Important Information
Terms and Conditions
1. METHOD OF SALE: All assets are being offered for sale
as an entirety as well as in piecemeal lots. The entirety
bidding will close @ 12:00 Noon; the individual lot bidding will start to close @ 1:00 PM. The Auction Company will compare the entirety bid against all of the piecemeal bids. The method, or combination of methods, which best serves the interest of the seller, will be the manner in which the assets will be considered sold. This determination will be made shortly after the closing of the bidding.
2. REGISTRATION: Buyers must register online prior to
bidding at this auction sale. A valid credit card is
required for verification purposes only; we accept Visa,
MasterCard and Discover. All bidders must provide company
name (if applicable), mailing address, telephone number and email address. By registering you represent and warrant that any and all Buyer information is correct and that you agree to all of the terms and conditions of the auction. Auction Company reserves the right to deny any registered bidder at any time at its sole discretion without notification.
3. INSPECTION: Bidders may inspect the equipment and are
urged to do so on Monday, July 9th & Tuesday, July 10th from 9:00 am to 3:00 pm.
4. INVOICES: Bidders will be sent an electronic invoice to the email address provided during registration. Invoices can be faxed upon request.
5. PAYMENT: Payments may be made by cash, credit card (Visa, MasterCard or Discover), money order or cashier?s check drawn to the order of Wm. F. Comly & Son, Inc. Company checks will only be accepted when accompanied by a valid bank letter of guarantee payment stating that:
MR./MRS.___________ (Specify Name) IS A CUSTOMER OF OUR
BANK, AND WE WILL GUARANTEE PAYMENT OF CHECKS WRITTEN ON
HIS/HER ACCOUNT UP TO $__________________ (Specify Amount)
FOR PURCHASES MADE AT YOUR AUCTION ON THURSDAY, JULY 12,
2012. Bank wire transfer to the account of Wm. F. Comly &
Son, Inc. will also be accepted for payment. Please call
the auction office for wire transfer instructions or to
process a credit card payment. Auction Company must receive all payments by 4:00 PM on Monday, July 16, 2012. Payments may be made at the auction site on Monday, July 16th only, or mailed to our temporary offices at 1080 N. Delaware Avenue, Philadelphia, PA 19125.
6. TIME OF REMOVAL: No goods will be released to the
purchaser until the entire bill is paid for in full. The
hours for removal are from 9:00 AM to 4:00 PM. There will
be no weekend hours. All goods must be removed by 4:00 PM
on Wednesday, July 18, 2012.
7. MANNER OF REMOVAL: Buyers must remove the merchandise
from the premises at their own risk, expense and liability. Purchases can be removed only upon presentation of original paid bill. Lots not removed within the time herein specified will be considered abandoned and may be resold at public or private sale without further notice.
8. NON-PAYMENT: Failure to pay invoices in full within
the time herein specified, the Auction Company will charge
the purchasers credit card that was used at time of
registration for any unpaid balance plus a 16% buyer's
premium. If the credit card is declined, the Auction
Company, in addition to all other remedies allowed by law,
may resell the items on the unpaid invoice and will subject the Buyer to pay as liquidated damages the full amount of difference between original invoice price and the re-sold price plus any expenses incurred to re-market or re-sell the assets.
9. NON-DELIVERY RESPONSIBILITY: All purchases made are at
the Buyer?s risk. The Auction Company shall not be
responsible if all or any part of such purchases be lost,
stolen, damaged or destroyed from any cause whatsoever.
The Auction Company shall not, in any event, be liable for
non-delivery, or for any other matter or thing, to any Buyer of any lot, other than the return of the deposit or sum paid on said lot, should the Buyer be entitled to it.
10. CONDITION OF ITEMS SOLD: Auction Company is not
responsible for the correct description, authenticity,
genuineness of, or defect in any lot and makes no warranty
in connection therewith. No allowance will be made or sale
set aside on account of any incorrectness, error in
cataloging or any imperfection not noted. No deduction will
be allowed on damaged articles as all goods are exposed for
public exhibition and are sold "AS IS" and without recourse. It is for this reason that all Buyers should avail themselves of the opportunity to make inspection prior to sale.
11. CLAIMS: Auction Company will not be responsible for
any missed bids from any source. Under no circumstances
shall Bidder have any kind of claim against Auction Company
or anyone else if the internet service fails to work
correctly during the online auction.
12. INDEMNIFICATION: Buyer agrees to indemnify and hold
harmless Auction Company and Seller from and against all
claims and liabilities relating to the condition 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 or for proximate or
consequential damages, costs or legal expenses arising
there from.
13. AGENCY: The Auctioneer is acting as agent only and is
not responsible for acts of its principals.
14. BUYER?S PREMIUM: A 16% Buyer?s Premium will be added to all purchases. The Buyer?s Premium will be reduced to 13% if the entire invoice is paid by cash, wire transfer, cashier?s check, money order, or company check with a valid bank letter of guarantee.
15. SALES TAX: Buyer shall pay applicable sales or use
taxes imposed by taxing authorities unless Buyer presents a
resale certificate exempting the Buyer and Auction Company
from the payment of any such sales and use taxes.
16. RIGGING: Removal and rigging to be at buyer?s own
expense, risk and liability. A certificate of insurance for $1,000,000.00 naming Wm. F. Comly & Son, Inc. and Seller as additional insured entities must be presented to the Auction Company for all heavy rigging requiring the use of forklift, cranes, etc., whether performed by the customer or a rigging company. The auctioneer has the right to reduce or eliminate these requirements at his sole discretion.