DYERSBURG ELEVATOR CO. ONLINE AUCTION

Commercial Auction in 300 PRESSLER ROAD, Dyersburg, Tennessee, United States

21 Monday
21st September, 2020
Alexander Auctions & Real Estate Sales

DYERSBURG ELEVATOR CO. ONLINE AUCTION

Commercial Auction in 300 PRESSLER ROAD, Dyersburg Tennessee, United States

Monday at - 21st September , 2020

Notes

DYERSBURG ELEVATOR COMPANY LIQUIDATION ON-LINE ONLY AUCTION BIDDING ENDS – MONDAY – SEPTEMBER 21st, 2020 – 10 A.M. 300 PRESSLER ROAD DYERSBURG, TN 38024 Marianna Williams, Receiver ALL BIDDERS MUST REVIEW THESE AUCTION TERMS AND CONDITIONS AND AGREE TO ENTER BIDS ACCORDING TO THESE TERMS AND CONDITIONS. 1. THE PROPERTY LISTED AND DESCRIBED ON THE ATTACHED LIST WILL BE OFFERED UNDER THE FOLLOWING TERMS AND CONDITIONS OF SALE, WHICH TERMS AND CONDITIONS OF SALE AND DESCRIPTIONS OF ITEMS LISTED ON THE ATTACHED, MAY BE AMENDED, UPDATED OR ALTERED AT THE TIME AND DURING THE SALE BY THE AUCTION COMPANY. 2. THESE TERMS AND CONDITIONS OF SALE AND ANY ANNOUNCEMENTS FROM THE AUCTION COMPANY SHALL BE BINDING ON ANY BIDDER, WHETHER PRESENT, REPRESENTED BY AN AGENT OR ABSENTEE BIDDER. BUYERS ARE BOUND BY THESE TERMS AND CONDITIONS OF SALE. 3. TERMS OF SALE: ALL PROPERTY IS SOLD “AS-IS’ AND ‘WHERE-IS’ AND NEITHER ALEXANDER AUCTIONS & REAL ESTATE SALES NOR THE SELLER MAKES ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND OR NATURE WITH RESPECT TO THE PROPERTY BEING SOLD. IN NO EVENT SHALL ALEXANDER AUCTIONS & REAL ESTATE SALES OR THE SELLER BE RESPONSIBLE FOR THE CORRECTNESS OF OR BE DEEMED TO HAVE MADE ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, FITNESS FOR PURPOSE, DESCRIPTION, SIZE, GENUINENESS, YEAR OF MANUFACTURE, ATTRIBUTION, PROVENANCE OR CONDITION CONCERNING THE PROPERTY OR ANY WARRANTY THAT ANY ITEM COMPLIES WITH ANY APPLICABLE FEDERAL OR STATE LAWS. NO STATEMENT SET FORTH IN THE ATTACHED LIST OR MADE AT THE SALE OR IN THE BILL OF SALE OR INVOICE OR ELSEWHERE, WHETHER ORAL OR WRITTEN, SHALL BE DEEMED SUCH A WARRANTY OR REPRESENTATION OR AN ASSUMPTION OF LIABILITY. ALEXANDER AUCTIONS & REAL ESTATE SALES MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY OF THE DESCRIPTIONS OR REPRESENTATIONS WHICH WERE PROVIDED BY THE SELLER AND ARE LISTED ON THE ATTACHED OR AS TO THE CONDITION OF THE ITEM. 4. CONDITIONS OF ITEMS SOLD: ALL INFORMATION IS BELIEVED TO BE ACCURATE, HOWEVER THE AUCTIONEER SHALL NOT BE RESPONSIBLE FOR THE CORRECT DESCRIPTION, AUTHENTICITY, GENUINENESS OF OR DEFECT IN ANY LOT, AND MAKES NO WARRANTY IN CONNECTION THEREWITH. NO ALLOWANCES 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 BEING EXPOSED FOR PUBLIC EXHIBITION ARE SOLD "AS IS” AND WITHOUT RECOURSE. 5. VEHICLES LOCATED ON-SITE AT 300 PRESSLER ROAD and HWY. 51, DYERSBURG, TN 38024. 6. IN THIS AUCTION, THE “EXTEND ALL BIDDING” FEATURE APPLIES. THE EXTENDED FEATURE ALLOWS ALL LOTS TO REMAIN OPEN UNTIL THERE ARE NO MORE RAISES WITHIN THE LAST 5 MINUTES. 7. EXTENDED BIDDING: EACH TIME A BID IS PLACED IN THE FINAL FIVE (5) MINUTES OF THE AUCTION, THE AUCTION ENDING TIME FOR THE ENTIRE AUCTION WILL BE AUTOMATICALLY EXTENDED FIVE (5) MINUTES FROM THE TIME THE BID WAS PLACED ON ANY LOT. EXAMPLE: IF AN AUCTION IS SCHEDULED TO END AT 1 P.M. AND RECEIVES A BID AT 12:59 P.M., THE CLOSE TIME OF THE AUCTION AUTOMATICALLY EXTENDS TO 1:05 P.M. THE AUTO-EXTEND FEATURE REMAINS ACTIVE ON ALL LOTS UNTIL NO FURTHER BIDS ARE RECEIVED WITHIN A FIVE-MINUTE TIME FRAME. 8. ON-LINE BIDDING: A 10% BUYER’S PREMIUM WILL BE ADDED TO THE PURCHASE PRICE OF EACH ITEM TO REACH THE TOTAL SALES PRICE. 9. ALL PROSPECTIVE BIDDERS ARE REQUIRED TO PRE-REGISTER FOR A BIDDING NUMBER AND GIVE EVIDENCE OF THEIR CREDIT-WORTHINESS. 10. ON-LINE BIDDERS: PAYMENT FOR ALL VEHICLES, EQUIPMENT, TRAILERS AND PERSONAL PROPERTY REQUIRES CASH OR A WIRE TRANSFER. 11. ON-LINE BIDDERS: YOUR CREDIT CARD WILL BE CHARGED IMMEDIATELY FOLLOWING THE AUCTION FOR ITEMS UNDER $500.00 TOTAL WHEN CREDIT CARDS ARE ACCEPTED PAYMENT. 12. PAYMENT: BUYER AGREES THAT ALL PURCHASES MUST BE PAID IN FULL NO LATER THAN SEPTEMBER 23RD, 2020 BY 5 P.M. ALL PAYMENTS ARE TO BE MADE IN U.S. CURRENCY BY CASH, CASHIER'S BANK CHECK, CERTIFIED BANK CHECK, OR PERSONAL CHECK WITH IRREVOCABLE LETTER OF GUARANTY IN FAVOR OF ALEXANDER AUCTIONS & REAL ESTATE SALES, REQUIRED OF ALL PURCHASERS NOT PERSONALLY KNOWN BY THE AUCTION COMPANY. PURCHASERS WHO WISH TO PAY BY PERSONAL CHECK MUST BE CLEARED BY ALEXANDER AUCTIONS & REAL ESTATE SALES OR BY THE SELLER. 13. ALEXANDER AUCTIONS & REAL ESTATE SALES DOES NOT TOLERATE ANY EXCUSES FOR A CHECK THAT DOES NOT CLEAR. PERSONAL CHECKS ARE ACCEPTED FROM PEOPLE WHO WE HAVE APPROVED AND WE EXPECT THESE CHECKS TO CLEAR THE BANK IMMEDIATELY. 14. TO BE AN APPROVED ON-LINE BIDDER AT THIS AUCTION YOU MUST HAVE A VALID VISA OR MASTERCARD CREDIT CARD ON FILE. FOR PURCHASES UNDER $500.00, YOUR CREDIT CARD ON FILE WILL BE CHARGED IMMEDIATELY FOLLOWING THE AUCTION FOR THE FULL AMOUNT OF THE WINNING HAMMER PRICE, PLUS PREMIUMS, PLUS SALES TAX ON ALL ITEMS SOLD SUBJECT TO CREDIT CARD PAYMENT. SHIPPING WILL BE CHARGED AFTER ITEM(S) ARE PACKED. IF YOUR CREDIT CARD IS DENIED THERE WILL BE A $30.00 CHARGE. 15. ALL ITEMS PURCHASED ARE TO BE PICKED UP AT THE AUCTION SITE UNLESS STATED OTHERWISE. 16. BIDDER CONTRACT: THIS BIDDER CONTRACT ENTERED INTO BETWEEN THE BIDDER WHOSE NAME IS REGISTERED AND ALEXANDER AUCTIONS & REAL ESTATE SALES SHALL GOVERN THIS AUCTION AND HE/SHE AGREES WITH THE TERMS AND CONDITIONS. ADDITIONAL TERMS WHICH MAY BE POSTED ON SITE OR POSTED ONLINE ON ALEXANDER AUCTIONS’ WEBSITE AND ARE JUST AS BINDING AS THE PRINTED TERMS AND CONDITIONS. 17. FULL PAYMENT: ALL ITEMS MUST BE PAID FOR IN FULL BEFORE ALL VEHICLES, TRAILERS, EQUIPMENT AND PERSONAL PROPERTY LEAVE THE PREMISES. NOTHING MAY BE REMOVED UNTIL IT IS SETTLED FOR. PAYMENT FOR PURCHASES MUST BE MADE BY CASH OR CASHIER’S CHECK, PERSONAL CHECK OR BUSINESS CHECK. LETTERS OF CREDIT OF GUARANTEE MUST BE FOR THIS AUCTION ONLY, ALONG WITH PROOF OF IDENTITY. BIDDER AGREES NOT TO STOP PAYMENT ON CHECKS OR DISALLOW A BANK DRAFT AND IS RESPONSIBLE FOR ANY EXPENSES DUE TO COLLECTION OF BAD CHECK. IN THE EVENT OF NON-PAYMENT OF BAD-CHECK, THE AUCTIONEER RESERVES THE RIGHT TO REPOSSESS THE MERCHANDISE INVOLVED, AT ANY TIME, AT YOUR LOCATION. 18. COMPLIANCE WITH THE TERMS OF SALE: IN DEFAULT OF PAYMENT OF BILLS IN FULL WITHIN THE TIME ANNOUNCED FOR THIS AUCTION THE AUCTIONEER 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 WITHIN THE TIME SPECIFIED HEREIN MAY BE RESOLD AT PUBLIC OR PRIVATE SALE WITHOUT FURTHER NOTICE. ANY RESULTING DEFICIENCY TOGETHER WITH ALL EXPENSES AND COSTS OF RE-SALE WILL BE THE RESPONSIBILITY OF THE DEFAULTING PURCHASER. EACH BUYER IN MAKING A BID DOES HEREWITH AGREE TO COMPLY WITH THE TERMS AND CONDITIONS AS HEREIN STATED AND AS OTHERWISE SET FORTH. THE FAILURE OR DEFAULT BY A SUCCESSFUL BUYER TO FULLY COMPLY WITH THE TERMS AND CONDITIONS HEREIN WILL BE TREATED AS AN IMMEDIATE BREACH AND THE DEPOSIT AS MADE RETAINED AND APPLIED TOWARD ANY DEFICIT IN ADDITIONAL COSTS OR CHARGES AS INCURRED TO AFFECT THE RESALE OF THAT PROPERTY AT PRIVATE OR PUBLIC SALE. THERE SHALL BE NO FURTHER NOTICE REQUIRED TO THE BUYER ONCE A DEFAULT HAS OCCURRED. THE OBLIGATION OF THE BUYER SHALL BE FOR COSTS AS INCURRED, PLUS ANY DEFICIT INCLUDED ARISING FROM THE BUYER’S DEFAULT. 19. ALL ITEMS ARE AVAILABLE FOR VIEWING BEFORE THE ITEM IS OFFERED FOR AUCTION, AND YOU SHOULD MAKE AN INSPECTION OF THESE ITEMS BEFOREHAND SO THAT YOU ARE SATISFIED WITH THEIR CONDITION. 20. ALL PROSPECTIVE BIDDERS SHALL DETERMINE THE ACTUAL YEAR AND MODEL OF ALL VEHICLES, TRAILERS, LOADERS, LIFTS AND EQUIPMENT. 21. BIDDERS WHO BID OFF-SITE AND ARE NOT PRESENT AT THE PREVIEW UNDERSTAND AND ACKNOWLEDGE THAT THEY MAY NOT BE ABLE TO INSPECT AN ITEM AS WELL AS IF THEY EXAMINED IT IN PERSON. IT IS THE BIDDER’S RESPONSIBILITY TO DETERMINE CONDITION, AGE, GENUINENESS, VALUE OR ANY OTHER DETERMINATIVE FACTOR. 22. TRUCKS AND TRAILERS TITLES: TITLES WILL BE MAILED TO THE PURCHASER WITHIN 7 DAYS AFTER FULL PAYMENT. 23. IF MARIANNA WILLIAMS, RECEIVER, DETERMINES THAT A CLEAR TITLE CANNOT BE PROVIDED ON A VEHICLE OR TRAILER (UNLESS SAID VEHICLE OR TRAILER IS SOLD AS SALVAGE) TO THE BUYER, THE BUYER WILL BE REFUNDED THEIR FULL PAYMENT. 24. ALEXANDER AUCTIONS & REAL ESTATE SALES IS PROVIDING INTERNET AUCTION BIDDING AS A SERVICE TO BIDDER. BIDDER ACKNOWLEDGES AND UNDERSTANDS THAT THIS SERVICE MAY OR MAY NOT FUNCTION CORRECTLY THE DAY OF THE AUCTION. UNDER NO CIRCUMSTANCES SHALL BIDDER HAVE ANY KIND OF CLAIM AGAINST ALEXANDER AUCTIONS & REAL ESTATE SALES OR ANYONE ELSE IF THE INTERNET SERVICE FAILS TO WORK CORRECTLY BEFORE OR DURING THE LIVE AUCTION. ALEXANDER AUCTIONS & REAL ESTATE SALES WILL NOT BE RESPONSIBLE FOR ANY MISSED BIDS FROM ANY SOURCE. INTERNET BIDDERS WHO DESIRE TO MAKE CERTAIN THEIR BID IS ACKNOWLEDGED SHOULD LEAVE THEIR MAXIMUM BID 24 HOURS BEFORE THE AUCTION BEGINS. 25. THE EXTERIOR AND INTERIOR CONDITION OF THE VEHICLES AND TRAILERS HAVE BEEN MADE BY VISUAL OBSERVATION AND PICTURES TO OFFER YOU AN IDEA OF THE CONDITION. 26. INFORMATION INCLUDED ABOUT TRUCKS, TRACK HOE, LIFTS AND LOADERS STARTING AND RUNNING IS SUPPLIED THROUGH THE VIDEOS. 27. INFORMATION ON VEHICLES SUPPLIED FOR ITEMS WITHOUT VIDEOS ARE ASSUMED TO NOT RUN. ADDITIONAL INFORMATION IS OFFERED BY INFORMATION SUPPLIED BY FORMER EMPLOYEES AND A LOCAL MECHANIC. SOME TRUCKS TURN OVER WITH A BOOST BUT DO NOT START. MECHANIC BELIEVES SOME OF THESE MAY HAVE AN ELECTRICAL PROBLEM; HOWEVER, THEY HAVE NOT BEEN CHECKED TO REPAIR. 28. NO WARRANTY OR GUARANTY IS INCLUDED AS TO THE OPERATIONAL CONDITIONS OF ANY VEHICLE, TRACTOR, TRACK HOE, FORKLIFT, LOADER OR TRAILER. 29. ALL SALES ARE FINAL. ALL PURCHASERS ARE RESPONSIBLE FOR THE ITEM UPON THE FALL OF THE HAMMER. FALL OF THE HAMMER IN THIS ON-LINE AUCTION SHALL BE WHEN THE BIDDING ENDS AND THE FINAL BIDDER BECOMES THE WINNER. ALEXANDER AUCTIONS & REAL ESTATE SALES WILL NOT ACCEPT ANY MER

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