Name Commercial Kitchen Equipment, Furniture and Fixtures Auction
Auctioneer M Davis Group
Date(s) 7/20/2017
July 20, 2017 10am
Preview Date/Time July 19, 2017 9-3:30pm
Checkout Date/Time By appointment only
Location 2300 Palmer Street
Pittsburgh, PA 15218
Buyer Premium 18% Online
Description
Brand New Ovens, Dishwashers & Washing/Drying Machines, Bakery Equipment, Commercial Refrigeration, Restaurant Furniture, Gym Equipment, Office Furniture & Homegoods & Much More!
Auction Terms & Conditions TERMS OF SALE M. Davis Group, LLC Auctioneers NOTICE: These Terms of Sale govern all items offered for sale by M. Davis Group, LLC, its employees, agents, affiliates, joint venture partners and/or co-auctioneers (collectively, the "Auctioneer") at this sale. The Auctioneer reserves the right to modify these Terms of Sale at any time which modifications shall become part of these Terms of Sale. By registering to bid at this sale, all Bidders acknowledge that they have read these Terms of Sale and agree to be bound by them. 1. IDENTIFICATION. All Bidders are required to register prior to making a bid on forms supplied by Auctioneer. 2. PAYMENT. Unless prior written arrangements are made acceptable to Auctioneer, payment must be made in full for all items purchased at the conclusion of the sale by cash, wire transfer, certified check or by credit card, no checks accepted. At the discretion of Auctioneer, a 25% refundable deposit may be required at the time of registration. At any time during the sale a 25% deposit may be required to cover a bid, in default of which the Item may be immediately resold. A discount of 3% will be applied to payments in cash, certified check and a check with a bank letter of guarentee. 3. TAXES. When required by law, the successful Bidder shall pay to Auctioneer any sales or other applicable tax which tax shall be added to the final bid price. Bidders who purchase for resale must supply to Auctioneer at the time of payment all documentation required for any claimed exemption. 4. BUYER'S PREMIUM. A buyer's premium, 18%, of the final bid price will be added to the purchase price for each item sold and collected from the purchaser at the time of payment for the item before it is released for removal. A discount of 3% will be applied to payments in cash, certified check and a check with a bank letter of guarentee. 5. REMOVAL. A defined schedule for removal will be posted and adhered to for the sale. No item can, on any account, be removed during the sale. Removal shall be at the expense, risk and liability of the purchaser, including, without limitation, any liability for damages to the premises or damages as a result of the release of any hazardous or toxic materials. The purchaser agrees to comply with all applicable federal, state and local governmental safety standards in removing items purchased. Purchases may be removed only on presentation of a paid bill for all items sold to the same buyer. Auctioneer shall not be responsible for goods not removed within the time allowed, but shall have the option to void the sale or remove and store at the expense and risk of the purchaser any item purchased, but not paid for and removed within the prescribed time. REMOVAL DEADLINE May 19, 2017. 6. CONDITION OF ARTICLES SOLD. The Auctioneer shall not be responsible for the correct description, genuineness, authenticity of, or defect in any lot, and makes no warranty in connection therewith. No sale will be set aside nor allowance made on account of any incorrectness, error in cataloguing, or any imperfection not noted. No deduction allowed on damaged articles, all goods being exposed for public exhibition, and sold "as is," "where is" and "with all faults." 7. PURCHASER'S RISK. All purchases made at this sale are at the purchaser's risk as soon as they are announced sold by the Auctioneer. The Auctioneer and principal(s) shall have no liability for any loss or damage to items for any reason whatsoever once announced sold. 8. CLAIMS. No claims will be allowed after removal of goods from the sale premises. 9. AUCTIONEER AND PRINCIPAL(S) LIABILITY. Auctioneer 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 thereto. Neither the Auctioneer nor its principal(s) shall be held liable with respect to any item sold in any greater amount than that paid by the purchaser and, in all instances, the highest bid shall be accepted by both the buyer and principal(s) as the value against which all claims for loss or damage shall lie. 10. COMPLIANCE WITH TERMS OF SALE. In default of payment of bills in full within the time therein specified, the Auctioneer in addition to all other remedies allowed by law may retain all monies received as deposit or otherwise, as liquidated damages. Items not paid for and removed within the time allowed herein may be resold at public or private sale without further notice, and any deficiency, together with all expenses and charges of re-sale, will be charged to the defaulting purchaser. 11. RISK TO PERSON AND PROPERTY. Persons attending during exhibition, sale or removal of goods assume all risks of injury and damage to persons and property and specifically release the Auctioneer and its principal(s) from liability therefor. Neither the Auctioneer nor its principal(s) shall be liable by reason of any defect in or condition on the premises on which the sale is held. 12. ADDITION TO OR WITHDRAWAL FROM SALE. The Auctioneer reserves the right to withdraw from sale any of the property listed or to sell at this sale property not listed, and also reserves the right to group one or more lots into one or more selling lots or to subdivide into two or more selling lots. Whenever the best interest of the principal(s) will be served, the auctioneer reserves the right to sell all the property listed, in bulk. 13. SALE BY ESTIMATED WEIGHT, COUNT OR MEASURE. Where items are sold by estimated weight, count or measure, the purchaser will be billed for and required to pay for the estimated weight, count or measure. If, upon removal, any shortage exists, the purchaser will be entitled to a refund at the rate of purchase provided request is made at the time of removal. If there be an excess, the purchaser will be required to take and pay for such excess, at the rate of purchase prior to removal. 14. NOMINAL BIDS. If any dispute arises between two or more bidders, the Auctioneer may decide the same or put the lot up for sale again, and resell to the highest bidder. The Auctioneer's decision shall be final and absolute. Any bid which is merely a fractional or nominal advance may be rejected by the Auctioneer. 15. RESERVE. The Auctioneer reserves the right to reject any and all bids. On lots upon which there is a reserve, the Auctioneer shall have the right to bid on behalf of the principal. 16. RECORDS. The record of sale kept by the Auctioneer will be taken as final in the event of any dispute. 17. COURT CONFIRMATION. All sales made by Order of Court may be subject to confirmation of the Court, as announced. 18. AGENCY. The Auctioneer is acting as agent only and is not responsible for the acts of its principals. 19. ADDITIONAL TERMS AND CONDITIONS-The Auctioneer may add other terms and conditions of sale, such additional terms and conditions to be announced prior to the auction. 20. GOVERNING LAW. These Terms of Sale shall be governed by the substantive law of the state where the sale takes place. 21. SEVERABILITY. If any provision of these Terms of Sale is held to be Illegal, invalid or unenforceable in whole or in part, the legality, validity and enforceability of the remaining provisions shall not be affected. --------------------------------------------------------------------------------------- Sebae Data Solutions, Inc. SERVICE TERMS AND CONDITIONS ACCEPTANCE OF TERMS Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap USE AND REGISTRATION Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC. REGISTRATION OBLIGATIONS In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).  DESCRIPTIONS OF SERVICE Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections. HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions.  The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding.  INTERNET ABSENTEE BIDDING Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction. INTERNET-ONLY AUCTIONS Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction. WEBCAST AUCTIONS Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live". Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid. When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels). The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions. Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration. Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms. BIDDING The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal. Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement. The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers. Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers. THE WINNING BID The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid. NOTICE OF END OF SALE, PAYMENT & SHIPPING After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions. BUYER'S PREMIUM, TAXES AND DUTIES If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it. PRIVACY We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. COPYRIGHT All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose. SPECIAL ADMONITIONS FOR INTERNATIONAL USE Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. DISCLAIMER OF WARRANTIES You expressly understand and agree that: a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected. c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC. LIMITATION OF LIABILITY You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. EXCLUSIONS AND LIMITATIONS Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you. INDEMNITY You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. LEGAL COMPLIANCE You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items. GENERAL INFORMATION The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Currency USD
Buyer Premium 18% Online
Payment Terms
Payment due within 48 hours of invoicing
All removal is by appointment only. Please contact Kevin Detman at 412-287-5459.