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

BidSpotter.com BidSpotter Live Internet Auctions and Auctioneers bidding is easy! Auction software leaders

http://www.thomasauction.com

Name

By Order of Pride Signs

Where

Rochester NY USA

When

Wednesday, March 17th, 2010
Scheduled start time: 9:30 AM US Central Time

Selling Currency & Internet Fee/Buyer Premium

Currency: USD IF/BP:15.5%

Contact

Phone: 203-458-0709
Email: gavel@thomasindustries.com

See all Thomas Industries scheduled auction broadcasts!

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COMPLETE TERMS & CONDITIONS
Buyer's Premium Webcast: 15.5% 
Final Date For Removal: February 24, 2010
Webcast Buyers: Payment in Full 48 Hours
Payment Types: Certified Check or Wire Transfer

1.  These Terms and Conditions apply to any sale of 
equipment made using live auctions, web-cast auctions or 
online auction events (each an Auction), including all post-
Auction sales activity related to the equipment offered at 
Auction, all quotations, offers and acceptances for the sale 
of certain items of equipment (the Equipment) by buyers or 
potential buyers (the Buyer ), Thomas Industries (the 
Auctioneer), and the seller of such Equipment (the Seller ) 
are hereby expressly conditioned upon and governed by these 
Auction Terms and Conditions. By participating in any 
Auction or purchase of Equipment hereunder, Buyer further 
consents to be bound any additional terms that may be 
imposed by the Seller or announced by Auctioneer. The Buyer 
agrees and acknowledges that its on-line electronic 
acceptance of these Auction Terms and Conditions is valid 
and enforceable and the equivalent to a signed written 
acceptance. Buyer further represents and warrants that such 
electronic acceptance was performed by a person with all 
necessary authority to fully bind the Buyer to these Auction 
Terms and Conditions.

2.  Equipment offered may be subject to prior sale.  
Auctioneer is not responsible for errors, omissions, 
additions or deletions.  Equipment offered may not 
necessarily be sold as described and/or photographed.  
Buyers should verify all aspects of their potential 
purchases during inspection as all items offered will be 
sold “as-is, where-is” with all faults.

3.  Each potential Buyer must register at the auction site 
or online in the case of web-cast or online events before 
the Auction.  Proof of identification may be required.  In 
addition, each potential Buyer must submit in writing or 
electronically to Auctioneer a copy of these Auction Terms 
and Conditions signed or electronically agreed to by an 
authorized representative of Buyer prior to participating in 
any Auction, as well as copies of any tax exemption 
certificates that Buyer will rely upon to establish a tax 
exemption for any Equipment purchased hereunder. Buyer’s 
failure to provide copies of such certificates at 
registration may lead to the charging of otherwise 
applicable taxes on all purchases of Equipment hereunder. 
Seller or Auctioneer may, in their sole discretion, deny 
registration or the final purchase of any Equipment to any 
person or entity, which has not followed these procedures. 
No waiver of these requirements is effective unless agreed 
to in writing and signed by authorized representatives of 
each Buyer, Auctioneer and Seller.

4.  Buyers will be responsible to pay a Buyer’s Premium on 
all purchases of Equipment.  Each Auction has a project 
specific Buyer's Premium percentage which is posted on the 
main auction page and within the project specific terms and 
conditions.  The Buyer’s Premium will be retained by 
Auctioneer.

5.  A contract will be formed upon an offer having been 
expressly accepted by Seller through Auctioneer. Buyer will 
receive notice of Sellers acceptance of an offer, verbally 
during a live Auction, in writing or by an electronic 
transmission, including e-mail or fax, given to the Buyer by 
Auctioneer or Seller or at the address or other contact 
information provided by Buyer at the Auction (Buyers Contact 
Information ). Such acceptance will be complete and 
effective if transmitted electronically, upon completion of 
the last act necessary for the computer user creating the 
notice of acceptance to transmit the e-mail message to the 
Internet for delivery to the Buyer. Any means of written or 
electronic communication by Seller, the choice of which 
shall be solely at Sellers option, shall be sufficient for 
purposes of Sellers acceptance being effective in accordance 
with the foregoing. The Buyer assumes all responsibility for 
the accuracy and effectiveness of the address and any other 
of the Buyers Contact Information provided by Buyer and for 
the receipt of Sellers or Auctioneer communication of 
acceptance at any such address. All risk of loss during the 
transmission of Sellers or Auctioneer’ notice of acceptance 
or any other notice required or permitted under the Auction 
Terms and Conditions shall be borne by Buyer. Upon the 
acceptance of Buyers offer, the terms of the contract 
between Seller and Buyer will include the price to be paid, 
these Auction Terms and Conditions and the identifying 
information for the specific Equipment purchased by such 
Buyer. The Auction Terms and Conditions may only be modified 
in writing signed by authorized representatives of each the 
Buyer, Auctioneer and Seller.

6.  Unless: (a) otherwise agreed in writing by the Seller 
and the Buyer; or (b) otherwise posted or announced by 
Auctioneer, all payments are due for Equipment purchased 
hereunder to Auctioneer, as directed, within 48 hours of the 
Auction (“Payment Date”).  All payments must be made by wire 
transfer to the bank account identified in the cover letter 
attached to the invoice sent to Buyer by Auctioneer. All 
payments are to be in US Dollars only and each Buyer will be 
responsible for any fees charged by its bank for payment 
made hereunder. In the event a Buyer’s payment is not 
received by the Payment Date, Seller and Auctioneer may 
exercise any options under these Terms and Conditions, 
including, but not limited to, resale or other disposal of 
such Equipment pursuant to Section 11.

7.  For any purchase in cash with a value of $10,000 or 
greater, the Buyer will be required to complete United 
States Treasury Department form number 8300. These forms are 
available from the Auctioneer or Auctioneer and must be 
completed and returned to the Seller as directed at the time 
of payment.

8.  Each Buyer will be charged for all applicable taxes in 
accordance with the laws of the state and/or country where 
the purchased Equipment is located or as otherwise directed 
by Seller or Auctioneer. Buyer will be charged applicable 
taxes if Buyer did not provide at registration the tax 
exemption certificates that Buyer will rely upon to 
establish a tax exemption for any Equipment purchased 
hereunder. Similarly, if in Auctioneer’s reasonable business 
judgment, any such certificates provided by Buyer are not 
valid or applicable, Buyer shall be charged applicable taxes 
and the Equipment will not be released to Buyer until the 
Buyer has paid the final purchase price and all taxes as 
shown on the invoice from Buyer. Buyer agrees to defend, 
indemnify and hold Seller and Auctioneer harmless from any 
claims, liabilities, penalties, forfeitures, and associated 
costs and expenses (including attorneys fees and costs), 
which they may incur due to Buyer failing to pay all 
applicable taxes.

9.  Each lot of Equipment sold via Auction may be offered 
subject to a reserve price with or without notice to each 
Buyer. The Seller or Auctioneer may, without giving any 
reason, refuse to accept the bidding of any Buyer. The 
Seller or Auctioneer may, at their discretion and without 
any liability, cancel without notice the Auction either 
totally or in respect to any particular lot or lots of 
Equipment or to alter, vary, or withdraw any lot or lots 
either before or at any time after commencement of the 
Auction and prior to acceptance of a bid. The Seller or 
Auctioneer shall have the right to offer a complete facility 
as a single lot. The advances in the bidding shall be 
regulated by Auctioneer. Auctioneer reserves the right not 
to acknowledge or accept any bid which is deemed a junk bid, 
in Auctioneer’ sole discretion. Auctioneer reserves the 
right not to acknowledge or accept any bid which is merely a 
fractional advance over the preceding bid, in their sole 
discretion. If, for any reason whatsoever, the Seller fails 
to deliver an awarded lot or any portion thereof, the 
Seller’s and Auctioneer’ sole liability shall be the return 
of any deposit or monies paid on such non-delivered lot or 
portion thereof, and Buyer shall have no further claim with 
respect thereto.

10.  In the event of a tie or other dispute between Buyers, 
Auctioneer at its sole discretion may reopen the bidding to 
determine the highest bidder. Auctioneer’s decision shall be 
final and absolute. The record of sale kept by Auctioneer 
will be taken as final in the event of any dispute.

11.  In the event the Buyer fails to make payment in full by 
the Payment Date, fails to remove Equipment by the Removal 
Date or otherwise defaults in its obligations regarding the 
Equipment purchased, Seller or Auctioneer may resell or 
otherwise dispose of such Equipment without notice to and at 
the Buyers sole risk and expense and recover from Buyer any 
loss and costs of resale, including reasonable attorneys 
fees and cost of suit. Seller or Auctioneer, at their sole 
option, may elect to retain for Seller all monies deposited 
in part payment by Buyer as liquidated damages and cancel 
Buyer’s agreement of purchase. Auctioneer is acting as an 
independent contractor retained by Seller and is not 
responsible for the acts of Seller or any other principals. 
Seller is not responsible for acts of Auctioneer or any of 
their service providers or agents.

12.  Buyer shall examine or inspect equipment prior to the 
day of the auction. All equipment is used and is sold as-is, 
where-is and with all faults. Seller and auctioneer make no 
warranty, express or implied, as to the nature, quality, 
value or condition of any equipment. Auctioneer and seller 
expressly disclaim all warranties express or implied, 
including, but not limited to, any implied warranty of 
merchantability, non-infringement of third party rights or 
fitness for particular purpose.  Buyer acknowledges and 
agrees that any sale is a sale of hardware items only and 
does not include any program code, software, firmware or 
data (“software”) whatsoever, in any form or medium, 
regardless of whether such software has been packaged with, 
installed on, integrated or imbedded into or otherwise 
included with the equipment.  Any such software, and any 
copyrights, patents, trade secrets, trademarks or other 
intellectual property rights in such software and the 
equipment may be the property of the manufacturer of the 
equipment or one or more other third parties.  No sale shall 
grant or convey to buyer any license or rights whatsoever in 
or to any such third-party software or intellectual 
property, and as a condition to any use thereof buyer agrees 
to obtain the appropriate licenses and authorizations from 
such third parties.  No oral or written information or 
advice given by seller or auctioneer, or any representative 
thereof shall create a warranty or in any way increase the 
scope of this warranty. Buyer accepts the risks of use and 
except as otherwise stated herein such risks fall solely on 
buyer. In no event shall seller, auctioneer or auctioneer be 
liable for any indirect, special, incidental or 
consequential damages resulting from their performance or 
failure to perform under this auction or the furnishing, 
performance or use of any equipment sold pursuant hereto, 
whether due to a breach of contract, breach of warranty, 
strict liability, negligence or otherwise.

13.  Seller and Auctioneer make no representation or 
warranty concerning the truth or completeness of information 
provided to Buyer regarding the Equipment subject to 
Auction. Photographs are provided solely for the Buyers 
convenience and shall not be construed to create 
representation or warranties of any kind pertaining to the 
Equipment. Buyer acknowledges that it has had the full 
opportunity to physically inspect all Equipment prior to 
tendering its bid and agrees that, to the extent that Buyer 
elects not to physically inspect the Equipment, that Buyer 
hereby expressively waives any right it may have, if any, to 
seek any recourse for any claim that such inspection would 
have revealed. Buyer waives any and all claims against 
Auctioneer and/or Seller relating to photographs or 
descriptions of such Equipment. And, while quantities and 
descriptions are believed to be correct, there are no 
guarantees and neither Auctioneer, Seller, nor their 
representatives will be held responsible for advertising 
discrepancies, inaccuracies or failure of the Equipment to 
correspond with any standard expected. No Equipment shall be 
sold or deemed to be sold by description. A Buyer shall not 
be entitled to rely on any representations made either in 
writing or orally by or on behalf of the Seller or 
Auctioneer. The description, measurements, dimensions, 
serial and Equipment numbers, year, model, quantities and 
weights set out in the auction brochures, catalogues and/or 
invoices are believed to be accurate, but such information 
is given by way of identification only and no warranty, 
condition or guarantee is given or is to be implied as to 
the accuracy of such descriptions, measurements, serial and 
Equipment numbers, year, models, quantities or weights or 
other particulars or the genuineness or authenticity of any 
lot of Equipment and neither the Seller or Auctioneer will 
be responsible for any damage or loss (consequential or 
otherwise) arising as a result of any inaccuracy in respect 
thereof.

14.  All Equipment must be removed by the posted removal 
date.  All removal is at the Buyer’s cost, unless otherwise 
noted.  There shall be no removal of Equipment until the 
Auction is completed and the Buyer has paid in full the 
final purchase price, including the Buyers Premium and all 
applicable taxes.   Auctioneer may restrict removal of 
Equipment in whatever manner they deem necessary in order to 
maintain the operation and security of the premises and 
Equipment. Buyer shall be responsible to completely remove 
all Equipment purchased and shall proceed diligently in the 
removal of the Equipment. Any Equipment not removed by the 
posted removal date may be subject to daily storage charges.  
No forklifts, tools or material handling equipment located 
at the auction site may be used by Buyers during removal.  
Auctioneer takes no responsibility or any liability 
resulting from claims for loss or damage to equipment due to 
removal by Buyer.  Auctioneer makes no warranty about damage 
free transport and takes no responsibility or any liability 
resulting from claims for loss or damage to equipment during 
transport to Buyer’s location. During removal of Equipment, 
no liability can be accepted by the Seller or Auctioneer for 
any loss or damage arising from strikes, industrial 
disputes, war, acts of God, and other things beyond Seller’s 
or Auctioneer’ control.

15.  Each Buyer or their agent should inspect the purchased 
Equipment at the Sellers applicable facility before the 
Equipment is removed from Sellers premises and determine the 
removal and shipping requirements of said Equipment. This 
may be done by the Buyer and/or their agent. Seller and 
Auctioneer take no responsibility for shortages or 
differences in piece counts or any liability resulting from 
claims for loss of or damage to and/or missing pieces of the 
Equipment upon arrival at Buyers destination.

16.  Buyer shall assume that hazardous materials may have 
been used in the Equipment and that it may not have been 
completely removed and ensure that people coming in contact 
with the Equipment use proper protective equipment and 
clothing until the actual condition of the Equipment is 
determined. Buyer acknowledges having been notified that 
proper protective gear and clothing, and proper safety 
methods should be used at all times when handling and/or 
using the Equipment. If applicable, Material Safety Data 
Sheets for the hazardous materials listed will be provided 
upon written request. Buyer, for itself and for any other 
recipient on Buyers behalf, agrees that in the event the 
Equipment is transferred to a third party prior to being 
used by the Buyer or other recipient, Buyer will attach 
disclosure information, if applicable, to the Equipment and 
to the documentation covering the transfer of the Equipment. 
Buyer agrees to require that the disclosure information be 
continuously passed on to subsequent recipients until the 
Equipment has reached the final recipient or end user.

17.  Buyer agrees that, upon taking possession of the 
Equipment, it will be Buyers responsibility and duty to 
inspect and monitor all Equipment on a continuing basis, to 
provide proper safety devices and Equipment and all means 
necessary to safeguard the operator from any harm for any 
particular use or operation or setup of the Equipment. Buyer 
accepts full responsibility for any further duty to 
adequately install, operate or safeguard all Equipment and 
meet all applicable government safety standards, which may 
be imposed from time-to-time.

18.  Buyer shall bear all risk of loss, property damage, 
environmental damage and personal injury caused by removal 
and transportation of Equipment purchased hereunder. Seller 
warrants that upon Seller’s receipt of the payment of agreed 
purchasing price from Auctioneer, title and risk of loss or 
damage will pass to Buyer. A certificate of insurance 
reflecting adequate insurance coverage, holding Auctioneer 
and Seller harmless against any damage must be furnished to 
the Seller prior to such removal. Buyers obligations with 
regard to removal of Equipment purchased further include the 
obligation to repair and restore any damage to the real 
property or permanent improvements where the Equipment is 
located caused by the removal of Equipment. This includes 
repairing any external openings created by such removal 
where the item removed constituted a portion of the external 
shell of the building, i.e., a tank that protrudes through 
the roof. In the event of any question, Seller shall make 
the final determination as to what repairs Buyer must make. 
In the event any of the repairs described herein are 
necessary they must be made, if possible, prior to the 
Equipment being removed. Buyer agrees to defend, indemnify 
and hold Seller and Auctioneer harmless from any claims, 
liabilities, penalties, forfeitures, and associated costs 
and expenses (including attorneys fees and costs), which 
they may incur due to Buyers purchase or use of the 
Equipment.

19.  Buyer must remove Equipment from Seller’s location by 
the designated removal date. The removal date (“Removal 
Date”) will be determined and agreed to by Seller and Buyer, 
subject to Seller’s de-installation schedule, unless an 
exception is posted at the Auction sale, online in the case 
of web-cast Auction events or announced by Auctioneer, or an 
arrangement is made between Seller and Buyer and approved in 
writing by Seller and Buyer. Any Equipment not removed by 
Buyer from the Sellers storage location by the Removal Date 
will result in Buyer being in violation of these Auction 
Terms and Conditions, giving Seller and Auctioneer the right 
to exercise any options under these Terms and Conditions, 
including, but not limited to, resale or other disposal of 
such Equipment pursuant to Section 9., and Buyer hereby 
agrees to pay Seller a late charge of $55.00 per day, plus 
additional expenses incurred by Seller, or Auctioneer to 
remove, resell or dispose of such Equipment.

20.  In the event of problems resulting from online or 
webcast auction software malfunctions, internet connection 
disruptions or other computer related malfunctions, 
Auctioneer reserves the right to cancel any sale.  
Auctioneer at its sole discretion may reopen the bidding to 
determine the highest bidder. Auctioneer’s decision shall be 
final and absolute. The record of sale kept by Auctioneer 
will be taken as final in the event of any dispute.

21.  Certain items of Equipment offered for sale at the 
Auction may constitute Restricted Technology. Under federal 
law, such items may not be shipped outside of the United 
States. Seller and Auctioneer make no representation or 
warranty concerning, and has conducted no investigation to 
ascertain the Equipment, if any, that constitutes Restricted 
Technology. Buyer acknowledges and agrees and further 
represents and warrants that: (i) it is solely responsible 
for determining all licensing/legal requirements and 
obtaining all licenses and legal authorizations required to 
purchase, import or export any Equipment; (ii) it will not 
request or make any regulatory certifications or 
applications in the name of or on behalf of Seller or 
Auctioneer; (iii) it will not, unless specifically 
authorized by appropriate government license or regulation, 
transfer, export or re-export, directly or indirectly, any 
Equipment, including without limitation any technology, 
software, or components purchased hereunder or its direct 
product to any countries or to their assimilated entities 
(i.e. Embassies, Consulates, Controlled In Fact Entities) or 
to the nationals of any country which are subject to the 
United States or other countries export control laws and 
regulations, as applicable, including the Export 
Administration Regulations. Such restricted countries 
include, but may not be limited to, Afghanistan, Cuba, Iran, 
Iraq, North Korea, Libya, Sudan or Syria, as well as any 
other country subject to restriction under applicable laws 
and regulations; (iv) it is not located in, under control 
of, or a national or resident of any such country; (v) it 
and any party it represents are not legally barred from 
buying, exporting or importing Equipment and that it and any 
party it represents are not identified on any end-user list 
maintained by the United States government, including but 
not limited to the following lists: Debarred Parties List 
(U.S. Dept. of Commerce); Denied Persons List (U.S. Dept. of 
Commerce); Entity List (U.S. Dept. of Commerce); Unverified 
Users List (U.S. Dept. of Commerce); Specially Designated 
Nations List (U.S. Dept. of Treasury, Office of Foreign 
Asset Control); and/or Parties of Non-Proliferation Concern 
List (U.S. Departments of State and Commerce); (vi) it will 
not use the Equipment in any activity related to the 
development, production, use or maintenance of "Weapons of 
Mass Destruction" including without limitation, uses related 
to nuclear, missile, and/or chemical/biological development; 
and (vii) it will not transfer, export or re-export, 
directly or indirectly, the Equipment to any third party 
engaged in any such activity. Buyer agrees to defend, 
indemnify and hold Seller, Auctioneer and Auctioneer 
harmless from any claims, liabilities, penalties, 
forfeitures, and associated costs and expenses (including 
attorneys fees and costs), which they may incur due to 
Buyers failure to comply fully with all applicable federal, 
state, and local laws and regulations, and the laws and 
regulations of other countries to the extent that such may 
be applicable, including, but not limited to, the export 
control laws of the United States of America or other 
applicable countries.

22.  This shall be a Connecticut contract and shall be 
deemed to have been made in Connecticut. Any claim relating 
to the contract or to the sale or use of the Equipment shall 
be governed by and construed in accordance with the laws of 
the State of Connecticut (regardless of the laws that might 
be applicable under principles of conflicts of law). The 
terms and provisions of the United Nations Convention on 
Contracts for the International Sale of Goods are expressly 
agreed to be not applicable to any contract between Buyer 
and Seller relating to the Equipment.

23.  Any Dispute shall be settled by binding arbitration in 
accordance with the Commercial Arbitration Rules of the 
American Arbitration Association. Such arbitration shall be 
conducted in Connecticut. The arbitration shall be conducted 
by a single arbitrator, selected in accordance with the 
applicable rules of the association. Any award rendered by 
the arbitrator may be entered as a judgment or order and 
confirmed or enforced by either the Buyer or the Seller in 
any state or federal court having competent jurisdiction 
thereof.   If these terms and conditions are found not to be 
subject to arbitration, the parties knowingly and willingly 
waive any right they have under applicable law to a trial by 
jury in any dispute arising out of or in any way related to 
this agreement or the issues raises by that dispute.

24.  These Auction Terms and Conditions along with the price 
to be paid as accepted at the Auction, the identifying 
information for the specific Equipment purchased by such 
Buyer, and any other specific terms and conditions relating 
to the removal/crating/shipping of such Equipment as 
disclosed by Seller or Auctioneer represent the entire 
agreement between the parties as to the subject matter 
hereof.

25.  In the event of a conflict between these Auction Terms 
and Conditions and any other agreement, understanding or 
other document relating to the sale of the Equipment, these 
Auction Terms and Conditions shall govern.

26.  All sales transactions are to be conducted in US 
Dollars.

If you agree to the terms and conditions above you may register for this event. Registering for this event means you agree to both the BidSpotter.com website terms and conditions and also Thomas Industries terms and conditions for this auction.

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