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Irvine, California
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2
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DRI - Commercial Roofing Contractors

Sale Date(s)
Venue Address
17182 Armstrong Ave.
Irvine
California
United States

For Tiger Remarketing Services delivery information please telephone 805-497-4999.

Important Information

SALE IN COOPERATION WITH TAUBER-ARONS

Terms and Conditions

All items offered for sale at the Auction ("Items", "Property", "Product",
"Purchases") are
offered by Tiger Remarketing Services ("Auctioneer"), as Seller`s agent,
subject
to the
following Terms and Conditions of Sale, which, combined with each
Auction’s
Terms of
Sale, specific to the Auction (the “Auction Terms”), as posted in materials
and on
the web
or as announced by Auctioneer at the time of sale, make up the Complete
Terms
and
Conditions of Sale.

1. Registration, Deposit and Payments.

All persons (referred to as a “Buyer”) must register to become eligible to bid
and
provide
complete and accurate information as required by Auctioneer.


On-site Buyers: will be required to pay and or show proof of an initial
deposit (as
posted
specific to the sale) to receive a Bidder’s Number. This deposit will be
refunded
upon
request and provision to Auctioneer of Buyer`s deposit receipt, provided no
purchases are
made. Deposit refunds must be claimed within 30 days of the date of the
auction.


Online Buyers: At the time of registration, all online Buyers’ are required to
provide a
Deposit. Buyer may either (i) Provide Auctioneer with a Credit Card at
which time
Auctioneer shall authorize the provided credit card for a minimum amount
as
provided in
the Auction Terms, or (ii) Provide Auctioneer with funds in an agreed upon
amount by
wire transfer no less than 24 hours prior to the Auction.


Prior to the Auction, Buyer is responsible to contact and make deposit
arrangements with
the Auctioneer if planning on bidding over $10,000.


Upon Buyers’ successful award of bid, Buyer shall be immediately
responsible for
25% of
their total purchases as a non-refundable deposit (the “Deposit”), in one of
the
accepted
forms of payment as designated below or in the Auction Terms. Buyers
who
have
provided a credit card for the initial deposit hereby authorize Auctioneer to
charge their
credit card for the 25% deposit. Auctioneer’s election not to collect the
25%,
pending full
payment, does not waive Buyer’s obligation to such amount in the event of
default, nor
does it waive Auctioneer’s right to process Buyer’s credit card for the 25%
at a
later date.


All Deposits and Payments must be made in the form of cash, cashier’s
check,
cash
equivalent, wire transfer, business checks accompanied by a bank letter of
guarantee or
other certified funds made payable to Tiger Remarketing Services. Visa
and
MasterCard
credit cards will be accepted for online sales and may be accepted at live
sales as
specified in the Auction Terms. Buyers paying by credit card hereby waive
their
rights to
chargeback. Credit Card authorizations will place a 3-7 day hold on funds
with
Buyer’s
credit card company.


Signed business checks will be accepted only if accompanied by a bank
letter,
drawn on a
bank which is acceptable to the Auctioneer, which states that the bank will
guarantee
payment up to a specified amount (this letter must contain the words
“guarantee
payment”). Signed checks delivered to the Auctioneer by Buyer, omitting
the
dollar
amounts will be completed and deposited by Auctioneer at the conclusion
of the
auction
sale.


Unless otherwise posted, full payment is required by 12:00 noon on the day
following the
Auction.


Unless alternative arrangements have been acknowledged and accepted
by
Auctioneer
prior to the conclusion of the Auction, Online Buyers hereby authorize
Auctioneer to
process the payment for the balance of their purchases using the credit
card
provided.


All Deposits and Payments must be made in U.S. Dollars. IRS regulations
require
us to
report all cash payments, as defined by the IRS, exceeding $10,000 from
any one
purchaser for one transaction or two or more related transactions.


2. Buyer’s Premium. A Buyer’s premium will be added to the price of each
item
purchased. See each sale’s auction listing on the tigergroupllc.com
website for
the
specific buyers’ premium rate to be charged.


3. Taxes. When required by law, Auctioneer shall collect and Buyer shall
pay all
sales/use taxes or other applicable taxes, which will be added to the
purchase
price,
including the buyers’ premium, on all purchased items. PRIOR TO THE
CLOSE OF
THE
AUCTION, Buyers who purchase for resale must fax or email to Auctioneer
documentation to prove their exemption status, including, but not limited to,
their resale
permit and a completed and signed resale certificate, without which all
applicable taxes
will be charged by Auctioneer. Buyers purchasing from out-of-state are
required
to
provide a Bill of Lading proving that the purchases are being transported
directly
out-of-
state by a common carrier. Sales/use taxes will be refunded in full to
Buyers who
prove
their qualified exemptions as described above at the time documentation
deemed
acceptable by Auctioneer is received by Auctioneer, provided such
information is
submitted within 7 days of the auction closing. Tiger reserves the right to
reject
any
claim for sales tax exemption that it believes to be insufficient to satisfy the
scrutiny of
the applicable taxing authority. Buyer’s obligation to make payment, in full,
for
all items
purchased, is not contingent upon or subject to any determination by Tiger
regarding
Buyer’s sales/use tax exemption status or the timely notice in which
Buyer’s
sales/use
tax exemption status is provided to the Buyer. Additional information and
forms
regarding sales/use tax are available at www.tigergroupllc.com/salestax.


4. Bidding. Auctioneer reserves the right to add to, group, withdraw, re-
catalog
items
in this auction, or to sell in any order Auctioneer deems suitable, as well as
adjust
minimum bids and/or reserve prices and extend or shorten closing times.
In the
event
there is a dispute between two or more claims of entitlement as the
successful
bidder,
Auctioneer reserves the right to re-auction the item in dispute. Auctioneer
reserves the
right to hold all bulk bids in abeyance and at the conclusion of the auction
or
after the
offering of a specific item, to accept either the bulk bid or the aggregate of
the
individual
bids received during the auction, which ever is higher. Auctioneer reserves
the
right to
reject any bid which is only a fractional advance over the preceding bid or
which
is not
commensurate with the value of the lot. Some of the items offered may be
subject to a
reserve price (minimum allowable selling price).


Buyers participating online are responsible to confirm submittal of online
bids
for
accuracy. When offered, Internet bidding is provided via a 3rd Party
Bidding
System.
Under no circumstances shall Buyer hold Auctioneer liable for system
failures
resulting in
Buyer’s bid not being properly submitted. All bidding and subsequent
transactions shall
be in U.S. dollars.


5. Representations. Auctioneer makes every effort to provide accurate
information
about the items being sold; however in no other way is accuracy of same
guaranteed by
Auctioneer. Neither Auctioneer, nor Seller, nor its Client will assume
responsibility for
Buyer’s bidding errors. It is Buyers’ full responsibility to confirm the
accuracy of
items
offered for sale. Buyers are recommended to inspect all items. When
provided,
descriptions and photos are offered as a guide only. In certain cases, a
photo of
like
product may be used to represent several different lots. Photos may also
capture
nearby
items not listed as part of the lot. Do not rely solely on photos to make
buying
decisions;
be sure to read descriptions. Auctioneer shall not be held responsible for
such
errors as
posting the wrong photo for an item. When in doubt about the condition of
an
item,
please bid accordingly.


6. All Sales are Final. A successful bid at auction, whether live or online,
constitutes
acceptance of the Terms of Sale and is a legally binding contract of sale.
All
sales are
final. There will be no refunds, returns or exchanges.

7. Removal of Items Purchased. See Auction specific information
regarding
removal
dates, deadlines and conditions. No checkout will be permitted during the
auction sale.
Checkout will be scheduled by appointment only. All purchases must be
paid in
full
before an appointment can be scheduled or items will be released from the
premises.
Buyers without an appointment will be required to wait for the next available
checkout
clerk. Buyer is solely responsible to pickup its purchases within the
timeframes
provided.
Buyer must provide its invoice at time of pickup. All items must be
removed by
Buyer at
its’ own risk and expense and in compliance with all applicable laws,
regulations
or
ordinances. In the event Buyer requires shipment of its purchases, Buyer is
responsible to
arrange to have its purchases packed, insured and shipped, and shall
accept full
responsibility for any damages, losses, acts or omissions once Buyer`s
representative
removes purchases from the sale site. In the event Auctioneer assists
Buyer with
this
process, it does so as a courtesy, and shall assume no responsibility for
damages, losses,
acts or omissions of any packer or carrier, whether or not such packer or
carrier
is
recommended by Auctioneer. Quantities should be checked by Buyer or
their
Agent
before removal of items. No allowances will be made for claims or
shortages
once items
are removed from the auction premises. Any packaging materials provided
by
Auctioneer, or assistance in packaging items by Auctioneer are provided as
a free
service
and courtesy to Buyers. Auctioneer is under no obligation to provide such
materials or
services, and in no event will be liable for damage to Buyer`s purchases
regardless of
cause.


Auctioneer requires Certificates of Insurance from any purchaser or their
agents
that will
be removing items which require rigging, moving, dismantling, cutting,
grinding,
cutting
or disconnecting electrical or plumbing utilities, use of any type of vehicle or
material
handling equipment, or based on special circumstances as determined
exclusively by
Auctioneer. All Certificates of Insurance, must be properly completed, list
all
loss
payees, as required by Auctioneer and must evidence general liability
insurance
at a
minimum of $1 million per occurrence, auto liability at a minimum of $1
million
per
occurrence and workers compensation insurance at statutory limits.


8. Failure to Remove Purchases. In the event items are not removed in
the
timeframes
allotted, the items purchased shall be deemed abandoned and Buyer will
lose any
right,
title or interest Buyer may have acquired and the items shall revert and
repossess
to
Auctioneer without further notice to Buyer. Auctioneer shall also be entitled
to
any costs
associated with the removal, storage and reselling of Buyer`s items, and
any
other
charges, fees, and expenses incurred as a result of Buyer`s failure,
including all
attorney
fees and costs incurred by Auctioneer to enforce Buyer’s obligations
hereunder.


9. Failure to Pay. In the event Buyer fails to pay the entire purchase price
by the
payment
deadline, Auctioneer may retain and/or recover, upon demand, from Buyer
the
required
Deposit per Paragraph 1 as liquidated damages for such failure. In
addition
thereto,
Auctioneer may, at its discretion, either resell Buyer`s items at a public or
private
sale
without further notice to Buyer and/or dispose of the item at Buyer sole
expense.
Any
difference between the bid price for an item by the defaulting Buyer and the
price
received by Auctioneer at a resale shall be paid to Auctioneer by the
defaulting
Buyer. In
addition, a defaulting Buyer shall be deemed to have granted Auctioneer a
security
interest in the item, which Auctioneer shall retain as collateral security for
Buyer’s
obligation to Auctioneer.


10. Non-Delivery. Until such time as purchased items are removed from
the
premises
by the Buyer, Auctioneer shall have the right to cancel or void the sale of
any
such items
purchased by Buyer. Auctioneer shall have no liability to Buyer due to the
non-
delivery
of any purchased item other than the return of Buyer’s deposit for a
canceled or
voided
sale item. No claim of any kind for purchased items, whether or not based
on
negligence, shall be greater in amount than the purchase price paid by
Buyer.


11. Absence of Warranties. The condition of the items being offered
varies. The
Buyer
understands and agrees: (1) that any description or sample of the items
given or
furnished by Auctioneer is solely for identification, and does not create any
warranty
expressed or implied, that the item actually conforms to such description or
sample, (2)
that Buyer or agent on Buyer’s behalf has inspected or has had the
opportunity
to
inspect, all of the items upon which Buyer will be bidding and/or does
purchase,
(3) that
all items are purchased and accepted by Buyer “AS IS”, “WHERE IS” and
“WITH ALL
FAULTS”. AUCTIONEER MAKES NO REPRESENTATIONS,
WARRANTIES OR
GUARANTEES
WHATSOEVER WHETHER WRITTEN, ORAL OR IMPLIED AS TO
QUALITY, QUANTITY,
CONDITION, USABILITY, SALABILITY, WEIGHT, MEASUREMENT,
YEAR, MODEL,
MECHANICAL CONDITION, PERFORMANCE, OR OTHER
SPECIFICATIONS,
INCLUDING ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE OR
WARRANTY AGAINST PATENT, TRADEMARK, COPYRIGHT OR TRADE
SECRET
INFRINGEMENT, (4) in the event there are manufacturer warranties in
effect for
the item
purchased, Buyer must make all claims hereunder directly with the provider
of
the
warranty. No statement or statements of any other paragraph herein shall
be
construed
to in any way contradict the provisions of this paragraph.


12. Appropriate Rights and Clearances Not Included. All items are sold by
Auctioneer
without any corresponding grant of rights or clearance from any third
parties.
Since
some of the items may, if commercially used, infringe third party rights,
Buyer
acknowledges and agrees that it shall be solely responsible for acquiring all
appropriate
rights and clearances from all third parties. Such rights and clearances
include,
but are
not limited to, third party copyright, trademark, patent, trade secret, and
privacy
rights.


13. Buyer’s Responsibility. Upon the Auctioneer`s declaration of an item as
"Sold", title to
the offered lot shall pass to the Buyer, subject to Buyer`s full payment, who
shall
forthwith assume full risk and responsibility for the lot. Buyer is solely
responsible to
provide any personnel, equipment or material needed to pick up items
purchased and
shall assume all responsibility for the removal of any item purchased at the
sale
and any
and all risks associated with such removal including, without limitation, the
responsibility
for providing licensed, qualified and bonded professionals to ensure proper
water, gas
and/or power disconnection, and to leave the sale site in a safe condition,
undamaged by
the removal process. Auctioneer retains the right to prohibit and stop the
ongoing
removal of any item, by a Buyer, which Auctioneer, at its’ sole discretion,
determines is
not being removed in a professional and reasonable manner.


14. Hazardous Materials. Buyer agrees that in the event any purchased
items
contain
environmental hazards, toxic waste or other type of hazardous material in
any
form
whatsoever, Buyer shall provide evidence that Buyer or its representatives
are
licensed for
such removal and shall comply with all applicable local, state and/or federal
rules, laws
and regulations. Auctioneer, its agents or representatives shall not be
responsible for its
containment, storage or removal. Buyer shall indemnify, defend and hold
Auctioneer
harmless with respect to all costs, expenses, liabilities, damages or claims,
including
attorneys’ fees, asserted by any person, entity or governmental agency or
against
Auctioneer directly or indirectly relating in any manner to any hazardous or
toxic
materials which may be regulated under applicable laws, rules or
regulations and
which
relate in any way to the dismantling and removal of any purchased item.
Auctioneer shall
in no event be obligated to sell any item which contains any hazardous
materials
or to
incur any costs or expenses relating in any manner, either directly or
indirectly to
any
hazardous materials. Buyer shall be responsible for any and all
remediation
costs
relating to the dismantling and removal of any purchased item containing
hazardous
materials.


15. Acts of Others. All persons entering the Auction premises
acknowledge that
an
auction site is a potentially dangerous place, which includes the operation
of
equipment
and access to certain lots and areas that may be inherently dangerous.
Every
person,
which includes, but is not limited to the Buyer, as well as Buyer’s
representatives,
agents
and associates, who enter the auction site, before, during and after the
auction
sale shall
be deemed to be there at their own risk with notice of the condition of the
premises, the
activities on the premises and the conduct of any third parties and shall so
advise their
agents, employees and associates. No person shall have any claim
against
Auctioneer,
seller or their respective agents, employees or principals for any injuries
sustained nor
for damages to or loss to persons or property which may occur from any
cause
whatsoever. Auctioneer, its agents, its employees or representatives shall
not be
liable
by reason of any defect in or about the condition of the premises on which
the
auction is
held. Buyer specifically releases Auctioneer, its agents and
representatives from
all
liability thereof.


16. Limits of Liability. In no event shall Auctioneer’s liability to Buyer
exceed the
purchase price actually paid for an individual item or lot. A Buyer’s claim
shall
be limited
to the amount paid for the merchandise, and shall not extend to any
obligation,
risk,
liability, right, claim, remedy for loss of use, revenue or profit, liability of
Buyer
to any
third party, personal injury, or any other direct, indirect, incidental or
consequential
damages. Buyer further acknowledges that each item it purchases at the
sale
represents a
separate transaction, and that no one transaction shall be conditioned upon
another
transaction. Buyer hereby holds Auctioneer harmless from: (1) the acts or
omission of
any party who provided any items to Auctioneer for sale, (2) the acts or
omission
of the
owner or Lessor of the auction site or the site where the auctioned items
are
stored, (3)
any claims Buyer may have against Auctioneer, Auctioneer’s client(s) or
any
former owner
of the property being sold, (4) Buyer’s failure in any way to properly inspect
items and/or
fulfill its obligations per the terms and conditions of the sale, as indicated
within
this
document or as announced by Auctioneer at the time of sale. In the event
Buyer
provides
a deposit or payment using a Credit Card, Buyer acknowledges that it is
purchasing
under the As-Is, Where-Is terms of the auction and that Buyer shall waive
all
rights of
charge back based on any claims of misrepresentation, non-delivery or
non-
performance.


17. Right of Removal. Auctioneer reserves the right to remove any person
from
the
auction site and to refuse that individual’s bid, whether offered live, by
proxy or
by
Internet.


18. Indemnification. Buyer shall indemnify, hold harmless and defend
Auctioneer, Seller,
owners and building owners from and against any and all losses, damages,
liabilities and
claims, including attorney fees, costs and expenses arising out of based
upon or
resulting from: (1) failure to secure all safety equipment and to meet all
applicable
government safety standards in removing items purchased or used by
Buyer, (2)
failure
to comply with safety instructions issued to Buyer from Auctioneer, (3) any
act or
omission of Auctioneer, owners, building owners or their respective agents,
representatives or employees, relating to or affecting the items bid on or
purchased by
Buyer, (4) the claim of any third party claiming or challenging title to any
items
purchased by Buyer or claiming infringement of any proprietary interest, (5)
the
claim of
any person resulting from Auctioneer offering for sale or selling the items
purchased by
Buyer, (6) any injury to Buyer or any other person or property of any type
whatsoever
caused during the inspection, dismantling, removing or transporting of
items
purchased
by Buyer.


19. Bidder’s Number. The bidder’s number is nontransferable. All bids
made
using the
bid number will be the responsibility of Buyer.


20. Governing Law. The validity, construction and performance of these
Terms
of Sale
shall be governed by the substantive law of the State of California as
applied to
agreements among California residents entered into and to be performed
entirely within
California, without giving effect to its conflict of laws provisions. The
prevailing
party
shall be entitled to reimbursement by the losing party of all statutory and
non-
statutory
costs and expenses, including, but not limited to, all of its attorney fees.


21. Severability. If any provision of these Terms of Sale is deemed to be
illegal,
invalid,
or unenforceable, the legality, validity, and enforceability of the remaining
parts
shall not
be affected.

See Full Terms And Conditions