TERMS OF SALE
- All announcements made by United Country Bonnette Auctions on auction day shall take precedence.
- Any deletions and additions to the catalog quantities will be announced by United Country Bonnette Auctions at the time of the sale. All Bidders are advised to closely inspect each Lot at the auction.
- A Purchaser is deemed to have accepted a Lot when he/she makes a bid. United Country Bonnette Auctions shall accept the highest bid; the highest Bidder shall be the "Purchaser" and no Purchaser shall retract his/her bid. All sales are final.
- There will be a 15% buyer’s premium added to Bid Price.
- United Country Bonnette Auctions reserves the right to 1) refuse any applicant a Bidder's paddle, and 2) revoke the privilege of bidding at this auction sale, or any auction sale, at any time.
- Liability for payment and risk of loss shift to Purchaser at the time of notification of a successful bid. It shall be the responsibility of the Purchaser to insure purchases immediately. Transfer of title and possession of asset(s) purchased will occur at the time of verification of collection of purchase price of all purchases. United Country Bonnette Auctions shall not be responsible for any loss or damage to any Lot.
- Under no circumstances can the items be removed during the time the auction is being conducted.
- All payments must be made by cash, cashier's check or wire transfer in U.S. currency, made payable to United Country Bonnette Auctions. Under special conditions, company checks accompanied by an irrevocable bank letter guaranteeing payment will be accepted. Please review advertising materials or call United Country Bonnette Auctions for a full explanation of acceptable forms of payment. All items must be paid for on the day of sale.
- There will be no sales tax.
10. In the event the Purchaser fails to pay the full purchase price of any Lot within the prescribed time, or fails to comply with any other terms of sale, United Country Bonnette Auctions shall retain a possessory lien on all Lots of the Purchaser and have the right to resell such Lots for and on behalf of the Purchaser by public or private sale without notice of any kind to the Purchaser and retain and/or recover the deposit specified as the liquidated damages.
11. All purchases must be removed from the Auction Site within the time announced or posted at the Auction Site, and all costs, responsibility and risk of such removal shall be born by the Purchaser and, in every case, the Purchaser shall use prudence in effecting such removal. United Country Bonnette Auctions reserves the right to require proof of adequate insurance coverage from any Purchaser of Lots requiring dismantling, rigging or hot cutting. Purchaser agrees to indemnify and hold harmless both the Seller/Consignor and United Country Bonnette Auctions against any damage caused by the acts of the Purchaser and/or agents of the Purchaser in connection with the dismantling or removal of any Lot.
12. It is the Purchaser's responsibility to secure all safety equipment to meet all applicable government safety standards in using or removing the item purchased. The Purchasers hereby indemnify and hold harmless the auctioneers and Seller/Consignor from any and all damages, claims or liabilities from any injuries to persons or property of any type whatsoever caused during the sale or during the removal of the items purchased.
13. If for any reason the Purchaser fails to remove any Lot within the time specified, the Lot shall be deemed abandoned, and United Country Bonnette Auctions, at its sole discretion, may resell the said Lot at Purchaser's sole risk and expense. In addition, Purchaser shall be liable for any rent incurred or damages suffered by United Country Bonnette Auctions because of Purchaser's failure to remove any Lot. United Country Bonnette Auctions will not be responsible for items that are not removed within the time period allowed.
14. No sale shall be invalidated by reason of any defect or inaccuracy in any of the Lots or their being incorrectly described in the Buyer's Catalog, on www.bonnetteauctions.com or elsewhere, and no liability shall be born by United Country Bonnette Auctions with respect to any such fault or errors. While descriptions are believed to be accurate, United Country Bonnette Auctions and the Seller/Consignor make no warranties or guarantees, expressed or implied, as to the genuineness, authenticity of, or defect in any Lot and will not be held responsible for any advertising discrepancies. The Buyer's Catalog and information posted on www.bonnetteauctions.com has been prepared only as a guide based on information from sources generally believed to be reliable and from the Seller/Consignor, but the accuracy thereof cannot be guaranteed or warranted by the Auctioneer. Bidder acknowledges responsibility to inspect all equipment and make independent inquiries.
15. There shall be no guarantees or warranties, expressed or implied, statutory or otherwise, of any nature whatsoever. Each and every Lot will be sold "as is, where is." Specifically, but not to restrict the generality of the foregoing, United Country Bonnette Auctions makes no representation or warranty that any of the Lots that are the subject of the auction:
- conforms to any safety or pollution standard or to any standard or requirement of any applicable authority, law, or regulation, or
- is fit for any particular purpose, or
- is merchantable or financeable, or
- is of any particular age, year of manufacture, model, make or condition.
The Bidder agrees that all steps necessary to independently satisfy himself or herself of the contemplated purchases have been taken, and is not relying on United Country Bonnette Auctions, nor is United Country Bonnette Auctions liable for any matter in respect to the above.
16. Bidder acknowledges that prior to the auction all Lots were available for inspection.
17. United Country Bonnette Auctions may, at any time, at their sole discretion and without notice or liability to Bidder:
- withdraw or cancel the sale of any Lot, or
- offer any Lots in groups or with privilege, or
- offer all Lots in bulk, or
- cancel the sale.
18. United Country Bonnette Auctions reserves the right to group one or more items into one or more selling Lots, and to add and delete Lots at their sole discretion.
19. Bidder acknowledges that an Auction Site is a potentially dangerous place. Flammable, noxious, corrosive and pressurized substances are present, heavy equipment is being operated, and electric circuits may be live. Every person at the Auction Site before, during, and after the auction sale shall be deemed to be there at his/her own risk, with notice of the condition of the premises, the activities on the premises, and the conduct of third parties and the Bidder shall so advise his agents and employees. No person shall have any claim against United Country Bonnette Auctions, their agents, employees or principals for injuries sustained nor for damages to or loss of property which may occur from any cause whatsoever.
20. These Terms of Sale may not be amended except by agreement in writing signed by United Country Bonnette Auctions and the respective Purchaser, or by any special announcements made at the time of the sale.
21. In addition to these Terms of Sale, the Bidders and Purchasers agree to the Terms and Conditions that govern the use of United Country Bonnette Auctions Services as defined on United Country Bonnette Auction's website at www.bonnetteauctions.com, and those additional terms posted and announced at the auction and included with the Purchaser's Buyer's Catalog and invoice.
22. Bidders and Purchasers agree that Terms and Conditions posted on www.bonnetteauctions.com must be accepted, without modification, before you may access United Country Bonnette Auctions Services or bid at a United Country Bonnette Auctions auction. By accessing or using United Country Bonnette Auctions Services or www.bonnetteauctions.com or by registering as either a Buyer or Seller, you agree that (1) you have read the Terms and Conditions, (2) you understand the Terms and Conditions, and (3) you are bound by the Terms and Conditions in your use of United Country Bonnette Auctions Services and www.bonnetteauctions.com.
23. If any provision of this Agreement 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.
IMPORTANT ENVIRONMENTAL NOTICE TO ALL BUYERS AND REMOVAL COMPANIES
Additional Terms of Sale & Removal
As a registered bidder or represented rigging company performing removal services for buyers at this auction sale, you are being asked to sign a copy of this document to acknowledge your receipt of and agreement with the following additional terms of sale relating to removal of equipment from the premises. These terms are in addition to terms included on the reverse side of your invoice, and your participation in the auction constitutes your acceptance of these terms. You should review these terms before bidding for the assets or undertaking any dismantling, rigging, removal, loading, and transportation of any purchased items (“Removal”).
All successful bidders (“Buyers”) and those engaged to assist them in Removal, including rigging contractors and their subcontractors, (“Contractors”), agree with, United Country Bonnette Aucitons, to the following terms:
REPRESENTATIONS OF MERCHANTABILITY:
NO WARRANTIES, EXPRESS OR IMPLIED, ARE GIVEN BY SELLER WITH RESPECT TO THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OF NON-INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, ALL OF WHICH ARE HEREBY SPECIFICALLY DISCLAIMED.
NOTICE OF THE EXISTENCE OF ENVIRONMENTAL HAZARDS:
Buyers and Contractors entering this auction site are hereby notified and made aware that this was a former paper manufacturing mill. The equipment used in this process has been exposed to various chemicals and substances, many of which are considered hazardous. The pipes, tanks and drives also may contain residue of various chemicals used in the manufacturing process.
Buyers and Contractors must fully comply with all safety, health and environmental regulations when they remove items purchased.
Buyers and Contractors will, at their own expense, obtain and maintain in force the following insurance:
Workers’ Compensation – Statutory; Employer’s Liability – Coverage limits in accordance with the laws of the State of Louisiana.
Comprehensive General Liability - Bodily injury and property damage with limits of $2,000,000 combined single limit each occurrence, listing Sellers as Additional Insureds/Loss Payees. Coverage must extend to any and all claims of injury, death, property damage or destruction arising from the operation of any structural work law or similar law or from the use of scaffolds, hoist cranes, stays, ladders, supports or other mechanical contrivances, regardless of how caused.
Buyers and Contractors will provide Sellers with proof of said coverage before undertaking any Removal. Contractors shall require that any subcontractors they employ carry, at a minimum; the same insurance set forth above and provide proof before such subcontractors begin removal.
INDEMNIFICATION OF SELLER AND AUCTIONEER:
Buyers and Contractors will indemnify, defend and hold harmless Sellers, and Sellers’ officers, directors, shareholders, employees and representatives (collectively, the “Seller Indemnified Parties”) from and against any and all claims, demands, actions, causes of action, suits, third party claims and suits, damages, or penalties, including reasonable attorneys fees and litigation costs (collectively ”Claims and Damages”), resulting from or arising in any manner on account of or by reason of (i) death or injury to any person or loss or damage to any property; (ii) the release or threatened release of any hazardous substance, pollutant, contaminant or other regulated material (whether at the Premises or any other location); or (iii) the violation of any applicable Environmental and Safety Laws, which may occur as a result of or in connection with the removal, transportation, use, maintenance, storage, operation or ownership of the Equipment or the performance of any of Buyers’ and Contractors’ responsibilities set forth herein by Buyers and Contractors, or by any successor in interest to or any assignee of Buyers or any subsequent purchaser of the Equipment, and arising from any acts or omissions of Buyers and Contractors, Buyers’ and Contractors’ buyers, or its invitees to the Premises, or their respective employees or subcontractors; or the removal, transportation, treatment, recycling or disposal of any materials for which Purchaser is responsible.
Buyers and Contractors agree that this indemnity obligation includes any Claims and Damages involving or relating to (a) any employee, agent, servant, or subcontractors of the Buyers and Contractors or any other person, firm or entity, including any death or injury suffered or incurred while in or on the premises, however any such injury or death may be caused and whether or not it may have been caused or may be alleged to have been caused by any act or omission, whether negligent or otherwise, of any Seller Indemnified Party or by the condition of the Premises or otherwise; and (b) any injury or damage, including, but not limited to any environmental damages to the premises, caused by or resulting from the negligent Removal of items purchased.
COSTS AND CONDITIONS OF REMOVAL:
Buyers and Contractors agree to pay all costs and expenses relating to the safe and lawful Removal of items purchased. Purchaser agrees that time is of the essence with regard to the Removal and to follow the scheduled terms of removing the items purchased from the plant below.
Buyers and Contractors agree that all Removal shall be in accordance with any and all applicable federal, state and local statutes, laws, regulations, ordinances, orders, common law, and similar provisions currently in existence and applicable and having the force or effect of law, concerning public health or safety, worker health or safety, pollution or protection of the environment.
RIGHT OF ABANDONMENT AND AFFIRMATION OF LIABILITY:
Notwithstanding the foregoing, BUYERS SHALL NOT BE REQUIRED to remove any item purchased that contains hazardous materials or any Equipment, the Removal of which from the premises, would require environmental remediation of the premises. If Buyer chooses to remove any item purchased that contains environmentally hazardous materials, BUYER MUST EITHER EMPLOY (AT BUYER’S EXPENSE) ONE OF THE LISTED PRE-QUALIFED RIGGERS AND ACCEPT LIABLITY FOR COMPLIANCE WITH APPLICABLE LAWS, OR ABANDON THE ITEM PURCHASED. Any and all Equipment not removed from the Premises by December 31, 2012 shall be deemed abandoned by the Buyer. All deposits and additional funds paid on account by Buyer are non-refundable; Buyers will not receive any refund if items purchased are abandoned.
TIMING AND DETAILS OF REMOVAL:
- 1. NO MERCHANDISE MAY BE REMOVED WHILE THE SALE IS IN PROGRESS!!!
1.1. Buyer will have until December 31, 2012 to have their items removed from the mill, unless arrangements are made with property owner.
- All non-papermaking equipment must be removed by Monday, September 10, 2012 unless other terms have been agreed to by Sellers. All other items will be removed by Contractors approved by Sellers in a timely manner.
- Buyers of transformers supplying power to the buildings will not be allowed to remove their purchases until power is no longer required from that transformer. Sellers are providing the necessary labor to ensure that all transformers are de-energized. Buyers are not allowed to do any of the electrical disconnects; this will be performed by Sellers’ authorized contractor only. All power will be disconnected immediately following the auction. All future electrical needs will need to be supplied by the buyer.
- 4. The electric wiring and process piping must be safely disconnected at the first connection joint before Removal of items purchased.
- Should any pits or opening in the floor or hazard of any type exist after any Removal, Buyers and Contractors are responsible for safeguarding these areas using generally accepted safety practices such as safety tapes, pipes or bars welded in place, or suitable safety barriers, consistent with OSHA standards.
- All floor bolts and/or anchoring fasteners remaining after equipment is removed, must be cut flush to the floor and sanded smooth by Buyers and Contractors and the area left broom clean.
- If machines are to be staged for loading, the staging area must be approved by Sellers.
- Buyers and Contractors must clean up any hydraulic fluid or oil leaks. The Buyers and Contractors will not be allowed to remove any items purchased if this cleanup is not completed to the satisfaction of Sellers. The cost of any cleanup that must be completed by Sellers will be billed to the Buyers and Contractors at full cost plus an additional penalty of $1,000.
- Buyers and Contractors will NOT disconnect any electrical power to the machines. Sellers’ personnel or its assigns will be responsible for the disconnection of all electrical power. No items with an electrical connection shall be removed without the approval of Sellers. All power will be disconnected immediately following the auction. All future electrical needs will need to be supplied by the buyer.
10. No trucks are to be left running in an enclosed building.
11. Sellers are not liable for any equipment and tools left on premises by the Buyer/Rigger.
12. Buyers and Contractors may only use available bridge cranes and hoists if they provide Sellers with proof of suitable crane insurance. If the cranes are unavailable, Buyer or Contractor will provide a temporary mobile lift at their expense.
13. Any wall or roof panel removed by Buyers and Contractors for the relocation of any equipment must be replaced and repaired in a workman-like manner at the Buyers’ and Contractors’ expense. The building must be restored to its original state.
14. Any surface or structural damage created by the Buyers and to the walls, ceilings, floors, overhead doors, gates, etc. will be the Buyers’ and Contractors’ responsibility. Buyers and Contractors will not be permitted to remove items purchased by them until repairs are made.
15. Theft will not be tolerated, and Sellers reserve the right to inspect all trucks and tool boxes of Buyers and Contractors. Instances of theft will result in immediate termination of removal privileges and prosecution to the full extent of the law.
16. Buyers and Contractors must present the original copy of the customer’s paid invoice to authorized auction personnel prior to Removal of any item purchased.
17. All purchases must be removed by the date announced by auctioneer at sale or as indicated in the catalog. At Sellers’ option, Buyers may be held responsible for storage and removal fees for purchases left on premises after removal dates, or the plant owner may deem the items “Abandoned” and dispose of them in any manner it chooses.
18. Buyers and Contractors accept full responsibility for and agree to exercise all reasonable care to insure that there is no release into the environment of any hazardous wastes or substances as are defined in applicable Federal, State and Local Statutes, Regulations, Rules or Ordinances.
19. Sellers and any authorized security personnel reserve the right to refuse admittance to anyone for any cause, or remove anyone from the auction area and/or premises for any reason. No children will be permitted. No alcoholic beverages or illegal drug and/or smoking is, or will be, allowed on the premises at any time.
20. Buyers are responsible for removal of all purchased items. This responsibility cannot be assigned to subsequent purchasers.
21. Access to the premises shall be provided to Buyers and Contractors during normal business hours 8 a.m. to 5 p.m. CST, Monday through Friday, except national or state holidays (“Normal Access Times”). Buyers and Contractors may obtain access to the premises at other times only with the prior approval of Sellers’ designated agent, which approval shall be at Sellers’ sole discretion. Any Buyers and Contractors seeking access to the premises at other times shall submit to Sellers’ designated agent a request for such access at least 48 hours in advance.
22. Buyers and Contractors will provide notice to Sellers’ designated agent of any planned access to the Premises at least one day in advance. Buyers and Contractors may satisfy this requirement by providing to Sellers an advance schedule of access and work to be performed on the premises.
23. Buyers and Contractors may not commence Removal of any item for which payment in full has not been received.
24. You will receive a "paid-in-full invoice" or other proof of payment from the auction's site manager, accounting manager, or Customer Service. You must present a copy of this invoice/proof of payment to United Country Bonnette Auction’s on-site personnel prior to any removal.
The undersigned Buyer or Rigger/Contractor of machinery, equipment, buildings or other property (collectively, the “Assets”), hereby acknowledges that the Assets are sold “AS-IS”, “WHERE-IS”, WITH ALL FAULTS, without representation or warranty, either express or implied, of any kind; and that the Assets may contain hazardous materials and that the removal of the Assets may release hazardous materials. The undersigned hereby indemnifies and holds harmless United Country Bonnette Auctions Incorporated, as well as either company’s directors, officers, employees, representatives, affiliates, agents and assigns, against any loss, costs, damages or expenses arising from any asbestos or other hazardous materials contained in the Assets or released by the removal of the Assets.
I AGREE IN FULL TO THE TERMS ABOVE IN ORDER TO RECEIVE A BIDDER NUMBER.
Buyer/Rigger Contractor Date