These are the complete Terms and Conditions on which all equipment is offered for sale, subject to amendments and modifications announced by the Auctioneer at the time of the auction and posted on the auction website. By bidding in this auction, prospective bidders agree to be bound by and comply with the following Terms & Conditions and acknowledge and agree that they are being allowed to participate at this auction in reliance on such agreement. 1. Thank you for participating in this online auction. 2. REGISTRATION. By registering you represent and warrant that any and all Buyer information is correct. Auctioneer reserves the right to deny any registered bidder at any time at its sole discretion without notification. 3. INSPECTIONS: Bidders may inspect the offerings on the following dates/locations: TILTON FITNESS BRICK located at 1686 NJ-88, Brick Township, NJ 08724 Saturday August 29th and Sunday August 30th from 10AM to 1PM. TILTON FITNESS JACKSON located at 27 S Cooks Bridge Rd, Jackson Township, NJ 08527 Saturday August 29th and Sunday August 30th from 2PM to 4PM. TILTON FITNESS MANAHAWKIN located at 700 S Main St, West Creek, NJ 08092 Friday, August 28th from 11AM to 3PM. No minors will be allowed to the site at any time. 4. AS-IS WHERE-IS SALE. ALL SALES ARE FINAL, ON AN "AS IS WHERE IS", "IN PLACE" "WITH ALL FAULTS" BASIS WITH NO CONDITIONS OR WARRANTIES WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS AS TO TITLE, DESCRIPTION, FITNESS FOR ANY PURPOSE, QUANTITY, QUALITY, MERCHANTABILITY, STATE, CONDITION, LOCATION OR OTHERWISE. NO SALE SHALL BE INVALIDATED AND THE AUCTIONEER SHALL HAVE NO LIABILITY FOR A MISDESCRIPTION OF ANY ARTICLE OR LOT WHETHER CONTAINED IN A CATALOG, ADVERTISEMENT, ORAL ANNOUNCEMENT OR OTHERWISE. 5. DESCRIPTIONS. THE AUCTION CATALOG IS MERELY A GUIDE. DESCRIPTIONS HAVE BEEN PREPARED IN GOOD FAITH FOR GUIDE PURPOSES ONLY AND SHALL NOT BE RELIED UPON BY THE PURCHASER FOR ACCURACY, GENUINENESS, AUTHENTICITY OR COMPLETENESS. PLEASE INSPECT ALL ITEMS BEFORE BIDDING. PURCHASERS SHALL BE DEEMED TO HAVE RELIED ENTIRELY UPON THEIR OWN INSPECTIONS AND INVESTIGATIONS. IN ADDITION, AUCTIONEER RESERVES THE RIGHT TO ADD, ALTER, OR REMOVE ANY ITEM(S) TO OR FROM THE AUCTION AT ANY TIME. 6. PAYMENT IN FULL ? WITHIN 1 BUSINESS DAY. Invoices for payment of full amount owed will be issued promptly after the auction. All invoiced amounts must be paid in full no later than one business day after auction. TIME IS OF-THE-ESSENCE with respect to such date. NOTHING SHALL BE REMOVED FROM THE PREMISES UNLESS AND UNTIL A BIDDER HAS PAID ALL OF ITS INVOICES IN FULL. 7. FORM OF PAYMENT. No personal or business checks will be accepted unless pre-approved by Auctioneer. Only wire transfer, cashier?s checks and credit cards (up to $5,000) will be accepted. 8. CREDIT CARD FEE. Payments by way of Credit Card will only be accepted for purchases and deposits which do not exceed $5,000, subject to Auctioneer?s discretion. An administration fee of 4% shall apply to credit card purchases. If you would like to charge more on a credit card, please contact Auctioneer for special arrangements. 9. REMOVAL MUST BE DONE IN A COMMERCIALLY REASONABLE MANNER. All successful bidders and/or their agents must sign a Waiver & Release prior to any dismantling or removal which must be done in a commercially reasonable fashion. NOTE: ** "Large Items" (defined as items in excess of 100 lbs) must be dismantled and picked up by a Professional and Insured Rigging/Moving Company (proof of insurance must be provided to Auctioneer at pickup); or delivery arrangements must be made with The Fitness Resource (rates and contact information set forth below). After the time frame set forth on Auctioneer schedule of move-out dates, the Auctioneer will no longer be responsible. Please be forewarned that in the case of a default, the Auctioneer reserves the right to resell any and all unclaimed items and the defaulting bidder will not only forfeit his deposit but bear the responsibility of any shortfall in case of resale, and also all costs and expenses associated with the default as well as all auctioneer?s fees and commissions. If someone other than the registered buyer at the sale is designated to pick up those purchased assets, the buyer must contract with an independent moving/logistics firm or other representative who will dismantle, crate, pack, load and/or ship your purchased items; coordinate the removal of those purchased items to meet the time deadlines indicated by this auction. Set forth below in Section 12 is the name and contact information of an available equipment moving/rigging company, together with rates. This is being provided solely as a courtesy to our buyers, and the Auctioneer does not endorse or guarantee the services of any moving/rigging company, and cannot be held responsible for any damage, omission or other problems incurred as a result of the actions of those companies. 10. REMOVAL AT BIDDERS COST AND EXPENSE! PLEASE READ THIS SECTION CAREFULLY AND BE AWARE OF REMOVAL REQUIREMENTS, SCHEDULES AND PROTOCOLS. All items must be removed by the successful bidder at their own cost, risk and expense. The Auctioneer does not pack, ship, store, crate or rig items and there is no material handling equipment, tools or labor available at the auction site. All successful bidders must make their own arrangements. Buyers are responsible for proper dismantling or disconnection of any items. (Note for Large Items a professional moving company must be used) No allowances or adjustments of any kind will be made. As a courtesy, Auctioneer is providing the name and rates of a recommended equipment moving/rigging company ? see Section 12 below for details. 11. REMOVAL DATES: BRICK LOCATION - (A) SMALL ITEMS REMOVAL DATES (generally defined as any items under 100 lbs such as plates, dumbbells, and misc equipment that can be easily carried/wheeled out including spin bikes). Friday September 4th and Saturday September 5th between 10 AM - 4 PM. (B) LARGE ITEMS** REMOVAL DATES (items over 100 pounds): Tuesday September 8th and Wednesday September 9th, between 10 AM - 4 PM. JACKSON LOCATION - (A) SMALL ITEMS REMOVAL DATES (defined as any items under 100 lbs such as plates, dumbbells, and misc equipment that can be easily carried/wheeled out including spin bikes). Sunday September 6th between 10 AM - 4 PM. (B) LARGE ITEMS** REMOVAL DATES (items over 100 pounds): Tuesday September 15th and Wednesday September 16th between 10 AM - 4 PM. MANAHAWKIN LOCATION - ALL ITEMS REMOVAL DATES Thursday September 17th and Friday September 18th between 10 AM - 4 PM. HAZLET LOCATION - ALL ITEMS REMOVAL DATES By Appointment Only September 21st Through September 24th between 10 AM - 4 PM. 12. DELIVERY RATES AND CONTACT INFORMATION FOR MOVING COMPANY: The following rates are for contactless CURBSIDE DELIVERY within 25 miles of the gym's location. For deliveries that (i) are further than 25 miles from the location of the sale; or (ii) require "white glove? service (moving the purchased items into the house, downstairs, etc) please call Nick at the Fitness Resource 516-477-2586 to get a quote. Delivery Price list (for CURBSIDE DELIVERY within 25 miles): >> Treadmills/Ellipticals/Powermills: 1 Unit = $300 (+ $150 per additional piece) >> Recumbent Bikes/Upright Bikes/Rowers: 1-5 Units = $300 (+ $100 per additional piece) >> Smith Machine/Squat Racks/TRX S-Frame: 1 Unit = $400 >> Single Stack Selectorized: 1 Unit = $300 (+ $150 per additional piece) >> Double Stack Selectorized: 1 Unit = $400 (+ $200 per additional piece) >>Plate Loaded Equipment: 1 Unit = $300 (+ $150 per additional piece) >> Benches: 1-5 Units = $300 (+ $50 per additional piece) >> Weights (Dumbbells/Plates/Kettlebells): $.20 per lb with a $300 minimum (additional units past the $300 minimum will be $.20 per lb). Can be combined with other purchases. Contact: Nick @ the Fitness Resource of NY LLC; Phone: 516-477-2586 for more info. 13. ALL BIDS ARE FINAL. All sales shall be concluded as indicated by the Auctioneer and no Purchaser may thereafter revoke their bid. Title to the lots purchased shall not pass until payment in full of the purchase price is received. 14. BUYER?S PREMIUM. A fifteen percent (15%) buyer?s premium is in effect for all successful bidders at this auction. 15. TAXES. There is no sales tax charged for this auction. 16. AUCTIONEER FINAL ARBITER. The Auctioneer is the final judge in case of a dispute. Any announcement made by the auctioneer at the time of the auction will take precedence over any previously printed materials, including the ability to reject any and all unreasonable bids, entertain a bulk bid, mini bulk bid, and or alter bidding increments at any time. 17. BIDDER PARTICIPATION. All bidders must be at least 21 years of age. The auctioneer reserves the right to deny admission to any person to the site that the auctioneer deems to be abusive, disorderly, intoxicated or non-compliant with the terms and conditions, or a potential threat to be such. The auctioneer also reserves the right to deny registration to any online bidder at Auctioneer?s absolute discretion. In Re: Meridian Health and Wellness LLC. Final sales subject to Assignee and Court Approval.