Important Information
Terms and Conditions
Keystone Foods ? Gadsden, AL
Wednesday February 08, 2012 (9:00am)
FULL PAYMENT IN US DOLLARS AT TERMINATION OF SALE,
1. Wednesday February 08, 2012 State Tax where applicable will be added to all invoices of buyers attending the auction. A 15% buyers fee applies to all online sales. Only CASH, CHECK, or WIRE TRANSFER payable to KOHLER INDUSTRIES, INC. will be accepted. A LETTER OF ACCEPTANCE must accompany PERSONAL or COMPANY CHECKS from the buyer's bank. All funds are payable in US Dollars. Full payment is due on the day of the 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. The Buyer of machinery, equipment, or other property (collectively, the ?Assets?), hereby acknowledge 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. 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 inspection of equipment, day of sale, or by the removal of items purchased.
Indemnification. To the fullest extent permitted by the law, Buyer hereby agrees to indemnify, defend and hold Keystone Foods, LLC, its parent, subsidiaries and affiliates, and any of their respective officers, employees, and agents, and each of them, harmless from all claims, losses, expenses, fees (including attorney fees), costs, and judgments, arising out of or resulting in any way from any defect in the goods or services supplied by Keystone, or from any act or omission of Agent, Agent?s employees and Agent?s agents, including without limitation any infringement of third party rights, regardless of whether or not such claim, damage, loss or expense is caused in any part by a party indemnified hereunder.
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 March 7, 2012. 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. Proxy Bids: Proxy Bids may be submitted to the auctioneer prior to the sale if accompanied by a cashier?s check for 25% of the bid. All proxy bids will be held in confidence.
13. 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 (one million dollars) naming Kohler Industries, Inc. & Keystone Foods 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. Only the Dismantlers may use available, bridge cranes and hoists crane with 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 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.