AUCTION TERMS & CONDITIONS
1. PAYMENT TERMS:
a. Payment may be paid by cash, cashier’s check, wire transfer, or company check. All checks must be accompanied by a letter from the payer’s bank guaranteeing unqualified payment to STUART B. MILLNER & ASSOCIATES (hereinafter “SBMA”). (A $25.00 fee shall be assessed to Buyer for all returned checks).
b. Payment is due in full upon receipt of invoice. If payment is not received within 24 hours of the conclusion of the auction, Buyer’s invoice will be voided, and all items will be forfeited with NO REFUND of deposit or payment. All legal fees, collection fees and any other charges arising from nonpayment will be paid by the Buyer.
c. All methods of payment shall be made payable to STUART B. MILLNER & ASSOCIATES.
d. “Seller” shall be defined as Tenneco Automotive Operating Company Inc., and its Affiliates.
e. Wire-transfer instructions are available at the registration desk or by calling the SBMA office at 636-744-1400.
f. No purchases may be removed until complete settlement is made with cleared funds. Buyer is responsible for the complete removal of Buyer’s purchase(s).
g. Each buyer shall be responsible for payment of any city, county and/or state sales tax that may apply.
h. Buyer is entirely responsible for any customs or duty issues and/or payments
a. A 15% Buyer Premium for onsite sales, and 18% Buyer Premium for online sales.

2. CONDITIONS OF SALE:
a. All property up for auction will be sold to the highest bidder in accordance with these Auction Terms & Conditions.
b. If property shall become non-deliverable for any reason, neither SBMA or Seller shall, in any event, be liable for non-delivery, or for any other matter or thing, to any Buyer of any lot, other than for the return to the Buyer of monies actually paid to SBMA for said lot, should the Buyer be entitled thereto.
c. SBMA expressly reserves the right to determine the manner of conducting the auction and to sell property by individual or group lots, as it may deem appropriate.
d. The Auctioneer and Seller disclaim all warranties, expressed or implied, about the merchantability of the items and their fitness for a particular purpose.
e. SBMA and Seller assume no liability for error, omissions, accurate weights or measures, additions and/or deletions in this brochure or auction/lot book and all assets are Sold “As Is, Where Is.” Property offered may or may not be sold as described and/or photographed in this brochure.
f. Buyer/rigger is responsible for all waste/oil/substance in the removal of assets, along with all spills that may occur during the removal process.
g. All sales are made “As Is, Where Is” and Buyer acknowledges having inspected the property and to be satisfied with same prior to bidding.
h. All sales are FINAL.
i. Title and risk of loss to property shall pass to the Buyer upon Seller making the property available to Buyer on the agreed upon pick-up date.
j. The Certificate of Insurance is required to use motorized equipment or torching equipment on premises for lot removal.
k. Buyer/rigger MUST bring a copy of its liability insurance to the premises (onsite) and fax a copy to the offices of SBMA. The insurance certificate must list SBMA and Seller as additional insureds.
l. All items MUST be paid and picked-up by the last checkout date or they will be forfeited with no refund of deposit or payment, unless special arrangements have been made.
m. Neither Stuart B. Millner & Associates nor Seller shall be responsible for any property or bodily damages, howsoever caused, arising from the pickup or transport of the property, and all risks relating thereto are fully assumed by Buyer to the complete exoneration of SBMA and Seller. Buyer/rigger waives any and all claim it may have for any damages, including actual and punitive, whether caused by negligence, willful misconduct or otherwise, and assumes all risk related to the removal of its purchases.
n. Buyer will comply with all United States of America Export Administration Regulations, the Export Administration Act or any order, license, License Exception, or other authorization issued there under. Buyer shall comply with all applicable laws, ordinances, regulations and other legal requirements.
o. For all lots sold as scrap, weight will be estimated until actual weight is determined during checkout. Once actual weight is confirmed, Buyer will pay the balance due, if any, or Buyer will be issued a refund, if due.
p. Comply with the requirements of Tenneco’s “Safety/Environmental Rules for Contractors”, a copy of which shall be provided along with these Auction Terms & Conditions.