Terms & Conditions
Buddy’s Natural Chicken Gonzales, TX
June 5, 2013 9:00 a.m. CST
Through
June 19, 2013 3:00 p.m. CST

FULL PAYMENT IN US DOLLARS AT TERMINATION OF SALE,
ALL BILLS MUST BE COMPLETED ON EACH DAY OF SALE

1. Wednesday, June 5, 2013 through Wednesday, June 19, 2013
State Tax where applicable will be added to all invoices of
buyers participating in the auction. A 15% Buyers Premium
Applies to all Sales. Only CHECK, or WIRE TRANSFER payable
to KOHLER INDUSTRIES, INC. will be accepted. A LETTER OF
GUARANTEE must accompany PERSONAL or COMPANY CHECKS from the
buyer`s bank. All funds are payable in US Dollars. Full
payment due on day of sale.
2. While descriptions are believed to be correct, the
auctioneers or the owners make no warranties or guarantees
expressed or implied, as to the genuineness, authenticity
of, or defect in any lot and will not be held responsible
for advertising discrepancies or inaccuracies. Everything
sold “AS IS” and “WHERE IS” except as expressly made in
writing. No warranties are made as to the merchantability of
any items or their fitness for any purpose.
3. It is the buyer’s responsibility to secure all safety
equipment to meet all applicable government safety standards
in using or removing items purchased.
4. Sales Tax will be added to the purchase of all taxable
items. Dealers who purchase for resale must file their
resale permit numbers.
5. Purchaser does hereby indemnify and hold harmless
auctioneer and seller from any and all damages, claims or
liabilities from injuries to persons or property of any type
whatsoever caused during the sale or by the removal of items
purchased.
6. In the event the purchaser fails to pay the whole of the
purchase within the time set forth by the auctioneers and/or
fails to comply with any of the conditions or terms of sale,
the seller may retain and/or recover the deposit specified
as liquidated damages and, in addition thereto, items that
are not paid for can be resold at public or private sale
without further notice. The defaulting purchaser together
with all charges, fees, and expenses incurred by such resale
and enforcement of the obligation hereunder shall pay any
deficiency resulting from such resale to the auctioneers.
7. Auctioneers shall have no liability to the purchaser due
to non-delivery of any item for any reason. Liability shall
be limited to return to the purchaser the monies deposited
for non-delivered items.
8. ITEMS MUST BE REMOVED COMPLETE FROM THE PREMISES by
Wednesday July 3, 2013. No item can, on any account, be
removed before termination of the sale. Removal shall be at
the expense, risk and liability of the purchaser.
Auctioneers shall not be responsible for items not removed
within the time allowed. If equipment is NOT REMOVED within
specified removal time, purchaser shall be liable for any
moving and storage costs incurred and, if not so removed,
the ITEMS SHALL BE DEEMED ABANDONED! THIS RULE DOES NOT HAVE
ANY EXCEPTIONS!
9. All buyers agree to be bound by the Terms of Equipment
Disconnect and Removal following.
10. If any dispute arises between two or more bidders, the
auctioneers may or may not put the lot up again at once, and
resell to the highest bidder.
11. The auctioneer reserves the right to group one or more
lots into one or more selling lots, or to add to or delete
lots at his sole discretion. The auctioneer reserves the
right to reject any bid which is only a fractional advance
over the proceeding bid. The auctioneer or the owner may bid
for one or more lots, either in their own names or through a
representative or an agent to protect their interest.

12. The auctioneer, when acting as agent only, is not
responsible for acts of its principals.
AT REGISTRATION—PROSPECTIVE BUYERS WHO DO NOT HAVE CASHIER’S
CHECKS OR LETTERS OF GUARANTEE FROM THEIR BANKS MUST BE
PREPARED WITH A REFUNDABLE CASH DEPOSIT

Terms of Equipment Disconnect and Removal

Following are the terms for equipment disconnect and
removal. All buyers and rigging contractors (herein referred
to as Dismantlers) and their helpers, who participate in the
disconnect and/or removal of the plant equipment are
required to review, acknowledge, accept and abide by the
following terms before commencement of any removal
activities.
1. It is the responsibility of all Dismantlers to present
authorized auction personnel with an original liability and
workman’s compensation insurance certificate in the amount
of at least $2,000,000.00 (two million dollars) naming
Kohler Industries, Inc. prior to commencing any removal of
equipment that requires electrical disconnect, acetylene
burning, or lift truck assistance.
2. Should any pits, floor bolts, or hazard of any type exist
after removal of equipment, it is the responsibility of the
Dismantlers to guard these areas using generally accepted
safety practices such as safety tapes, pipes or bars welded
in place, or suitable safety barriers, acceptable to
auctioneers. All floor bolts and/or anchoring fasteners
remaining after equipment is removed are to be cut flush to
the floor and sanded smooth by the by the Dismantlers and
the area left broom clean. All electric wiring and utility
piping must be safely disconnected from the first connection
joint and all supports, brackets, braces and all conduits
between the floor and bar joints must be removed by the
Dismantlers.
3. Machines are to be staged for loading in the area
assigned by auctioneers.
4. Any hydraulic fluid or oil leak is the responsibility of
the Dismantlers to clean up. Miscellaneous conduit, wires
and threaded studs in cement must also be removed.
5. It is the responsibility of the Dismantlers to disconnect
all electrical power to the machines. Further, it is the
Dismantlers responsibility to make absolutely sure that the
power is off to the machines before disconnecting. If you
are not sure if the power is properly disconnected, contact
the appointed plant electrical engineer or auction office.
Do not consult with auction checkout personnel.
6. No trucks are to be left running in an enclosed building.
Auctioneers are not liable for equipment and tools left on
premises.
7. If only the Dismantlers with may use available, bridge
cranes and hoists crane insurance on their certificate and
only with the written permission of crane owner.
8. Any surface or structural damage created by the
Dismantlers to the walls, ceilings, floors, overhead doors,
gates, etc. will be the Dismantlers responsibility. Auction
personnel are instructed to report damage to the Home Office
and plant personnel immediately. Dismantlers will not be
permitted to leave with equipment until repairs are made.
9. Theft will not be tolerated, and we reserve the right to
inspect all trucks and tool boxes of Dismantlers. Instances
of theft will result in immediate termination of removal
privileges and prosecution to the full extent of the law.
10. Dismantlers must be present the original white copy of
the customer’s paid invoice to authorized auction personnel
prior to removal of any equipment.
11. Dismantlers must take full responsibility for and
exercise all reasonable care to insure that there is no
release to the environment of any hazardous wastes or
substances as are defined in applicable Federal, State and
Local Statutes, Regulations, Rules or Ordinances.
The undersigned Dismantler of machinery, equipment,
buildings or other property (collectively, the “Assets”),
hereby acknowledges that the Assets are sold “AS-IS”,
“WHERE-IS”, WITH ALL FAULTS, without representation or
warranty, either express or implied, of any kind; that the
Assets may contain asbestos or other hazardous materials and
that the removal of the Assets may release asbestos or other
hazardous materials. To the best of our ability, we have
identified and tagged those assets containing asbestos, but
make no representation or warranty that those are the only
Assets containing asbestos. The undersigned buyer hereby
indemnifies and holds harmless Kohler Industries, Inc.
against any loss, costs, damages or expenses arising from
any asbestos or other hazardous materials contained in the
Assets or released by the removal of the Assets.
12. All purchases must be removed by date announced by
auctioneer at sale or as indicated in the catalog. Buyers
will be responsible for storage and removal fees for
purchases left on premises after removal dates.