ELECTRO FREEZE CS4-242 ICE CREAM MAKER

Terms of Sale
1. Any individual or entity registering for an Auction and/or any Buyer submitting
any bid either in person, through an agent, via email, telephone call, internet
during live simulcast or timed auction, or in any other manner whatsoever, either
directly, indirectly, in Buyer’s name or by an assigned Buyer’s bidding number
(“Buyer” or “Buyers”) at any Centurion Service Group, LLC (“Centurion” or
“Auctioneer”) auction agrees to and will thereby be bound by all of the terms and
conditions contained in these written Terms of Sale, as from time to time
amended as provided herein.
2. All Buyers agree that all items/lots will be sold at auction on the day(s)
advertised or announced by Centurion Service Group, LLC. to the highest bidder
or bidders in person or on line via a web site, for cash in accordance with
customary auction terms and conditions and more specifically subject to these
Terms of Sale (the “Auction”). To receive a bid card and participate in the
Auction, all Buyers present at the Auction site MUST: a) make a cash deposit of
$500; or b) submit a personal or company check with a bank letter guaranteeing
unqualified payment for any purchases; or c) present a valid credit card against
which the $500 deposit will be taken. Additionally Buyers must submit a valid
government issued identification matching the form of payment and Buyer
registration. For On-line Buyers the deposit shall be $2,000 paid by credit card.
In the event of a purchase by an On-Line Buyer the deposit will be applied
against the purchase price and the balance, if any, will be charged to the credit
card used for the deposit. Any on-line Buyer wanting to use a different method of
payment must contact Centurion’s offices and make the necessary arrangements
at least five (5) days prior to the Auction. Auctioneers may, at their sole
discretion, without reason or notice of any kind, request an additional deposit
from any Buyer before such Buyer may continue bidding during the auction.
3. Within three (3) days of the Auction all purchases must be paid in full by cash,
cashier's check, certified funds or credit card, if applicable, made payable to
Centurion. Bank wire transfers to the account of Centurion will be accepted by
prior arrangement only. All sales at the Auction are final. The balance of any
registration participation deposit is refundable after applying the same to any
purchases. A fee of two hundred dollars ($200.00) per day will be charged up to
six (6) days after the auction, if payment is not made within the allotted time
period.
4. All applicable sales, use, transfer or excise taxes arising from sale will be
charged to Buyers, and will be added to the purchase price in accordance with
local and/or state law.
5. No purchases may be removed until after conclusion of the Auction and full
settlement of payment.
6. Placing of a bid by Buyer is a commitment to purchase and binding on Buyer,
its principals, agents, successors and assigns upon acceptance of such bid by
Auctioneer. Successful Buyers or their agent(s) must pay for, accept delivery,
and remove the items/lots purchased. Buyers are solely responsible for any
necessary de-installing, packaging, loading, removing and/or shipping of
the items/lots purchased and must proceed diligently in such removal.
Items/lots must be paid for and removed within the time posted at the Auction or
as announced by the Auctioneer. If purchases are not removed within the
required time limit the purchased items/lots will be deemed abandoned, become
the exclusive property of Centurion and payment therefore, if made, will be
forfeited. A fee of Five Hundred Dollars ($500.00) per day up to Five (5) days will
charged to Buyers who do not pick up their items within the specified period of
time. If payment has not been made by the required time limit, items/lots will be
deemed abandoned, become the exclusive property of Centurion, the Buyer’s
deposit will be applied to the payment and Buyer will be responsible to Centurion
for the entire balance of the purchase price plus any and all direct and
consequential damages including, without limitation and all attorneys fees and
costs incurred in any collection procedure. Interest will accrue on the balance of
any unpaid purchase price annually at the lower of: Ten Percent (10%) or the
highest interest rate allowed by law. For Buyers using credit cards, the bid
deposits charged at registration will be applied to the purchase price and the
balance will be charged to the same credit card.
7. After Auction, Buyers are responsible for checking the quantities of the
items/lots purchased before check out. No adjustments in quantities will be made
after the items/lots are checked out. Once a bid is accepted, neither Auctioneers
or owners will be liable for any loss, shortage, damage or liability arising from or
as a result of any reason whatsoever, including without limitation, negligence,
any act or omission, strikes, industrial disputes, civil disruptions, war, terrorism,
natural disaster, acts of God, and/or or any other event or occurrence in or
beyond Centurion’s or owner’s control. Buyers are advised to pre-arrange
insurance coverage of their purchases on award of bid.
8. Buyers are responsible for all risk of loss, property damage, personal injury
caused by removal, and all costs of removal of items/lots purchased. A certificate
of insurance reflecting adequate insurance coverage, holding Auctioneers, owners
and landlords harmless against any damage must be furnished to the Auctioneer
at Auctioneer's sole discretion and request prior to such removal. Buyer's
obligations with regard to removal further include the obligation to repair and
restore any damage to the real property or permanent improvements where the
purchased items/lots are located. Buyers de-installing items/lots purchased MUST
be or use professional, experienced, qualified de-installers and provide to
Centurion a certificate of insurance or bond in an amount of no less than One
Million ($1,000,000) Dollars, prior to performing such work.
9. If, for any reason whatsoever, the Auctioneers fail to deliver an awarded
item/lot, the Auctioneer's sole liability shall be the return of any deposit or
monies paid on said item/lot, and Buyer shall have no further claim whatsoever
including without limitation direct, indirect, consequential, exemplary or
incidental damages.
10. Items/lots may be offered subject to a reserve price without notice to the
bidders.
11. Auctioneers may, at their sole discretion, without reason, notice or liability of
any kind, at any time prior to or after commencement of the Auction, but prior to
acceptance of final bid, alter, withdraw or vary any or all items/lots, refuse to
accept any bid or terminate bidding on any or all items/lots, or cancel the Auction
entirely. Auctioneers shall have the right at any time to offer a complete facility
or the entire balance of remaining items/lots as a single lot.
12. The advances, progression, and rules in the bidding shall be regulated at the
sole discretion of the Auctioneers. Auctioneers reserve the right not to
acknowledge or accept any bid which is merely a fractional advance over the
preceding bid. Auctioneers further reserve the right to refuse any bid for any
reason or to bid on their own behalf. In the event of a tie, the Auctioneer, at his
sole discretion may reopen the bidding to determine the highest bidder.
13. ALL ITEMS/LOTS IN THE AUCTION ARE PURCHASED “AS IS” AND
“WHERE IS” IRRESPECTIVE OF CONDITION, WEAR, DAMAGE, AND WITH
ALL FAULTS. All sales of items/lots are final and without any warranty,
guarantee or representation of any kind or nature whatsoever, either express or
implied, written or oral, as to the design, condition, merchantability, fitness for
any particular purpose, quality, capacity, workmanship, or that any items/lots will
satisfy the requirements of any law, rule or regulation. It is Buyer’s sole
responsibility to provide proper safety devices and equipment or the means to
meet all government safety standards or any other laws, including any
environmental protection or other public protection laws or regulations. Buyer
specifically relieves, releases, indemnifies and holds Centurion and owners
harmless, from and against any and all responsibility, damages, claims, fines,
penalties, judgments, actions, lawsuits, and/or liability of every kind and nature,
including without limitation payment of Centurion’s attorneys fees and costs, in
connection with or as a result of any breach of Buyer’s obligations, duties or
responsibilities described herein or for violation of any provision of these Terms
of Sale or the Auction rules either posted or as announced by Auctioneer. In the
event Centurion must enforce these Terms of Sale against Buyer in a court of
law, in addition to all other available remedies, Buyer will be responsible for
Centurion’s attorney’s fees and costs.
14. Quantities, descriptions, weights, measurements, dimensions, serial and
machine numbers, year and model set out on the items/lots in the auction
brochures, catalogues, any advertisements and/or invoices are believed to be
accurate. However, the Auctioneer’s, owners, or advertising counsel are not
responsible or liable for any discrepancies, inaccuracies or failure of the
items/lots to correspond with any written or verbal representation of such
information made by or on behalf of either the Auctioneers or owner, or any
perceived or expected standard or custom, or any other particulars such as the
genuineness or authenticity of any items/lots. No item/lot shall be sold or
deemed sold by description or such information and Buyer shall not be entitled to
rely thereon. All such information is given by way of identification only and no
warranty, condition, representation or guarantee is made, given or is to be
implied. The Auctioneer and/or owner are not responsible or liable for any
damage or loss (direct, indirect, consequential or otherwise) arising as a result of
any inaccuracy in respect thereof. It is therefore recommended that all Buyers
avail themselves for inspection.
15. A Buyer’s Premium of 19% of the final sales price in effect and will be added
to Buyer’s purchase price. The Buyer’s Premium shall be decreased to 18% if the
aggregate total of a Buyer’s purchases at an auction event are between $5,000
and $24,999.99 and shall be reduced to 17% if the aggregate total of a Buyer’s
purchases at an auction event are $25,000 or above. The Buyer’s Premium may
be adjusted at Centurion’s discretion according to how the bid was placed and the
purchase price was paid.
16. For all credit card Buyers: Purchased items/lots will not be released without a
signed credit card receipt.
17. These Terms of Sale are governed and interpreted in accordance with the
laws of the State of Illinois (excepting any conflict of laws or provisions which
would serve to defeat application of Illinois substantive law). Further, Buyer and
Centurion hereby irrevocably and unconditionally agree and consent to the
exclusive jurisdiction and venue of any court of competent jurisdiction located in
the County of Cook, State of Illinois for any proceeding arising out of, or in
connection with these Terms of Sale.
18. These Terms of Sale may not be changed, amended or modified except by
Auctioneer, and Auctioneer may within its sole discretion and without notice,
change, amend or modify these Terms of Sale at any time in writing, by posting
on its website, or orally by announcement at any auction.
19. PURCHASE FOR EXPORT: Buyer will comply with all applicable U.S. and
local laws, including the Foreign Corrupt Practices Act, and warrant that the
Equipment will not be exported to the Republic of China, to OFAC-Sanctioned
Countries, or persons on the OFAC List. If Buyer is purchasing the Equipment for
export, Buyer is responsible to obtain any required export or import licenses or
documentation, and Buyer is responsible for purchasing the Equipment in
accordance with the US Export Administration Regulations (EAR).
20. NO SALE OF EQUIPMENT TO OFAC – SANCTIONED COUNTRIES OR
PERSONS ON THE OFAC LIST: Company will not directly or indirectly sell
Equipment to or receive payments or remittances for Equipment from any person
or entity that is an OFAC-sanctioned country, government, national, or resident
or any person or entity that is listed, or that owns a controlling interest in or is
otherwise controlled by a person or entity that is listed, on the OFAC List
(https://www.treas.gov/offices/enforcement/ofac/).