Wexler Meat Company

by Barliant Auctions, Inc.

Dec 15, 2004 9:30am CT (3:30pm GMT) Live Webcast Auction

Important Information

Terms and Conditions

Barliant Auctions, Inc. Welcomes You to this Auction

Order of Sale: Auction begins at 9:30 A.M.

Terms & Conditions:

1. Bidder card requirements are one of the following:
A. Twenty-five percent (25%) refundable cash deposit
with $200.00 minimum.
B. A bank letter guaranteeing the amount of your check
or wire transfer drawn on your account. The bank
letter must specify business or personal account.

2. A ten percent (10%) buyer’s premium will be added to all
purchases, an additional 3.5% charge will be added to
internet puchases.

3. Payments shall be:
A. Cash, check with bank letter, same day wire transfer.
B. Paid immediately after completion of auction.
C. In default if payment in full is not made within the
time specified. Barliant Auctions, Inc., in
addition to all other remedies allowed by law, may
retain all monies received as liquidated damages.
Lots not paid for and/or removed within the time
allowed herein may be resold by public or private
sale. Any deficiency, together with all expenses of
resale, will be charged to the defaulting buyer.
D. The record of sales kept by the auctioneer and clerk
will be taken as final.
E. Illinois State sales tax will be collected where
applicable.

4. Warranty & Description: Barliant Auctions, Inc., LaSalle
Bank, Steven A. Nerger, and Wexler Meat Company make no
warranty, expressed or implied, including any implied
warranty of merchantability or fitness for a particular
purpose, and no person has authority on behalf of
Barliant Auctions, Inc. to grant such warranty or make
any representation, written or oral, regarding such
equipment, parts or supplies. While we have endeavored
to be as accurate as possible in our descriptions,
buyers should avail themselves of the opportunity to
make inspection prior to purchase and should use their
own determination as to make, model, condition, age,
value and any other pertinent information required.

5. Safety Devices: Articles purchased may not incorporate
approved activating mechanisms, operating safety devices
or safety guards, as required by OSHA or otherwise. It
is buyer’s responsibility that articles purchased be so
equipped and safeguarded to meet all requirements on
equipment sold at this sale.

6. Indemnification: Buyer shall defend and indemnify and
hold Barliant Auctions, Inc., LaSalle Bank, Steven A.
Nerger, and Wexler Meat Company 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 manufacture, 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.

8. Barliant Auctions, Inc., LaSalle Bank, Steven A. Nerger,
and Wexler Meat Company reserve the right to withdraw
items from or add items to the sale, and also reserve
the right to group one or more lots or subdivide into
two or more lots. Items being sold by quantity will
be “times the money”.

9. Proxy bids will be bid by Barliant Auctions, Inc. on the
buyer’s behalf.

10. Disputes between bidders: If any dispute arises
between two or more bidders, the auctioneer’s decision
will be final. The record kept by the Barliant
Auctions’ clerk will be final in any dispute during
Internet bidding.

11. Minimums and Reserves: When an item is offered as
ABSOLUTE, the high bid will be accepted without any
conditions. When an item is offered WITH A MINIMUM BID,
the high bid will be accepted if it is equal to or
greater than the minimum. Items offered WITH RESERVE
are subject to the seller’s acceptance of the high
bid. 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.

12. Removal:

A. The auctioneers will make every effort to provide
security at the auction site. However, after a
piece of equipment is sold, its removal and
security become the sole responsibility of the
buyer.
B. No equipment will be removed until auction is
completed.
C. Small hand carried items to be removed within 5 days
after the auction, large items to be removed by
Friday, December 31st, 2004. If more time is
needed for removal of items such as rendering and
smokehouses arrangements can be made with a guard
service charge. Property not removed by this time
will be considered abandoned and disposed of. No
claims will be acknowledged.
D. Any Rigging Company must have insurance bonds in
auction company’s possession prior to any removal.
E. Check out will be 9 a.m. to 4 p.m. weekdays. Upon
request, weekends may or may not be made available.

13. Claims: No claims will be allowed after removal of
goods from premises.

14. Risk to person and property: Persons attending during
inspection, sale, or removal of goods assumes all risks
of damage of or loss to person and property and
specifically release Barliant Auctions, Inc., LaSalle
Bank, Steven A. Nerger, and Wexler Meat Company from
any and all liabilities.

15. Announcements made on the day of sale supersede any
printed material or other advertised information.

Please contact us or notify our staff at this auction if your company has the need of an appraisal or has surplus equipment from single items to complete plants or if you need equipment not offered at this sale.

Thank you for attending another Barliant Auctions sale.