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Auction Terms

Auction: T & M #2 Restaurant Equipment Auction
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Start Date: Monday, September 9th at 10:00 am ET
End Date: Sunday, September 29th at 8:00 pm EST
Preview Date: Friday September 27th, 2019 9:00AM to 5:00PM EST
Removal Date: Monday September 30th, 2019 9:00AM to 5:00PM EST ONLY
Location: 4650 West 160th Street, Cleveland, OH 44135
Description: If you are looking for a large selection of BRAND NEW items, then look no farther! Featuring over 500 lots of equipment such as Vollrath 40855 HDE8136 36" Curved Glass Display Cabinet, Silver King SKMAJ1/C4 Milk Dispenser, Supreme Metal Stainless Steel Glass Rack, Fetco HWB5 Low-volume Plumbed Hot Water Dispenser, Hatco GRAL-30 Infrared Strip Heater, Perlick DDS84 84" Stainless Steel Direct Draw Beer Dispenser Refrigerator, Berner ASR1048AA 48" Air Curtain, Hatco GRAH-60 Glo-Ray 60" High Wattage Overhead Food Warmer‎, Hatco GRAH-48 48" High Watts Infrared Strip Warmer, Beverage-Air RI18HC-HS 26" One Section Solid Half Door Reach-In Refrigerator, Glastender LLD3-60L Lighted Countertop Liquor Bottle Display, Delfield ST4432N 32" Solid Door Worktop Refrigerator, Delfield 4427N-12M 27" 1 Door Mega Top Refrigerated Sandwich Prep Table, Baxter OV310G Mini Rotating Rack Oven, Natural Gas, True TUC-27F Undercounter Freezer, Victory Freezer VUF-27-SST 27" Value Line Undercounter Freezer, Randell Stainless Steel Refrigerated Prep Table, Pitco SFSSH75 Solstice Supreme High Efficiency 65 lbs. Fryer, True GDM-41-HC-LD 47" Two Section Glass Door Merchandiser w/ Sliding Doors, Delfield EHEI60C 60" Hot Food Table with 4 Wells & Poly Cutting Board, Hatco S-54 Booster Water Heater, Federal CRB4828SS 48" Self Service Refrigerated Display Case with Straight Glass, Glastender IOS-18 Island Oasis Stand, Hatco Glo-Ray GRSB-36-I 36" Built In Heated Shelf Warmer with Recessed Top, Cozzini Primedge HGS-1BL Grill Tool Sharpener, Ampia 150 Wellness Pasta Cutter, Carter-Hoffmann MZ212GS Modular Holding Cabinet, Le Creuset Rectangular Roasting Pans, Hoshizaki KMD-850MAH Air Cooled Ice Maker, Hoshizaki KM-1601SRJ Crescent Cube Ice Machine, Merrychef eikon E4 High Speed Countertop Convection Oven, Alto-Shaam 500-CW 5 Pan Refrigerated Drop-In Cold Food Well, tables, chairs, to go containers, smallwares, and so much more!

All items sold as-is with no returns accepted. Invoices must be paid for and picked up no later than the scheduled pickup date. No Exceptions. Items not removed or scheduled for shipping by this time will be considered forfeited/abandoned. We will help bring items to the door but it is the buyers responsibility to load and properly secure items for transport.

THIS IS AN INTERNET ONLY AUCTION! These are the Terms & Conditions you agree to before placing a bid.

BUYERS PREMIUM: A 15% buyer's premium will be added to each purchase. If you bid $100.00 at check out you will be charged $115.00.

SALES TAX: Collected for this auction. All sales are automatically charged the appropriate Sales Tax provided by the affiliate seller. If you have your purchases shipped over State lines, the affiliate seller should remove the sales tax from the invoice and the buyer is then responsible for their State's Use Tax. If you are Tax Exempt, please provide the affiliate seller the appropriate Tax Exemption paperwork after you receive your emailed invoice for this sale. You can also bring your form in person to pickup but it is best to let the affiliate seller know ahead of time so they can have the adjusted invoice ready for you when you arrive.

PICKUP/REMOVAL OF ASSETS PURCHASED: Bidders are responsible for their own removal unless arrangements have been made for shipping or storage. Any item NOT picked up by the end of the scheduled pickup day will be considered abandoned unless arrangements have been made for shipping or storage. Removal shall be at the expense, liability, and risk of the purchaser. Purchases will be released upon presentation of a paid email receipt. Please ensure that movers or anyone picking up items on your behalf have your paid receipt at the pickup location no items will be released without a paid email receipt. Bidder further agrees to be held personally responsible for all purchases made on their bidder number, and agrees that bidder will not charge back items which are not picked up during the published pickup/removal times. Buyer authorizes the affiliate seller to release buyer's assets to any individual in possession of the buyer's sales receipt.

PAYMENT: Please check with the affiliate seller for types of credit cards accepted but generally Visa & Mastercard are accepted along with cash. Bank transfers and certified checks may also be considered at the discretion of the affiliate seller and arrangements must be made prior to the end of the sale.

WARRANTY & CONDITION OF ITEMS SOLD: All items are sold AS IS, WHERE IS, with NO WARRANTY expressed or implied by the lot number affixed to the item. This sale is to the business community as "equipment" & "inventory" without any implied or expressed warranty. Descriptions are believed to be accurate but not guaranteed. When you are not certain of the condition or use of an item please bid accordingly or do not bid at all. Buyers are solely responsible for inspecting items during the scheduled inspection times. Unless otherwise stated in an item description no items have been tested for functionality. You are bidding on the described item not the photo.

DEPOSIT: A $1 authorization will automatically be placed on your credit card on file with Auction Factory prior to your first bid. An additional deposit may be requested for first time bidders and bidders who's bids exceed $1,000. This refundable authorization protects everyone and will not allow prices unnecessarily be driven up.

BIDDING ERRORS: Increasing your own bids.... please be aware that many bidders routinely increase their own bid to price an item out of reach of other bidders. You should immediately review your bids before submitted. If you mistakenly increase your own bid, place your bidder number in the bid field, or make a gross error you must immediately contact our office by email using the contact sheet on our website (we must have your request in writing) you must remain the high bidder. We will not reverse bids that have caused another bidder to be outbid. If you bid on the wrong item we will not reverse your bid please make sure and review all bids before submitting. We will not reverse bids after the auction has begun to close no exceptions.

STAGGERED CLOSING: Sales on the Auction Factory website typically close at 3 items per minute which means bidding will close on intervals. This feature works great with the auto-extend feature to closely emulate a 'live' auction. Sales with fewer items may close at 1 item per minute and larger sales with more items may close at 5 items per minute.

DYNAMIC CLOSING: The closing time of an asset is automatically extended an additional 3 minutes whenever a bid is placed within the last 3 minutes of the asset's closing time.

BID NOTIFICATION: If you have been outbid you will be notified by email until the close of the sale. To quickly review your bids and see if you have won you can utilize the 'review bids' feature. Items that they have been outbid on will be clearly marked.

WINNING BIDDER NOTIFICATION: You will be contacted by email ONLY with an invoice with your total due and pickup/shipping instructions (you are responsible for checking your email). If you feel you have won an item and have not received an email you must notify us by email no later than 9am the next day. If you do not receive a paid email invoice then you did not win any items at the online auction. Please make sure to check your "spam" folder in your email - these are automatically generated emails from our system and sometimes they do get marked as spam by email providers.

NON-DELIVERY: In the event an item is not available for pickup, the buyer must notify our onsite staff and file a claim by replying to your original emailed invoice noting what was not available within 24 hours of the pickup date. After 24 hours, the affiliate seller and buyer agrees that no adjustment or refund will be made.

CAUTION: For demonstration purposes various equipment may be joined. Do not assume a lot consists of more than one item simply because they are connected or pictured together. Please inspect the lot numbers and read the descriptions. If you have any questions please call the affiliate seller with the phone number listed above

CATALOG DESCREPENCIES: You are bidding on the described item not the photograph, occasionally the wrong photo may be displayed, always read the item description. In the event that a Seller/consignor has withdrawn an item from the sale prior to the close of the auction, the Auction Factory affiliate seller may leave the item on the catalog and "buyback" the item on behalf of the Seller/consignor to establish the affiliate seller's earned commission and buyer's premium due to the affiliate seller from the Seller/consignor

DAMAGE: Any damage caused by a buyer during the preview, or during the period of removal must be made good by the buyer causing the damage. Buyer agrees that the credit card on file will be charged for any expenses and/or repairs to the pick up location or property of another buyer.

IMPORTANT! The affiliate seller will have the option of reselling, removing, storing or abandoning, at the expense and risk of the purchaser items not paid for and/or removed within the specific time for pickup/removal. The buyer agrees to pay all deficiencies, legal, collection; transportation and storage expenses associated with delinquent accounts or abandoned items. The affiliate seller reserves the right to add or remove items form the auction. Split or combined lots. Add minimum bids or reserve prices. Cancel, suspend, extend or reschedule an individual item and or auction event. Make change's to the auction closing times or inspection or removal times

CHOOSE WISELY: We want every one to get a good deal and most will. However, when you bid on the wrong item or decide an item is not suited for your intended use, the clients of our affiliate sellers are not willing to assume the cost of your mistakes. When in doubt about condition, completeness or suitability for intended use, please bid accordingly.

CLAIMS: Any controversy or claim arising out of or relating to this contract and/or agreement, or breach thereof, shall be settled either in Small Claims Court if the dispute in question amounts to less than $5,000, or by means of arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association if the dispute amounts to more than $5,000. In the event of arbitration, judgments upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Venue in either case will be the city that the affiliate seller is based in or the nearest juristicition to the pickup/removal address of the sale.

In the event of a bidder default and /or chargeback bidder agrees that the affiliate seller may collect payment for items, including cost associated with items to be relocated, discarded or stored, either by arbitration small claims court or state court at Auction Factory discretion, and that any judgments awarded may be applied to the bidder personally or corporately.

Buyers that do not remove their items within the specified removal times will have their bidding privileges suspended you will be required to contact the administrator to reactivate your account. (2) Occurrences will result in permanent suspension of bidding privileges.

LIABILITY: Affiliate Sellers liability shall be limited to the refund of bidders purchase price only. Affiliate Sellers are NOT responsible for labor costs, truck or tool rentals, gas expenses, etc.

LIMITATIONS: The above-stated terms and conditions of Sale cannot be altered except in writing by the affiliate seller handling this sale.

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