T E R M S O F S A L E

Pedowitz Rigging: 718-923-1862
Scott @ S&J Mignogna: 215.834.9686
BayState Riggers & Millwrights
(Paul): 508-373-6836 or
pgbaystateriggers@yahoo.com
Commercial Asset Solution Inc. (Roland) 603-941-4768 or 603-
491-2450
AAA MachineryServices: 305-836-9945
Heritage Industrial Services (Jesse): 732-620-7013 or 609-752-0143
Greatwide Truckload Mgtmt. (Jim Bone) 973-997-9207




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

1. IDENTIFICATION: All
purchasers are required to
give
full name and address.

2. DEPOSIT: Each purchaser
will be required to make a
deposit in cash or by
certified check of 25 percent
of the
bid on each lot purchased. In
default of such deposit, the
lot may be put up again
immediately and resold.

3. TIME OF PAYMENT: All
Friday, November 15, 2013.

4. REMOVAL: All purchases
must be removed not later
than Wednesday, November 20, 2013.
No lot can, on any account,
be removed during the sale.
Removal shall be at the
expense, risk and liability of
the purchaser. Purchases
will be delivered only on
presentation of paid bill.
The
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 removal of any of
the goods.

5. MANNER OF PAYMENT: All
checks for deposits and
balances
due shall be payable to the
order of KOSTER INDUSTRIES
INC.
All bills must be paid to
representatives of the
auctioneer
at the plant unless otherwise
announced. The full purchase
price on all lots to the same
buyer must be paid within the
time fixed and before removal
of any of the goods.

6. CONDITIONS OF ARTICLES
SOLD: The Auctioneer shall
not 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.

7. 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.

8. INDEMNIFICATION:
Purchaser agrees to indemnify
and hold
the Auctioneer harmless from
and against all claims and
liabilities relating to the
condition 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, or for proximate
or
consequential damages, costs
or legal expenses arising
therefrom.

9. CLAIMS: No claims will be
allowed after removal of
goods from premises.

10. RESPONSIBILITY FOR NON-
DELIVERY: The Auctioneer shall
not, in any event, be liable
for non-delivery of 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.

11. 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 re-sale, will be charged to
the defaulting purchaser.

12. 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 from
liability herefore. 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.

13. 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.

14. SALE BY ESTIMATED WEIGHT,
COUNT OR MEASURE: Where 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.

15. 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.

16. RESERVE: The auctioneer
reserves the right to reject
any and all bids. On lots
upon which there is a reserve,
the auctioneer shall have the
right to bid on behalf of the
Seller.

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

18. AGENCY: The auctioneer is
acting as agent only and is
not responsible for the acts
of its principals.

19. SALES TAX: Purchaser
shall also pay all applicable
sales or use taxes imposed by
all taxing authorities on such
transaction unless purchaser
shall present a resale
certificate, certificate of
exemption or the like,
exempting
the purchaser and auctioneer
from the payment of any such
sales and use taxes.

20. BANKRUPTCY: If at any time
prior to payment in full,
purchaser files a petition in
bankruptcy or for other
similar protection from
creditors, or an involuntary
petition in bankruptcy or
other similar proceeding is
filed
against purchaser, then, at
the option of the auctioneer,
the sale may be voided.

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

18% Buyers Premium Will Apply
on all Purchases with a 3%
Discount When Paying By Cash,
Certified Funds or Wire
Transfer.