Warehouse Liquidation Auction

Former Novelty Company

By Order of Secured Creditor

Location: 3201 Nafta Parkway, Brownsville, TX (aka: 3201 N. Vermillion Rd.)

Closes January 25, 2017 – 9AM CT

Inspection: January 23 noon-4pm

Removal: January 30th & 31st, 2017 from 9am – 5pm only

Highlights:
368 Sections of Nice, Heavy Duty Pallet Racking
Wolftec Smart Series Turn Table Wrapping Machine
(2) Raymond R30TT Elec Forklifts
(2) Raymond R40TT Elec Forklifts
(4) Electric Forklift Chargers
Clark 3,000 LB Forklift on LP
(1) Yushin AN 150 DL Servo Robot (1997)
(2) Yushin AN 150 D Servo Robots (1997)
(3) Yushin MI Decker Stock Systems
Star TS-800 FM II-4 Servo Robot
Glow In the Dark Injection System for Glow Sticks
Dollies
Pallet Jacks
Warehouse Ladders
Over 200 Wooden Pallets
Work Carts
Spill Kits
Office Furniture
Computer Equipment, Printers, Copiers
And More!

Jones Swenson Auctions
Bringing Buyers & Sellers Together Since 1983
W. Scott Swenson, TX Auctioneer #7809

Warehouse Liquidation – Online Auction

Auction Location: 3201 Nafta Parkway, Brownsville, TX 78526

TERMS AND CONDITIONS

READ CAREFULLY AND COMPLETELY AS ALL AUCTIONS ARE DIFFERENT

By Bidding in this Auction, All Bidders Agree to the Following Terms:

1. This is a Public Auction. Lots will begin closing in numerical order on January 25, 2017 at 9:00 AM CT. Bidders must provide a valid credit card to register to bid online.
2. Payment: must be made with a Bank Wire Transfer or a Cashier’s Check delivered to auction office in Austin, TX no later than Friday January 27th. Payment will not be accepted at the auction site. Contact auction office [(512)261-3838] for Bank Wire Instructions. At the end of the auction, an invoice will be emailed to each buyer confirming winning bids and total amount due. Payments must be received in auction office no later than Friday, January 27th. If paying with a Cashier’s Check, it must be sent overnight to: Jones Swenson Auction Marketing, 900 RR 620 South. Ste. C101, PMB 200, Austin, TX 78734. Funds from a Bank Wire Transfer must also be confirmed by Friday January 27th. Once paid, a paid invoice will be emailed to buyer. Auction staff will contact buyers by telephone at the end of the auction bidding to confirm form of payment. Buyers should be available by cell phone (or other phone number provided at registration). If buyer cannot be contacted within two hours after the auction has ended, Auctioneer reserves the right to declare their bids void and re-sell the items to a back-up bidder. A paid invoice is required to remove purchases. No items may be removed until payment is made in full.
3. Buyer’s Premium: A 15% buyer’s premium will be added to each item purchased (“Buyer’s Premium”)
4. Texas Sales tax Sales tax will be charged unless the buyer provides a signed resale certificate. Bidders should send their resale certificate to auctioneer before bidding is complete; otherwise you will be charged sales tax. Please fax your resale certificate to (512) 261-9886 or email it to info@JonesSwenson.com. Without a certificate, sales tax will be charged. Contact auctioneer if you cannot find the correct Resale & Exempt Certificates.
5. Removal: of purchases will be January 30th & 31st, 2017 from 9am – 5pm only. If you cannot remove your purchases on these days, do not bid. Pallet Racking will be removed by appointment starting February 1st and must be removed by February 22, 2017. ●● Buyers assume all responsibility for packing, removal, transportation and handling of purchases. AUCTIONEER DOES NOT OFFER THESE SERVICES. NO SHIPPING IS AVAILABLE. If you cannot be on site in person for removal, plan to send a representative. There are loading docks and ramp to exterior ground level available. Please come prepared. If you cannot remove your purchases under these rules, DO NOT BID. Any concerns regarding removal should be addressed to Auctioneer prior to bidding.
6. Everything is sold “As-Is”: All items in the auction are being sold, “as is, where is” without warranties or guarantees of any type and with all faults. AUCTIONEER AND SELLER EXPRESSLY DISCLAIM AND EXCLUDE THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Bidders should rely solely on their own inspection of all items prior to the sale and should satisfy themselves as to the usefulness and value of each item. Any statement in the description or the auction marketing, regarding the items to be sold, should be considered a limited guide only. Any error in description does not relieve the buyer or his/her agent of their responsibilities to inspect. There are NO REFUNDS OR RETURNS.
7. Bidder’s Duty to Inspect and Investigate: Bidder acknowledges that the Auctioneer is providing them with the opportunity to inspect the items being offered for sale in this auction.  The Auctioneer strongly encourages bidders to attend the scheduled inspection for this auction or to send an agent, which will take place on the date listed above.  If you choose not to attend the scheduled inspection or are in doubt about the condition, completeness, or suitability of a given item, please bid accordingly.
8. Choose Wisely: We want everyone to get a good deal and most will.  However, when you bid on the wrong item or decide an item is not suited for your intended use, or you make assumptions of condition or quality, our sellers will not assume the cost of your mistakes.  You agree that your failure to inspect or otherwise become fully informed about the items offered for sale in this auction will not be grounds for a refusal to pay amounts due, nor for any claim against the Auctioneer.
9. Buyer is Responsible: Seller, Auctioneer and Buyer expressly agree that Buyer is responsible for and agrees to indemnify Seller, Auctioneer and their respective affiliates for any and all damages (whether based on contract, tort, warranty, negligence, strict liability or any other legal theory, and including special, incidental and consequential damages), losses, expenses, attorneys’ fees, court costs, etc., that arise out of or result from the removal, possession or use of any items purchased at this auction, or any other claim regarding the use or possession of any asset purchased at this auction.
10. Charge-backs Prohibited: As a bidder, you agree that you will accept all charges placed on the credit card associated with your account, and you agree that you will not charge back any amount that the Auctioneer charges to your credit card.  You agree that this provision applies equally to amounts charged in connection with any items you have won and any buyer’s premium or sales tax applicable.
11. Default and Resale:  You agree that if, after being declared the winning bidder, you fail to pay for any item that you have won for any reason, your account will be declared in default.  If you still fail to pay for any item after being notified of your account’s being in default, you agree that the Auctioneer will have the right to immediately resell your item, and you further agree to pay (a) any cost associated with the resale and (b) any deficiency between your original purchase price and the resale price.
12. Disposal of Unclaimed Items:  In the event you refuse to pay for or abandon any item that you win at auction, the Auctioneer will have the option of reselling, removing, storing, or disposing of the unpaid-for or abandoned item.  You understand and agree that you will be personally responsible for all deficiencies – and all legal, collection, transportation, and storage expenses – associated with your delinquent account and/or abandoned items.  In the event of resale, you agree to pay any cost associated with the resale as well as any deficiency between your original purchase price and the resale price.
13. Suspension of Bidding Privileges: You understand and agree that any violation of these Terms and Conditions — and/or any unsafe or illegal activity during any auction-related event — may result in the Auctioneer’s suspending your online bidding privileges indefinitely.  Nothing in this paragraph will limit the Auctioneer’s right to any other remedies at law or in equity.
14. Internet Problems: Auctioneer and Seller are not responsible for any internet connection problems that may occur during the auction. Bidders should understand that sometimes internet connection or delay problems do occur. Auction lots will not be re-sold or brought back up for bidding because of internet problems. If you have issues with placing bids, please contact HiBid Customer Service directly (352) 414-1947.
15. Missing Items: In the event an item sold in the auction is found to be missing or it is determined that an item cannot be legally sold, prior to removal, the Auctioneer/Seller will only be responsible for the refund of the purchase price, buyer’s premium and any sales tax. Buyer agrees that the only compensation due them will be the refund of actual money paid.
16. Claims and Choice of Venue:  Any claim or controversy arising out of or relating to these Terms and Conditions, or to any breach thereof, will be resolved exclusively by a state court having jurisdiction in Travis County, Texas, or in the Federal District Court for the Western District of Texas, where federal jurisdiction exists.  Each party hereby submits to the jurisdiction and venue of such courts. You agree that all claims instituted by you will be litigated on an individual basis, and will not be consolidated with any claim made by another party.  You agree that any judgments awarded may be applied to and collected from you personally or corporately.  Should you file an action contrary to this paragraph, the defending parties may recover reasonable legal fees and costs.  Further, if you bring a claim against the Auctioneer and do not prevail, and/or if the Auctioneer takes action against you as a result of your violation of these terms and conditions and is the prevailing party, you agree that you will reimburse the Auctioneer for all reasonable legal fees and costs including reasonable attorney’s fees.
17. Governing Law & Venue:  These Terms and Conditions will be governed by and construed under the laws of the State of Texas. Venue is Austin, Texas.
18. Auctioneer’s Rights, Seller’s Rights, Entire Agreement & Updates: Auctioneer reserves the right to alter these terms & conditions at any time prior to the close of the auction. Seller reserves the right to add or remove items from the auction prior to the close of the auction. Notice will be given to bidders via the revised catalog online. These Terms and Conditions contain the entire agreement between the Auctioneer and the Bidder and supersede any prior oral or written agreements relating to the same subject matter. Please monitor the auction info page on JonesSwenson.com for up to date information and notices regarding this auction.