Pallet Jack

EVENT DETAILS
Special Terms of Sale
All Sales are final.
All Items are Sold AS IS / Where IS!!!
*** All Purchases MUST be Removed from the Property by 2/24/24 NO EXCEPTIONS ***
*** Payment MUST be made at time of Pick-Up or Before ***

Removal of items will be in staggered increments.
Removal increments will be scheduled by the onsite auction supervisor:  Russ Hodder

1. THE UNDERSIGNED (BUYER) ACKNOWLEDGES THAT S/HE/IT HAS CONDUCTED A THOROUGH INSPECTION OF THE ITEMS BEING PURCHASED. ALL ITEMS ARE SOLD IN AN AS-IS, WHERE-IS, AND AS INSPECTED, CONDITION WITH ANY AND ALL FAULTS. WHILE  DESCRIPTION IN PRINTED MATERIALS ARE BELIEVED TO BE CORRECT, THE SELLER MAKES NO WARRANTIES OR GUARANTEES, EXPRESSED OR IMPLIED, AS TO THE GENUINENESS, AUTHENTICITY OR MERCHANTABILITY OF, OR DEFECT IN ANY ITEM, AND WILL NOT BE HELD RESPONSIBLE FOR ANY DISCREPANCIES OR INACCURACIES. ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ((WITHOUT LIMITATION) AS TO THE MERCHANTABILITY OF ANY ITEM OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY DISCLAIMED. NO WARRANTIES ARE MADE AS TO THE MERCHANTABILITY OF ANY ITEM OR THEIR FITNESS FOR ANY PURPOSE.
2. INFORMATION CONTAINED IN LISTING(S) IS SUBJECT TO BUYER VERIFICATION AND INSPECTION. EVERY EFFORT IS MADE TO ENSURE THE DESCRIPTION AND PHOTOS MATCH. YOU ARE BIDDING ON THE ITEM DESCRIBED, AND NOT PHOTO. NO ASSUMPTIONS SHOULD BE MADE ON PHOTOS. THE SELLER, SELLERS AGENTS AND/OR REPRESENTATIVES, HILCO FIXED ASSET RECOVERY, IT'S AFFILIATES, REPRESENTATIVES AND/OR AGENTS, ARE ALL HELD HARMLESS AGAINST ANY/AND ALL CLAIMS AND HAVE NO LIABILITY FOR ITS ACCURACY, ERRORS, OR OMISSIONS; IN ADDITION TO ANY ISSUES THAT MAY RESULT DUE TO THE AUCTION SITE AND ANY ISSUES THAT MAY ARISE DUE TO MALFUNCTION(S) OR INTERNET ISSUES AT ANY POINT DURING THE PROCESS.
3. Payment must be made at Pick-Up or before.  Payment may be made by Visa, MasterCard or American Express at the location. When paying by credit card, Buyer is waiving any/all rights to initiate a credit card chargeback against the transaction. Limit on Credit Card Payments is $5,000.00 USD; amounts above $5,000.00 will require a wire or ACH payment.
4. Applicable state sales tax, (7%), will be added to all purchases. Exempt Buyers must provide a NEW Tax Exempt certificate prior to the Auction Close to Russ Hodder (Russ@Hodder.US).
5. Ownership title passes upon payment of the purchase price, and thereafter the property is at the risk of the Buyer, and the Seller shall not be responsible for the loss or damage to any article due to theft, fire, breakage, or any cause whatsoever, however occasioned.
6. RIGGING IS NOT PROVIDED: Removal shall be at the sole expense, liability and risk of the Buyer. Buyer is responsible for providing all labor, material and equipment to properly execute removal; to the extent required by applicable law. Buyer shall use licensed persons to perform all aspects of the removal (including (without limitation) licensed contractors, electricians, riggers, and plumbers). Buyer is solely responsible to provide any personal, equipment or material needed to pick up and/or remove 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 limitation, the responsibility for providing licensed and bonded professionals to ensure proper water, gas and/or power disconnection, and full financial responsibility for any damage or liability to persons or property resulting from any act or omission of Buyer or any Buyers employees, agents, independent contractors, and/or representatives during pick-up and/or removal. Buyer agrees that in the event purchased items contains any environmental hazards, toxic waste or other type of hazardous material or substance (collectively, HAZMAT) in any form whatsoever, Buyer
shall provide evidence that buyer or its employees, agents, independent contractors, and/or representatives are licensed for the removal of items and shall comply with all applicable local, state and federal status, ruled, laws, ordinances, codes, and regulations. Neither Seller, its agents nor its representatives shall have any responsibility for HAZMAT or containment, storage or removal thereof.
7. Buyer must remove ALL purchased items and ALL PARTS of purchased items. There is no right of abandonment. Buyer subject to any expenses associated with the removal of any items not removed.
8. Seller shall not be responsible for non-delivery to any Buyer of any item purchased, other than refund the deposit or sum paid on any item due to Seller error. The liability of Hilco Fixed Asset Recovery and Seller is limited to the refund of the bidder's purchase price.
9. The Seller reserves the right to withdraw any listed item from the sale, to sell items that are not listed, to group one or more items into one, to subdivide items and to sell any/all items in bulk.
10. In the event the Buyer fails to comply with any of the terms and conditions of the sale, the Seller may sue buyer for damages. Buyer agrees to pay any and all charges and expenses incurred by reason of any breach of the terms and conditions of this sale, including, without limitation, reasonable attorney fees. Any items remaining at the removal site after the allotted removal period, or date expressed by the seller's agent, will be considered abandoned by the Buyer, all rights to items will be forfeited, all monies will be retained by Seller, and the items will be re-sold or otherwise disposed of immediately at Seller's discretion. Buyer will lose any and all right, title or interest Buyer may have acquired and the items shall revert to and re-vest in the Seller without further notice to Buyer.
11. These written terms and conditions of sale supersede any other terms and conditions, either written or verbal and cannot be modified.
12. Buyer hereby agrees to and shall indemnify, defend and hold Seller, its subsidiaries and affiliated companies, and their respective directors, officers, representative, independent contractors, and employees, harmless from any third party liability (including reasonable attorneys fees and court costs) occurring or arising by reason of or relating to Buyer's or its subsidiaries and affiliated companies, or their respective directors, officers, representatives, independent contractors, or employees (i) breach of these terms and conditions, (ii) damage to persons or property at the location(s) of the items purchases, or (iii) negligent, willful or unlawful acts or omissions.
12a.All buyers must obtain a Certificate of Insurance (COI) before they will be allowed to remove any items from the store. The Certificate of Insurance requirements can be found in the Payment Instructions below.

It is each buyers responsibility to provide this proof of Insurance to the On-Site
Supervisor.

12b.All items are taxed at 7%. If you are Tax Exempt, YOU MUST provide a NEW Tax Exempt Certificate prior to the auction close to Russ Hodder (Russ@Hodder.US).
13. HILCO FIXED ASSET RECOVERY RESERVES THE RIGHT TO ADD, REMOVE, ADJUST AUCTION CATALOG, SPLIT/COMBINE LOTS, ADD/EDIT RESERVES/MINIMUMS, CANCEL, SUSPEND, EXTEND OR RESCHEDULE ITEMS FOR AUCTION; IN ADDITION TO CHANGING AUCTION CLOSING, PREVIEW, OR REMOVAL DATES.
14. AUCTION IS OF FIXTURES & EQUIPMENT ONLY. MERCHANDISE, WEATHER SHOWN IN PHOTOS OR NOT, IS NOT INCLUDED.

***ALL BUYERS MUST AGREE AND ADHERE TO THE FOLLOWING ***
* Obtain certificates of insurance naming Klaussner Furniture & Hilco as additional insured at levels  required by Hilco from all parties removing equipment. Supply Certificate of Insurance for 2 million, before any Racking / Mechanical / Electrical / Equipment is dismantled.
* Will not remove equipment or anything that is considered part of the building or belonging to the landlord.
* Responsible for inside and outside store lighting, fire and burglar alarms to remain fully functional to the building during and after equipment removal. Fire & Sprinkler systems can only be put on test 8 hours at a time.
* Leave all air conditioning, gas and plumbing fixtures intact and in their present operating condition. All plumbing and gas lines need to be capped and tested for leakage.
* Leave all doors including traffic impact swing doors, automatic doors, hollow metal roll-up or overheard doors in their present operating condition.
* Leave all fire and burglar alarm systems in their present operating condition.
* Leave all compactor doors and chutes securely in place.
* Seal any holes to building with a waterproof calking. 
* Responsible for any damage to building during removal of any items.
* Repair any damages to building immediately and be approved by Hilcos Onsite Supervisor.
* Leave all electrical lines from removed equipment capped inside a covered junction box.  If Junction box is not present, a covered junction box is to be installed.  No taped wires will be left exposed.  Each floor junction box to be spray painted with red or orange paint, to identify a tripping hazard Do no spray the floor.
* Must use a licensed Electrician for any disconnects.
* Cut all floor bolts flush at floor level.
* Repair any damage (ordinary wear and tear excepted) caused by Buyer to the Location from the removal of the FF&E, which repair obligation includes filling holes in wallboard upon removal of fasteners; provided, however, that, for the avoidance of doubt, the foregoing repair obligation does not include the obligation to repair any pre-existing damage that is discovered during the Term as a result of the FF&E resale / disposition / removal process contemplated by this SOW or damage caused by the Company or non-Hilco Parties.
* Remove all interior and exterior debris caused by the removal of equipment.
* Provide all labor, materials and equipment to dismantle equipment.
* Provide necessary dumpsters at their cost.
* Dispose any Hazmat Materials (lights, bulbs, ballasts, etc...) from purchased equipment at Buyer's expense.
* Brace to the closest wall / ceiling any fire strobes attached to purchased equipment.
* Keep all working areas in broom swept condition.
***BUYER MAY BE ASKED TO SIGN A SOW THAT ATTESTS TO THEIR ACCEPTANCE OF THESE TERMS ***

**QUESTIONS, CONTACT: Russ Hodder
Rhodder8259@gmail.com
(616) 514-7808

**

All items are customer pick up, by appointment ONLY!

Contact:

Russ Hodder
616-514-7808

Location:
405 Lewallen Rd
Asheboro, NC 27205

***All items MUST be Removed from the Property by 2/24/2024 NO EXCEPTIONS ***

Preview Dates and Times are by Appointment ONLY

Contact:
Russ Hodder
Rhodder8258@gmail.com

Payment and Terms

Each winning bidder will be invoiced through Bid Spotter with their winning bids listed out.
** PAYMENT IS DUE AT THE TIME OF PICK UP OR BEFORE **

PAYMENT IS TO BE MADE AT THE TIME OF PICK-UP OR BEFORE!  

*** ALL SALES ARE FINAL ***

All Items are Sold As Is, Where Is.

*** All Purchases MUST be Removed from Property by 2/24/2024 - NO EXCEPTIONS ***

The total payment accepted by credit card is $5,000. For payment over $5,000, you will need to wire your payment into Hilco Fixture Finders, LLC.

If your total amount owed is over $5,000, you will need to remit payment in the full amount of your invoice via wire transfer or ACH.

Wire instructions are as follows:

Hilco Fixture Finders, LLC
Bank of America
135 L. LaSalle Street
Chicago, IL 60603
Account: 8670108408
Wire ABA: 026009593
ACH ABA: 071000039
Reference Klaussner

ACH instructions are as follows:

Hilco Fixture Finders, LLC

Bank -      Bank of America
                135 South LaSalle Street
                Chicago, IL  60603
                (312) 904-2000

ABA #       071 000 039

Account # 8670108408

Acct Name: Hilco Fixture Finders, LLC

Reference:  Klaussner

All items are taxed at 7%. If you are Tax Exempt, you will need to provide a NEW Tax Exempt Certificate PRIOR to the auction close to Russ Hodder (Russ@Hodder.US).

If you have any questions, contact:
Russ Hodder
616-514-7808
Russ@Hodder.US

Any items that require you to dismantle or disconnect from the premises, will require you to have a Certificate of Insurance (COI).

*** INSURANCE REQUIREMENTS ***
Contractor Insurance-for protection with any project: Before any contractor starts removal of any item requiring a ladder for removal or items that require electrical or plumbing disconnects from the store location all insurance forms must be completed. They must provide at least $2.0 mil per occurrence of coverage. The language of per occurrence must be included. You will not need a separate certificate per location as long as the certificate is still valid during the course of removal of the fixtures.

* Commercial general liability insurance including products liability coverage covering Provider's liability for any personal and bodily injury and property damage caused by Provider with limits of at least $2,000,000 combined single limit per occurrence;

* Automobile bodily injury and property damage liability insurance covering owned, non-owned and hired automobiles, the limits of which will not be less than $1,000,000 combined single limit per occurrence;

* Employer's liability insurance, the limits of which will not be less than $1,000,000 per accident, $1,000,000 per employee disease, and $1,000,000 policy limit for disease;

* Workers compensation insurance as prescribed by applicable law;

* Professional liability insurance, the limits of which will be not less than $1,000,000 each claim; and (F) umbrella/excess coverage in the amount of $5,000,000 each occurrence.

Partners to be listed as additional insured in the box on the bottom left hand corner of the form:(Separate Copy of Certificate for Each Listed Below)

1. Hilco Merchant Resources, LLC, Hilco Fixture Finders, LLC and its Affiliates
5 Revere Drive, Suite 206
Northbrook, IL 60062

2. Klaussner Furniture
405 Lewallen Rd.
Asheboro, NC 27205

When obtaining COIs, please make sure that the following is listed in the Description of Operations box:(For all certificates)
Hilco Merchant Resources, LLC, Hilco Fixture Finders, LLC, and its affiliates and majority owned subsidiaries are additional insureds with respect to commercial general liability, automobile, and employers liability insurance. THIS SHOULD BE INCLUDED ON ALL COI DOCUMENTS.

In the Certificate Holder box, it should read as:
Hilco Merchant Resources, LLC, Hilco Fixture Finders, LLC, and its Affiliates
5 Revere Drive, Suite 206
Northbrook, IL 60062

(2) Certificates will be required for the removal of equipment.

*** DISCLAIMER ***
ALL GOODS LISTED IN THIS INVOICE (THE GOODS) ARE SOLD AS IS, WHERE IS WITH ALL FAULTS; EXCEPT WARRANTY AS TO TITLE TO THE GOODS AS SET FORTH IN (I) BELOW, ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY DISCLAIMED; ALL SALES ARE FINAL WITH NO RETURNS OR REFUNDS. The Goods are being sold subject to, and you (you or the Buyer) hereby agree to, the following terms and conditions: (I) Hilco Merchant Resources, LLC, Hilco Fixture Finders, LLC, Merchant FXT Solutions, LLC, Hilco Fixed Asset Recovery, LLC, and/or their affiliates (Hilco) hereby warrants that Hilco owns the Goods or is authorized by the owner of the Goods to transfer ownership of the Goods to you in Hilco's capacity as seller appointed sales agent; (II) effective upon receipt by Hilco of payment in full of all amounts due for the Goods, title to and ownership of the Goods is transferred from Hilco, in its capacity as owner of the Goods or in its capacity as seller appointed sales agent, as applicable, to you free and clear of all liens; (III) you shall remove all Goods from the location set forth herein (the Location) by the removal date set forth herein (the Removal Date) at your sole cost and expense, and you hereby agree to indemnify Hilco, the owner of the Location, and, if applicable, the owner of the Goods (if Hilco is not the owner because Hilco is serving in an agency capacity), and their respective affiliates, employees, agents, independent contractors, subcontractors, and representatives (collectively, Representatives) from and against any and all claims, causes of action, damages, losses, liabilities, costs or expenses (including reasonable attorney's fees, costs, and expenses) arising from, related to, or resulting from the removal of the Goods or caused by you or your Representatives to the Location or any person or property at the Location; (IV) all Goods not removed by the Removal Date, or a Removal Date set by the representatives of Hilco, shall be deemed forfeited by you and ownership of such Goods not removed shall be deemed transferred to Hilco (or the owner if Hilco is serving in an agency capacity) free and clear of all liens and encumbrances; (V) you or your Representatives shall perform and complete all removal work in a safe and workmanlike manner and in accordance with applicable law (including that all electrical, plumbing and gas disconnects shall be performed by licensed contractors if required by applicable law); (VI) if this invoice includes shipping or delivery (w) all costs and expenses associated with shipping or delivery are NON-REFUNDABLE; (VII) the Goods listed in this invoice expressly EXCLUDE all components of the locations HVAC systems, all copper pipes, and all wiring; (VIII) if requested by Hilco, Buyer will provide a certificate of insurance evidencing (x) commercial general liability coverage with limits of $1 million per occurrence and $2 million in the aggregate and naming Hilco Merchant Resources, LLC, Hilco Fixture Finders, LLC, Merchant FXT Solutions, LLC, Hilco Fixed Asset Recovery, LLC, Hilco Merchant Australia Pty Ltd., and their respective affiliates as additional insureds and (y) workers' compensation insurance; and (IX) Hilco reserves the right, in its sole and absolute discretion, to accept returns, exchanges or issue refunds, in which case a restocking fee shall be deducted.
AS A CONDITION TO THE SALE OF THE GOODS BY HILCO, BUYER HEREBY AGREES THAT BUYER HAS READ, UNDERSTANDS, AND AGREES TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS INVOICE AND ALL ATTACHMENTS (IF ANY).

**QUESTIONS, CONTACT: RUSS HODDER
RUSS@HODDER.US
616-514-7808
**