731 Sansome Street, 2nd Floor
San Francisco, CA 94111, USA
Online Auction Sale
By Order of Secured Party
BAKERY PRODUCTION EQUIPMENT
(3) Bread Lines, Steel Silos, Dividers/Chunkers
Horizontal Mixers, Ovens, Dough Loader, Roll Slicers
Proofer Boxes, Sifters, Molders, Hand & Power Tools
Material Handling Equipment, Office Furniture & Equipment
Online Bidding Ends: Wednesday, May 1st @ 12:00 Noon
Assets Located at:
D’AMBROSIO BAKERY LLC
1401 S. 31st Street, Philadelphia, PA 19146
TERMS AND CONDITIONS OF SALE
NOTICE: All Bidders and others attending this auction agree that they have read and fully understand these terms and agree to be bound thereby.1. METHOD OF SALE: The bakery production equipment is being offered for sale as an entirety, in various bulk lots as well as in piecemeal lots. Lot #1 - entirety bid for all lots, Lot #14, 15, 16 – bulk bid on each of the bread lines. The entirety bidding (Lot #1) will close at 12:00 Noon. The bulk & piecemeal bidding will have staggered end times with the first lot starting to close at 1:00 PM. Upon the conclusion of the sale the Auction Company will compare the entirety and bulk bids against the total of all of the piecemeal bids. The method, or combination of methods, which best serves the interest of the seller, will be the manner in which the equipment will be considered sold. This determination will be made shortly after the closing of the bidding.2. REGISTRATION: Buyers must register prior to bidding at this auction sale. A valid credit card is required to register; we accept Visa, MasterCard and Discover. By registering you represent and warrant that any and all Buyer information is correct. Auction Company reserves the right to deny any registered bidder at any time at its sole discretion without notification.
3. INSPECTION: Purchasers may inspect the merchandise and are urged to do so on Friday, April 26th & Monday, April 29th from 10:00 am to 3:00 pm each day.
4. INVOICES: Bidders will be sent an electronic invoice to the email address provided during registration. Invoices can be faxed upon request.5. PAYMENT: Payments can be made in cash or cashier’s checks drawn to the order of Wm. F. Comly & Son, Inc.Company checks will only be accepted when accompanied by a valid bank letter of guarantee payment stating that:MR./MRS. (Specify Name) IS A CUSTOMER OF OUR BANK, AND WE WILL GUARANTEE PAYMENT OF CHECKS WRITTEN ON HIS/HER ACCOUNT UP TO $ (Specify Amount) FOR PURCHASES MADE AT YOUR AUCTION ON WEDNESDAY, MAY 1, 2013. Bank wire transfer to the account of Wm. F. Comly & Son, Inc. will also be accepted for payment, please call auction office for further instructions. All bills must be paid for in full by 4:00 PM on Friday, May 3, 2013. If payment is not received by the time specified your credit card on file will charged. Bills may be paid for at the auction site on Friday, May 3rd only or mailed to our temporary offices at 1080 N. Delaware Avenue, Suite 302, Philadelphia, PA 19125.6. TIME OF REMOVAL: No goods will be released to the purchaser until the entire Auction is completed and the entire bill is paid in full. Hours for removal are from 8:30 AM to 4:00 PM. All purchases must be removed from the premises by 4:00 PM on Wednesday, May 8, 2013.7. MANNER OF REMOVAL: Purchasers must remove the merchandise from the premises at their own risk, expense and liability. Purchases can be removed only upon presentation of original paid bill. Auction Company is not responsible for items that are not removed within the time specified and has the option of dumping, storing or re- selling any item purchased at the expense and risk of the Purchaser.
COMLY Auctioneers & Appraisers
1080 N. Delaware Avenue, Philadelphia, PA. 19125Phone: (215) 634-2500 - Fax: (215) 634-0496Website: www.comly.com - E-mail: firstname.lastname@example.org. NON-PAYMENT: In default of payment of bills in full within the time herein specified, the Auction Company, in addition to all other remedies allowed by law, may retain all monies received as deposit or otherwise as liquidated damages. Lots not paid for or removed within the time specified herein will be considered abandoned and may be resold at public or private sale without further notice and any deficiency, together with all expenses and cost of re- sale, will be charged to the defaulting Purchaser.9. NON-DELIVERY RESPONSIBILITY: All purchases made are at the Purchaser’s risk. The Auction Company shall not be responsible if all or any part of such purchases be lost, stolen, damaged or destroyed from any cause whatsoever. The Auction Company shall not, in any event, be liable for non-delivery, or for any other matter or thing, to any Purchaser of any lot, other than for the return to the Purchaser of the deposit or sum paid on said lot, should the Purchaser be entitled to it.10. CONDITION OF ITEMS SOLD: Auction Company is not responsible for the correct description, authenticity, genuineness of, or defect in any lot and makes no warranty in connection therewith. No allowance will be made or sale set aside on account of any incorrectness, error in cataloging or any imperfection not noted. No deduction will be allowed on damaged articles as all goods are exposed for public exhibition and are sold "AS IS" and without recourse. It is for this reason that all Buyers should avail themselves of the opportunity to make inspection prior to sale.11. CLAIMS: Auction Company will not be responsible for any missed bids from any source. Under no circumstances shall Bidder have any kind of claim against Auction Company or anyone else if the internet service fails to work correctly during the online auction.12. PERSONAL & PROPERTY RISK: Persons attending during exhibition, sale or removal of goods assume all risks of damage of or loss to person and property, and specifically indemnify and hold harmless Auction Company and Seller from any and all damages, claims or liabilities from injuries to persons or property of any type whatsoever. Neither the Auction Company nor its Principal shall be held liable by reason of any defect in or condition of the premises on which the sale is held.13. INDEMNIFICATION: Purchaser agrees to indemnify and hold harmless Auction Company and Seller from and against all claims and liabilities relating to the condition or use of the articles purchased or failure of user to follow instructions, warnings or recommendations of the manufacturer, or to comply with federal, state and local laws applicable to such articles or for proximate or consequential damages, costs or legal expenses arising therefrom.14. AGENCY: The Auctioneer is acting as agent only and is not responsible for acts of its principals.15. BUYER’S PREMIUM: 18% Buyer’s Premium will be added to all purchases. An additional 3% will be added if you pay your invoice by credit card. We accept Visa, MasterCard or Discover.16. SALES TAX: Buyer shall pay the applicable sales tax unless Buyer presents a resale certificate exempting theBuyer and Auction Company from the payment of any such sales and use taxes.
17. RIGGING: Removal and rigging to be at purchaser’s own expense, risk and liability. A certificate of insurance for
$1,000,000.00 naming Wm. F. Comly & Son, Inc. and Seller as additional insured entities must be presented to theAuction Company for all heavy rigging requiring the use of forklifts, cranes, etc., whether performed by the customer or a rigging company. The auctioneer has the right to reduce or eliminate these requirements at his sole discretion.
Thank you for your interest in our auction sale.
Comly Auctioneers & Appraisers - www.comly.com
in conjunction with
Rabin Worldwide - www.rabin.com
(215) 634-2500 – Email: email@example.com (415) 522-5700 – Email: firstname.lastname@example.org