Phenix Transportation, Inc.
United States Bankruptcy Case
NO - 18-04761-NPO
Thursday, September 12, 2019
@ 12:00 Noon
2614 MS -501
Forest, MS 39074
Items Featured In This Auction:
|2016 Peterbilt 389 Truck |
2015 Peterbilt 389 Truck
(4) 2016 Wilson Livestock Trailers
(2) 2015 Wilson Livestock Trailers
(1) 2017 Wilson Livestock Trailer
(1) 2017 Wilson Belt Grain Trailer
2016 East Dump Trailer
2014 Chevrolet Truck
2012 Ford Truck
10% Buyer's Premium. 3% surcharge for credit card usage. Sales Tax is applicable,
Credit card and driver's license information is required at registration.
Please read complete terms at registration.
GENERAL TERMS OF THE PERSONAL PROPERTY AUCTION
PROPERTY IS OFFERED UNDER THE SPECIFIC TERMS PROVIDED. PLEASE READ AND REVIEW THE TERMS THOROUGHLY PRIOR TO BIDDING ON ANY PROPERTY. Following your review of these terms, do not bid if you do not agree or accept. By placing a bid, you are accepting the terms of this auction and will be held to the terms as they are presented and updated. These terms create a legal binding contract between you and Taylor Auction & Realty, Inc.
A 10% buyer premium applies to all lots sold in this auction as well as applicable sales tax. (See payment paragraph below). The hammer bid, the buyer premium and the any applicable sales tax will establish the final price.
ALL PROPERTY IS SOLD AS IS WHERE IS WITH NO WARRANTY, EXPRESSED, WRITTEN OR IMPLIED and ALL SALES ARE FINAL: Taylor Auction & Realty, Inc. has put forth every effort in preparing the catalog for this auction. All information obtained came from the seller or third party sources.
Taylor Auction & Realty, Inc. may attempt to describe the merchandise in advertising, on the internet and at the auction but makes no representations. Printed statements or descriptions by staff are provided in good faith and are matters of opinion. In no event shall Taylor Auction & Realty, Inc. be held responsible for having made or implied any warranty of merchant-ability or fitness for a particular purpose. Bidder shall be the sole judge of value. Bidders who bid from off-site understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. Taylor Auction & Realty, Inc. will not be responsible for any errors or omissions in the description of the merchandise. Bidder agrees that everything is sold as is and that they may not return any item they purchase.
Items may be inspected at the site. Taylor Auction & Realty, Inc. provides ample opportunity for an inspection. Inspection Dates and Removal Dates will be detailed in an information lot on the catalog.
In order for us to have enough time to conduct authorizations, it is encouraged that your register and bid early. Waiting till the last minute to register and or become comfortable with the system could negatively affect your bidding. We encourage you to register at least 24 hours in advance of the auction.
In order to better serve our customers, all bidders must provide their name, address, daytime phone number or cell number, credit card information and email address at which they can be contacted. This is to insure good communication between Taylor Auction & Realty, Inc. and the bidder throughout any transactions. Each bidder's identity will be verified. Bidding rights are provisional, and if complete verification is not possible, Taylor Auction & Realty, Inc. will reject the registration, and bidding activity will be terminated.
Our on-line auctions move quickly! If you are interested in bidding, bid quickly, especially at the close of the bidding time. The bidding software will notify bidders by email when they have been outbid. Bidders may also find out if they have been outbid by refreshing the individual lot information or the entire screen. Due to varying internet connections speed, please place a max bid or constantly monitor the auction at close of bidding. Sometimes email notifications can be delayed. If you win you will be notified by email. It is recommended that you watch the auction at the extended bidding time session to make sure you are the high bidder.
Online Auctions are shared among the MarkNet Alliance Group and at marknetlive.com. By placing a bid, you agree to all of the terms and conditions which may be set forth by each individual auction company and expressly acknowledge and affirm that you have read and are familiar with the terms and conditions of each individual auction company as well as each terms and conditions of each individual auction. The Auctioneer Auction Company has the sole discretion to advance the bidding and may reject any and all bids which in the Auctioneers sole discretion does not advance and or injurious to the auction, including but not limited to minimal suspicious and/or suspect advances. The Auctioneer shall have sole discretion in deciding the successful bidder in the event of a bidding dispute. By placing a bid, you acknowledge that your bid is a legally binding offer to purchase the item property being auctioned. Times shall be of the essence. Taylor Auction & Realty, Inc. reserves the right to update, lower bids, withdraw bids or re-catalog items in this auction. Winning high bidders are notified by email when all items in the auction have closed. Bidders are responsible for checking their email to receive notification that they have won a lot(s).Auction company employees and/or Auction Company may bid on auction for absentee bidders or at the direction of interested and approved bidders who refuse to create an online account but desire to bid at the auction. Auction company employees may bid on auction items for personal consumption.
AUTO EXTEND AUCTION: This auction has what is called an auto extend feature, meaning the auction will not close until all bidding parties are satisfied. If any bids are placed within the last 5 minutes of the auction, the bid on lot(s) will extend for 5 minutes. The bidding will extend in 5 minute increments from the time the last bid is placed until there are no more bids, and the lot sits idle for 5 minutes. If you have questions please call us 662-226-2080.
Internet bidders who desire to make certain their bids are acknowledged should use the internet bidding feature and leave their maximum bid. When you bid your max, the current bid price does not automatically go to your max bid. Someone else has to bid to increase the current price and the computer will automatically bid up to your max in the increments specified. Max bids are taken in the order of date and time placed.
BROWSER INFORMATION: Google Chrome and Mozilla Firefox is the preferred Internet Browser for our bidding platforms. Because Microsoft is phasing out support for Internet Explorer 8, 9 and 10, bidders are more likely to have issues with Internet Explorer when using our website.
REFRESH YOU SCREEN:
It is best to periodically refresh your screen. To refresh your screen, you need to click on `RESET CATALOG` or REFRESH ALL for the whole page to refresh or use the refresh button on your browser. This is most important at the end of the auction. Please call with any questions 662-226-2080. YOU MUST REFRESH THE SCREEN TO KEEP THE TIME ACCURATE.
TECHNICAL SOFTWARE ISSUES: NEITHER THE COMPANY PROVIDING THE SOFTWARE NOR THE AUCTION COMPANY SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON. Taylor Auction & Realty, Inc. is providing online 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 Taylor Auction & Realty, Inc. or anyone else if the internet service fails to work correctly. Taylor Auction & Realty, Inc. will not be responsible for any missed bids from any source.
Time Increase or Decrease: In the event there are technical difficulties related to the server, software or any other online auction-related technologies, Taylor Auction & Realty, Inc., reserve the right to extend bidding, continue the bidding, or close the bidding or increase of decrease the extended time amount at the end of the auction.
INVOICES: Winning/ high bidders are notified by email when all items in the auction have closed. Bidders are responsible for checking their email to receive notification that they have won a lot(s).
PAYMENT and REMOVAL TERMS:
If you are picking up at the location site, check or cash is preferred at removal. All accounts must be settled at the conclusion of the auction and within 48 hours. We request Payment made in full at the end of the auction or on removal day(s). We also accept Cashier's Checks, Wire Transfer, Visa, American Express, MasterCard and Discover. We prefer Cashier's Checks or Wire Transfer ($25 wire fee is applicable) if payment is over $5000.00. Visa, American Express, MasterCard and Discover can also be utilized for amounts less than $1000.00. No credit card charge backs allowed. Bidders are charged a 10% Buyers’ Fee. Credit Card Usage is an additional 3%. Applicable SALES TAX is CHARGED. Sales tax on vehicles with titles are paid by the purchaser at their county tax office. Any vehicles or trailer that state bill of sale only will be applicably taxed.
Resale Tax Permits are allowed and accepted after verification of permit number and a copy is provided at checkout. Any buyer that pays over $10,000.00 in cash payments will be required to verify personal information for completion of IRS Form 8300.
Photo Identification must be presented by the registered buyer to initiate the payment process if unknown to our staff. Payment on each lot must be made by the successful registered bidder for that specific lot. All credit cards presented by the buyer must have been issued to the buyer or the business the bidder registered to represent at the auction. Credit card payment must show an exact match to be accepted Electronic bank transfers for final payment of purchases must originate from an account of the registered buyer or the business the buyer represents. The transfer must include the bidder number and the invoice number.
DECLINED CREDIT CARDS or RETURNED CHECKS:
Any bidders with credit cards declined on reconciliation day or who write us an insufficient check are black-flagged from our system.
RETURN CHECK POLICY
If Taylor Auction & Realty, Inc. receives a returned check; the buyer agrees to pay a $30 returned check fee. Buyer will either agree to pay via certified funds for the entirety of the returned check plus $30 or return the merchandise. If buyer returns the merchandise, they are responsible for paying commission for selling the merchandise, paying the difference in the amount owed after it sells & any other expenses incurred from the resale of the items. If buyer defrauds Taylor Auction & Realty, Inc. with a defaulted check and is still in possession of the merchandise, Taylor Auction & Realty, Inc. will seek proper legal means to prosecute to the fullest extent for punitive and compensatory damages.
Arrangements in regard to payment and removal must be detailed to Taylor Auction & Realty, Inc. after receipt of the invoice. Please be aware of the removal dates listed on the auction catalog as well as the auction details page. Buyers are to satisfy themselves as to condition prior to bidding. At removal, it is the buyers' responsibility to verify with staff the lot purchased in the presence of a Taylor Auction & Realty, Inc. employee before removing from the premises. We will not be held responsible for any issues discovered after the items(s) leave the auction location. Bidder agrees that everything is sold as is and that no return or refund will be granted on any item they purchase. Taylor Auction & Realty, Inc. will not be held accountable for buyer's additional expenses such as loading cost, commission, transportation, mechanical repair fees.
Our staff is limited. Therefore when you purchase large items, please bring enough help. Our staff is here to assist you anyway we can - locating items, grouping items, shipping and handling services at buyer's expense. However, Auction Company assumes no responsibility on loading of buyers items and buyer holds Auction Company harmless in all loading assistance. Taylor Auction & Realty, Inc. is not participating in removal assistance just location services and is not responsible for any accidents. Items left are at the risk and responsibility of the buyer.
If you are an OUT OF STATE bidder and are the successful purchaser on a 48 hour drive out item or a freighted item; please complete a certificate of interstate sales and bring at removal. This form is required by the Mississippi State Tax Commission for out- of- state buyers in regard to exemption of Mississippi Sales Tax on only certain qualified items. Whether you qualify or not to use this certificate will be determined by Taylor Auction & Realty, Inc. the seller. This form is submitted to the Ms. Dept. of Revenue and then sent to your state for payment of sales tax. Small items are subject to Mississippi Sales Tax.
Download the Certificate of Interstate sales from the website below: http://www.dor.ms.gov/Forms/sales_72315.pdf
CARRIER SERVICES: Taylor Auction & Realty, Inc. will assist the carrier that the buyer employs for freight services. Buyer must inform the auction firm of freight arrangements.
ITEMS NOT PICKED UP:
Any item not picked up on the day(s) established for removal, your credit card will automatically be charged for the invoice amount plus any applicable storage handling fees. If your credit card will not process and you refuse to honor your bid, you will be blocked from the system. If you are unable to make the removal dates, please inform us at (662-226-2080) and we will work with you if possible. However, this auction has strict removal dates. If buyer does not pick up items or make payments up to date on merchandise, the buyer is blocked for all MarkNet auctions. This includes all auction companies that are a part of the MarknetAlliance Organization www.marknetalliance.com. This means, you will not be able to bid on any online auction of auction companies associated with Marknet Alliance.
If any Items are paid for but not removed from the auction location within the established removal time, Taylor Auction & Realty, Inc. has no further obligations to the purchaser who did not meet the removal terms. Items are left at the discretion of the winning buyer/purchaser and Taylor Auction & Realty, Inc. bears no responsibility to items remaining at the location after specified removal dates.
SOLE AND EXCLUSIVE VENUE & JURISDICTION OF ALL DISPUTES: Any and all claims, including debt collection and all other disputes of any kind, nature, or character whatsoever arising from this auction sale shall be brought in the appropriate court of Grenada County, Mississippi, and shall be governed by the laws of the State of Mississippi; Seller, Bidder and Buyer each individually and collectively by virtue of participating in the Auction conducted by Taylor Auction and Realty, Inc. do hereby irrevocably agree to submit themselves and any claims to the jurisdiction and venue of the courts of Grenada County, Mississippi, and the laws of the State of Mississippi, which shall be the sole venue and jurisdiction for the resolution of any claims between them and Taylor Auction and Realty, Inc. regardless of the nature or location of the property sold or purchased or the physical location of the Auction. The successful purchaser agrees to pay any and all reasonable attorney fees and costs incurred by the Auction Company, the seller and / or their servants, agents or employees in the commencement or defense of any actions hereunder as well as in the collection of any obligations hereunder. The purchaser agrees that a fee of 2% per month be added to the balance of any unpaid balance due the Auction Company and any other costs or losses incurred by the purchasers’ failure to adhere to these terms.
HOLD HARMLESS: Buyer and or bidder agrees that Taylor Auction and Realty, Inc. is a representative of the Seller and agrees to hold harmless and indemnify Taylor Auction & Realty, Inc. and its Agents, Owner, Directors, Employees and its Representatives from any and all claims, demands, expenses, damages which bidder/buyer may claim on account of or any way growing out of said auction and to look solely to the Seller for any remedy demanded.
Bidder Acknowledgment: Bidder acknowledges that no relationship of any nature or type, agent, employee, independent contractor or otherwise is created between bidder and auctioneer, affiliated auction companies, affiliated software companies and or any servant, agent or employee of the same by bidder’s participation in this auction. Bidder acknowledges and agrees that Auctioneer is acting solely as the agent for the seller in this auction.
Bidder Responsibilities: Bidder responsibilities include, but are not limited to: Bidders agree to keep their username and password confidential, as they are responsible for ANY and ALL activity involving their account. When using the web site you must obey any and all local state and federal laws. Violations will result in termination of web site use privileges. Auction company employees and or Auction Company may bid on auction for absentee bidders or at the direction of interested bidders.
Guaranty Agreement in regard to bidding for a business entity: By submitting a bid in the name of a business entity or corporation, the individual submitting the bid enters into a guaranty agreement whereby he or she personally guarantees payment to Taylor Auction & Realty, Inc. and completion of the transaction.
By bidding on any item, the bidder shows acceptance of the terms of the auction.
Reasonable Accommodation: Taylor Auction & Realty, Inc. as an employer and professional service organization which has no intention to discriminate on the basis of disability or other legally prohibited basis. We are an affirmative action, equal opportunity employer and service provider. Our decisions are made without regard to race, color, religion, sex, disability, sexual orientation, gender identity, national origin, veteran status, or genetic information. Accommodations are made in regard to hiring employees or assisting clients or customers in regard to our services unless the accommodation will impose an undue hardship.
Requests for reasonable accommodations should be directed to Ruthie Taylor @ [email protected]
Taylor Auction & Realty, Inc.
INFORMATION IS SUBJECT TO CHANGE
Announcements in the form of updated terms posted on the website will take precedence over any prior viewed terms at registrations, previously material or any other oral statements made. Please view the terms periodically for any changes.