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Restaurant Liquidation Auction State College PA
Previous Page Listing ID#: 1620557
Auction Location |
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State College, PA 16801 |
Auction Dates and Times |
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Thursday May 16, 2024 Completed Thursday Jun 27, 2024 Completed |
Auction Type |
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Live Auction VIEW ONLINE CATALOG |
Company Information |
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True Blue Auctions Contact: Skip Dreibelbis Phone: 347-470-7653 Email: skip@trueblueauctions.com Website: www.TrueBlueAuctions.com GoToAuction.com ID#: 1482 View company information and listings |
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Listing Terms and Conditions |
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BIDDER TERMS & CONDITIONS
Legal Notice: Intellectual Property - The Bidder Terms & Conditions Below are Proprietary to True Blue Auctions LLC. created by Attorney George A. Michak and may not copied, disclosed or distributed to anyone apart from the registered bidder and their legal counsel.
These Bidder Terms and Conditions apply to auctions conducted by True Blue Auctions LLC ("Auctioneer"), and constitute a legal, valid, binding, and enforceable contract between Auctioneer and each Participant, Bidder, and Buyer. These bidder terms and conditions also form the basis for the contract of scale between the Sellers and the Buyers.
1. Auction Conducted in Accordance with These Bidder Terms and Conditions. The Auction is conducted in accordance with these Bidder Terms and Conditions. By participating in the Auction, whether at the auction site, online, telephonically, or though any other means (including Absentee Bid), each Participant agrees to be bound by, and to abide by, these Bidder Terms and Conditions.
2. Definitions. The following definitions apply to these Bidder Terms and Conditions for each auction conducted by Auctioneer:
"Absentee Bid" means a bid submitted to Auctioneer by an Absentee Bidder for the execution during the Auction.
"Absentee Bidder" means a person or entity, typically not present at the Auction, who submits an Absentee Bid.
"Absolute Auction" or "Absolute" applies only if and when expressly indicated and means an auction at which property is sold to the highest bidder regardless of the amount of the final bid, with no limiting conditions, restrictions, or reservations. This type of auction is also known as an auction Without Reserve. Once the bidding begins, property that is expressly offered for sale at an Absolute Auction will be sold to the highest bidder regardless of the final bid amount. NO AUCTION CONDUCTED BY AUCTIONEER IS ABSOLUTE OR WITHOUT RESERVE, AND NO PROPERTY IS OFFERED ABSOLUTE OR WITHOUT RESERVE, UNLESS SPECIFICALLY AND EXPRESSLY STATED BY AUCTIONEER IN WRITING.
"Attendee" means any person who attends the Auction at the Auction Site, whether such person is a Registered Bidder or not.
"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.
"Bidder" means any person or entity that makes a bid at the Auction.
"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 and Conditions.
"Bidder Terms and Conditions" means these Bidder Terms and Conditions.
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"Broker Participation Fee" means, if applicable, an amount drawn from the Commission and/or Buyer's Premium 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 conditions 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 Struck Off 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.
"Commission" means the amount payable by or on behalf of Seller to Auctioneer for Auctioneer's services, calculated as a percentage of the Hammer Price.
"Fall of the Hammer" means the point, after bids have been received, at which Auctioneer declares a Lot or item of Personal Property or Real Property "sold" to the 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. Where there is a High Bid Subject to Confirmation, the Fall of the Hammer will occur on Seller's Confirmation.
"Hammer Price" means the price established by the highest bid at 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 that Auctioneer has acknowledged the Winning Bid on a Lot or other item of Personal Property or Real Property 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. For Real Property Subject to Seller's Confirmation, the Real Property is Knocked Down on Seller's Confirmation of the High Bid Subject to Confirmation. (See "Struck Off" or "Strikes Off").
"No Sale" occurs if Property is offered at the Auction but is not Struck Off or sold, and Auctioneer passes on such Property or declares a No Sale.
"Online Bidding Period" means, with respect an Auction conducted in whole or in part online, the time period during which bids may be tendered against any Lot offered at an Auction conducted by Auctioneer as set forth on Auctioneer's website and incorporated into Auctioneer's Bidder Terms and Conditions.
"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, Attendees, Registered Bidders, Bidders, and Buyers.
"Personal Property" means the tangible and moveable property, and any intangible property (including, without limitation, intellectual property) offered at the Auction.
"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 Property paid, or agreed to, at a Private Sale in an arms-length transaction between Seller and a buyer. If such 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, for the purposes of this Agreement, will be an amount equal to the fair market value of such Property in an arms-length transaction.
"Property" means the Real Property and the Personal Property.
"Purchase Price" means, with respect to each Lot or other item or Personal Property and with respect to each parcel of Real Property, an amount equal to the Hammer Price or High Bid Subject to Confirmation, as the case may be, plus the Buyer's Premium.
"Real Property" means, if applicable, the real property, including improvements, located at the address stated in specific Real Property/Real Estate Terms & Conditions. If the Real Property is comprised of separately deeded parcels, such separately deeded parcels are identified on a List of Separately Deeded Parcels in specific Real Property/Real Estate Terms & Conditions.
"Realty Closing" means the time and place at which Seller sells, transfers, assigns, and conveys all of Seller's right, title and interest in and to the Real Property to the Buyer, and at which the Buyer pays the Purchase Price in full.
"Realty Closing Date" means the date on which the Realty Closing occurs.
"Realty Deposit" means, with respect to Real Property out up at the Auction, the money that the Winning Bidder, or the Bidder making the High Bid Subject to Confirmation, as the case may be, must deposit with Auctioneer on the execution of the Realty Purchase and Sale Agreement.
"Realty Purchase and Sale Agreement" means the contract for the purchase and sale of Real Property put up at the Auction executed at the close of bidding by the Winning Bidder, or the Bidder making the High Bid Subject to Confirmation, as the case may be. In auctions Subject to Seller's Confirmation, Seller will execute the Realty Purchase and Sale Agreement only on Seller's Confirmation of the High Bid Subject to Confirmation.
"Registered Bidder" means a person or entity that has registered to bid at the Auction and has been issued a Bidder Number.
"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" refers to circumstances under which a seller of property offered at auction reserves the right to accept or decline any and all bids prior to the Fall of the Hammer. UNLESS SPECIFICALLY AND EXPRESSLY STATED OTHERWISE IN WRITING ALL PROPERTY IS OFFERED WITH RESERVE.
"Reserve Price" means, if applicable, the minimum price that Seller is willing to accept for Property.
"Seller's Confirmation" means Seller's confirmation, approval, and acceptance of the High Bid Subject to Confirmation acknowledged and recorded by Auctioneer.
"Struck Off" or "Strikes Off" means that Auctioneer has acknowledged the Winning Bid on a Lot or other item of Personal Property or Real Property with the Fall of the Hammer, or by announcing "sold", or by giving a similar such indication. Property may be Struck Off electronically at the conclusion of a timed online auction event. For Real Property Subject to Seller's Confirmation, the Real Property is Struck Off on Seller's Confirmation of the High Bid Subject to Confirmation. (See "Knocked Down" or "Knock Down").
"Subject to Seller's Confirmation" means, with respect to the Real Property, 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 the Auction is Subject to Seller's Confirmation, confirmed by Seller) for Property put up at the Auction.
"Winning Bidder" means the Bidder who is recognized by Auctioneer as having made the Winning Bid.
3. Auction Conducted in the Commonwealth of Pennsylvania. The Auction is conducted in the Commonwealth of Pennsylvania. All Property is offered for sale in the Commonwealth of Pennsylvania, and will be Knocked-Down or Struck Off in the Commonwealth of Pennsylvania. Notwithstanding the physical location of any Participant, these Bidder Terms and Conditions are entered into in the Commonwealth of Pennsylvania, all bids and payments are received in the Commonwealth of Pennsylvania and the Realty Purchase and Sale Agreement, if any, will be formed and entered into in the Commonwealth of Pennsylvania.
4. 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.
The Buyer's Premium for Personal Property will be amount equal to as follows: Online Bidding 18% Credit Card, 17% Check & 15% Cash AND Onsite Bidding 13% Credit Card, 12% Check & 10% Cash
The Buyer's Premium for Real Property will be amount equal to the percentage described in the separate and specific Terms And Conditions for sale of Real Property/Real Estate.
5. 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.
6. 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 and Conditions 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 and Conditions. In Auctioneer's discretion, bids may be received from a person who has not registered to bid, and/or who has not satisfied all requirements for Bidder Registration, and/or who has not been issued a Bidder Number, provided that such person immediately completes a Bidder Registration, is issued a Bidder Number, and agrees to be bound by these Bidder Terms and Conditions.
7. All Property Offered with Reserve. All Property (including both the Personal Property and the Real Property) is offered With Reserve, and, as such, any bid may be rejected and the Property may be withdrawn by Auctioneer at any time before the Fall of the Hammer.
8. Bidding. Registered Bidders may only bid at the Auction by agreeing to be bound by these Bidder Terms and Conditions. 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 Conditions, and affirms that such Registered Bidder is subject to and bound by these Bidder Terms and Conditions.
9. No Bid Retraction. No Bidder may retract a bid that has been acknowledged by Auctioneer or that has been submitted online. Further to the foregoing, eac h 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, each Bidder agrees not to withdraw or to attempt to withdraw any tendered bid that has been acknowledged by Auctioneer.
10. Online Bidding. If and to the extent that online or internet bidding is available, the following terms and conditions will apply:
10.1. Online Bidding Registration. Any Registered Bidder desiring to bid online, or to establish the possibility of bidding on line, is required to create an online bidding account by completing all necessary online forms and providing all required information.
10.2. Auction Site Notices and Announcements. Any Registered Bidder participating at the Auction online is responsible for becoming aware of all notices and announcements made or given at the Auction Site, or as otherwise published on Auctioneer's website.
10.3. Posted Times. All times are based on the Eastern Standard Time zone unless stated otherwise. Any posted closing times and time displays at the Auction Site and online are approximate. Auctioneer reserves the right to close early or extend the Auction at any time at its sole and absolute discretion.
10.4. 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.
10.5. No Reduction or Retraction of Online Bids. Online bids may not be reduced or retracted.
10.6. Online Bidding Increments. While Auctioneer may, at Auctioneer's discretion, vary bid increments at the Auction Site, Registered Bidders bidding online may only bid in whole bidding increments.
10.7. 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 the bid made at the Auction Site will generally take precedence.
10.8. Records of Online Sales. The record of sale kept by Auctioneer will be conclusive and final in all disputes, and otherwise. In the event of a discrepancy between any online records or messages provided to a Registered Bidder bidding online and the record of sale kept by Auctioneer, Auctioneer's record of sale will govern.
10.9. Technical Considerations. Auctioneer will not be responsible for errors or failures to execute bids placed over the internet, including, without being limited to, errors or failures caused by: (i) a loss of connection; (ii) a breakdown or problems with the online bidding software and/or (iii) a breakdown or problems with a Registered Bidder's internet connection, computer, or system.
10.10. Failure to Execute Online Bids. Execution of online internet bids is a service undertaken subject to other commitments at the time of the sale and Auctioneer does not accept liability for failing to execute an online bid or for errors or omissions in connection with this activity.
10.11. Disclaimer of Warranty and Release. Each Registered Bidder acknowledges and agrees that online bidding is at such Registered Bidder's sole risk, responsibility and obligation. Neither Auctioneer nor the Seller represent or warrant that the website will be uninterrupted, error free or virus free; nor do they make any representation or warranty as to the results that may be obtained from the use of the website, or as to the accuracy, completeness, reliability, security, or currency of the website.
11. Absentee Bids; Execution of Absentee Bids. Absentee bids may be accepted in Auctioneer's sole and absolute discretion. The execution of an Absentee Bid will typically be commenced at a percentage of the maximum amount of the Absentee Bid as determined by Auctioneer in Auctioneer's sole and absolute discretion, and will be advanced competitively until the Fall of the Hammer or until maximum amount of the Absentee Bid is reached, whichever occurs first. Auctioneer will make all reasonable efforts to execute Absentee Bids, but active bidding by Bidders in attendance at the Auction may render the execution of an Absentee Bid impracticable. Neither Auctioneer not Seller will have any liability to an Absentee Bidder for the failure to execute an Absentee Bid. Each Absentee Bidder acknowledges and agrees that Property may be sold to another Bidder for the maximum amount of the Absentee Bid based on a bidding sequence that causes another Bidder to reach the such amount first. If the execution of an Absentee Bid at its maximum amount would require Auctioneer to accept a bid that is less than a full bidding increment, Auctioneer has the sole and absolute discretion to accept or reject such bid. An Absentee Bidder may authorize Auctioneer to advance the bid by one or more bidding increments after the maximum amount of the Absentee Bid is, or would be, reached.
12. Bid Increments. Bid increments are established and controlled by Auctioneer, and may be adjusted or modified in Auctioneer's sole and absolute discretion.
13. 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.
14. Withdrawal of Property by Auctioneer. Auctioneer has the absolute right to withdraw any Property from the Auction prior to the Fall of the Hammer with respect to such Property.
15. Winning Bid; Buyer. Pursuant to these Bidder Terms and Conditions, 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.
16. 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.
17. Announcements. Subject to the limitation set forth in these Bidder Terms and Conditions, all terms and conditions and other announcements made by Auctioneer on the day of the Auction are binding and take precedence over any advertisements or listings.
18. 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.
19. 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. 20. Contract of Sale for Personal Property. By operation of these Terms and Conditions and Section 2-328(b) of the Uniform Commercial Code, 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 and Conditions, together with Auctioneer's clerking sheets or other physical or digital notation identifying the Lot, the Hammer Price, and the Buyer, will be conclusive evidence as to the terms of the sale. These Bidder Terms and Conditions will be incorporated into the contract between each Buyer and Seller.
20. Contract of Sale for Personal Property. By operation of these Terms and Conditions and Section 2-328(b) of the Uniform Commercial Code, 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 and Conditions, together with Auctioneer's clerking sheets or other physical or digital notation identifying the Lot, the Hammer Price, and the Buyer, will be conclusive evidence as to the terms of the sale. These Bidder Terms and Conditions will be incorporated into the contract between each Buyer and Seller.
21. Conductt of the Auction. Auctioneer will regulate all matters relating to the conduct of the Auction and Auctioneer's decision will be final and binding. Auctioneer will have control over bidding at the Auction, 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 terminating on recognition of a High Bid Subject to Confirmation, 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, 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.
22. Upon Fall of the Hammer. You become the winning bidder upon the fall of the hammer at auction and assume responsibility for the items you purchased, even if you have not checked out yet or item has been shipped. You are advised to insure and safeguard against theft, loss, and/or breakage. Everything purchased must be removed the day of auction unless purchased by proxy via absentee or over the internet where pickup and/or shipping arrangements are arranged by Buyer and Auctioneer. If no arrangements have been made the items will be considered abandoned property after seven (7) days and subject to being disposed of as Auctioneer deems fit and will be subject to costs and expenses related to having items removed and/or disposed of by Auctioneer. Plain and simple YOU BOUGHT IT, YOU OWN IT, YOU REMOVE IT! In addition to the hammer price, all shipping will be paid by Buyer and must include insurance to the value of the hammer price which is the established true market value of the personal property.
23. All Sales Final. ALL SALES ARE FINAL.
24. 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 paid by Buyer to appropriate government entities.
25. Payment for Personal Property. All Lots of Personal Property must be paid for in-full by the Buyer on the day of the Auction, at or before the conclusion of the Auction, and before any Personal Property is removed from the Auction Site by or on behalf of the Buyer. Onsite purchases may be paid in cash or its equivalent, or by credit card, or by approved check. Purchases by remote Buyers must be paid by credit card or wire transfer. No Refunds will be Granted. No Exchanges will be Permitted.
26. Abandoned Items. Any Lots not paid in full, not picked up and removed in the time provided, or for which payment has not cleared for shipping, 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 Struck Off to them.
27. Returned Checks. Any checks that are returned unpaid will be subject to a returned check fee in the amount of $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.
28. No Stop Payment Orders or Credit Card Charge-Backs. 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 charge-back with respect to any purchases at the Auction. Each Bidder further agrees that if, in violation of these Terms and Conditions, a stop payment order is issued or a credit card charge-back is initiated, these Bidder Terms and Conditions 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 charge-back, and (ii) agreement not to issue a stop payment order or to initiate a credit card charge-back; and each Bidder acknowledges and agrees that on Auctioneer's presentation of these Bidder Terms and Conditions to the bank, credit card company, or other financial institution against which a check was drawn or that issued the credit card on which charges were made, such bank, credit card company, or other financial institution will reverse any stop-payment order and/or deny any credit card charge-back, and will re-credit all amounts to or for the account of Auctioneer. If, in violation of these Bidder Terms and Conditions, a Bidder issues a stop payment order or initiates a credit card charge-back, 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 charge-back 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 charge-back 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 charge-back in accepting such Bidder's Bidder Registration and in issuing a Bidder Number.
29. 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.
30. Risk of Loss for Personal Property. Risk of loss with respect to Personal Property Struck Off at the Auction passes to the Buyer with the Fall of the Hammer. Neither Auctioneer nor Seller will be liable for any loss or damage to Property after such Property is Struck Off at the Auction.
31. 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.
32. Seller's Remedies. If any Buyer breached such Buyer's obligations under these Terms and Conditions or under a sale contract with the Seller of Property Struck Off at the Auction, 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.
33. Indemnification. Each Bidder agrees to indemnify and hold Auctioneer and Seller harmless from any current or future claim regarding the Auction or the Property, including, without being limited to, fitness, use, damage, safety, or injuries to persons or property.
34. 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 or during the Auction. If any of the Property is not Struck Off at the Auction and Seller enters into an agreement to sell (i) any of the Personal Property within ten (10) days after the Auction, and/or (ii) any of the Real Property within ninety (90) days after the Auction, Auctioneer will be entitled to receive an amount equal to Auctioneer's full Commission and Buyer's Premium.
35. Bid Pooling. Bid pooling occurs when Bidders collude to regulate, and artificially suppress, bidding in an effort to reduce the Hammer Price. Bid pooling is a felony. Anyone participating in bid pooling will be referred for prosecution.
36. Theft. 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 privileges.
37. Governing Law; Jurisdiction; Venue. These Bidder Terms and Conditions will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, including its statutes of limitations, but without regard to its rules governing conflict of laws. All claims, disputes, and other matters between the parties will be brought in the state or federal courts sitting in and for Centre County, Pennsylvania, 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 and Conditions, or the transactions contemplated hereby, will be brought in the state or federal courts sitting in and for Centre County, Pennsylvania; (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.
38. Attorneys' Fees. If any Participant breaches such Participant's obligations under these Bidder Terms and Conditions, Auctioneer and/or Seller will be entitled to recover all costs and expenses, including attorneys' fees incurred in enforcing their respective rights hereunder.
We thank you for attending the auction & wish you all the best of Providence.
Yours in the King,
Skip Dreibelbis, Auctioneer of Record & Authorized Representative of True Blue Auctions LLC
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Listing Information |
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AUCTION HAS BEEN CANCELLED - SETTLEMENT REALIZED
ABSOLUTE AUCTION RESTAURANT LIQUIDATION
EVERYTHING WILL BE SOLD! IF IT DOESN'T GROW, IT WILL GO!
9:30 Thursday June 27
When restaurant opened, everything was purchased NEW!
Unfortunately, this Restaurant must close their doors and everything they have will be sold!
Join Us for a full day of Auction!
Bring Your Tools & People To Disconnect & Move What You Buy! EVERYTHING Must Be Removed By Appointment ONLY by 5PM Saturday July 6.- Paid Invoice Must Be Shown & Will Be Checked Off By Our Representive On-Site At Your Scheduled Pickup Time.
Unable To Attend An Auction In Person? NO PROBLEM!!!
We Never Limit Our Clients & Customers By Restricting Who May Participate At Their Auction.
We Provide LIVE Internet Bidding! Can't Bid Live? Absentee & Your Bids Will Be Placed Competively At The Auction.
We Also Permit Payment With Credit Cards
*Catalog & Order Of Items Being Sold Will Be Random & NOT In Numerical Order.
NO TAXES ON ANY ITEMS SOLD
12 Noon a 10 Minute Intermission Will Take Place For Everyone To Use Restroom & Get Food & Drink
SAVE BY PAYING WITH CASH
Buyer Premium Schedule:
Online Bidding 18% Credit Card, or Pay When Picking Up 17% Check & 15% Cash
Onsite Bidding 13% Credit Card, 12% Check & 10% Cash 1 Framed BRGR Print Framed BRGR Print 2 Framed Mirror Framed Mirror 3 Samsung HD TV Samsung HD TV 4 Framed Print Framed Print 5 Framed Mirror Framed Mirror 6 Samsung HDTV Samsung HDTV 7 Framed Print Framed Print 8 Samsung HDTV Samsung HDTV 9 Neck Yoke Neck Yoke 10 Art - Framed Deposit Boxes Art - Framed Deposit Boxes 11 Vitage Wagon Wheel Vitage Wagon Wheel 12 Samsung HDTV Samsung HDTV 13 Vintage Wagon Wheel Vintage Wagon Wheel 14 Vintage Wagon Wheel Vintage Wagon Wheel 15 Vintage Wagon Wheel Vintage Wagon Wheel 16 Vintage Knowltons Milk Sign Vintage Knowltons Milk Sign 17 Antler Lighting Antler Lighting 18 Forged Iron Bale Hooks Forged Iron Bale Hooks 19 Forged Iron S Hooks Forged Iron S Hooks 20 Forged Iron Bale Hooks Forged Iron Bale Hooks 21 Framed BRGR Print Framed BRGR Print 22 Framed Mirror Framed Mirror 23 Samsung HDTV Samsung HDTV 24 Framed BRGR Print Framed BRGR Print 25 Framed Mirror Framed Mirror 26 Samsung HDTV Samsung HDTV 27 Framed BRGR Print Framed BRGR Print 28 Framed Mirror Framed Mirror 29 Framed Print Framed Print 30 Framed Mirror Framed Mirror 31 Samsung HDTV Samsung HDTV 32 Framed Print Framed Print 33 Framed Mirror Framed Mirror 34 Neck Yoke Neck Yoke 35 Art - Framed Deposit Boxes Art - Framed Deposit Boxes 36 Framed Blue Moon Sign Art - Framed Deposit Boxes 37 4 Metal Chairs Oak Street Model No. OD-CM-820-PNT XL Brewhouse Stacking Dining Chair, indoor/outdoor, metal back & seat metal frame, non-marring poly glides, silver bullet paint Note: Purchased new with 1 yr. warranty against defects in material and workmanship, st... 38 4 Metal Bar Stools Oak Street Model No. OD-BM-820-PNT-XL XL Brewhouse Stacking Bar Stool, Indoor/outdoor, metal back & seat, metal frame, footrest, non-marring poly glides, silver bullet paint Note: Purchased new with 1 yr. warranty against defects in material and work... 39 9 Lights with Shade 9 Lights with Shade 40 30 Lights 30 Lights 41 Metal Stool Metal Stool 42 6 Hanging Safe Deposit Key Displays 6 Hanging Safe Deposit Key Displays 43 2 Rows of Hanging Lights 2 Rows of Hanging Lights 44 Bison Mount Bison Mount 45 Vintage Wood Storage Stand Vintage Wood Storage Stand 49 Samsung HDTV Samsung HDTV 46 36" X 24" Table 36" X 24" Table 50 Samsung HDTV Samsung HDTV 47 30" X 24" Table 30" X 24" Table 51 Samsung HDTV Samsung HDTV 48 30" X 42" Table 30" X 42" Table 52 Samsung HDTV Samsung HDTV 53 Samsung HDTV Samsung HDTV 54 Samsung HDTV Samsung HDTV 55 Samsung HDTV Samsung HDTV 56 30" X 24" High Top Table 30" X 24" High Top Table 57 72" X 30" High Top Table 72" X 30" High Top Table 58 Vintage S&H Green Stamps Sign Vintage S&H Green Stamps Sign 59 Art - Framed Deposit Boxes Art - Framed Deposit Boxes 60 Vintage Sign Vintage Sign - R.L. Rathbun Feed & Grain Co. 61 16 Metal Condiment Holders 16 Metal Condiment Holders 62 Vintage Large Metal Coke Sign Vintage Large Metal Coke Sign 63 Antler Decorative Lighting Antler Decorative Lighting 64 Antler Decorative Lighting Antler Decorative Lighting 65 Wagon Wheel Wagon Wheel 66 Round Table Round Table 67 Ottoman Bench Foot Stool Seat Ottoman Bench Foot Stool Seat 68 Ottoman Bench Foot Stool Seat Ottoman Bench Foot Stool Seat 69 Ottoman Bench Foot Stool Seat Ottoman Bench Foot Stool Seat 70 Ottoman Bench Foot Stool Seat Ottoman Bench Foot Stool Seat 71 Ottoman Bench Foot Stool Seat Ottoman Bench Foot Stool Seat 72 Ottoman Bench Foot Stool Seat Ottoman Bench Foot Stool Seat 73 US Flag US Flag 74 HAND SINK John Boos Model No PBHS-W-1410-1-SSLR-X HAND SINK John Boos Model No. PBHS-W-1410-1-SSLR-X Pro-Bowl Hand Sink, wall mount, 14"W x 10" front-to-back x 5" deep bowl, (1) centered splash mount faucet hole, 1-7/8" drain opening with basket drain, with left & right side splashes, includes mount... 75 GAS FLOOR FRYER GAS FLOOR FRYER Pitco Frialator Model No. SG14-S - Solstice, Fryer, gas, floor model, full frypot, 40-50 lb. oil capacity, millivolt control ONLY, stainless steel tank, front, door & sides, 110,000 BTU, CE, CSA Flame, CSA Star, AuGA (free standing, s... 76 WORK TABLE, STAINLESS STEEL TOP WORK TABLE, STAINLESS STEEL TOP John Boos Model No. E~3615 Filler Table, 15''W x 36"0, 18/400 stainless steel top with 1-1/2" backsplash, Stallion Safety Edge front, goo turndown on sides, galvanized legs & adjustable undershelf, plastic bullet feet,... 77 SANDWICH/ SALAD PREPARATION REFRIGERATOR SANDWICH/ SALAD PREPARATION REFRIGERATOR Turbo Air Model No. MST-28-N M3 Series Sandwich/Salad Unit, one-section, rear mount selfcontained compressor, 7.0 cu. ft., 8-pan top opening with hood, (1) field reversible swing door, (1) PE coated wire shelf... 78 WALL/ SPLASH MOUNT FAUCET Model No. KHS15-4000 WALL/ SPLASH MOUNT FAUCET Component Hardware Model No. KHS15-4000 TOP-LIN Ee Economy Hand Sink Faucet, wall mount, 4" OC, knob handles, 3-1/2" swivel gooseneck spout, polished chrome plated plastic, double o-ring spout, 2.0 gpm aerator with full flow... 79 HAND SINK John Boos Model No. PBHS-W-1410-1-SSL-X HAND SINK - John Boos Model No. PBHS-W-1410-1-SSLR-X Pro-Bowl Hand Sink, wall mount, 14"W x 10" front-to-back x 5" deep bowl, (1) centered splash mount faucet hole, 1-7 /8" drain opening with basket drain, with left & right side splashes, includes mo... 80 WALL/ SPLASH MOUNT FAUCET Model No. KHSlS-4000 TOo WALL/ SPLASH MOUNT FAUCET Component Hardware Model No. KHSlS-4000 TOP-LINEo Economy Hand Sink Faucet, wall mount, 4" OC, knob handles, 3-1/2" swivel gooseneck spout, polished chrome plated plastic, double o-ring spout, 2.0 gpm aerator with full flow ... 81 FOOD PROCESSOR BENCHTOP / COUNTERTOP FOOD PROCESSOR, BENCHTOP / COUNTERTOP Robot Coupe Model No. R301 ULTRA D Series Combination Food Processor, 3.7 liter stainless steel bowl with handle, continuous feed kit with kidney shaped & cylindrical shaped hoppers, includes: (1) "S" blade (2728... 82 Stoelting Icecream Machine Stoelting Icecream Machin SOFT SERVE MACHINE Stoelting Model No. Elll-371-A Soft-Serve Freezer, counter top, 15-1/8"W x 28-7 /8"0 x 35-5/8"H, air cooled, (1) flavor, gravity, 13.6 quart hopper, & 2.6 quart freezing cylinder, digital microprocessor co... 83 WARMING DRAWER, FREE STANDING - Hatco WARMING DRAWER, FREE STANDING Hatco Model No. HOW-2 Warming Drawer Unit, Free Standing, two drawers, includes (1) standard 6" deep food pan per drawer per drawer, stainless steel construction, thermostatic controls, NSF, cULus, Made in USA Note: Purc... 84 WORKTOP FREEZER Turbo Air Model No. 1WF-48SD-N WORKTOP FREEZER Turbo Air Model No. 1WF-48SD-N Super Deluxe Worktop Freezer, two-section, 12.0 cu. ft., self-cleaning condenser equipped, LED interior lighting, (2) stainless steel doors with recessed handles, stainless steel interior & exterior, ABS... 85 COMPARTMENT SINK - Turbo Air Model $ TSA-1-N COMPARTMENT SINK Turbo Air Model No. TSA-1-N Prep Sink, 1-compartment, 18" wide x 18" front-to-back, 13" deep bowl, ll"H backsplash, 18/304 stainless steel bowl, galvanized gussets & tubular legs with adjustable ABS feet, 86 WORK TABLE, 30", STAINLESS STEEL TOP WORK TABLE, 30", STAINLESS STEEL TOP John Boos Mociei No. 2430GSK Work Table, 30"W x 24"0, 14/300 stainless steel flat top, with Stallion Safety Edge front & back, 90� turndown on sides, galvanized legs & adjustable undershelf, adjustable bullet... 87 WORK TABLE, STAINLESS STEEL TOP WORK TABLE, STAINLESS STEEL TOP Turbo Air Model No. TSW-3060SB Work Table, 60"W x 30"0, 18/304 stainless steel top with 1-1/2"H rear, up-turn, with adjustable galvanized undershelf & legs with adjustable. ABS bullet feet 88 SHELVING, WALL MOUNTED Turbo Air Model No. TSWS-1 SHELVING, WALL MOUNTED Turbo Air Model No. TSWS-1260 Wall Mount Shelf, 12 x 60, 304 stainless steel 89 Milkshake Machine Milkshake Machine 90 STAINLESS STEEL SHELVING, WALL MOUNTED SHELVING, WALL MOUNTED BHS 1260 Turbo Air Model No. TSWS-1260 Wall Mount Shelf, 12 x 60, 304 stainless steel 91 Stainless Steel Wall Mounted Shelf Turbo Air SHELVING, WALL MOUNTED Turbo Air Model No. TSWS-1296 Wall Mount Shelf, 12 x 96, 304 stainless steel 92 REACH-IN FREEZER - Turbo Air Model M3F19-l-N REACH-IN FREEZER - Turbo Air Model No. M3F19-l-N - M3 Freezer, reach-in, one-section, 18.44 cu. ft., exterior LED digital thermometer, door open beep, self-diagnostic monitoring system, hot gas condensate system, smart fuzzy defrost, automatic fan mo... 93 Ice Machine ICE CUBER Manitowoc Model No. IYT1500A (CONTACT DISTRIBUTOR FOR AVAILABILllY) Indigo NXT� Series Ice Maker, cube-style, air-cooled, self-contained condenser, 48"W x 24"0 x 29-1/2"H, production capacity up to 1800 lb/24 hours at 70�/50�... 94 Forged Iron Hook Forged Iron Hook 95 Framed Mirror Framed Mirror 93 96 Forged Iron Hook Forged Iron Hook 110 Cooking Utensils Cooking Utensils - Grill & Skillet & More! 116 Array Toilet Paper Array Toilet Paper 117 Baking Pans Baking Pans 119 Fry Baskets Fry Baskets 122 125 Baking Pans Baking Pans 129 12 Metal Condiment Holders 12 Metal Condiment Holders 130 4 Metal Chairs Oak Street Model No. OD-CM-820-PNT XL Brewhouse Stacking Dining Chair, indoor/outdoor, metal back & seat metal frame, non-marring poly glides, silver bullet paint Note: Purchased new with 1 yr. warranty against defects in material and workmanship, st... 131 4 Metal Chairs Oak Street Model No. OD-CM-820-PNT XL Brewhouse Stacking Dining Chair, indoor/outdoor, metal back & seat metal frame, non-marring poly glides, silver bullet paint Note: Purchased new with 1 yr. warranty against defects in material and workmanship, st... 132 4 Metal Chairs Oak Street Model No. OD-CM-820-PNT XL Brewhouse Stacking Dining Chair, indoor/outdoor, metal back & seat metal frame, non-marring poly glides, silver bullet paint Note: Purchased new with 1 yr. warranty against defects in material and workmanship, st... 133 4 Metal Chairs Oak Street Model No. OD-CM-820-PNT XL Brewhouse Stacking Dining Chair, indoor/outdoor, metal back & seat metal frame, non-marring poly glides, silver bullet paint Note: Purchased new with 1 yr. warranty against defects in material and workmanship, st... 134 4 Metal Chairs Oak Street Model No. OD-CM-820-PNT XL Brewhouse Stacking Dining Chair, indoor/outdoor, metal back & seat metal frame, non-marring poly glides, silver bullet paint Note: Purchased new with 1 yr. warranty against defects in material and workmanship, st... 135 4 Metal Chairs Oak Street Model No. OD-CM-820-PNT XL Brewhouse Stacking Dining Chair, indoor/outdoor, metal back & seat metal frame, non-marring poly glides, silver bullet paint Note: Purchased new with 1 yr. warranty against defects in material and workmanship, st... 136 4 Metal Chairs Oak Street Model No. OD-CM-820-PNT XL Brewhouse Stacking Dining Chair, indoor/outdoor, metal back & seat metal frame, non-marring poly glides, silver bullet paint Note: Purchased new with 1 yr. warranty against defects in material and workmanship, st... 137 Levante Beer Tap Levante Beer Tap 138 Heavy Drop Sour New England IPA Beer Tap Heavy Drop Sour New England IPA Beer Tap 139 Locust Lane Beer Tap Locust Lane Beer Tap 140 Great Lakes Brewing Co Christmas Ale Beer Tap Great Lakes Brewing Co Christmas Ale Beer Tap 141 Locust Lane Beer Tap Locust Lane Beer Tap 142 Axeman Brewery Beer Tap Axeman Brewery Beer Tap 143 Cinnamon Roll Imperial Ale Soutern Tier Beer Tap Cinnamon Roll Imperial Ale Soutern Tier Beer Tap 144 Rhinegeist Cincy Made Bubbles Rose Ale Beer Tap Rhinegeist Cincy Made Bubbles Rose Ale Beer Tap 145 Bells Brewery Official Ale Beer Tap Bells Brewery Official Ale Beer Tap 146 Yuengling Hershey's Chocolate Porter Beer Tap Yuengling Hershey's Chocolate Porter Beer Tap 147 Yuengling Hershey's Chocolate Porter Beer Tap Yuengling Hershey's Chocolate Porter Beer Tap 148 Bells Two Hearted Ale Beer Tap Bells Two Hearted Ale Beer Tap 149 Bud Light Seltzer Beer Tap Bud Light Seltzer Beer Tap 150 Leinenkugel Summer Shandy Beer Tap Leinenkugel Summer Shandy Beer Tap 160 Rhinegeist Cincy Made Bubbles Rose Ale Beer Tap Rhinegeist Cincy Made Bubbles Rose Ale Beer Tap 161 Great Lakes Brewing Co Christmas Ale Beer Tap Great Lakes Brewing Co Christmas Ale Beer Tap 162 Elk Creek Poe Paddy Porter Beer Tap Elk Creek Poe Paddy Porter Beer Tap 163 Woodchuck Hard Cider Blueberry Cider Beer Tap Woodchuck Hard Cider Blueberry Cider Beer Tap 164 Rhinegeist Frosted Sour Glow Beer Tap Rhinegeist Frosted Sour Glow Beer Tap 165 Strawberry Lemonade Beer Tap Strawberry Lemonade Beer Tap 166 Bud Light Seltzer Bud Light Seltzer 167 Woodchuck Hard Cider Blueberry Cider Beer Tap Woodchuck Hard Cider Blueberry Cider Beer Tap 168 Elk Creek Brookie Brown Ale Beer Tap Elk Creek Brookie Brown Ale Beer Tap 169 Victory Brother Love Hazy IPA Beer Tap Victory Brother Love Hazy IPA Beer Tap |
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