NEW CALIFORNIA WAREHOUSE

ALL TERMS, BUYER'S PREMIUM RATES, REMOVAL DATES AND PAYMENT INSTRUCTIONS ANNOUNCED ON THE DAY OF SALE WILL SUPERSEDE ANYTHING PREVIOUSLY STATED.

SHIPPING IS THE RESPONSIBILITY OF THE BUYER AND IS NOT INCLUDED IN THE FINAL PURCHASE PRICE.

Credit cards will be charged for auction purchases following the completion of the sale, the auction company may call bidders to obtain payment information.
602 442 4554 or 1-877-726-2828

PAYMENT MUST BE MADE IN FULL AT THE COMPLETION OF THE SALE-NO EXCEPTIONS

ALL SALES ARE FINAL

All property is sold AS IS, WHERE IS?, and ALL SALES ARE FINAL. Property is open to thorough public inspection. It is the Bidders responsibility to determine condition, age, genuineness, value or any other determinative factor. Surplus Asset Management may attempt to describe the merchandise in advertising, on the Internet and at the auction but makes no representations. In no event shall Surplus Asset Management be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value.

Bidders who bid from off site and are not present at the live auction or preview understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. It is the Bidder?s responsibility to determine condition, age, genuineness, value or any other determinative factor. Surplus Asset Management shall endeavor to describe in detail each item and any pertinent information about it.

Surplus Asset Management will not be responsible for any errors or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the item itself. Bidder agrees that everything is sold as is and that they may not return any item they purchase.

Surplus Asset Management is providing Internet pre-auction and live bidding as a service to Bidder. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall Bidder have any kind of claim against Surplus Asset Management or anyone else if the Internet service fails to work correctly before or during the live auction. Surplus Asset Management will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should use the proxy-bidding feature and leave their maximum bid 24 hours before the auction begins. Surplus Asset Management reserves the right to withdraw or re-catalog items in this auction.

ALL SALES ARE FINAL

All property is sold AS IS, WHERE IS, and ALL SALES ARE FINAL. Property is open to thorough public inspection. It is the Bidders responsibility to determine condition, age, genuineness, value or any other determinative factor. Surplus Asset Management may attempt to describe the merchandise in advertising, on the Internet and at the auction but makes no representations. In no event shall Surplus Asset Management be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value.

Bidders who bid from off site and are not present at the live auction or preview understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. It is the Bidders?s responsibility to determine condition, age, genuineness, value or any other determinative factor. Surplus Asset Management shall endeavor to describe in detail each item and any pertinent information about it.

Surplus Asset Management will not be responsible for any errors or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the item itself. Bidder agrees that everything is sold as is and that they may not return any item they purchase.

Surplus Asset Management is providing Internet pre-auction and live bidding as a service to Bidder. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall Bidder have any kind of claim against Surplus Asset Management or anyone else if the Internet service fails to work correctly before or during the live auction. Surplus Asset Management will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should use the proxy-bidding feature and leave their maximum bid 24 hours before the auction begins. Surplus Asset Management reserves the right to withdraw or re-catalog items in this auction.

All Sales are Final

1.   Bidder acknowledges, by bidding on an item, s/he has thoroughly inspected the item.  All merchandise is sold “AS-IS, WHERE-IS, and AS-INSPECTED”.  Bidder accepts and assumes the risk that an item may contain latent or patent defects.  Seller makes no warranties, guarantees, or representations, expressed or implied, of any kind including, but not limited to, the condition, genuineness, authenticity or merchantability any item. Seller does not warrant that any information provided to the Bidder or others, whether printed or on line, about the items for sale is true and accurate.

2. A Buyer’s premium will be added to the winning bid.  The amount of such premium announced or conspicuously posted on the day of the auction shall control.  If the buyer’s premium is neither announced nor posted on the date of sale, the buyer’s premium shall be 10% Cash, 13% Credit Card, 16% Online Bidder.

3.  Payment in full is due on the day of sale by Cash, Bank Issued Cashiers Check, Visa, MasterCard, American Express, or Discover.  Bidder waives any and all rights to initiate a credit card charge-back.  Wire transfers may be made the day following the sale.  After 48 hours an administrative fee of $300 per day will be added to the purchase price.  No item may be moved from Seller’s location until Seller receives payment in full.

4.   Applicable state sales or transaction privilege taxes will be added to all purchases.  Exempt Bidders must provide a copy of their sales tax exempt certificate to the Seller at the time of purchase which states they are a Dealer/Reseller of End Product.  Seller will retain the certificate for 12 months.  Bidders unable to provide a copy of a tax-exemption certificate at time of payment must pay all applicable sales or transaction privilege taxes and seek refund through appropriate government agencies. In some cases production equipment purchased by wholesale bakeries are exempt from sales tax. Seller will not provide a tax refund.

5. Upon the fall of the auctioneer’s gavel, Bidder unconditionally contracts to purchase the item, but title does not pass until Seller receives full payment.  Nevertheless, property held by the Seller after the sale, but before full payment is at the risk of the Bidder and the Seller shall not be responsible for the loss or damage due to theft, fire, breakage, or any other cause whatsoever.

6. Bidder shall make arrangements, at Bidder’s sole expense, liability and risk to pick up the item after the sale by the date announced at the sale, no exceptions.  Bidder is responsible for providing labor, material, insurance and equipment (fork lift, dollies, ladders, tools, etc.) to safely move Bidder’s purchases.  Before entry into the building for removal by Bidder its agents, employees or contractors, Bidder shall provide Seller with a current certificate of insurance covering general liability for injury to person and damage to property in an amount not less than $1,000,000 for each occurrence and which shall provide that Seller be provided with thirty (30) days written notice prior to cancellation of such policy.  Bidder shall assume all responsibility for the removal of any item of property purchased at the sale and all risks associated with such removal including without limitation, the responsibility for providing licensed and bonded professionals to ensure proper water, gas and/or power disconnections, and full financial responsibility for any damage or liability to persons or property resulting from any negligent act or omission of Bidder or any of Bidder’s employees, agents and/or contractors during pick-up and removal.  Bidder and its agents and contractors shall not unreasonably interfere with Seller’s business operations.  Bidder agrees that in the event purchased merchandise contains any environmental hazards, toxic waste or other type of hazardous materials in any form whatsoever, Bidder shall provide to Seller evidence reasonably acceptable to Seller that Bidder or its representatives are licensed for such removal and shall comply with all applicable local, state and/or federal rules, laws and regulations.  Seller, its agents or representatives will not be responsible for containment, storage or removal of hazardous material. 

7.   Seller’s liability for failure to make a purchased item available for pick-up shall be limited to a refund of the amount paid for such item and nothing more.

8. Seller reserves the right to withdraw any item from the sale, to sell items that are not listed, to group one or more items into one lot for sale and to break up groups of items and sell them separately.

9. Shipping is ALWAYS the responsibility of the Winning Bidder. Any Rigging or Removal provided on site would be FOR HIRE for additional fees.

10. Bidder agrees to pay any and all charges and expenses incurred by reason of any breach of the terms and conditions of this sale, including, without limitation, all Seller’s attorney’s fees and costs.  Items not removed by the Bidder before the removal deadline (“Abandoned Purchases”) may, at Seller’s option be removed or resold at Bidder’s expense without notice to Bidder.  Bidder forfeits all right, title and interest in or to Abandoned Merchandise.  Any consideration paid, or Letters of Credit issued, for Abandoned Merchandise will be retained by Seller.  If Abandoned Merchandise is resold, Bidder waives and disclaims any right to credit for such resale and the amount received shall not reduce, in any amount, Seller’s claim for damages for Bidder’s breach.

11. Any disputes between the Bidder and the Seller must be filed and litigated in Phoenix, AZ, without regard to choice of law provisions, and Bidder irrevocably submits to the jurisdiction of the Arizona courts in any such action, suit or proceeding.  The validity, meaning and effect of this agreement shall be determined in accordance with the laws of Arizona.  In the event any action, proceeding or hearing is required to enforce any of the terms of this agreement, Seller shall be entitled to recover all its attorneys’ fees, costs and expenses.

12.   These written terms and conditions of sale supersede any other terms and conditions, either written or verbal and cannot be modified except in writing signed by the Seller.  The terms of this agreement are for the benefit of Seller and Bidder and no third party shall have any rights hereunder.

13.   Bidder shall not permit any liens to stand against the building or any property related thereto or any portion thereof for any work done in the removal.  Without limiting the foregoing, Bidder shall, at its sole expense and within ten (10) days after receipt of written notice from Seller, cause any outstanding lien to be satisfied and released of record or transferred to bond in accordance with applicable law.

14. Bidder shall indemnify and hold Seller harmless from and against any and all loss, damage, liability or claims (including, without limitation, costs and expenses of litigation and reasonable attorney’s fees [collectively “Claims”]) arising from or connected with this agreement.

15. You are signing a written, binding contract signifying that you have read these terms and all posted terms and agree to the terms and conditions of the sale.  If you do not agree or understand the terms and conditions of the sake, please return your bid card to registration.  The sales invoice identifies the merchandise being sold to Bidder and the date by which such merchandise must be removed.