Bidspotter.com-Live Internet Auction Broadcasting-Live Event Information-2010-09-03

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http://www.loebwinternitz.com

Name

Tuffy Auto Service Centers

Where

13919 Detroit Avenue
Lakewood OH USA

When

Friday, July 16th, 2010
Scheduled start time: 10:00 AM US Central Time

Selling Currency & Internet Fee/Buyer Premium

Currency: USD IF/BP:15.0%

Contact

Phone: 773-496-5740
Email: CharlesW@loebwinternitz.com

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Surplus Assets to the Continuing Operations of Tuffy Auto Service Centers, Lakewood, Mayfield Heights and North Royalton, OH Locations Only. Multi-Bay Auto Service Centers Featuring Above Ground Lifts, Alignment Rack/Hoists, Wheel Balancers, Test Equipment, Brake & Disc Lathes, Pipe Benders, Tire Spreaders, Tire Changers, Spring Compressors, A/C Chargers, Power Tools, Welders, Air Compressors, Lot of Misc. Shop Items, Etc.

NOTICE:  All bidders and other persons participating in this 
sale agree that they have read and have full knowledge of 
these terms and agree to be bound thereby.

1.  IDENTIFICATION:  All participants are required to 
register prior to becoming an “Approved Bidder.” All 
Participants are required to give full name; permanent 
street address (P.O. Boxes will NOT be accepted or 
approved); phone number(s); email address; and website, if 
applicable.  Subsequent to registration on Bidspotter, 
approval to bid is at our discretion.

2.  DEPOSITS:  All Online Registrants will be required to 
submit the requested Contact Information, including: 
Business Name, Individuals Name, Company URL, related 
company contact info., and Drivers License Number to be 
“Approved.”  NO EXCEPTIONS.  INTERNATIONAL BUYERS must 
either wire transfer a fully refundable cash deposit in the 
amount of $10,000, or have arrangements made with our office 
to be “Approved” to bid.

APPROVAL TO BID IS CONDITIONAL BASED ON THE COMPLETENESS OF 
THE INFORMATION SUBMITTED, AND AT THE DISCRETION OF THE 
AUCTION COMPANY.

3.  BUYERS PREMIUM / SALES TAX: A BUYER'S PREMIUM OF 15% 
WILL BE APPLIED TO INVOICE IN ADDITION TO THE SALES PRICE.  
Where required by law, ANY APPLICABLE SALES TAX WILL BE 
APPLIED TO ALL SALES UNLESS BUYER HAS PROPER EXEMPTION.

4.  PAYMENT: All Invoices MUST be paid in full WITHIN 48 
Hours after completion of the auction sale, unless prior 
payment arrangements have been made.  NO MERCHANDISE WILL BE 
RELEASED UNTIL INVOICE IS FULLY PAID.  ANY UNPAID BUYERS 
PURCHASES MAY BE DEEMED UNSOLD, OR ABANDONED, AND RE-SOLD AT 
THE AUCTIONEERS DISCRETION.  Any deposit made by the buyer, 
in which they did not complete their purchases, will be 
retained by the auctioneer as liquidated damages.

5.  MANNER OF PAYMENT:  Payment may be made in the form of 
WIRE TRANSFER; COMPANY CHECK w/ Bank Letter; CREDIT CARD 
PAYMENTS WILL BE ACCEPTED AT THIS AUCTION.  NO PAYMENTS WILL 
BE ACCEPTED AT THE OHIO LOCATIONS.  FOR INVOICES IN THE 
AMOUNT OF $5,000 OR LESS, BUYER AUTHORIZES LOEB WINTERNITZ 
TO CHARGE BUYERS CREDIT CARD FOR PAYMENT IN FULL WITHIN 48 
HOURS AFTER THE COMPLETION OF THE AUCTION SALE, UNLESS 
ALTERNATIVE ARRANGEMENTS HAVE BEEN MADE WITH LOEB WINTERNITZ 
PRIOR TO BIDDING. All checks for deposit and balances due 
shall be payable to the order of LOEB WINTERNITZ LLC.  All 
bills must be paid, and SENT, to the offices of LOEB 
WINTERNITZ LLC.  The full purchase price on all lots sold to 
the same buyer must be paid within the time fixed and before 
removal of any of the goods.  Business and Personal checks 
may not be accepted without a letter of verification from 
your bank.

6.  REMOVAL: All purchases MUST be removed as herein listed:  
WE ASSUME NO RESPONSIBILITY FOR SMALL, CARRIABLE ITEMS LEFT 
ON PREMISES.

*** SPECIAL REMOVAL CONDITIONS***

REMOVAL WILL BEGIN ON Monday July 26th at 8:00AM EST.

Purchases at North Royalton, OH Facility MUST be Removed by 
Noon EST on Thursday 29th.  Purchases Located at the 
Lakewood or Mayfield Heights locations MUST be Removed by 
3:00PM Friday July 30th.  All Assets Remaining Onsite After 
this Deadline WILL BE CONSIDERED ABANDONED.  No Refunds Will 
be Allowed.

REMOVAL HOURS for NORTH ROYALTON, OH: Monday July 26th Thru 
Wednesday July 28th 8:00 AM to 4:00 PM EST.  Thursday Until 
12:00 Noon EST.  LAST DAY OF REMOVAL for North Royalton is 
Thursday July 29, 2010, NO EXCEPTIONS.  NO WEEKEND OR 
HOLIDAY REMOVAL.

REMOVAL HOURS for LAKEWOOD and MAYFIELD HEIGHTS, OH: Monday 
July 26th Thru Thursday July 29th 8:00 AM to 4:00 PM EST.  
Friday Until 3:00 PM EST.  LAST DAY OF REMOVAL for the 
Lakewood and Mayfield Heights Locations is Friday July 30th, 
2010, NO EXCEPTIONS.  NO WEEKEND OR HOLIDAY REMOVAL.

ABANDONMENT: Any Items Remaining Onsite at any of the Three 
(3) Tuffy Locations, After the Posted Removal Times Have 
Been Expired, WILL BE CONSIDERED ABANDONED.  No Refunds Will 
be Allowed.

Purchases may be removed only on presentation of paid bill.  
Removal shall be at the expense, risk and liability of the 
purchaser.  Auctioneer shall not be responsible for goods 
not removed within the time allowed, but shall have the 
option to remove and store at the expense and risk of the 
purchaser any article purchased, but not paid for and 
removed within the time aforesaid.

7.  CONDITION OF ARTICLES 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 DEDUCTION ALLOWED ON DAMAGED ARTICLES, ALL 
ARTICLES BEING EXPOSED FOR PUBLIC EXHIBITION, AND SOLD "AS 
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.

ALL ITEMS REPRESENTED IN THE PHOTO’S OF EACH LOT, ARE NOT 
NECESSARILY INCLUDED OR SOLD WITH THAT LOT.  “BUYERS ARE 
PURCHASING WHAT IS DESCRIBED IN THE LOT, AND NOT THE PHOTO”

8.  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.

9.  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 there from.

10.  CLAIMS:  NO CLAIMS WILL BE ALLOWED AFTER REMOVAL OF 
GOODS FROM PREMISES OR LEFT ON PREMISES PAST ALLOWED TIME 
LIMIT.

11.  RESPONSIBILITY FOR NON-DELIVERY: Neither the auctioneer 
nor the seller, in any event, shall be liable for non-
delivery or for any other matter or thing, to any purchaser 
of any lot, other than for the return to the purchaser of 
the deposit or sum paid on said lot, should the purchaser be 
entitled thereto.

12.  COMPLIANCE WITH TERMS OF SALE:  In default of payment 
of bills in full within the time therein specified, 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 and removed within 
the time allowed herein may be resold at public or private 
sale without further notice, and any deficiency, together 
with all expenses and charges of resale including legal 
fees, will be charged to the defaulting purchaser.

13.  RISK TO PERSON AND PROPERTY:  Persons attending during 
exhibition, sale or removal of goods assume all risks of 
damage of or loss to person and property and specifically 
release the auctioneer and seller from liability therefore.  
Neither the auctioneer nor his principal shall be liable by 
reason of any defect in or condition of the premises on 
which the sale is held.

14.  CONTRACT MOVERS:  If purchaser wishes to hire or 
contract with a machinery mover, rigger or other type of 
outside contractor, LOEB WINTERNITZ LLC.  WILL NOT ALLOW 
them to work on the sale premises unless they are PRE-
APPROVED by Loeb Winternitz, and have placed with the 
Auctioneer PROPER INSURANCE protecting LOEB WINTERNITZ LLC.  
And, the people or company that the auctioneers are 
conducting the sale for against any or all claims arising 
from personal injury and/or property damage created by their 
actions.  This requirement is for the auctioneer's 
protection - NOT FOR THE PURCHASER'S therefore the 
auctioneer suggests that the purchaser review the insurance 
policies of the machinery mover regarding the coverage that 
they have protecting the purchaser and damage or loss of the 
equipment they may be moving for the purchaser.

15.  ADDITION TO OR WITHDRAWAL FROM SALE:  The auctioneer 
reserves the right to withdraw from sale any of the property 
listed or to sell at this sale property not listed, and also 
reserves the right to group one or more lots into one or 
more selling lots or to subdivide into two or more selling 
lots.  Whenever the best interest of the seller will be 
served, the auctioneer reserves the right to sell all the 
property listed, in bulk.

16.  SALE BY ESTIMATED WEIGHT, COUNT OR MEASURE:  When items 
are sold by estimated weight, count or measure, the 
purchaser will be billed for and required to pay for the 
estimated weight, count or measure.  If, upon delivery, any 
shortage exists, the purchaser will receive a refund at the 
rate of purchase.  If there be an excess, the purchaser will 
be required to take and pay for such excess, at the rate of 
purchase.  (See Paragraph 4 for time and Guarantee 
Limitation.)

17.  DISPUTE BETWEEN BIDDERS:  If any dispute arises between 
two or more bidders, the auctioneer may decide the same or 
put the lot up for sale again at once, and resell to the 
highest bidder.  The auctioneer's decision shall be final 
and absolute.

18.  RESERVE:  The auctioneer reserves the right to reject 
any and all bids.  On lots upon which there is a reserve, 
the auctioneer or his assigned agents, shall have the right 
to bid on behalf of the seller.

19.  RECORDS:  The record of sale kept by the auctioneer and 
bookkeeper will be taken as final in the event of any 
dispute.

20.  INDEPENDENT CONTRACTOR:  The auctioneer is acting as an 
independent contractor only and is not responsible for the 
acts of its principals or sellers.

21.  ADDITIONAL TERMS AND CONDITIONS:  The auctioneer may 
add other terms and conditions of sale, such additional 
terms and conditions to be announced, or posted, prior to 
the auction.

22.  ADDITIONAL INFORMATION:  For additional information; 
inquiries; auction related questions; please contact us 
below at:

Loeb Winternitz Industrial Auctioneers LLC
4131 South State Street
Chicago, IL 60609
(877) 886-0440
p. (773) 548-4131
f. (773) 548-2608
www.loebwinternitz.com

Referral Fees Paid – All Inquiries Held in the Strictest of 
Confidence

*** SPECIAL REMOVAL CONDITIONS*** SHORT REMOVAL TIME, REMOVAL WILL BEGIN ON Monday July 26th at 8:00AM EST. Purchases at North Royalton, OH Facility MUST be Removed by Noon EST on Thursday 29th. Purchases Located at the Lakewood or Mayfield Heights locations MUST be Removed by 3:00PM Friday July 30th. All Assets Remaining Onsite After this Deadline WILL BE CONSIDERED ABANDONED. No Refunds Will be Allowed. REMOVAL HOURS for NORTH ROYALTON, OH: Monday July 26th Thru Wednesday July 28th 8:00 AM to 4:00 PM EST. Thursday Until 12:00 Noon EST. LAST DAY OF REMOVAL for North Royalton is Thursday July 29, 2010, NO EXCEPTIONS. NO WEEKEND OR HOLIDAY REMOVAL. REMOVAL HOURS for LAKEWOOD and MAYFIELD HEIGHTS, OH: Monday July 26th Thru Thursday July 29th 8:00 AM to 4:00 PM EST. Friday Until 3:00 PM EST. LAST DAY OF REMOVAL for the Lakewood and Mayfield Heights Locations is Friday July 30th, 2010, NO EXCEPTIONS. NO WEEKEND OR HOLIDAY REMOVAL. ABANDONMENT: Any Items Remaining Onsite at any of the Three (3) Tuffy Locations, After the Posted Removal Times Have Been Expired, WILL BE CONSIDERED ABANDONED. No Refunds Will be Allowed. Purchases may be removed only on presentation of paid bill. Removal shall be at the expense, risk and liability of the purchaser. Auctioneer shall not be responsible for goods not removed within the time allowed. Details are Located in Section 6 of the Posted "Terms & Conditions" We Appreciate your Cooperation with these Special Removal Conditions, and Thank you for Participation in the Auction Sale. (Referral Fees Paid – All Inquiries Held in the Strictest of Confidence)

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