Auction Terms & Conditions of Bidder Participation Thank you for your interest in this Online Auction. These are the Terms and Conditions on which all property is offered for sale, subject to amendments and modifications that may be communicated to you by the Auctioneer at anytime and posted on the website. By bidding in this auction, prospective bidders agree to be bound by and comply with the following Terms & Conditions and acknowledge and agree that they are being allowed to participate at this auction in reliance on such agreement. 1. REGISTRATION. Bidders must be registered with: www.auctionadvisors.hibid.com and approved for bidding by auctioneer. By registering you represent and warrant that any and all Buyer information is correct. Auctioneer reserves the right to deny any registered bidder at any time at its sole discretion without notification. 2. INSPECTIONS: Bidders may inspect the offering located at 150 N MacQuesten Pkwy, Mt Vernon, NY 10552 by appointment only. Please inform Joe Camilleri of your intention to visit by emailing him at: jcamilleri@auctionadvisors.com. 3. AS-IS WHERE-IS SALE. ALL SALES ARE FINAL, ON AN "AS IS, WHERE IS", "IN PLACE", "WITH ALL FAULTS" BASIS WITH NO CONDITIONS OR WARRANTIES WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS AS TO TITLE, DESCRIPTION, FITNESS FOR PURPOSE, QUANTITY, QUALITY, MERCHANTABILITY, STATE, CONDITION, LOCATION OR OTHERWISE. NO SALE SHALL BE INVALIDATED AND THE AUCTIONEER SHALL HAVE NO LIABILITY FOR A MISDESCRIPTION OF ANY ARTICLE OR LOT WHETHER CONTAINED IN A CATALOGUE, ADVERTISEMENT, ORAL ANNOUNCEMENT OR OTHERWISE. 4. DESCRIPTIONS. THE AUCTION CATALOGUE IS MERELY A GUIDE. DESCRIPTIONS AND QUANTITIES HAVE BEEN PREPARED IN GOOD FAITH FOR GUIDE PURPOSES ONLY AND SHALL NOT BE RELIED UPON BY THE PURCHASER FOR ACCURACY, GENUINENESS, AUTHENTICITY OR COMPLETENESS. PLEASE INSPECT ALL ITEMS BEFORE BIDDING. PURCHASERS SHALL BE DEEMED TO HAVE RELIED ENTIRELY UPON THEIR OWN INSPECTIONS AND INVESTIGATIONS. IN ADDITION, AUCTIONEER RESERVES THE RIGHT TO ADD, ALTER, OR REMOVE ANY ITEM(S) TO OR FROM THE AUCTION AT ANY TIME. 5. PAYMENT IN FULL. Invoices for payment of full amount owed will be issued promptly after the auction. All invoiced amounts must be paid in full immediately but in no event later than the second business day after the auction. TIME IS OF-THE -ESSENCE with respect to such date. NOTHING SHALL BE REMOVED FROM THE PREMISES UNLESS AND UNTIL A BIDDER HAS PAID ALL OF ITS INVOICES IN FULL. BUYERS ARE ENCOURAGED TO PAY INVOICES ONLINE PRIOR TO PICK UP. 6. FORM OF PAYMENT. No personal or business checks will be accepted unless pre-approved by Auctioneer. Only cash, cashier's checks, wire transfer, pre-approved business checks and credit cards (only up to $2,000 - see additional fees below) will be accepted. If you plan on using a certified/bank check or cash, please let us know you will be doing so and bring it to the auction site at pickup. 7. CREDIT CARD FEE. Payments by way of Credit Card will ONLY be accepted for purchases which do not exceed $2,000, subject to Auctioneer's discretion. An administration fee of 4% shall apply to credit card purchases. 8. REMOVAL TIMES TO BE SET BY AUCTIONEER. Removal shall take place Monday, November 18, Tuesday, November 19, and Wednesday November 20th Times are 10:00AM to 4:30PM. 9. SELLER WILL PACKAGE AND LOAD AT NO ADDITIONAL COST/EXPENSE. BIDDER IS RESPONSIBLE FOR ALL HIRING, SCHEDULING, COSTS AND EXPENSES RELATED TO LTL OR FEDEX/UPS SHIPMENTS. IF THE BIDDER PROVIDES THE AUCTIONEER WITH A VALID UPS OR FEDEX ACCOUNT NUMBER, SELLER WILL MEASURE, WEIGH, LABEL AND LOAD ORDERS AT NO ADDITIONAL COST. 10. The Seller IS WILLING TO will pack, load and palletize/rig items. But Buyer must coordinate with Seller. Buyers may either pick up their items at the designated auction site personally or can arrange for a third-party logistics firm to pick them up. Neither the Seller nor the auction company can be held responsible for any damage, omission or other problems incurred as a result of the packing, loading & shipping. After the time frame set forth on Auctioneer schedule of move-out dates, the Auctioneer will no longer be responsible. Please be forewarned that in the case of a default, the auction company reserves the right to resell any and all unclaimed items and the defaulting bidder will not only forfeit his deposit but bear the responsibility of any shortfall in case of resale, and also all costs and expenses associated with the default as well as all auctioneer's fees and commissions 11. ALL BIDS ARE FINAL. All sales shall be concluded as indicated by the Auctioneer and no Purchaser may thereafter revoke their bid. Title to the lots purchased shall not pass until payment in full of the purchase price is received. 12. BUYER'S PREMIUM. A fifteen percent (15%) buyer's premium is in effect for all successful bidders at this auction. 13. AUCTIONEER FINAL ARBITER. The Auctioneer is the final judge in case of a dispute. The final posting on auction day made by the auctioneer will take precedence over any previously printed materials. Auctioneer has the right at its sole and absolute discretion (should Auctioneer so chose to exercise it) to reject any and all bids Auctioneer deems unreasonable, entertain a bulk bid, a mini bulk bid or any package of lots. Further, Auctioneer may at its sole discretion set and/or or alter bidding increments at any time. 14. BIDDER PARTICIPATION AT DISCRETION OF AUCTIONEER. All bidders must be at least 21 years of age. The auctioneer reserves the right to deny admission to the auction to any person the auctioneer deems to be abusive, disorderly, intoxicated or non-compliant with the terms and conditions for the auction, or a potential threat to be such or any individual who the Auctioneer, at its sole discretion, deems to be potentially disruptive to the auction or who the Auctioneer believes, at its discretion, cannot reasonably be relied upon to comply with these Terms & Conditions. The auctioneer also reserves the right to deny registration to any online bidder who does not qualify to bid. 15. TAXES All buyers are expected to have or show a Resale Certificate to be exempt from taxes. All participants at auction represent that they have and can show such Resale Certificate and are being allowed to bid at the auction in reliance thereon.