BY REGISTERING TO BID, YOU ARE
AGREEING TO ALL OF THE
FOLLOWING TERMS AND
CONDITIONS.

1. The services provided
by Credit Management
Association (“Auctioneer”) are
governed by these Terms and
Conditions. By participating
in this auction, you consent
to be bound by these Terms and
Conditions as well as by any
additional terms that may be
imposed by the seller or
announced at the auction.

2. Auctioneer may, in its
sole discretion, deny
registration to any person or
entity.

3. Payments are
accepted in the form of
Cashier’s
Check made payable to Credit
Management Association and
sent
overnight to Attn: Auction
Division, 40 E. Verdugo
Avenue,
Burbank, CA 91502, or by Wire
Transfer. NO EXCEPTIONS. All
bidding and invoicing will be
in US Dollars ($); the above
approved forms of payment must
be made in US currency. ALL
INVOICES MUST BE PAID WITHIN
48 HOURS OR THE DEPOSIT WILL
BE
FORFEITED TO AUCTIONEER.

5.There will be a 10% buyer’s
premium applied to all
purchases.

6. ALL SALES ARE FINAL.
NO EXCEPTIONS. The condition
of
the merchandise being offered
varies. Buyer understands and
agrees: (1) that any
description or sample of the
merchandise given or furnished
by Auctioneer is solely for
identification and does not
create any warranty, expressed
or implied, that the
merchandise actually conforms
to such
description or sample; (2)
that all merchandise is
purchased
and accepted by Buyer “AS IS –
WHERE IS”, “IN PLACE” and
“WITH ALL FAULTS, KNOWN AND
UNKNOWN.” CREDIT MANAGEMENT
ASSOCIATION (“AUCTIONEER”)
MAKES NO WARRANTIES OR
GUARANTEES
WHATSOEVER WHETHER WRITTEN,
ORAL OR IMPLIED AS TO QUALITY,
QUANTITY, CONDITION, LOCATION,
USEABILITY, SALEABILITY,
WEIGHT, MEASUREMENT, YEAR,
MODEL, MECHANICAL CONDITION,
PERFORMANCE, FITNESS FOR A
PARTICULAR PURPOSE OR OTHER
SPECIFICATIONS. NO SALE SHALL
BE INVALIDATED AND AUCTIONEER
SHALL HAVE NO LIABILITY FOR A
MISDESCRIPTION OF ANY ARTICLE
OR LOT WHETHER CONTAINED IN A
CATALOG, ADVERTISEMENT OR
OTHERWISE. Descriptions have
been prepared for guide
purposes only and shall not be
relied upon by Buyer for
accuracy or completeness. By
submitting a bid, Buyer/Bidder
affirms it has inspected all
items or has waived its right
to do so prior to bidding.
Buyers shall be deemed to have
relied entirely upon their own
inspections and
investigations.

7. Assets are intended to
be sold without software, if
any is applicable. In the
event that a Seller’s software
is
included in an asset sale,
notwithstanding the
disclaimers
set forth above, Auctioneer
makes no representations or
warranties regarding the
Buyer’s right to use such
software,
as to the performance of the
software, its non-infringement
to otherwise. In such
circumstances, Auctioneer
recommends
that Buyer contact the
software manufacturer directly
to
resolve any such issues.

8. Buyers will be charged
all applicable taxes unless
SATISFACTORY PROOF OF
EXEMPTION is provided to
Auctioneer.
If satisfactory proof is not
provided, Buyer will pay all
applicable taxes to
Auctioneer. Proof must be
provided PRIOR
to removal of purchases. No
taxes will be refunded once
the
purchasers have left the site.
Proof of exemption, subject
to approval by Auctioneer,
includes VALID RESELLER’S
PERMITS, STATE-ISSUED LETTERS
OF EXEMPTION, BILLS OF LADING
provided by shipper for OUT-
OF-STATE SHIPMENTS only, and
any
other documents as governed by
applicable local, state, and
federal laws deemed acceptable
at Auctioneer’s sole
discretion. Taxes are
calculated AFTER the buyer’s
premium.

9. All assets in the
auction shall be sold to the
highest bidder conforming to
the bid process: provided,
however, that some assets may
be auctioned with minimum
reserve prices, and/or subject
to seller’s right of
confirmation. Auctioneer
reserves the right to reject
any
bid that is only a minimal
increase over the preceding
bid,
that is not commensurate with
the value of the item being
offered or that Auctioneer
believes was made illegally or
in
bad faith. Further,
Auctioneer, may bid at the
auction
either for its own account or
on behalf of a third party.
In the event of a dispute
among bidders, Auctioneer may,
in
its sole discretion, either
accept what it deems to be the
final bid or solicit further
bids on the item in dispute.
All sales are final. No
returns or refunds will be
permitted, unless authorized
by the seller in writing.

10. Auctioneer reserves
the right to sell articles by
individual group lots and “En
Bloc” as he deems appropriate.
Auctioneer reserves the right
to group, reduce, add to or
delete lots. Auctioneer
reserves the right to sell on
behalf
of third parties, its own
account or on the account of
others. In the event there is
a dispute between two or more
claims of entitlement as the
successful bidder, Auctioneer
reserves the right to re-
auction the item in dispute.
Auctioneer shall regulate all
matters relating to the
conduct of the auction and his
decision shall be final and
binding on all bidders.
Auctioneer shall be entitled
to make
changes in (the composition
of) the lots or to withdraw
them, up until the last moment
before the sale, refuse bids
without having to state the
reason, in which case the
previous bidders shall be
bound to their bids, and to
correct himself. Auctioneer
reserves the right to sell
subject to reserve and to
purchase for its own account
or of
others, whether by verbal or
written proxy, all subject to
prior sale. All sales shall be
concluded on the fall of the
hammer or as indicated by
Auctioneer and no buyer may
thereafter revoke his bid.

11. Any announcements made
on the day of the auction
take precedence over catalog
or other previously announced
or documented information, but
do not alter in any way the
basic terms and conditions of
sale. Credit Management
Association reserves the right
to correct any mistakes or
typographical errors made by
itself or on its behalf in any
of its announcements or
documents.

12. By participating in an
auction, each bidder
represents, warrants and
covenants that (i) it shall
not
misrepresent its ability to
close the transaction pursuant
to the terms and conditions of
sale, (ii) it has the
capacity to close the
transaction, (iii) it has
actual
authority to enter a bid, and
to enter into an agreement to
purchase the item, and (iv)
any bid it makes on an item
constitutes an irrevocable
offer to buy the item for the
full amount of the bid.

13. Auctioneer may, in its
discretion, offer the assets
for sale by the piece or by
the lot. In addition,
Auctioneer may augment an
auction with assets from
various
sellers. These assets may be
interspersed throughout the
auction. The seller has the
right to remove assets from
the
auction either before or after
bidding has completed. In
the event of a removal after
bidding has been completed,
the
purchaser’s sole remedy shall
be the refund of any purchase
price actually paid.

14. Auctioneer will
announce any additions to or
deletions from the catalog on
the day of the auction.
Auctioneer and the seller
assume no responsibility for,
and
make no representations or
warranties concerning,
descriptions of assets
contained in marketing
materials for
the auction. It is the
bidders’ obligation to verify
such
descriptions prior to the
auction.

15. Neither Auctioneer nor
seller shall be liable for
any damages of any type or
nature (whether in contract,
tort
or otherwise) sustained or
claimed by any bidder or any
other person or entity in
connection with the auction.
Without limiting the
foregoing, in no event shall
Auctioneer’s liability to any
bidder for any act or omission
occurring in connection with
the auction exceed the amount
that such bidder has actually
paid to Auctioneer as a
deposit or as payment for a
purchased item.

16. No checkout will be
permitted during the auction
sale. All invoices must be
paid in full before any
merchandise will be released
from the premises. Unless
Auctioneer determines
otherwise at its sole
discretion,
checkout will begin on the day
following the auction sale.
Quantities must be checked
before removal of purchases.
No
allowances will be made for
claims or shortages once items
are removed from the auction
premises. Unless Auctioneer
determines otherwise at its
sole discretion, no item, no
matter how small or how far
the purchaser has to travel,
may
be removed until the close of
the auction sale. Where
available, documents of
transfer, including motor
vehicle
ownership documents, will be
provided within 30 days
following the auction or as
soon thereafter as such
documents are available.
Credit Management Association
makes no warranties that such
documents will be available.
Any available titles shall not
pass to Buyer until full
payment is received.

17. All property must be
paid for and picked up in the
time frames announced by
Auctioneer at time of sale.
If
not, the merchandise will be
deemed abandoned and Buyer
will
lose right, title or interest
Buyer may have acquired and
the merchandise shall revert
and repossess to Auctioneer
without further notice to
Buyer and Buyer’s deposit will
be
forfeited. No purchaser may
assign, transfer, or dispose
of
his rights in any article
purchased before he has paid
the
purchase price in full.

18. If any applicable
conditions are not complied
with
by Buyer, then, in addition to
any other remedies available
to Auctioneer, including and
without limitation, the right
to hold Buyer liable for the
total purchase price,
Auctioneer may, at its option,
(a) cancel the sale,
retaining all payments made by
Buyer, including any deposit
made, as liquidated damages
and/or (b) resell the
merchandise at public auction
in which event Buyer will be
liable for the cost of
removing and reselling the
abandoned
merchandise, for any
deficiency between Buyer’s
original
purchase price and subsequent
resale price, Auctioneer’s
commission, interest rates (a
minimum of 1.5% per month or
18% per annum), legal fees,
moving and storage (a minimum
of
$2.00/sq.ft. per month) and
all other expenses related to
the disposal or reselling of
the abandoned property. In
addition, Auctioneer may
retain any merchandise
purchased at
auction by a defaulting Buyer
as collateral security for
Buyer’s obligations to
Auctioneer.

19. Buyer is solely
responsible to provide any
personnel, equipment or
materials needed to pick up
purchases and shall assume all
responsibility for the
removal of any item of
property purchased at the sale
and
any and all risks associated
with such removal including,
without limitations, the
responsibility for providing
LICENSED AND BONDED
professionals to ensure proper
water,
gas and/or power
disconnection, disassembly,
removal and
loading and full financial
responsibility for any damage
or
liability to persons or
property resulting from any
negligent act or omission of
Buyer or Buyer’s employees,
agents and/or representatives
during pick-up and removal.

20. Buyer agrees that in
the event purchased
merchandise
contains any environmental
hazards, toxic waste or other
type of hazardous material in
any form whatsoever, Buyer
shall provide evidence that
Buyer or its representatives
are
licensed for such removal and
shall comply with all
applicable local, state and/or
federal rules, laws and
regulations. Auctioneer, its
agents or representatives will
not be responsible for its
containment, storage or
removal.

21. Persons in attendance
during the inspection, sale or
removal of merchandise assume
all risks of damage or loss to
persons, property, or
merchandise and shall exercise
proper
precautions at all times for
the protection of persons and
property and shall comply with
all safety and health
requirements as directed by
Auctioneer, and local, state
and
federal regulations.
Auctioneer, its agents, its
employees
and representatives shall not
be liable by reason of any
defect in or about the
condition of the premises on
which
the auction is held. Buyer
specifically releases
Auctioneer,
its agents and representatives
from all liability thereof.

22. All risks of loss
shall pass to Buyer at the
time of
payment. If Auctioneer is
unable to deliver an article
sold
to Buyer due to fire, theft or
any other reasons whatsoever,
Auctioneer shall reimburse
Buyer for all monies paid to
Auctioneer in respect to the
article and Auctioneer shall
have no further liability to
the purchaser arising from or
relating to such loss,
including without limitation
any
damages for loss of profits.

23. In no event shall
Auctioneer’s liability to
Buyer
exceed the purchase price
actually paid. A buyer’s claim
shall be limited to the amount
paid for the merchandise, and
shall not extend to any
obligation; risk; liability;
right;
claim; remedy for loss of use,
revenue or profit; liability
of Buyer to any third party;
personal injury; or any other
direct, indirect, incidental
or consequential damages.
Auctioneer is acting as an
agent only and is not
responsible
for its clients

24. Buyer agrees to
indemnify, defend and hold
harmless
Auctioneer, Seller and their
agents and representatives,
from any and all demands,
claims, losses, damages and
liabilities (including
attorney’s fees) asserted
against,
resulting to or imposed upon
Auctioneer or seller resulting
from the negligence of Buyer
or his/her employees, agents
and representatives, while in,
at or about the auction
premises during inspection,
sale or removal of
merchandise.

25. Credit Management
Association shall have the
right
to make image and audio video
recordings of the auction, to
use said recordings at its own
discretion, and if deemed
appropriate to make them
public. Participants give
their
permission by participating in
the auction.

26. The bidder’s paddle is
nontransferable. All bids
made by the holder of the
paddle will be Buyer’s
responsibility. A successful
bid at auction constitutes a
legally binding contract of
sale. Auctioneer reserves the
right to refuse any applicant
the privilege of bidding or
attending the auction and may
revoke such privilege of
bidding or attending the
auction AT ANY TIME.

27. This sale transaction
shall be governed by and
construed in accordance with
local laws of the State of
California, USA. If any
provision of these Terms and
Conditions shall be held
invalid, illegal,
unenforceable or
inoperative, the balance of
Terms and Conditions shall
remain in full force and
affect as if such provisions
had
not been included. These Terms
and Conditions with any
amendments or modifications
expressly made by Auctioneer
at
the time of the auction
constitute all the terms and
conditions with respect to the
sale of articles at this
auction. There are no
representatives, warranties,
terms,
conditions, undertakings or
collateral agreements except
as
herein provided.

28. Bidders acknowledge
that an auction site or the
seller’s site is a potentially
dangerous place. Flammable,
noxious, corrosive and
pressurized substances may be
present. Heavy equipment may
be operated and electrical
circuits may be live. Every
person enters such site at his
or her own risk with notice of
the condition of the premises
and the activities that will
be or have been conducted on
the premises. Bidders shall
so advise their agents and
employees. No person shall
have any claim against
Auctioneer, The seller or
their respective agents or
employees for any injuries
sustained or for damages to or
loss of property that may
occur at such site.

29. It is the buyer’s sole
responsibility to meet all
governmental safety and
environmental standards in
removing,
shipping and using purchased
items. Certain of the items
for sale may contain
“hazardous substances”, as
that term is
defined under federal, state
or local environment laws and
regulations. Auctioneer has
no duty to remove any
hazardous
substances that are contained
in or are a part of any item.
Buyers agree to defend (by
counsel satisfactory to
Auctioneer) and indemnify
Auctioneer and Seller, and
hold
Auctioneer and Seller harmless
from and against any claim,
demand, cause of action,
liability or expense
(including
attorneys’ fees and costs)
asserted against or incurred
by
Auctioneer or Seller in
connection with the sale,
removal,
shipment or use of any
purchased items.

30. Buyers agree to comply
with all US export control
and related laws and
acknowledge that Auctioneer is
not the
exporter of any purchased
item. Certain items offered
for
sale at the auction may
constitute “Restricted
Technology”. Under
federal law, such items may
not
be shipped outside of the
United States. Auctioneer
makes
no representation or warranty
concerning and has conducted
no investigation to ascertain
which items, if any,
constitute Restricted
Technology.

31. Seller reserves the
right to cancel any sale at
any
time.

32. All Registered Buyers
acknowledge and accept the
above Terms and Conditions by
participating in this auction.

ALL SALES ARE FINAL! NO
REFUNDS OR EXCHANGES!

ALL INVOICES MUST BE PAID IN
FULL BY Tuesday, June 4, 2013
12:00 NOON