GENERAL ON-SITE & ON-LINE BIDDING TERMS & CONDITIONS

ARROW ALUMINUM INC.

EQUIPMENT, PERSONAL PROPERTY & INVENTORY

TUES., AUGUST 19^TH & WED., AUGUST 20^TH * 2014 * 9:00 A.M.

MARTIN, TENNESSEE 38237

ALEXANDER AUCTIONS & REAL ESTATE SALES HAS BEEN COMMISSIONED BY FIRST CITIZENS NATIONAL BANK.

THE PROPERTY LISTED AND DESCRIBED ON THE ATTACHED LIST WILL BE   OFFERED

UNDER THE FOLLOWING TERMS AND CONDITIONS OF SALE, WHICH TERMS AND                           

CONDITIONS OF SALE AND DESCRIPTIONS OF ITEMS LISTED ON THE ATTACHMENT MAY

BE AMENDED, UPDATED OR ALTERED AT THE TIME AND PLACE OF SALE FROM THE                

AUCTION BLOCK.  THESE TERMS AND CONDITIONS OF SALE AND ANY ANNOUNCEMENTS

FROM THE AUCTION BLOCK SHALL BE BINDING ON ANY BIDDER, WHETHER PRESENT OR

REPRESENTED BY AN AGENT OR ABSENTEE BIDDER.  BUYERS ARE BOUND BY THESE                        

TERMS AND CONDITIONS OF SALE.

1. TERMS OF SALE:  ALL PROPERTY IS SOLD “AS-IS” AND “WHERE-IS” AND NEITHER ALEXANDER                 

   AUCTIONS & REAL ESTATE SALES, THE AUCTIONEER,  NOR THE SELLER MAKES ANY EXPRESS OR

   IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND OR NATURE WITH RESPECT TO THE

   PROPERTY BEING SOLD.  IN NO EVENT SHALL ALEXANDER AUCTIONS & REAL ESTATE SALES, THE

   AUCTIONEER, NOR THE SELLER BE RESPONSIBLE FOR THE CORRECTNESS OF OR BE DEEMED TO                  

   HAVE MADE ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, FITNESS FOR A

   PARTICULAR PURPOSE, DESCRIPTION, SIZE, GENUINENESS, YEAR OF MANUFACTURE,                              

   ATTRIBUTION, PROVENANCE OR CONDITION CONCERNING THE PROPERTY OR ANY WARRANTY

   THAT ANY ITEM COMPLIES WITH ANY APPLICABLE FEDERAL OR STATE LAWS.  NO STATEMENT

   SET FORTH IN THE ATTACHED LIST OR MADE AT THE SALE OR IN THE BILL OF SALE OR INVOICE

   OR ELSEWHERE, WHETHER ORAL OR WRITTEN, SHALL BE DEEMED SUCH A WARRANTY OR

   REPRESENTATION OR AN ASSUMPTION OF LIABILITY.  ALEXANDER AUCTIONS & REAL ESTATE

   SALES, & THE AUCTIONEER, MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY

   OF THE DESCRIPTIONS OR REPRESENTATIONS WHICH WERE PROVIDED BY THE SELLER AND ARE

   LISTED ON THE ATTACHED OR AS TO THE CONDITION OF THE ITEM.

1. CONDITIONS OF ITEMS SOLD:  ALL INFORMATION IS BELIEVED TO BE ACCURATE, BUT THE AUCTIONEER SHALL NOT BE RESPONSIBLE FOR THE CORRECT DESCRIPTION, AUTHENTICITY, GENUINENESS OF OR DEFECT IN ANY LOT, AND MAKES NO WARRANTY IN CONNECTION THEREWITH.  NO ALLOWANCES WILL BE MADE OR SALE SET ASIDE ON ACCOUNT OF ANY INCORRECTNESS, ERROR IN CATALOGUING OR ANY IMPERFECTION NOT NOTED.  NO DEDUCTION WILL BE ALLOWED ON DAMAGED ARTICLES AS ALL GOODS BEING EXPOSED FOR PUBLIC EXHIBITION ARE SOLD "AS IS” AND WITHOUT RECOURSE.

    

2. NEITHER THE COMPANY PROVIDING THE SOFTWARE NOR THE AUCTION COMPANY SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON.  ALEXANDER AUCTIONS SHALL NOT HAVE ANY LIABILITY IF YOUR BID IS NOT ENTERED.

    

3. ALL BIDS ARE SUBJECT TO ACCEPTANCE BY THE AUCTIONEER. NO BID SHALL BE DEEMED A VALID BID UNTIL ACCEPTED BY THE AUCTIONEER.  ALL BIDS ARE ACCEPTED AT THE SOLE DISCRETION OF THE AUCTIONEER.

    

4. BY PLACING A BID, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS WHICH ARE SET FORTH BY ALEXANDER AUCTIONS & REAL ESTATE SALES AND EXPRESSLY ACKNOWLEDGE AND AFFIRM THAT YOU HAVE READ AND ARE FAMILIAR WITH THESE TERMS AND CONDITIONS.

    

5. BIDS:  ALEXANDER AUCTIONS & REAL ESTATE SALES RESERVES THE RIGHT AND DOES ACCEPT ABSENTEE BIDS FROM INDIVIDUALS AND WILL ATTEMPT TO EXECUTE THESE BIDS.  ITEMS WILL BE SOLD TO SAID INDIVIDUALS PROVIDED THEY ARE THE HIGH BIDDER.  IF ANYONE ATTENDING THE LIVE AUCTION WOULD LIKE TO LEAVE AN ABSENTEE BID ON ANY ITEM, GO BY THE CASHIER'S DESK, SIGN A FORM, AND LEAVE PAYMENT.  YOUR BID WILL BE EXECUTED.  IN THE EVENT YOU ARE NOT THE SUCCESSFUL BIDDER, YOUR MONEY WILL BE REFUNDED. 

    

6. ALL BIDS SHALL BE DEEMED PENDING UNTIL DULY ACCEPTED BY THE AUCTIONEER.

    

7. THE AUCTIONEER HAS THE SOLE DISCRETION TO ADVANCE THE BIDDING AND MAY REJECT ANY AND ALL BIDS WHICH, IN THE AUCTIONEER’S SOLE DISCRETION, DO NOT ADVANCE AND/OR ARE INJURIOUS TO THE AUCTION, INCLUDING BUT NOT LIMITED TO NOMINAL, SUSPICIOUS AND/OR SUSPECT ADVANCES.

    

8. PAYMENT: ALL CHARGES MUST BE PAID FOR ON SALE DAY.  ALL BUYERS AGREE TO

   PAY FOR THEIR PURCHASES NO LATER THAN THE DAY OF THE AUCTION.  ALL PAYMENTS ARE TO BE MADE IN U.S. CURRENCY BY CASH, CASHIER’S BANK CHECK, CERTIFIED BANK CHECK, OR PERSONAL CHECK WITH IRREVOCABLE BANK LETTER OF GUARANTEE IN FAVOR OF ALEXANDER AUCTIONS & REAL ESTATE SALES, REQUIRED OF ALL PURCHASERS NOT PERSONALLY KNOWN BY THE AUCTION COMPANY.  PURCHASERS WHO WISH TO PAY BY PERSONAL CHECK MUST BE CLEARED BY ALEXANDER AUCTIONS & REAL ESTATE SALES OR BY THE SELLER.  ALL PROSPECTIVE BIDDERS ARE REQUIRED TO PRE-REGISTER FOR A BIDDING NUMBER AND GIVE EVIDENCE OF THEIR CREDIT-WORTHINESS.

    

9. ALEXANDER AUCTIONS & REAL ESTATE SALES WILL NOT TOLERATE ANY EXCUSES FOR           

   A CHECK THAT DOES NOT CLEAR.  PERSONAL CHECKS ARE ACCEPTED FROM PEOPLE WHO WE HAVE APPROVED AND WE EXPECT THESE CHECKS TO CLEAR THE BANK IMMEDIATELY.

    

11. COMPLIANCE WITH THE TERMS OF SALE – IN DEFAULT OF PAYMENT OF BILLS IN FULL

WITHIN THE TIME ANNOUNCED FOR THIS AUCTION 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 WITHIN THE

TIME SPECIFIED HEREIN MAY BE RESOLD AT PUBLIC OR PRIVATE SALE WITHOUT

FURTHER NOTICE.  ANY RESULTING DEFICIENCY TOGETHER WITH ALL EXPENSES AND

COSTS OF RE-SALE WILL BE THE RESPONSIBILITY OF THE DEFAULTING PURCHASER. 

EACH BUYER IN MAKING A BID DOES HEREWITH AGREE TO COMPLY WITH THE TERMS

AND CONDITIONS AS HEREIN STATED AND AS OTHERWISE SET FORTH.  THE FAILURE OR

DEFAULT BY A SUCCESSFUL BUYER TO FULLY COMPLY WITH THE TERMS AND

CONDITIONS HEREIN WILL BE TREATED AS AN IMMEDIATE BREACH AND THE DEPOSIT AS

MADE RETAINED AND APPLIED TOWARD ANY DEFICIT IN ADDITIONAL COSTS OR

CHARGES AS INCURRED TO EFFECT THE RESALE OF THAT PROPERTY AT PRIVATE OR

PUBLIC SALE.  THERE SHALL BE NO FURTHER NOTICE REQUIRED TO THE BUYER ONCE A

DEFAULT HAS OCCURRED.  THE OBLIGATION OF THE BUYER SHALL BE FOR COSTS AS

INCURRED, PLUS ANY DEFICIT INCLUDED ARISING FROM THE BUYER’S DEFAULT.

1. ALL ITEMS ARE AVAILABLE FOR YOUR VIEWING BEFORE THE ITEM IS OFFERED FOR

   AUCTION, AND YOU SHOULD MAKE AN INSPECTION OF THESE ITEMS BEFOREHAND SO

   THAT YOU ARE SATISFIED WITH THEIR CONDITION.

    

2.   ALL SALES ARE FINAL.  ALL PURCHASERS ARE RESPONSIBLE FOR THE ITEM UPON THE                 

   FALL OF THE HAMMER.  NO ITEMS CAN BE RETURNED.  ALEXANDER AUCTIONS & REAL ESTATE SALES WILL NOT

   ACCEPT ANY MERCHANDISE BACK BECAUSE YOU HAVE DECIDED THAT YOU DO NOT WANT IT OR YOU MAY DECIDE YOU HAVE OVERPAID FOR IT.    IF YOU PURCHASE AN ITEM AND LEAVE AND DO NOT PAY FOR IT, THEN ALEXANDER AUCTIONS WILL PROCEED TO COLLECT FOR THE ITEM IN A LEGAL MANNER.

    

3. ALEXANDER AUCTIONS & REAL ESTATE SALES WILL NOT TOLERATE ANY PILFERING OR

   TAKING OF ANY ITEM OR THEFT OF ANY ITEM.  WRONGDOING WILL BE PROSECUTED TO THE FULLEST EXTENT OF THE LAW.

    

4. CONFIRMATION OF PURCHASE:  TITLE TO THE PROPERTY SHALL PASS TO THE BUYER

   UPON THE FALL OF THE AUCTIONEER'S HAMMER AT THE LIVE AUCTION, SUBJECT TO THE COMPLIANCE BY THE BUYER OF THE CONDITIONS OF SALE.  BUYER ASSUMES ALL RESPONSIBILITY FOR THE ITEM OR ITEMS AFTER THE FALL OF THE HAMMER AND SHALL PAY THE TOTAL PURCHASE PRICE.

    

5. REMOVAL OF PROPERTY OR STORAGE:  NONE OF THE PROPERTY MAY BE REMOVED

   FROM THE PREMISES UNTIL THE TOTAL PURCHASE PRICE HAS BEEN PAID.  ANY ITEMS LEFT AND NOT REMOVED FROM THE PREMISES REMAIN AT THE SOLE RISK OF THE BUYER.  REMOVAL SHALL BE AT THE EXPENSE, LIABILITY, AND RISK OF THE PURCHASER.  PURCHASES CAN BE REMOVED ONLY ON PRESENTATION OF ORIGINAL BILL OF SALE. PHOTOSTATS OF BILLS OF SALE WILL NOT BE ACCEPTED FOR REMOVAL.  UPON FAILURE OF PURCHASER TO REMOVE GOODS WITHIN TIME SPECIFIED AS POSTED OR ANNOUNCED, AUCTIONEER SHALL HAVE THE OPTION OF REMOVING AND STORING THE GOODS AT EXPENSE AND RISK OF THE PURCHASER OR DEEMING MONEY DEPOSIT FORFEITED IN WHICH CASE AUCTIONEER MAY RESELL WITHOUT NOTICE AT PUBLIC SALE OR OTHERWISE DISPOSE OF GOODS AT RISK AND EXPENSE OF PURCHASER.  PURCHASER SHALL REMAIN LIABLE FOR LOSS, EXPENSE AND DAMAGES ARISING FROM THE PURCHASER’S DEFAULT. 

    

6. DISPUTE BETWEEN BIDDERS:  IF ANY DISPUTE ARISES BETWEEN TWO OR MORE BIDDERS, THE AUCTIONEER MAY DECIDE THE SAME OR MAY IMMEDIATELY PUT THE LOT OR ITEM UP FOR SALE AGAIN, AND RE-SELL TO THE HIGHEST BIDDER.  THE DECISION OF THE AUCTIONEER SHALL BE FINAL AND ABSOLUTE.

    

18. ADDITION TO OR WITHDRAWAL FROM SALE:  THE AUCTIONEER RESERVES THE RIGHT TO WITHDRAW FROM SALE ANY OF THE ITEMS; TO SELL AT THIS AUCTION ITEMS NOT LISTED; TO GROUP ONE OR MORE LOTS INTO ONE OR MORE SELLING LOTS OR TO SUBDIVIDE INTO TWO OR MORE SELLING LOTS.  THE AUCTIONEER ALSO RESERVES THE RIGHT TO SELL ALL OF THE ITEMS LISTED IN BULK.

19. IN THE EVENT THERE ARE TECHNICAL DIFFICULTIES RELATED TO THE SERVER, SOFTWARE OR ANY OTHER ONLINE AUCTION RELATED TECHNOLOGIES, ALEXANDER AUCTIONS & REAL ESTATE SALES RESERVE THE RIGHT TO EXTEND BIDDING, CONTINUE THE BIDDING, OR CLOSE THE BIDDING OR INCREASE OR DECREASE THE EXTENDED TIME AMOUNT AT THE END OF THE AUCTION.

1. AUCTIONEER:  THE AUCTIONEER, WHEN ACTING, AS AGENT IS NOT RESPONSIBLE FOR ACT OF ITS PRINCIPALS.

    

21. OWNERSHIP:  ALL ITEMS BECOME THE SOLE RESPONSIBILITY OF THE PURCHASER IMMEDIATELY AT KNOCKDOWN.  NO REFUNDS OR ADJUSTMENTS WILL BE ALLOWED FOR ANY SHORTAGES.  IF YOU BELIEVE YOU ARE ENTITLED TO AN ADJUSTMENT TO YOUR INVOICE DUE TO MISSING OR DAMAGES ITEM(S), YOU, YOUR MOVER OR YOUR RIGGER MUST REPORT THE PROBLEM TO OUR ON-SITE SUPERVISOR PRIOR TO SETTLEMENT AND THE ITEMS LEAVING THE PROPERTY.  ONCE THE ITEM HAS LEFT THE PROPERTY, THERE WILL BE NO ADJUSTMENTS.  WHEN YOU HIRE A MOVER/RIGGER, THE MOVER/RIGGER IS ACTING AS YOUR AGENT.  WE WILL NOT ACCEPT THAT THE MOVER/RIGGER DID NOT NOTIFY YOU OF A MISSING OR DAMAGED ITEM(S) OR THAT IT WAS DISCOVERED THAT AN ITEM(S) WAS MISSING OR DAMAGED WHEN YOUR PURCHASES WERE DELIVERED TO YOUR FACILITY.  ALL BIDDERS AND MOVERS/RIGGERS MUST BE AWARE OF THIS POLICY!  IF FOR ANY REASON WHATSOEVER A PROPERTY AS BID CANNOT BE DELIVERED WITHIN THAT PERIOD OF TIME OF DELIVER PROVIDED FOR AT THE SALE FOR ANY REASON WHATSOEVER, THE BUYER EXPRESSLY WAIVES LIABILITY ON THE PART OF ALEXANDER AUCTIONS & REAL ESTATE SALES, THE AUCTIONEER AND FURTHER AGREES THAT ANY OBLIGATION WITH RESPECT THERETO SHALL BE LIMITED TO THE BID AND PAID FOR SAID PROPERTY (ASSETS).

1. ALEXANDER AUCTIONS & REAL ESTATE SALES AND THE SELLER DO NOT AND WILL NOT BE RESPONSIBLE FOR OR FURNISH ANY SECURITY FOR ITEMS AFTER THE FALL OF THE HAMMER.

23.   TITLES ON VEHICLES:  PURCHASERS NAME SHALL BE INCLUDED ON THE TITLE EXCEPT FOR DEALERS.  NO OPEN TITLES WILL BE GIVEN OUT AND NO NAMES WILL BE SWITCHED AFTER THE DAY OF THE AUCTION. 

1. ABANDONMENT:  PURCHASERS WILL NOT BE ALLOWED TO ABANDON ANY PURCHASES OR PORTION OF THOSE PURCHASES.

    

2. NON-DELIVERY RESPONSIBILITY:  AUCTIONEER SHALL NOT, IN ANY EVENT, BE LIABLE FOR NON-REMOVAL OR FOR ANY OTHER MATTER, TO ANY PURCHASER OF ANY LOT.

    

3. PERSONAL AND PROPERTY RISK:  PERSONS ATTENDING DURING EXHIBITION, SALE OR REMOVAL OF GOODS ASSUME ALL RISKS OF DAMAGE OF OR LOSS TO PERSON AND PROPERTY AND SPECIFICALLY RELEASE AND INDEMNIFY ALEXANDER AUCTIONS & REAL ESTATE SALES, THE AUCTIONEER FROM LIABILITY THEREFORE.  NEITHER ALEXANDER AUCTIONS & REAL ESTATE SALES, THE AUCTIONEER NOR HIS PRINCIPAL OR SELLER SHALL BE LIABLE BY REASON OF ANY DEFECT IN OR CONDITION OF THE PREMISES IN WHICH THE SALE IS HELD.

    

4. RECORDS:  THE RECORD OF SALE KEPT BY ALEXANDER AUCTIONS & REAL ESTATE SALES, THE AUCTIONEER AND BOOKKEEPER WILL BE TAKEN AS FINAL IN THE EVENT OF ANY DISPUTE.

    

5. NOMINAL BIDS:  ANY BID WHICH IS MERELY A NOMINAL OR FRACTIONAL ADVANCE MAY BE REJECTED BY THE AUCTIONEER, IF IN HIS JUDGMENT IT MAY AFFECT THE SALE NEGATIVELY.

    

6. THE BUYER:  DOES HEREBY ASSUME AND DOES AGREE TO INDEMNIFY AND HOLD ALEXANDER AUCTIONS & REAL ESTATE SALES, THE AUCTIONEER AND SELLER HARMLESS FROM ANY FUTURE CLAIM WHICH SHALL PERTAIN TO THE FITNESS OR USE FOR A PARTICULAR PURPOSE OF THAT ASSET AS BEING PURCHASED.

    

7. ADDITIONAL TERMS AND CONDITIONS:  REFER TO ADDITIONAL PAYMENT TERMS AND REMOVAL TERMS.  ADDITIONAL TERMS OR CONDITIONS OF SALE MAY BE ADDED BY AUCTIONEER BY ANNOUNCEMENT OR POSTED ON THE PREMISES PRIOR TO THE AUCTION.

    

8. CONDUCT OF AUCTION:  ALEXANDER AUCTIONS & REAL ESTATE SALES, THE AUCTIONEER RESERVES THE RIGHT, WITHOUT GIVING ANY REASON, TO PUT UP ITEMS OUT OF NUMERICAL SEQUENCE AND TO WITHDRAW ANY ITEM, ITEMS, OR LOT FROM THE AUCTION.

    

32. ALL ANNOUNCEMENTS MADE FROM THE AUCTION STAND WILL TAKE PRECEDENCE OVER ANY PREVIOUS ANNOUNCEMENTS OR STATEMENTS.

33. PURCHASER SHALL BE RESPONSIBLE FOR THE LOADING AND MOVING OF THEIR ITEMS.  ALEXANDER AUCTIONS & REAL ESTATE SALES DOES NOT FURNISH HELP TO LOAD OR MOVE ITEMS.  IN THE EVENT AN EMPLOYEE OF ALEXANDER AUCTIONS & REAL ESTATE SALES SHOULD ASSIST IN THE MOVING OR LOADING OF AN ITEM, ALEXANDER AUCTIONS & REAL ESTATE SALES SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR ACCIDENT THAT MAY OCCUR TO THE ITEM OR PERSON THEY ARE ASSISTING.

34. ALL VEHICLES, EQUIPMENT, MACHINERY, INVENTORY AND OTHER ITEMS ARE SOLD “AS IS” WITHOUT A WARRANTY OR GUARANTEE MADE, EXPRESSED OR IMPLIED AS TO THE CONDITION OR FITNESS FOR A PARTICULAR PURPOSE OR A PARTICULAR USE.

PAYMENT:

35. ALL PURCHASES MUST BE PAID IN FULL THE DAY OF THE AUCTION UNLESS OTHERWISE APPROVED BY ALEXANDER AUCTIONS PRIOR TO THE PURCHASE.

36. GUARANTY AGREEMENT IN REGARD TO BIDDING FOR A BUSINESS ENTITY:  BY SUBMITTING A BID IN THE NAME OF A BUSINESS ENTITY OR CORPORATION, THE INDIVIDUAL SUBMITTING THE BID ENTERS INTO A GUARANTY AGREEMENT WHEREBY HE OR SHE PERSONALLY GUARANTEES PAYMENT TO ALEXANDER AUCTIONS & REAL ESTATE SALES AND COMPLETION OF THE TRANSACTION.

37. SETTLEMENT CAN BE MADE AS FOLLOWS:  BY CASH, WIRE TRANSFER OR COMPANY & PERSONAL CHECKS ACCOMPANIED WITH BANK LETTER OF GUARANTEE MADE OUT TO ALEXANDER AUCTIONS & REAL ESTATE SALES.

38. ALL PAYMENT METHODS MUST BE APPROVED BY AUCTION COMPANY PRIOR TO BIDDING.  NO PURCHASES WILL BE REMOVED UNTIL PAID FOR IN FULL.

39. PROSPECTIVE BIDDERS MUST PRESENT A VALID DRIVERS LICENSE OR ACCEPTABLE PHOTO I.D. TO OBTAIN A BIDDER CARD.

40. LIVE ONSITE BIDDING: A 10% BUYER'S PREMIUM WILL BE ADDED TO THE FINAL BID TO REACH THE TOTAL SELLING PRICE OF EACH ITEM.

41. LIVE ONSITE BIDDING: 13% BUYER’S PREMIUM WILL BE ADDED TO THE FINAL BID TO REACH THE TOTAL SELLING PRICE FOR ALL ITEMS THAT ARE NOT PAID FOR BY CASH, CASHIER’S CHECK, CERTIFIED FUNDS, WIRE TRANSFER OR PERSONAL CHECK.  WE ACCEPT VISA AND MASTER CARD ONLY.

42. INTERNET BIDDING ONLINE AND ABSENTEE BIDDING:   A 13% BUYER’S PREMIUM WILL BE ADDED TO THE FINAL BID TO REACH THE TOTAL SALES PRICE OF EACH ITEM FOR ONLINE AND ABSENTEE BIDDING THAT ARE PAID FOR BY CASH, CASHIER’S CHECK, CERTIFIED FUNDS OR WIRE TRANSFER.

43. INTERNET BIDDING ONLINE AND ABSENTEE BIDDING:  A 16% BUYER’S PREMIUM WILL BE ADDED TO THE FINAL BID TO REACH THE TOTAL SALES PRICE FOR EACH ITEM FOR ONLINE AND ABSENTEE BIDDING THAT ARE NOT PAID FOR BY CASH, CASHIER’S CHECK, CERTIFIED FUNDS OR WIRE TRANSFER.  WE ACCEPT VISA AND MASTER CARD ONLY.   (THESE ONLINE AND ABSENTEE BUYER’S PREMIUMS INCLUDE THE NON-CASH TRANSACTION FEE).

44. ON-LINE & ABSENTEE BIDDING:  YOUR CREDIT CARD WILL BE CHARGED IMMEDIATELY FOLLOWING THE AUCTION.

1. THE OVERHEAD CRANES AND OTHER ITEMS ARE BEING OFFERED SEPARATE AND COMBINED WITH THE BUILDING

    

   LOT #2:   CHAMPION BRIDGE CRANE – BEEBEE HOIST 3 TON – LOCATED IN WEST SHOP – INCLUDES CRANE CROSS BAR – ROLLERS – MOTORIZED TROLLEY TRACK & BOXES – CONDUCTOR BAR – FLAT CABLES – 2 SIDE I-BEAMS REAMS REMAIN WITH BUILDING – APPROX. 22 FT. WIDE & APPROX. 114 FT. LONG

   LOT # 3:   BRIDGE CRANE 100 LB. CENTURION HOIST -  ½ TON CHAIN – INCLUDES CRANE CROSS BAR – ROLLER – MOTORIZED TROLLEY TRACK & BOXES – CONDUCTOR BAR – FLAT CABLES – 2 SIDE I BEAMS REMAIN WITH BUILDING

   LOT # 4:   CHAIN CEILING HOIST 1000 LB. – I-BEAM REMAINS WITH BUILDING – INCLUDES CHAIN HOIST, TROLLEY ROLLERS, CONTROL CORD & CORD BRACKET INCLUDED – INSIDE LENGTH 30.4

   LOT # 5:   FAIRBANKS MORSE IN FLOOR SCALE – 5000 LB. FLOOR LEVEL STEEL PLATFORM – 4 FT. 5 FT.

   LOT # 6:   MOSLER SAFE, INSTALLED IN WALL – APPROX. SIZE – 55” WIDE X 76” TALL

    

46. EQUIPMENT AND ITEMS BEING SOLD ARE AVAILABLE FOR INSPECTION, AND SOLD "AS IS” “WHERE IS” AND WITHOUT RECOURSE. ARTICLES ARE NOT WARRANTED AS MERCHANTABLE OR FIT FOR ANY PARTICULAR PURPOSE, AND NO CLAIM MAY BE MADE BY PURCHASER RELATING TO THE CONDITION OR USE OF ARTICLES PURCHASED OR FOR PROXIMATE OR CONSEQUENTIAL DAMAGES ARISING THEREFROM.

47. BUYER'S RESPONSIBILITIES: BUYER ASSUMES FULL RESPONSIBILITY FOR ALL ITEMS PURCHASED WHEN THE AUCTIONEER DECLARES IT SOLD. AUCTION COMPANY IS NOT RESPONSIBLE FOR SECURITY OR THE SECURITY OF THE ITEMS PURCHASED. AUCTION COMPANY IS NOT RESPONSIBLE FOR MISSING OR MISPLACED ITEMS.

48. CONDITION OF EQUIPMENT AND ITEMS SOLD: NEITHER THE AUCTIONEER NOR THE SELLER SHALL BE RESPONSIBLE FOR THE CORRECT DESCRIPTION, GENUINENESS, AUTHENTICITY OF, OR DEFECT IN ANY LOT, AND MAKES NO WARRANTY IN CONNECTION THEREWITH. NO SALE SHALL BE SET ASIDE NOR ALLOWANCE MADE ON ACCOUNT OF ANY INCORRECTNESS, ERROR IN CATALOGING, OR ANY IMPERFECTION NOT NOTED. NO ADJUSTMENT ALLOWED ON DAMAGED ARTICLES, ALL ITEMS ARE AVAILABLE FOR INSPECTION AND SOLD “AS IS” WITHOUT RECOURSE.

49. SAFETY DEVICES: ARTICLES PURCHASED MAY NOT INCORPORATE APPROVED ACTIVATING MECHANISMS, OPERATING SAFETY DEVICES OR SAFETY GUARDS, AS REQUIRED BY OSHA OR OTHERWISE. IT IS PURCHASER'S RESPONSIBILITY THAT ARTICLES PURCHASED BE SO EQUIPPED AND SAFEGUARDED TO MEET OSHA AND ANY OTHER REQUIREMENTS BEFORE PLACING SUCH ARTICLES INTO OPERATION.

50. INDEMNIFICATION: PURCHASER SHALL DEFEND AND INDEMNIFY AND HOLD AUCTIONEER AND SELLER HARMLESS FROM AND AGAINST ALL CLAIMS AND LIABILITIES RELATING TO THE CONDITION OF, REMOVAL OF, OR USE OF THE ARTICLES PURCHASED OR FAILURE OF USER TO FOLLOW INSTRUCTIONS, WARNINGS OR RECOMMENDATIONS OF THE MANUFACTURER, OR TO COMPLY WITH FEDERAL, STATE, AND LOCAL LAWS APPLICABLE TO SUCH ARTICLES, INCLUDING OSHA REQUIREMENTS, AND ENVIRONMENTAL PROTECTION AGENCY REQUIREMENTS, OR FOR PROXIMATE OR CONSEQUENTIAL DAMAGES, COSTS OR LEGAL EXPENSES ARISING THEREFROM.

51. BUYERS ASSUME ALL RESPONSIBILITY FOR REMOVAL, TRANSPORTATION AND HANDLING OF PURCHASES.

52. THE BUYER HEREBY ASSUMES AND DOES AGREE TO INDEMNIFY AND HOLD HARMLESS THE AUCTIONEER AND SELLERS FROM ANY CURRENT OR FUTURE CLAIM WHICH SHALL PERTAIN TO THE FITNESS, USE, DAMAGE, SAFETY, INJURIES TO PERSONS OR PROPERTY THAT MAY HAVE OCCURRED DURING THE AUCTION OR THAT MAY HAVE BEEN CAUSED BY OR DURING REMOVAL OR USE OF ITEMS PURCHASED, OR ANY OTHER CLAIM REGARDING THE USE OF THAT ASSET AS PURCHASED. THE AUCTIONEER, AUCTION COMPANY, NOR THE SELLER ASSUMES RESPONSIBILITY FOR AN ACCIDENTS OR LOSS DUE TO THEFT, FIRE, VANDALISM, OR PERSONAL INJURY.

SOLE AND EXCLUSIVE VENUE & JURISDICTION OF ALL DISPUTES: 

53. ANY AND ALL CLAIMS, INCLUDING DEBT COLLECTION AND ALL OTHER DISPUTES OF ANY KIND, NATURE, OR CHARACTER WHATSOEVER ARISING FROM THIS AUCTION SALE SHALL BE BROUGHT IN THE APPROPRIATE COURT OF WEAKLEY COUNTY, TENNESSEE AND SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TENNESSEE.  SELLER, BIDDER AND BUYER EACH INDIVIDUALLY AND COLLECTIVELY BY VIRTUE OF PARTICIPATING IN THE AUCTION CONDUCTED BY ALEXANDER AUCTIONS & REAL ESTATE SALES DO HEREBY IRREVOCABLY AGREE TO SUBMIT THEMSELVES AND ANY CLAIMS TO THE JURISDICTION AND VENUE OF THE COURTS OF WEAKLEY COUNTY, TENNESSEE AND THE LAWS OF THE STATE OF TENNESSEE WHICH SHALL BE THE SOLE VENUE AND JURISDICTION FOR THE RESOLUTION OF ANY CLAIMS BETWEEN THEM AND ALEXANDER AUCTIONS & REAL ESTATE SALES REGARDLESS OF THE NATURE OR LOCATION.

REMOVAL TERMS & CONDITIONS:

54. NO EQUIPMENT CAN BE LOADED OR REMOVED WITHOUT A PAID RECEIPT FROM ALEXANDER AUCTIONS.

55. ALL PURCHASES MUST BE REMOVED ACCORDING TO THE REMOVAL TERMS.

56. ALL LOADING AND REMOVAL EXPENSE TO BE NEGOTIATED BETWEEN THE RIGGER AND THE PURCHASER.

57. A PURCHASER CANNOT BRING A FORKLIFT IN THE BUILDING OR ON THE PROPERTY TO LOAD AND REMOVE EQUIPMENT AND ITEMS WITHOUT APPROVAL FROM GREG FORRESTER, OWNER AND ALEXANDER AUCTIONS & REAL ESTATE SALES.

1. ANY PURCHASER APPROVED BY ALEXANDER AUCTIONS & REAL ESTATE SALES TO BRING IN LOADING EQUIPMENT TO LOAD, MUST SIGN A HOLD HARMLESS AGREEMENT AND FURNISH PROOF OF LIABILITY INSURANCE TO ALEXANDER AUCTIONS & REAL ESTATE SALES FOR PROPERTY DAMAGE TO THE BUILDING AND PROPERTY AND PERSONAL INJURY IN THE AMOUNT OF AT LEAST $1,000,000.00

59. PURCHASER(S) SHALL BE RESPONSIBLE FOR THEIR OWN LIABILITY INSURANCE AND CASUALTY INSURANCE FOR THEMSELVES AND THEIR EMPLOYEES AND AGREE TO HOLD HARMLESS ALEXANDER AUCTIONS & REAL ESTATE SALES AND THE SELLERS.

60. PURCHASERS SHALL PAY FOR THE LOADING AND REMOVAL OF ALL PURCHASES.

61. ALL LOADING AND REMOVAL EXPENSE TO BE NEGOTIATED BETWEEN THE PURCHASER AND THEIR RIGGERS.

62. REMOVALS OF EQUIPMENT, MACHINERY AND INVENTORY TO BE ARRANGED THROUGH THE SELLER AND ALEXANDER AUCTIONS & REAL ESTATE SALES AND THE RIGGER. SEE REMOVAL TERMS INCLUDED WITH THESE TERMS.

63. SMALL CARRIABLE ITEMS, TOOLS, PARTS, EQUIPMENT AND ACCESSORIES MUST BE REMOVED DAY OF AUCTION, AUGUST 19^TH & 20^TH, 2014.

64. ANY SMALL OR LARGE ITEMS LEFT ON SITE AFTER THE AUCTION REMAIN AT THE RISK OF THE PURCHASER.

65. LARGE MACHINERY AND EQUIPMENT AND INVENTORY CANNOT BE REMOVED DURING THE AUCTION ON AUCTION DAYS, AUGUST 19^TH AND AUGUST 20^TH, 2014.

66.  EQUIPMENT, MACHINERY AND INVENTORY CAN BE REMOVED BEGINNING THURSDAY, AUGUST 21^ST AND FRIDAY, AUGUST 22^ND BETWEEN THE HOURS OF 9:00 A.M. TO 5:00 P.M. CENTRAL DAYLIGHT TIME.

67. EQUIPMENT, MACHINERY AND INVENTORY CAN BE REMOVED SATURDAY, AUGUST 23^RD BY APPOINTMENT ONLY WITH ALEXANDER AUCTIONS & REAL ESTATE SALES.

68. NO REMOVAL IS ALLOWED ON SUNDAY, AUGUST 24^TH, 2014.

69. ALL ITEMS MUST BE REMOVED BY SEPTEMBER 15^TH 2014 BY 4:00 P.M. CDT BY APPOINTMENT WITH ALEXANDER AUCTIONS & REAL ESTATE SALES.
70. REMOVAL OF ITEMS MONDAY, AUGUST 25^TH , 2014 THROUGH SEPTEMBER 15^TH, 2014 SHALL BE BY APPOINTMENT WITH ALEXANDER AUCTIONS & REAL ESTATE SALES AND THE RIGGER.

71. NO REMOVAL ON SUNDAY’S OR LABOR DAY, SEPTEMBER 1^ST, 2014.

72. REMOVAL OF ALL EQUIPMENT IS TO BE COMPLETED AS STATED ABOVE.  ACCESS TO THE BUILDING WILL NEED TO BE ARRANGED THROUGH ALEXANDER AUCTIONS & REAL ESTATE SALES, MARTIN, TENNESSEE, PHONE:  (731) 587-4244 AND THE RIGGER.

73. ALEXANDER AUCTIONS DOES NOT ASSUME ANY RESPONSIBILITY FOR SMALL CARRIABLE ITEMS OR ANY EQUIPMENT AFTER THE HAMMER FALLS AT THE POINT OF SALE.

74. THE AUCTION COMPANY WILL NOT BE RESPONSIBLE FOR ITEMS THAT ARE NOT REMOVED WITHIN THE TIME PERIOD ALLOWED.  ANY ITEM NOT REMOVED ON TIME WILL BE DEEMED ABANDONED. PURCHASER ACCEPTS FULL RESPONSIBILITY FOR ALL COSTS INCURRED BY AUCTION COMPANY OR REMOVAL, STORAGE, AND/OR DISPOSAL OF ABANDONED MERCHANDISE.

75. ALEXANDER AUCTIONS HAS PREPARED A CATALOG LISTING MANY OF THE LOTS.  MANY OF THESE LOTS CONTAIN VARIOUS ITEMS AND VARIOUS NUMBERS OF ITEMS.  ALEXANDER AUCTIONS HAS ATTEMPTED TO OFFER AN APPROXIMATE COUNT ON SOME LOTS.  THIS INFORMATION IS FURNISHED TO PROSPECTIVE PURCHASERS TO GIVE AN INDICATION OF THE APPROXIMATE SIZE OF THE LOT.  THE COUNT MAY BE MORE OR LESS.  NO GUARANTEE IS GIVEN IN THE ACTUAL COUNT.  NO SALES WILL BE SET ASIDE NOR WILL ANY ADJUSTMENTS BE MADE DUE TO A DISCREPANCY ON MULTIPLE LOT NUMBERS WHICH ARE SOLD AS A TOTAL DOLLAR AMOUNT FOR THE LOT.

76. INDEPENDENT CONTRACTOR: THE AUCTIONEER IS ACTING AS AN INDEPENDENT CONTRACTOR ONLY AND IS NOT RESPONSIBLE FOR THE ACTS OF ITS PRINCIPALS OR SELLERS.

77. ADDITIONAL TERMS AND CONDITIONS: THE AUCTIONEER MAY ADD OTHER TERMS AND CONDITIONS OF SALE, SUCH ADDITIONAL TERMS AND CONDITIONS TO BE ANNOUNCED PRIOR TO THE AUCTION.

78. ALL ANNOUNCEMENTS MADE FROM THE AUCTION STAND WILL TAKE PRECEDENCE OVER ANY PREVIOUS ANNOUNCEMENTS OR STATEMENTS.

79. ALL BUYERS ACKNOWLEDGE AND ACCEPT BY SIGNATURE THESE TERMS AND CONDITIONS PROVIDED AT TIME OF REGISTRATION BY REGISTERING FOR A NUMBER.