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Major Printing Plant Equipment Auction - Surplus Assets of the Philadelphia Inquirer

Highlights
PLEASE CLICK HERE TO VIEW THE CATALOG AND REGISTER TO BID FOR DAY 1
PLEASE CLICK HERE TO VIEW THE CATALOG AND REGISTER TO BID FOR DAY 2
 

Complete 674,000 sq ft Printing Plant Featuring:  

  • Sorting, Stacking, and Banding Lines
  • 150 Unit Truck Tractor, Trailer & Step Van Fleet
  • 70 Forklift & Material Handling Trucks
  • Enormous Spare Parts & Supplies Inventory
  • Maintenance, Garage, Fitness Center & Memorabilia  
 

PLEASE CLICK HERE TO VIEW AERIAL VIDEO 1

PLEASE CLICK HERE TO VIEW AERIAL VIDEO 2

PLEASE CLICK HERE TO VIEW VIDEO OF QUIPP STACKING AND BANDING LINE

 

PRE-PRESS

  • (2) KRAUSE LS-Jet CTP Multi-Format Image Setters, 250 – 350 PPM.
  • (4) NELA EVOM and VCPM PLC Controlled Plate Bender-Punches, with in- and out-feed conveyor.
  • NELA PBA-BG Roll-In Dummy Plate Feeder.
  • 2012 NELA Plate Transport-Sorting-Stacking System, including right and left hand conveyor transport system, (1) 1/2 turn-through feed plate positioner, (7) 1/4 turn plate positioners, (4) bar code scanners, (75+) linear feet 17" wide transfer conveyor, 24-pocket plate sorter-stacker with PLC controls, (2) drive control cabinets.

  • Krause direct to plate computerized plate processors

SORTING, INSERTING, STACKING, & BANDING EQUIPMENT

  • (10) MULLER MARTINI 4-8 Position FlexiRoll Buffer Systems, with PLC controls, NewsGrip F gripper conveyor twin stream power out-feeds.
  • (3) MULLER MARTINI SLS 1000A 24-Pocket Newspaper Inserters, with joggers, NewsGrip F gripper conveyor twin stream power in-feeds.
  • (10) MULLER MARTINI SLS 1000A 12-Pocket Newspaper Inserters, with joggers, NewsGrip F gripper conveyor twin stream power in-feeds.
  • (25) QUIPP Stacking-Strapping Lines, each including Quipp 400, 500, or 600 rotary stackers with touch screen controls, roller ball or roller conveyor, Quipp Viper 5114 bottom wrappers, Dynaric NP-2 automatic electro-pneumatic plastic strappers, 1/4" strap width, 21.7"H. X 15.7"W. max. bundle size, with bundle conditioning.

(Over 9,000) Linear Feet Aluminum Channel Gripper Conveyor with Spares. Good Quantity of Roll-In Replacement Stackers and Banders.

TRUCK & TRAILER FLEET

  • (40+) FORD 350 Transit and E-350 Cutaway Vans, 2015/16 models.
  • (50+) FREIGHTLINER MT-45 and Workhorse W42 and P42 Step Vans.
  • (10+) FREIGHTLINER M-2 and International 4300 24' Box Trucks, with hydraulic lift gates.
  • (10) FREIGHTLINER and INTERNATIONAL Tandem Axle 80,000-Lb. GVWR Highway Tractors.
  • FORD L9000 Tandem Axle Heavy Duty Wrecker.
  • OTTAWA Commander Trailer Jockey.
  • (20+) GREAT DANE and MONON Tandem Axle 53' Dry Van Trailers.
  • (7) DODGE Caravan and CHEVROLET Uplander Mini-Vans.

MATERIAL HANDLING EQUIPMENT

  • (10) YALE, HYSTER, NISSAN, and CATERPILLAR LP and Electric 4,000-Lb.–6,000-Lb. Capacity Fork and Roll Clamp Lifts.
  • (37) YALE Single and Double Ride-On Electric Pallet Jacks with Chargers.
  • Assorted TAYLOR & DUNN Electric Utility Carts.
  • JLG 40' Electric Boom Manlift.
  • GENIE 36' Electric Scissor Manlift.
  • Large Quantity of Manual and Electric Lift Rolling Hydraulic Pallet Jacks.

PALLETIZERS & PALLET WRAPPERS

  • (4) 2003 QUIPP Automatic Palletizers for 48" x 40" Plastic Pallets, in-feed and out-feed conveyor, PLC controls.
  • (4) ALVEY 600 Full Case Low Level Automatic Palletizers, with in- and out-feed conveyors, PLC controls.
  • (2) PHOENIX Automatic Pallet Wrappers, with dual 60" turntables.
  • (2) LANTECH Rotary Pallet Stretch Wrappers, with auto-index in- and out-feed roller conveyor

SCRAP HANDLING EQUIPMENT

  • (2) AMERICAN 6042 Automatic Self-Tying Horizontal Hydraulic Balers, with Pathfinder PLC controls, 60" x 50' incline belt feed conveyors, with digital weigh cells and bale handling equipment.
  • (3) Hydraulic Dump Bins with Scrap Conveyor.
  • (35+) RUBBERMAID Steel Frame 1-1/2 Yard Rolling Dump Hoppers.
  • Extensive System of Floor Mounted Belt, and Ceiling Mounted Trash Tote Conveyor with Assorted Totes and Digital Weigh Cells.

MACHINE & MAINTENANCE SHOP

  • LEBLOND Engine Lathe, 14" x 148" BC, 720 spindle speed max., with tail stock, center rest and compound slide table, 4-jaw chuck.
  • LEBLOND Engine Lathe, 9" x 54" BC, 1,800 max. spindle speed, 3-jaw chuck, tail stock, center rest and compound slide table, 3-phase.
  • DO-ALL 17 Engine Lathe, 2,120 max. spindle speed, 9" x 78" BC, with tail stock, center rest and compound slide table, 3-phase with DRO.
  • BRIDGEPORT Series 1 Vertical Milling Machine, power feed , 9" x 48" table, 3-phase.
  • SHARP V-2-25 Vertical Milling Machine, 9" x 56" table, 60–4,500 spindle speeds, 3-phase.
  • DO-ALL 2012-2H Horizontal Band Saw, 20" throat, with blade sharpener and welder, 5,200 band blade speed capacity, 3-phase.
  • SOUTHBEND CLC-18-R Tool Room Lathe, 6" x 38" BC, with tail stock, center rest and compound slide table.
  • DO-ALL D824-10 Surface Grinder, Walker 8" x 24 magnetic chuck, 1,725 max. RPM, 3-phase.
  • ENERPAC 100-Ton Capacity H-Frame Press, with Enerpac hydraulic unit.
  • JET JSG-6DC Combo 6" Belt and 12" Disc Grinder, 1 1/2 HP, 1-phase.
  • DO-ALL DG-24 Drill Press, S/N 32-8903, 24" capacity, 230 volt, 3-phase.
  • Assorted Machine Tool Accessories and Attachments Including Machine Vises, Rotary Index Tables, Riser and V Blocks, Tool Posts, Lathe Chucks, Arbor Presses, Pedestal Grinders, Perishable Tooling, and Related.

PLANT SUPPORT EQUIPMENT

  • (2) 2014 GARDNER DENVER 350 HP Water Cooled Rotary Screw Air Compressors, skid mounted.
  • (2) 1993 GARDNER DENVER 350 HP Water Cooled Rotary Screw Air Compressors, skid mounted.
  • (3) HANKINSON SPX 4,000 CFM Refrigerated Air Dryers, 450 CFM.
  • (10) 2018 FLEX-KLEEN Pneumatic Pulse Jet Dust Collectors.

Complete Fitness Center Including PRECOR and CYBEX Treadmills, Elliptical Machines, Life Cycles, Recombinant Cycles, Rowers, Resistance Machines, Free Weights, and Much More.

(2) Cafeterias Including Commercial Cooking and Food Prep Equipment, Refrigeration, Service Equipment, Dish and Tray Washing Equipment, Tables and Chairs, and All Related Equipment.

Enormous Spare Parts, Supplies, and Stores Inventory Including Bearings, ALLEN BRADLEY PLC and Electrical Supplies, Spare Motors, Valves, Gear Boxes, Hardware, Fasteners, High Pressure Hoses, Machine Parts, and Related.

 

Complete Truck Repair and Maintenance Garage Including Hydraulic Lifts, Hydraulic Hose Crimping Sets, Jacks, Repair Tools, Truck Parts, TireEquipment, and Related Equipment.

Extensive Assortment of Framed News Photographs and Important Legacy Front Pages Including From Award Winning Photographers and Columnists.

 

HELD IN CONJUNCTION WITH:

Catalog
View Catalog & Register to Bid Online

CRG is not responsible for packaging or shipping. The Buyer must make their own arrangements.


Available Shipper / Rigger

Bayside Rigging & Machinery Movers/Packaging/Crating & Shipping
850-982-5287
Please email for quotes: Baysidecrane1@aol.com

Heritage Industrial Services, Inc.
Contact: Andrew Brown 201-615-8863
Email: andrew@heritageindustrialservices.com

Pedowitz Machinery Movers, Inc.
Contact: Ray Brunelle @ 917-939-2975
Email: ray@pedowitz.com

MIMS Riggers
Contact:  Patty @ 203-266-6138
​​​​​​​Email:  mimsriggers@gmail.com
On-Site Bidding Process

Registering as a Bidder

When you arrive at an auction site, you must register as a bidder. At registration, we'll ask you to inform us as to how you plan to pay for your items. Please keep in mind that once you are a successful bidder, you are required to maintain a 25% deposit in cash, certified or bank check. Personal or company checks are only accepted with a letter from your bank guaranteeing your check. If you are bidding via the Internet or absentee bid you must register and submit your deposit within 24 hours prior to the auction.

How to Bid

Bidding at an auction is simple. The auctioneer will announce and describe each item before he asks for bids. During the entire bidding process, the auctioneer will speak loudly and clearly. Bids may be taken from bidders on-site, via the Internet, or by absentee-bid. On-Site - You'll make bids by using the bid card which you obtain when you register. When you want to bid on an item, you may raise your card so the auctioneer will see it. Keep in mind that if you are the successful bidder, a representative of Capital Recovery will approach you to make a deposit. You must tender the deposit in acceptable form at that time. Internet - If you wish to participate in live interactive bidding, please visit the catalog page and click on the link. You may be asked to fax in a credit card authorization form. Absentee - We will assign a representative of our firm to make bids for you. When you leave an absentee bid for the auction, you need to complete a form (click here for form) that lists the items you want to bid on and the maximum amount you will bid for each item. We will not bid over the authorized amount and only bid as high as the competitive bidding reaches. We will notify you of the outcome of the bids and return any deposits made within 72 hours. Quantity - Please note that when there is a quantity for a certain lot, and you are bidding on that lot, it is quantity X price. So if there is qty of 5 for Lot 100 and it sells for $100, your bill will reflect $500.

Proxy Bidding

Please call our office to put your proxy bidding in (800-300-6852). You will need to know the Lot# and your top bid for the item. We will also need to secure a 25% deposit from you before the auction begins.

Inspecting the Merchandise

Before the bidding process starts you'll have an opportunity to inspect each lot. Our staff will be available if you have any questions. All items sold at an auction are sold "as is" and "with all faults" so it's your responsibility to know what you are buying. Some auctions will have digital pictures available for each lot. This is especially valuable if you want to bid on merchandise via the Internet or by proxy and cannot personally inspect the item(s) prior to sale.

Deposits & Final Payments

You may make deposits and final payments only by wire transfer or or when applicable, VISA, MasterCard, or American Express credit card payable to CRG.  This is the most convenient way to make deposits and final payments. Sales tax for the state in which the auction is held will be applied unless the items or purchaser are exempt. The burden of proof for exemptions is on the buyer. All sales taxes will be collected unless the buyer fills out the proper documentation.

Picking Up Your Purchase

When you've finished bidding, return to the registration office to complete your final payment. You must make payment in full to receive a bill of sale. You may pick-up your items only after the auction has been completed and when accompanied by your paid bill of sale. Remember all items must be removed within announced specified time. If your items require special handling or rigging, our staff can help you make arrangements. Should you have any more questions please call our office or consult with our staff at the sale site. We want to make your auction experience both enjoyable and financially rewarding. We appreciate your patronage and attendance and wish you good luck.
Internet Bidding
If you are a winning bidder on the internet, it is your responsibility to get any tax exemption information to us hopefully prior to invoicing. You can fax your state's exemption certificate to (860) 623-9160. Please note name of auction on it.

Please note all items must be paid for within 24 hours of receiving your invoice.

Terms and Conditions
These are the complete and only terms and conditions on which all property is offered for sale. By bidding in this auction, prospective bidders agree to be bound by the following:
These Terms and Conditions of Sale (“Sale Terms”) govern all items which are offered for sale by AUCTIONEER (“Auctioneer”) and any of its employees, agents, designees, affiliates, joint venture partners, and co-auctioneers (together with Auctioneer, and world collectively, “AUCTIONEER”) to a buyer (the “Buyer”) of any machinery, equipment or other personal property items offered by AUCTIONEER and purchased by Buyer (collectively, the “Purchased Items”). The owner of the items upon which Buyer will be bidding may be owned either by Auctioneer or by another entity who has retained AUCTIONEER to sell such items (the “Owner”). AUCTIONEER reserves the right to modify these Sale Terms at any time and any such modification shall become part of these Sale Terms. By registering at the auction, onsite or online, the Buyer agrees that it has read and fully understands these Sale Terms and agrees to be bound by these Sale Terms.
  1. Payment. If Buyer is the winning bidder for the Purchased Items, full payment of the
purchase price for the Purchased Items due to AUCTIONEER (the “Purchase Price”), must be made in United States Dollars, and must be made on the day of sale as set forth in the invoice sent to Buyer at the end of the auction (the “Invoice”). Payment is due and payable in cash, by cashier’s check, wire transfer, company check, VISA, MasterCard, or American Express credit card payable to Auctioneer. For any Purchased Items paid in cash with a value of $10,000 or greater, Buyer is required to complete United States Treasury Form Number 8300 and return it to AUCTIONEER at the time of purchase. Buyer shall pay AUCTIONEER a late penalty on all amounts over 30 days past due computed at the greater of (i) 18% per annum, and (ii) the maximum rate permitted by applicable California law. If Buyer fails to pay the Purchase Price in accordance with these Sale Terms, Buyer agrees that it remains responsible for payment of the Purchase Price and AUCTIONEER shall have the right to commence all legal actions against Buyer for collection of the entire Purchase Price amount. Buyer shall also be liable for any and all costs and expenses incurred by AUCTIONEER arising out of or in connection with AUCTIONEER’s efforts to collect any unpaid amounts hereunder including, without limitation, attorney or collection agency fees and expenses. No forbearance, indulgence, or delay by AUCTIONEER in taking any action hereunder shall be deemed a waiver of any rights of AUCTIONEER hereunder. Until AUCTIONEER has received payment in full of the Purchase Price, the Rigger Release and Indemnification Agreement executed by the Buyer or rigger named therein, (the “RRIA”) along with an approved Certificate of Insurance (“COI”), and any other documents required by AUCTIONEER, Buyer shall have no right to dismantle or remove any of the Purchased Items from the real property located at the auction site (the “Real Property”).
  1. Taxes. Prices do not include any federal, state or local taxes, which are in addition to
the Purchase Price and must be paid by Buyer where applicable and may be added by AUCTIONEER to the Invoice unless Buyer furnishes AUCTIONEER with an acceptable tax exemption certificate. In addition, any and all foreign duties and taxes are also the responsibility of Buyer and Buyer hereby indemnifies and holds AUCTIONEER harmless from any and all claims, costs, expenses and liability incurred by AUCTIONEER resulting from Buyer’s failure to pay any foreign duties and taxes. If an acceptable tax exemption certificate is not submitted at the time of payment, Buyer may submit said exemption certificate within ten (10) business days to AUCTIONEER, and the tax originally paid will be refunded back to the Buyer. The failure of AUCTIONEER to include any such federal, state or local taxes does not excuse the Buyer from responsibility for paying any such taxes and Buyer hereby indemnifies and holds AUCTIONEER harmless from any and all claims, costs, expenses and liability incurred by AUCTIONEER resulting from Buyer’s failure to pay any federal, state or local taxes.
  1. Buyer’s Premium. AUCTIONEER will charge and retain a non-negotiable buyer’s
commission (“Buyer’s Premium”) on the proceeds of any sale based on the final and accepted bid for the Purchased Items. The Buyer’s Premium will be 15% for onsite bidders and 18% for online bidders. There will be an additional 4% handling charge on the total invoice for all credit card transactions. The Buyer’s Premium will be posted on the Real Property and announced prior to the auction.
  1. Title. Title shall pass to Buyer upon the satisfactory completion of all of the
following: (i) AUCTIONEER’s receipt of full payment for the Purchased Items in accordance with these Sale Terms; (ii) the Purchased Items have been removed from the Real Property in compliance with the RRIA; (iii) all damage, if any, to the Real Property and to any other personal property located at the Real Property caused by removing the Purchased Items has been repaired to the satisfaction of AUCTIONEER and the owner of the Real Property; (iv) Buyer shall not be in breach of any of items set forth in these Sale Terms.
  1. INSPECTION. BUYER SHALL BE DEEMED TO HAVE RELIED ENTIRELY
UPON ITS OWN INSPECTIONS AND INVESTIGATIONS OF ALL OF THE ITEMS UPON WHICH BUYER WILL BE BIDDING AND/OR PURCHASING. BUYER HEREBY ACKNOWLEDGES THAT BUYER AND BUYER’S AGENTS OR REPRESENTATIVES HAVE HAD THE OPPORTUNITY TO INSPECT, OR HAVE INSPECTED, ALL OF THE ITEMS UPON WHICH BUYER WILL BE BIDDING AND/OR PURCHASING. BUYER AGREES THAT BY SUBMITTING A BID FOR ANY ITEM, BUYER SHALL BE DEEMED TO HAVE INSPECTED ALL OF THE ITEMS UPON WHICH BUYER WILL BE BIDDING AND/OR PURCHASING. AFTER A SALE OF PURCHASED ITEMS HAS BEEN CONFIRMED, THE BUYER SHALL BE DEEMED TO HAVE INSPECTED ALL PURCHASED ITEMS AT THE TIME OF SALE CONFIRMATION.
  1. Acceptance by Buyer. Buyer agrees that its acceptance of the Purchased Items shall
constitute an acknowledgment by Buyer that the Purchased Items satisfies any and all obligations of AUCTIONEER hereunder. Buyer may not revoke its acceptance for any reason whatsoever. Buyer agrees to remove or cover any and all logos of The Philadelphia Inquirer from any vehicle(s) purchased pursuant to these terms prior to putting such vehicle(s) into operation.
  1. Safety Standards. Buyer expressly assumes all responsibility to obtain all safety
equipment and to meet all applicable local, state and federal laws, regulations and standards in removing any of the Purchased Items. Buyer further agrees to comply with the Rigger Release Agreement, if applicable.
  1. Removal of Purchased Items. Purchased Items can only be removed from the Real
Property within the removal time as announced at the sale and as indicated on the Invoice and in accordance with AUTIONEER”S INSTRUCTIONS (the “Removal Deadline”). No Purchased Items can be removed, segregated, or dismantled by Buyer before the conclusion of the auction. Prior to removal of any Purchased Items, the entire Invoice for all Purchased Items must be paid in full in order to gain access to the Real Property and Buyer and/or Buyer’s Rigger must submit a fully completed & executed RRIA along with the approved COI to an AUCTIONEER representative for approval. Once approved, Buyer must present the onsite AUCTIONEER representative with an original Invoice marked “PAID.”
  1. Failure to Remove Purchased Items/Bankruptcy. If Purchased Items are not
removed by the Removal Deadline (i) such Purchased Items will be deemed abandoned by the Buyer, (ii) Buyer shall forfeit all monies paid to AUCTIONEER for such Purchased Items, and (iii) Buyer shall forfeit any rights to such Purchased Items. In addition, Buyer shall be responsible for all damages suffered by AUCTIONEER, including, but not limited to, any dismantling, transportation, storage or other costs, including attorneys’ fees and expenses incurred by AUCTIONEER as a consequence of Buyer’s failure to remove such Purchased Items. Buyer hereby grants to AUCTIONEER a security interest in the Purchased Items to secure Buyer’s obligation to remove the Purchased Items from the Real Property not later than the Removal Deadline and in compliance with the terms of the Rigger Release Agreement, if applicable. Buyer hereby authorizes AUCTIONEER the right to file and/or record such documents and financing statements as are necessary or useful to perfect such security interest in the Purchased Items as provided in this Section 9, and Buyer shall execute and deliver to AUCTIONEER such documents as requested in connection therewith. In the event Buyer fails to remove the Purchased Items on or before the Removal Deadline, AUCTIONEER shall have the right to foreclose its security interest in the Purchased Items by a public or private sale in accordance with applicable law. In addition, in the event any one or more of the following shall occur, any and all obligations of AUCTIONEER hereunder, including without limitation, any obligations to Buyer in respect of the Purchased Items shall immediately terminate and without further action by AUCTIONEER: (a) Buyer files a voluntary petition in bankruptcy or a bankruptcy petition is filed against Buyer; (b) Buyer becomes insolvent or makes an assignment for the benefit of its creditors; or (c) Buyer discontinues its business or a receiver is appointed for Buyer or its business.
  1. Integration; Modifications. Buyer acknowledges that these Sale Terms, the Invoice,
the RRIA along with COI, a bill of sale, if applicable, and all attachments and exhibits hereto and thereto, (a) are the only terms and conditions of sale for the Purchased Items, (b) are intended by the parties as a complete and exclusive statement of the terms of their agreement in respect of the Purchased Items, and (c) supersede all prior agreements, written or oral in respect of the auction and Purchased Items, except for any and all announcements made by the auctioneer on the day of the auction concerning the Sale Terms, which Buyer acknowledges and agrees to be bound. Any variation from the terms hereof contained in the Buyer’s acceptance of the Purchased Items is hereby rejected.
  1. Auction Registration; Deposit. To register for any live auction onsite, bidders must
provide a refundable deposit in the amount determined by AUCTIONEER and either posted onsite or requested by AUCTIONEER representative, in the form of cash, cashier’s check, wire transfer, company check, VISA, MasterCard, or American Express credit card payable to Auctioneer. The foregoing amount shall be increased, as determined by AUCTIONEER, to an amount warranted by the value of the sale, but in no event greater than 25% of the Purchase Price, if Buyer is the successful bidder of the Purchased Items which shall be paid at the time Buyer becomes the winning bidder of the Purchased Items. If Buyer is the winning bidder for the Purchased Items, the refundable deposit set forth in the first sentence of this Section 11 shall become nonrefundable and such amount together with the increased deposit set forth in the second sentence of this Section 11, shall be applied toward payment of the Purchase Price and the provisions of Section 11 will control. To register for the online component of any auction conducted by bidspotter.com, bidders will be required to submit a valid VISA, MasterCard, or American Express credit card and complete the online registration information. The credit card will not be charged except in the event of failure to pay.
  1. Online Bids. AUCTIONEER will accept bids from Buyers who wish to bid, but cannot
attend the auction. The bids must be placed online at www.bidspotter.com. All bids will be recorded and synced with those bids received onsite in real-time, with the highest bid price, winning the item(s), regardless of being placed online or onsite. Any taxes and/or Buyer’s Premium will be added to the winning bid price. Buyers who choose to bid at any auction online using bidspotter.com shall do so at their own risk. AUCTIONEER cannot guarantee the transmission of online bids when situations or circumstances beyond AUCTIONEER’s control interfere with the normal operation of bidspotter.com. AUCTIONEER has no responsibility or liability for items lost at auction due to any system malfunction of bidspotter.com. It is the responsibility of the Buyer to follow instructions of bidspotter.com to properly operate the online bidding system.
  1. Bidding. If any dispute arises between two or more bidders, the auctioneer has the
right in its sole and absolute discretion to determine the winning bidder or to re-offer and resell the item or lot in dispute. AUCTIONEER shall have no liability arising from any dispute between two bidders. AUCTIONEER reserves the right to group one or more lots into one or more selling items or lots, or to add to or delete items or lots at its sole discretion. AUCTIONEER reserves the right to set the bidding increments. AUCTIONEER also reserves the right to reject any bid which is only a fractional advance over the preceding bid. AUCTIONEER, or the owners, reserves the right to set and/or to modify a minimum price.
  1. Hazardous Materials. Buyer acknowledges that Purchased Items may contain
Hazardous Materials. BUYER HEREBY INDEMNIFIES, DEFENDS, PROTECTS AND HOLDS HARMLESS, THE INDEMNIFIED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, ACTIONS, CAUSES OF ACTION, COSTS AND JUDGMENTS, INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES, ARISING FROM OR RELATING TO ANY RELEASE OF ASBESTOS, PCBS OR OTHER HAZARDOUS MATERIALS IN CONNECTION WITH THE REMOVAL AND TRANSPORTATION OF THE PURCHASED ITEMS FROM THE REAL PROPERTY. As used in these Sale Terms “Hazardous Materials” means (a) substances that are defined or listed in, or otherwise classified pursuant to, any applicable laws or regulations as “hazardous substances,” “hazardous materials,” “hazardous wastes,” “toxic substances,” or any other formulation intended to define, list, or classify substances by reason of deleterious properties such as ignitability, corrosivity, reactivity, carcinogenicity, reproductive toxicity, or “EP toxicity,” (b) oil, petroleum, or petroleum-derived substances, natural gas, natural gas liquids, synthetic gas, drilling fluids, produced waters, and other wastes associated with the exploration, development, or production of crude oil, natural gas, or geothermal resources, (c) any flammable substances or explosives or any radioactive materials, and (d) asbestos in any form or electrical equipment that contains any oil or dielectric fluid containing levels of polychlorinated biphenyls in excess of 50 parts per million. As used in these Sale Terms, “Indemnified Parties” means collectively AUCTIONEER, the owner of the Real Property, the Owner and their respective managers, officers, directors, shareholders, members, agents, attorneys, employees, successors and assigns.
  1. Buyer’s Responsibility and Indemnity. Buyer acknowledges the Real Property where
items upon which Buyer may be bidding are located, held or presented for inspection, may be potentially dangerous places which may include noxious, corrosive and pressurized substances being present, heavy equipment being operated, and live electric circuits. Buyer and its agents and representatives present at the Real Property before, during or after an auction shall be deemed to be present at their own risk. Buyer further acknowledges that NEITHER AUCTIONEER NOR OWNER shall have any liability for any injuries sustained to Buyer and its agents and representatives, nor damages to or loss of property which may occur from any cause whatsoever. Removal of Purchased Items shall be at the sole expense, risk, and liability of the Buyer. In addition, all freight and insurance charges are the responsibility of the Buyer unless otherwise agreed by AUCTIONEER and Buyer in writing. Buyer shall be responsible for and pay all expenses, losses, and damages that may arise from the removal and transportation of the Purchased Items from the Real Property, and all losses, damages, debts, and liabilities incurred by Buyer in connection with Buyer’s purchase and removal of the Purchased Items and all other expenses relating or incidental thereto. BUYER HEREBY INDEMNIFIES, DEFENDS, PROTECTS AND HOLDS HARMLESS, THE INDEMNIFIED PARTIES FROM AND AGAINST ALL SUITS, CLAIMS, COSTS, DAMAGES AND EXPENSES, INJURIES TO ANY PROPERTY OR PERSONS (INCLUDING DEATH) INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES, ARISING OUT OF OR IN CONNECTION WITH BUYER’S ATTENDANCE AT THE AUCTION, VISITS TO THE REAL PROPERTY, PURCHASE, OWNERSHIP, DISMANTLING, REMOVAL FROM THE REAL PROPERTY, TRANSPORTATION, REASSEMBLY, USE AND/OR RESALE OF THE PURCHASED ITEMS, OR THE PERFORMANCE OF ANY OF THE OBLIGATIONS OF BUYER.
  1. No Warranties. Neither AUCTIONEER nor the Owner makes any representations,
warranties or guarantees, expressed or implied, as to the genuineness, authenticity, quantity, quality, condition, usability, salability, weight, measure, count, make, model, year, age, mechanical condition, performance, description, or other specifications of any items upon which Buyer will be bidding or in any lot(s). Neither AUCTIONEER nor the Owner shall be liable for any fault or defect in any lot(s). AUCTIONEER shall not be held liable for any inaccurate, incomplete or incorrect description, of any items or lot(s) upon which Buyer will be bidding, or in any media pertaining to the auction, whether in a catalog, advertisement, website listing, or otherwise. Descriptions of items are prepared FOR GUIDE PURPOSES ONLY and shall not be relied upon by the Buyer for accuracy or completeness. BUYER ACKNOWLEDGES THAT NO REPRESENTATIVE OF AUCTIONEER HAS AUTHORITY TO MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE PURCHASED ITEMS. THE PURCHASED ITEMS SOLD BY AUCTIONEER HEREUNDER ARE SOLD “AS IS”, “WHERE IS”, AND WITHOUT REPRESENTATION, WARRANTY OR RECOURSE OF ANY KIND OR NATURE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL IMPLIED OR EXPRESS WARRANTIES ARISING UNDER THE UNIFORM COMMERCIAL CODE OR UNDER ANY OTHER APPLICABLE LAW INCLUDING THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY AUCTIONEER AND OWNER IN THEIR ENTIRETY. IN ADDITION, AUCTIONEER AND OWNER MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE TITLE, POSSESSION, QUIET ENJOYMENT, LOCATION OR COMPLETENESS OF THE PURCHASED ITEMS.
  1. Default/Non-Compliance. In addition to the matters set forth in Section 1 above, if
Buyer fails to pay the Purchase Price for any of the Purchased Items, AUCTIONEER may resell such items at a public or private sale without further notice. If, at such a sale, such item(s) is sold for a lesser price; the defaulting Buyer will be responsible to pay for the difference together with all charges, fees and/or expenses, including but not limited to, the cost of removal and resale of the abandoned item(s), commissions, and legal fees incurred by Auctioneer as a result of resale.
  1. Limitation of AUCTIONEER’s Liability. NEITHER AUCTIONEER NOR OWNER
shall be liable to Buyer for any damages, including, without limitation, incidental, consequential, exemplary, treble or special damages or damages for breach of contract, tort (including negligence), strict liability, patent infringement or otherwise arising out of or in any way related to the (i) auction, (ii) Purchased Items or any act or omission of AUCTIONEER concerning the Purchased Items, (iii) removal and/or delivery of any Purchased Items from the Real Property, or (iv) dismantling, removal, transport, reassembly, use, operation, maintenance, or repurchase and/or resale of the Purchased Items by any person. If for any reason whatsoever, AUCTIONEER is unable to deliver any lot, AUCTIONEER sole liability, if any, shall be the return of any monies paid on such lot only.
  1. Acts of Others. AUCTIONEER is not responsible for the acts or omissions of (i) of
any party who provided any items to the auctioneer for sale, (ii) owner or lessor of the Real Property, or (iii) any party who provides services to the auctioneer and/or Buyer, including, but not limited to telecommunication, internet bidding services, removal, rigging, or shipping, of Purchased Items.
  1. Headings. The section headings in these Sale Terms are inserted for convenience only
and are not intended to modify or define any term or provision of these Sale Terms.
  1. Governing Law; Jurisdiction. THESE SALE TERMS SHALL BE
DETERMINED UNDER, GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF [WE WOULD PREFER NY, PA OR DE] WITHOUT GIVING EFFECT TO PROVISIONS FOR CHOICE OF LAW THEREUNDER. EACH OF THE PARTIES HERETO AGREES THAT ALL ACTIONS OR PROCEEDINGS ARISING IN CONNECTION WITH THESE SALE TERMS SHALL BE TRIED AND LITIGATED ONLY IN THE STATE COURTS AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, FEDERAL COURTS LOCATED INPHILADELPHIA, PA.
  1. Severability. If any provision of these Sale Terms is deemed illegal, invalid or
unenforceable, the legality, validity, and enforceability of the remaining parts, shall not be affected. IN WITNESS WHEREOF, the Buyer hereby (i) acknowledges that it has read and fully understands all of the provisions of these Sale Terms, and (ii) agrees to be bound by these Sale Terms.

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