TERMS AND CONDITIONS
Per Order of The U.S. Bankruptcy Court District of NH CASE NO. 16-11689 BAH
1. James R. St. Jean Auctioneers reserves the right, at any time, within its sole discretion and without prior notice or liability to any person, to: (a) withdraw or cancel the sale of any or all assets prior to accepting a bid for such asset or assets; (b) refuse to issue a bidder's number to any person; (c) revoke the privilege of bidding to any person at this or any future sale (auction or otherwise); (d) refuse or reject any bid which it deems to be not made in good faith or an insignificant advance over the preceding bid; (e) refuse or reject any bid from any disqualified bidder; (f) offer any assets in groups or in bulk; or; (g) impose any other conditions announced at the time of sale. In the case of a tie bid, precedence is given to the earliest bid.
2. Age requirement: All bidders must be 18 years of age or older.
3. A buyer is deemed to have accepted the asset once the buyer makes a bid. James R. St. Jean Auctioneers shall accept the highest bid and the highest bidder shall be the buyer. Once a bid is accepted, the buyer may not retract the bid. All sales are final once a successful bid is accepted.
4. Any dispute arising as to any bidding shall be settled by James R. St. Jean Auctioneers' sole discretion, and James R. St. Jean Auctioneers may, immediately, put assets in dispute up for sale again.
5. Buyer's Premium will be added to your invoice. A 4% convenience fee will be added to your invoice any for payments made by credit card.
6. James R. St. Jean Auctioneers will, at its sole discretion, collect from buyers a deposit toward the purchase price and Buyer's Premium immediately following acceptance of the successful bid.
7. James R. St. Jean Auctioneers utilizes a SOFT CLOSE format for online auctions. A SOFT CLOSE ending for a lot means that if a bid is placed in the last few minutes, the bidding for that lot will be extended by another few minutes. This gives other interested bidders time to raise their bid before the lot closes.
8. The balance of the Purchase Price and Buyer's Premium shall be paid in full within 24 hours of the auction close. No physical work at the any sale site(s), including but not limited to the removal of the assets purchased, may occur before James R. St. Jean Auctioneers has received payment in full.
9. All payments must be made by cash, cashier's check or wire transfer in U.S. currency, made payable to James R. St. Jean Auctioneers. James R. St. Jean Auctioneers will accept MasterCard, Visa and Discover credit cards (4% convenience fee will be added to your invoice for payments made by credit card).
10. By registering as a bidder and/or submitting a bid, each buyer acknowledges he/she has read, agrees to and shall be bound by these Terms of Sale.
11. Each buyer acknowledges that prior to the auction all assets may or may not be available for inspection. Inspection or preview times if any will be announced under the description section of the online auction.
12. In the event the buyer fails to pay the full purchase price of any assets within the prescribed time, or fails to comply with any other Terms of Sale, the buyer will lose the deposit, if any. James R. St. Jean Auctioneers shall retain a possessory lien on all assets of the buyer and have the right to resell such assets for and on behalf of the seller by public or private sale without notice of any kind to the buyer.
13. Successful bidder immediately acquires possession of all items purchased. It shall be the sole responsibility of the buyer to insure purchased assets immediately upon transfer of title and possession. James R. St. Jean Auctioneers and the Seller shall not be responsible for any loss or damage to any assets in transit.
14. All assets must be removed from the sale site within the time announced and all costs, responsibility and risk of such removal shall be borne by the buyer and, in every case, the buyer shall use prudence in effecting such removal.
15. Buyer is responsible for compliance with all applicable government safety standards in connection with the removal and transportation of the assets and for the actions and safety of all of its own employees or any third party brought onto the sale site.
16. At the discretion of James R. St. Jean Auctioneers any buyer or any third party engaged by the buyer to assist in the removal of the assets may be required to provide a certificate of insurance, including evidence of public liability insurance of at least $1,000,000 and worker's compensation insurance. Buyer agrees to indemnify and hold harmless James R. St. Jean Auctioneers and the Secured Party against any damage caused by the acts of the buyer and/or agents of the buyer in connection with the dismantling or removal of the assets.
17. No sale shall be invalidated by reason of any defect or inaccuracy in any of the assets being incorrectly described in any catalog, on www.jsjauctions.com, or elsewhere, and no liability shall be borne by James R. St. Jean Auctioneers with respect to any such fault or errors. While descriptions are believed to be accurate, James R. St. Jean Auctioneers & the Secured Party make no warranties or guarantees expressed or implied, as to the genuineness, authenticity of, or defect in any assets and will not be held responsible for any advertising discrepancies. The descriptions contained in any catalog and information posted on www.jsjauctions.com, have been prepared only as a guide based on information from sources generally believed to be reliable, but the accuracy thereof cannot be guaranteed or warranted by James R. St. Jean Auctioneers. Bidder acknowledges responsibility to inspect all assets and make independent inquiries.
18. Buyer acknowledges that prior to bidding, a full inspection may or may not have been available of the items up for bids, that all steps necessary to independently satisfy himself or herself regarding any condition or aspect of any asset may have been taken, and that buyer is not relying on James R. St. Jean Auctioneers nor is James R. St. Jean Auctioneers liable for any such matter. Buyer further acknowledges that there are no guarantees or warranties, expressed or implied, statutory or otherwise, of any nature whatsoever made with respect to any asset. Each and every asset is sold "AS-IS, WHERE IS". Bidder's bid at their own risk. James R. St. Jean Auctioneers makes no representation or warranty as to the condition and/or operability of any asset. A) Conforms to any safety of pollution standard or to any standard or requirement of any applicable authority, law, or regulation, or B) is fit for any particular purpose, or C) is merchantable or financeable, or D) is of any particular age, year of manufacture, model, make or condition.
19. Buyer accepts the assets purchased subject to all terms of the sale. Buyer does hereby waive, release and discharge all claims of any kind or nature against James R. St. Jean Auctioneers, its agents and employees for any damages or injuries resulting from the purchase, possession or use of the purchased assets, or claims otherwise related to purchased asset.
20. If, for any reason whatsoever, James R. St. Jean Auctioneers is unable to make any purchased asset(s) available to buyer or otherwise effect delivery of any asset(s) with clear title to the same, or any necessary documentation required in respect of any asset(s), whether before or after delivery of such asset(s), James R. St. Jean Auctioneers' sole liability shall be to return to buyer any monies paid by buyer for such asset(s), upon return (if applicable) of the asset(s) by buyer.
21. All necessary transfer documents, product manuals or other written information pertaining to the assets will, if available, be delivered immediately to the buyer at the time of payment or pick up. Or will otherwise be mailed to buyer if subsequently made available to James R. St. Jean Auctioneers.
22. James R. St. Jean Auctioneers reserves the right to change any auction's ending time.
23. If any provision of these Terms of Sale is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.
24. These Terms of Sale shall be interpreted and enforced under New Hampshire law regardless of the location of the sale site.
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