Bidspotter.com-Live Internet Auction Broadcasting-Live Event Information-2010-09-10

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Go to Maynards Industries (1991) Inc. web site!

http://www.maynards.com

Name

Fort Wayne Foundry

Where

Fort Wayne IN USA

When

Wednesday, June 30th, 2010
Scheduled start time: 10:00 AM US Central Time

Selling Currency & Internet Fee/Buyer Premium

Currency: USD IF/BP:16.0%

Contact

Phone: 1 248 569 9781
Email: TTerpstra@maynards.com

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Payment terms - Full Payment is due upon 48 hours of 
receiving invoice.  (see below for payment methods)

REMOVAL: Last day of removal is Friday, September 3rd.

As further defined in the sale catalogue . everything is 
sold “as is.” all sales final. Every effort will be maDe to facilitate
removal . while quantities and descriptions are believed to 
be accurate , the auctioneer , owners or counsel make no 
warranties or guarantees either expressed
or implied as to authenticity, genuineness of, or defects in 
any lot and will not be held responsible for any advertising 
discrepancies or inaccuracies. no
warranties whatsoever are made as to condition, 
merchantibility or fitness for use of any item. may we 
suggest you take full advantage of the preview and
inspection period. sale subject to additions AND deletions.

The following, as amended by any posted notices and/or oral 
announcements during the auction sale, constitutes the 
entire terms and conditions on which property listed in the 
auction sale catalogue shall be offered for sale or sold by 
Maynards, and any consignor of such property for whom 
Maynards acts as agent.  Maynards strongly recommends to all 
bidders to thoroughly inspect all items before the auction 
on which bidder intends to bid.  Under these Terms and 
Conditions, the term “Bidder” and “Purchaser” shall be used 
interchangeable and be one of the same.

1.	Bidder acknowledges that an auction site is a 
potentially dangerous place.  Flammable, noxious, corrosive 
and pressurized substances may be present, heavy equipment 
may be in operation, and electric circuits may be live.  
Every person at the auction site before, during and after 
the auction sale, shall be deemed to be there at his/her own 
risk with notice of the condition of the premises, the 
activities on the premises, and conduct of third parties; 
and the bidder shall so advise his/her agents and employees.  
No person shall have any claim against Maynards, its 
consignors, agents, employees, directors or principals for 
any injuries sustained or for damages to or loss of personal 
property, which may occur from any cause whatsoever.

2.	As used herein, the term “Bid Price” means the price 
at which a lot is knocked down to the Purchaser, and the 
term “Purchase Price” means the aggregate of (a) the Bid 
Price, (b) the Buyer’s Premium and other surcharges, if any, 
and (c) unless Purchaser is exempt by law from the payment 
thereof, any Federal, Provincial, State or local sales taxes 
(or compensating use tax of another State), and any other 
applicable taxes.  Unless exemption from such taxes is 
established to the satisfaction of Maynards, any Purchaser 
claiming an exemption will be required to pay the tax to 
Maynards and seek a refund directly from the taxing 
authorities.

3.	A sale to the highest Bidder shall be complete upon 
the auctioneer’s call, with the highest Bidder purchasing 
the offered lot, in accordance with all the conditions set 
forth herein, including Purchaser (a) assuming full risk of 
loss and responsibility thereof, see Point 8 below, (b) 
immediately making a deposit of not less than twenty-five 
percent (25%) of the Purchase Price, and (c) paying to 
Maynards the balance of the Purchase Price in full within 
forty-eight (48) hours after the auction sale for all lots 
purchased.  No lot may be removed until the Purchase Price 
is paid in full for all lots purchased.  To prevent 
misdelivery and inconvenience in settlement of a purchase, 
no lot may be transferred prior to removal by the Purchaser.

4.	If the conditions herein or any other applicable 
condition(s) are not complied with, in addition to other 
remedies available by law to Maynards and/or its consignors, 
including but without limitation, the right to hold the 
Purchaser liable for the Purchase Price, Maynards may, at 
its option, either (a) cancel the sale in part or in full, 
retaining as liquidated damages all payments made by 
Purchaser or (b) resell the property, either publicly or 
privately, after three (3) days notice to the Purchaser and 
for the account and risk of the Purchaser, and in such event 
the Purchaser shall be liable to Maynards for any deficiency 
if the resale is less than the Purchase Price, plus all 
costs, including warehousing, the pro-rata share of expenses 
of both sales including reasonable attorneys fees, Maynards’ 
commission, plus all other charges due hereunder and 
incidental damages suffered by Maynards or its consignor.

5. Payment: 25% NON-REFUNDABLE deposit on award of bid, 
balance within 48 hours. payment is cash, cashier’s CHECK, 
certified CHECK, wire transfer, company
chECK only if accompanied by a letter from your bank 
guaranteeing amount of CHECK for deposit and/or payment in 
full. no personal CHECKS. full payment
must be made before removal of purchase.

6.	Maynards reserves the right to withdraw any property 
at any time before actual sale.  Unless otherwise announced 
by the auctioneer at the time of sale, all bids are per lot 
as numbered in the catalogue.  Lots may be combined or 
divided at the auctioneer’s choice.

7.	Maynards reserves the right to reject a bid from any 
Bidder.  The highest Bidder as acknowledged by the 
auctioneer shall be the Purchaser.  In the event of any 
dispute between bidders, or in the event of doubt on the 
part of Maynards as to the validity of any bid, the 
auctioneer shall have the sole discretion either to 
determine the successful bidder or to re-offer and resell 
the lot in dispute.  If any dispute arises after the sale, 
Maynards’ sales record shall be conclusive in all respects.

8.	Purchase of any lot is at the Purchaser’s risk with 
risk of loss immediately passing to Purchaser upon the 
auctioneer’s call.  Neither Maynards, nor its consignors, 
have any liability of any nature whatsoever to Purchaser if 
the lot is not delivered to Purchaser due to fire, theft, 
damage, or any other cause.

9.	All lots purchased shall be removed in their 
entirety from the site by the date as specified in the 
auction catalogue or as posted or announced at the sale.  No 
items may be removed before termination of the sale.

11.	If Maynards or its consignor is unable to deliver 
any lot or any necessary documentation required in respect 
of any lot, their sole and exclusive liability shall be the 
return of any monies paid on such lot.

12.	Absolutely no warranty or representation, written or 
oral, is given with any lot.  All statements contained in 
Maynards’ catalogue, website, marketing material or by the 
auctioneers, or in any bill of sale, invoice or elsewhere as 
to description, size, quantity, quality, capacity, model, 
serial number, measurements or condition, are approximated 
statements and shall not be deemed to be representations or 
warranties, oral or written, with respect to any lot.  No 
sale is invalid or made void by reason of any flaw in a lot 
or by reason of a lot being incorrectly described, and 
Maynards will not be liable and no compensation will be paid 
for any such fault or error of description.

13.	All property is sold “AS IS, FOB”.  Neither 
Maynards nor the consignor makes any representation or 
warranty, oral or written expressed or implied, as to the 
merchantability, fitness for a particular purpose, condition 
of the property, correctness of the description, condition, 
capacity, age or any other details used to describe the 
property.  Absolutely NO RETURN of sold goods, NO REFUNDS, 
and NO EXCHANGES will be permitted.

Final bids are subject to export compliance regulations.  If 
winning bidder is outside of the United States, sales will 
not be final until the item/s have been approved through 
export compliance. All items listed are subject to this 
regulation.

Riggers Rapids Industrial Rigging Service Mike Miller (616)835-3650-cell (616)754-7463-office LTI Transportation Alan Blocher 800-982-4528 Midway Machinery Services Doug Watkoski (616)608-7606

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