserves the right to alter the order of the sale, withdraw from the sale any of the Lots or part thereof, or to sell at this sale Lots not listed, and also reserves the right to group one or more Lots into one or more selling Lots or to subdivide into two or more selling Lots, or make any combination thereof which Auctioneer in its sole discretion determines. Whenever the best interest of the Seller will be served, the Auctioneer reserves the right to sell Lots in bulk. LOTS WITH ESTIMATED WEIGHT, COUNT OR MEASURE: Where items are sold by estimated weight, count, or measure, the successful Bidder will be invoiced for and required to pay for the estimated weight, count, or measure. If upon removal, any shortage exists of an appreciable amount, the successful Bidder will receive a credit at the rate of the bid providing that notice is given to the Auctioneer prior to the removal of the lot/item. If there be an excess of an appreciable amount, the successful Bidder will be required to take and pay for such excess, at the rate of the bid. RISK TO PERSON AND PROPERTY: Persons attending during exhibition, sale, or removal of Lots assume all risks of damage of or loss to person and property and specifically release the Auctioneer, Landlord, and Seller/Owner from any and all liabilities therefore and agree to indemnify and hold the Auctioneer, Landlord, and Seller/Owner harmless from any loss, claim, liability, cost, or expense caused all or in part incurred by such person(s). Neither the auctioneer nor its principal shall be liable by reason of any defect in or condition of the premises on which the exhibition, sale, or removal of Lots is held. AGENCY: The Auctioneer is acting as agent only and is not responsible for the acts of the Owner of the lots. SHIPPING: The Successful Bidder is responsible for removing and legally disposing all coolants, oil and fluids that must be drained from all machinery and equipment by licensed professionals prior to removal. In addition, all of the above must be removed from the premises by the Successful Bidder/ New Owner and shipped in compliance with state and federal regulations. Unless otherwise expressly provided in writing, preparation and shipment shall be at the sole responsibility and cost of the successful Bidder. IMPORTANT NOTICES: 18% BUYERS PREMIUM IS IN EFFECT FOR ALL PURCHASES ALL PAYMENTS WITH CREDIT CARD WILL HAVE 3% SURCHARGE NO MERCHANDISE MAY BE REMOVED WHILE THE SALE IS IN PROGRESS AUCTIONEER CANNOT ASSIST WITH EXPORT DOCUMENTS