TERMS OF SALE ? Secured Party Sale of Comfort Air Systems
Notice: All persons, bidders, interested parties, registered bidders or persons intending to register, view, inspect, bid or purchase any personal property, inventory, equipment, lot or item (collectively the ?Equipment?) at this auction sale agree that they have read and have full knowledge and understanding of these terms and agree to be bound by these terms. The Equipment is being sold free and clear of any security interests, liens, and claims. All security interests, liens, and claims shall attach to the proceeds of the sale in the same order of priority which existed prior to such sale.
All persons attend this sale at their own risk. Within these Terms of Sale, ?Auctioneer? means ?Salvadore Auctions & Appraisals, Inc.? including its officers, directors, employees, agents and assigns?. ?The Seller? means the Secured Party, including its officers, directors, attorneys, employees, agents and assigns. Equipment means any item(s) offered for bid or for sale. ?Purchaser? means bidder, registered person, company or business.

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

2) DEPOSIT: Each purchaser or bidder registering via BidSpotter.com will be required to make a refundable deposit by credit card of $100.00 in order to obtain bidder approval.

3) TIME OF PAYMENT AND SETTLEMENT, BUYERS PREMIUM, TITLES: All bills and/or invoices due must be paid and received in full in US Dollars by Auctioneer by the close of business (5:00 p.m. EDT) on September 18, 2012. Title shall pass after full payment has been received by the Auctioneer or its agent via the usual and customary form of bill of sale for a Secured Party Sale by Public Auction. METHOD OF PAYMENT: cash, certified check, bank check, wire transfer or Visa/Mastercard/Discover credit card. ALL SALES FINAL REGARDLESS OF MANNER OR METHOD OF PAYMENT.
BUYERS PREMIUM: A Thirteen (13%) percent Buyers Premium will be charged and shall apply to all lots sold. A 3% discount shall be allowed for payments in cash or approved check. Successful internet buyers shall be charged an additional Three (3%) percent fee for use of the internet bidding platform. Auctioneer has not taken possession of Equipment being offered at auction and is acting as an agent of the Receiver only.

4) CONDITION/REPRESENTATON OF EQUIPMENT SOLD: The Auctioneer and the Secured Party shall not be responsible for the accuracy or correctness of the description of the Equipment. The Auctioneer and the Secured Party shall not be responsible for the authenticity of nor defect in any Equipment and make no warranty or representation of any kind whatsoever either expressed or implied in connection with any Equipment being sold or presented for sale. No deductions, allowances, returns, credits, or reimbursements will be allowed for any equipment damaged. All Equipment is sold strictly ?AS IS, WHERE IS? and without recourse. No Equipment sold or presented for sale is warranted as merchantable or fit for any specific or particular purpose or use. No equipment or lot being sold is warranted to conform to any promulgation, requirement or law. No Claims may be made by any purchaser that relate to the fitness, use or condition of any Equipment purchased or for any damages whether consequential or otherwise which arise therefrom.

5) METHOD OF PAYMENT: All checks, deposits, balances due shall be made payable to the order of Salvadore Auctions & Appraisals, Inc. All bills and invoices must be paid to an authorized representative of The Auctioneer unless other arrangements, terms or procedures are announced. The full purchase price, including Buyer?s Premium, appropriate Sales and/or Use Taxes on all lots sold must be paid by the close of business (5:00 p.m. EDT) on September 18, 2012. All payments must be made via cash, bank check, certified check and/or wire transfer.

6) REMOVAL: All purchases must be removed by 5 P.M. September 21, 2012 unless alternative time frame has been agreed to in writing by the Secured Party and the bidder. All small items of Equipment should be removed immediately following the conclusion of the sale. No Equipment shall be removed during the sale. Unless agreed to in writing by the Secured Party and the Purchaser, Seller shall not assist in the movement, loading, removal or relocation of any equipment. Removal shall be at the sole expense, risk, liability and responsibility of the purchaser. Auctioneer shall not be responsible under any circumstances for any Equipment not removed within the time allowed. Auctioneer shall not be responsible for loss resulting from storage on or at auction site after conclusion of sale. Failure to remove any Equipment purchased by September 21, 2012 shall be deemed to be abandonment of such Equipment and Secured Party or Auctioneer shall be entitled to dispose of such Equipment for its own account and in any manner it chooses, unless otherwise agreed to in a writing signed by the Secured Party and the Purchaser. All Equipment left on the premises after the close of the auction are left at the sole risk of loss by the purchaser. Any rigger, mover, crane operator, person or entity engaging in the removal, dismantling or transportation of any lot from this site for hire shall present a valid insurance certificate demonstrating coverage of US $2,000.000.00 to the Seller prior to commencement of any work on the premises. Auctioneer will have supervision of the Equipment during normal business hours only and will cease to have supervision of the Equipment after September 21, 2012.

7) INDEMNIFICATION: The by designating "Accept" the Bidder agrees to hold the Auctioneer , Salvadore Auctions & Appraisals, Inc., and the Secured Party, along with their respective agents, officers, directors, shareholders, partners, members or affiliates harmless from and against all liabilities, claims, damages, or actions relating to or arising from the condition or use of the Equipment or Lots purchased, or from the failure of the purchaser or user to conform to or follow instructions, warnings, operating or other recommendations of the manufacturer, or failure to comply with state, federal law or federal agency regulations including the CPSC, or local law(s) applicable to such articles, lots or items, or from any damages whether consequential or otherwise, and any and all costs or legal expenses arising from any liability, claim or action.

8) SALE BY ESTIMATED WEIGHT, COUNT OR MEASURE: Quantities presented in the auction catalog are estimations only and not warranted as fact. While a physical inventory has been completed prior to auction, no warranty or guaranty of count or quantity is made. No deductions or allowances will be made by the Auctioneer or the Receiver in regard to the inventory count of any item.
9) RESPONSIBILITY OF NON- DELIVERY: Auctioneer shall not be responsible to any party for non-delivery.

10) RISK ASSUMED BY PERSONS, BIDDERS AND PURCHASERS: All persons whether purchasers, attendees, or interested parties attending the sale or the inspection assume all risks of damage or loss to person and property and release the Auctioneer, Salvadore Auctions & Appraisals, Inc. and the Secured party from any and all liability. The Auctioneer and the Seller shall not be liable for any defect in or condition of the premises upon which the auction, inspection or move out is held. All persons attending this sale do so at their own risk and hereby release the Auctioneer and the Secured Party from any and all claims arising from attendance at this auction and hereby hold harmless the Auctioneer Salvadore Auctions & Appraisals, Inc. and the Secured Party from all damages, costs, expenses and claims arising from any action or cause of action arising from this sale.

11) ADDITION TO/WITHDRAWAL FROM SALE, METHOD OF SALE: Auctioneer reserves the right to add or withdraw items, articles or lots from the sale whether listed or not, and reserves the right to group, split, combine or divide lots in to larger or smaller lots wherever the best interest of the seller is served. Auctioneer shall reserve the right to offer the merchandise for bid in its entirety and then in sub lots. The highest and best bid for the merchandise shall be accepted by the Secured Party reserves the right to accept or reject, for any reason, any and all bids.

12) DISPUTE BETWEEN BIDDERS: Auctioneer reserves the right to put up for resale or decide winner should a dispute among bidders arise. The Auctioneer?s decision shall be deemed absolute and final.

13) ITEMS WITH RESERVE OR SOLD SUBJECT TO OWNER CONFIRMATION: On Equipment for which there is a reserve, the Auctioneer reserves the right to bid on the behalf of the Seller. Auctioneer shall have the right to reject any and all bids without explanation. Equipment sold subject to confirmation by the Secured Party, if any, shall be deemed sold upon confirmation by Secured Party and not by the cry of sold or any other gesture by the Auctioneer.

14) RECORDS/AGENCY: The record kept by the Auctioneer or clerk shall be final in the event of dispute. The Auctioneer is acting as agent only and is in no way responsible for the actions or acts of its principal.

15) DEFAULT OF PAYMENT: Should purchaser default on payment for any reason or fail to pay bills in full by the close of business (5:00 p.m. EDT) on September 18, 2012 and/or by failure to remove the Equipment by September 21, 2012, Auctioneer and Secured Party shall be entitled to, and in addition other remedies or law, retain all monies received as deposit, partial payment or otherwise as liquidated damages. Any Equipment not removed within the fixed time allowed may be resold at a future sale whether public or private sale without further notice. All expenses, balances due, charges of resale, including reasonable attorneys? fees and expenses incurred by the Receiver will be charges to and be the responsibility of the undersigned.

16) ADDITIONAL TERMS AND CONDITIONS: Auctioneer may add additional terms and conditions to the sale. Such terms shall take precedence.

By registering to bid at Bidspotter.com I acknowledge that I have read the above terms and conditions and agree to be bound by these terms and conditions.