Online Only Bankruptcy Auction
Concession Trailer & Equipment
United States Bankruptcy Court Northern District of New York
Case No. 14-11151
Tuesday, March 24, 2015 @ 12:00 Noon
10% Buyer's Premium
MS Sales Tax is Applicable
IMPORTANT INFORMATION / PLEASE READ BEFORE BIDDING.<br>
<br>
GENERAL TERMS OF THE PERSONAL PROPERTY AUCTION<br>
<br>
ALL PROPERTY IS SOLD ’AS-IS’ and ALL SALES ARE FINAL: Taylor Auction & Realty, Inc. has put forth every effort in preparing the catalog for this auction to provide accurate descriptions. <br>
<br>
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 merchantability 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.<br>
<br>
Items may be inspected at the Taylor Auction Facility. Taylor Auction & Realty, Inc. provides ample opportunity for an inspection. Taylor Auction & Realty, Inc. reserves the right to withdraw or re-catalog items in this auction.<br>
<br>
Inspection Dates: Monday - Friday 8:30AM - 5:00PM<br>
<br>
PAYMENT and REMOVAL TERMS:<br>
If you are picking up at the location site, check or cash is preferred at removal. Please let us know during the bidding process how you are paying. All accounts must be settled at the conclusion of the auction. 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. No credit card charge backs allowed. Bidders are charged a 13% Buyers Fee (3% CHECK OR CASH DISCOUNT). MS 7% SALES TAX is CHARGED, UNLESS a resale tax permit number is on file with Taylor Auction & Realty, Inc. <br>
<br>
<br>
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 he/she registered to represent at the auction. 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. <br>
<br>
DECLINED CREDIT CARDS or RETURNED CHECKS: <br>
Any bidders with credit cards declined on reconciliation day or who write us an insufficient check are black-flagged from our system.<br>
<br>
RETURN CHECK POLICY<br>
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.<br>
<br>
REMOVAL POLICY:<br>
Arrangements for removal or shipping must be made prior to the end of the sale. It is the buyers' responsibility to check the entire lot contents before removing from the premises in the presence of a Taylor Auction & Realty, Inc. employee. We will not be held responsible for damaged or missing pieces once the package is in possession of the bidder. It is your responsibility to review your purchases and their condition. <br>
<br>
ITEMS NOT PICKED UP: <br>
Any item not picked up on the day(s) of removal, will automatically be charged to your credit card. If items are not picked up, you must contact us (662-226-2080), otherwise the items are held for 7 days at a $10.00 charge per day. If you have a large amount, other charges may apply. In addition to the storage fee, the buyer is also responsible for paying labor costs to prepare your items for removal. If items are not picked up within 7 days of removal day, all items left become the sole property of Taylor Auction & Realty, Inc. & no refund is given. No leniency in regard to this policy! If buyer does not pick up items or make payments up to date on merchandise, the buyer is flagged 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.<br>
<br>
<br>
BIDDING TERMS AND BID ACCEPTANCE: All bids are subject to acceptance by the AUCTIONEER/AUCTION COMPANY. <br>
Registration: In order to better serve our customers, all bidders must provide their name, address, daytime phone number or cell number, and email address at which they can be contacted. Credit card and Driver’s License Information is required at registration also. 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. <br>
<br>
Our online 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. <br>
<br>
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 have 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 or property being auctioned. Times shall be of the essence. Taylor Auction & Realty, Inc. reserves the right to withdraw or re-catalog items in this auction. Auction company employees may bid on auction items for personal consumption. 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).<br>
<br>
EXTENDED BIDDING: <br>
This auction features EXTENDED BIDDING! Any lot that gets a bid within five minutes of its Scheduled Closing Time will remain open for bids past its normal close; it will go into extended bidding. It will remain open until there are no bids on that lot for five minutes. If you have questions please call us. <br>
<br>
This auction features EXTEND ALL BIDDING!<br>
NOTE: This feature extends the bidding for all lots on the auction. The auction will be extended for the amount of time supplied in the Auto Extend field which is 5 minutes. This behaves differently than normal Auto Extend. If the End Time is 6:00 PM, Auto Extend is set as 5, and a bid is placed 3 minutes before the end of the auction, this will only extend the auction to 6:02 PM. The actual end time shown for the auction is the end time for all items and other bidders are always given the amount of time supplied as Auto Extend to consider placing a bid. Please note, that this feature changes the actual end time of the auction and that no notification of this extension is currently given to bidders. Please, make sure that you are online at the end of this auction so you do not miss out. If you have questions please call us 662-226-2080.<br>
<br>
<br>
MAX BIDS: <br>
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.<br>
<br>
REFRESH YOU SCREEN: <br>
Please remember to REFRESH your screen to find out if you have been outbid. 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.<br>
<br>
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. <br>
<br>
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.<br>
<br>
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/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.<br>
<br>
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.<br>
<br>
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.<br>
<br>
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.<br>
<br>
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.<br>
<br>
LOCATION: These items are located at the Taylor Auction & Realty Facility. <br>
_____________________________________________<br>
By bidding on any item, the bidder shows acceptance of the terms of the auction.<br>
Benny Taylor CAI AARE CAGA<br>
Taylor Auction & Realty, Inc.<br>
INFORMATION IS SUBJECT TO CHANGE
<br>
GENERAL TERMS OF THE PERSONAL PROPERTY AUCTION<br>
<br>
ALL PROPERTY IS SOLD ’AS-IS’ and ALL SALES ARE FINAL: Taylor Auction & Realty, Inc. has put forth every effort in preparing the catalog for this auction to provide accurate descriptions. <br>
<br>
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 merchantability 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.<br>
<br>
Items may be inspected at the Taylor Auction Facility. Taylor Auction & Realty, Inc. provides ample opportunity for an inspection. Taylor Auction & Realty, Inc. reserves the right to withdraw or re-catalog items in this auction.<br>
<br>
Inspection Dates: Monday - Friday 8:30AM - 5:00PM<br>
<br>
PAYMENT and REMOVAL TERMS:<br>
If you are picking up at the location site, check or cash is preferred at removal. Please let us know during the bidding process how you are paying. All accounts must be settled at the conclusion of the auction. 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. No credit card charge backs allowed. Bidders are charged a 13% Buyers Fee (3% CHECK OR CASH DISCOUNT). MS 7% SALES TAX is CHARGED, UNLESS a resale tax permit number is on file with Taylor Auction & Realty, Inc. <br>
<br>
<br>
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 he/she registered to represent at the auction. 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. <br>
<br>
DECLINED CREDIT CARDS or RETURNED CHECKS: <br>
Any bidders with credit cards declined on reconciliation day or who write us an insufficient check are black-flagged from our system.<br>
<br>
RETURN CHECK POLICY<br>
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.<br>
<br>
REMOVAL POLICY:<br>
Arrangements for removal or shipping must be made prior to the end of the sale. It is the buyers' responsibility to check the entire lot contents before removing from the premises in the presence of a Taylor Auction & Realty, Inc. employee. We will not be held responsible for damaged or missing pieces once the package is in possession of the bidder. It is your responsibility to review your purchases and their condition. <br>
<br>
ITEMS NOT PICKED UP: <br>
Any item not picked up on the day(s) of removal, will automatically be charged to your credit card. If items are not picked up, you must contact us (662-226-2080), otherwise the items are held for 7 days at a $10.00 charge per day. If you have a large amount, other charges may apply. In addition to the storage fee, the buyer is also responsible for paying labor costs to prepare your items for removal. If items are not picked up within 7 days of removal day, all items left become the sole property of Taylor Auction & Realty, Inc. & no refund is given. No leniency in regard to this policy! If buyer does not pick up items or make payments up to date on merchandise, the buyer is flagged 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.<br>
<br>
<br>
BIDDING TERMS AND BID ACCEPTANCE: All bids are subject to acceptance by the AUCTIONEER/AUCTION COMPANY. <br>
Registration: In order to better serve our customers, all bidders must provide their name, address, daytime phone number or cell number, and email address at which they can be contacted. Credit card and Driver’s License Information is required at registration also. 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. <br>
<br>
Our online 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. <br>
<br>
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 have 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 or property being auctioned. Times shall be of the essence. Taylor Auction & Realty, Inc. reserves the right to withdraw or re-catalog items in this auction. Auction company employees may bid on auction items for personal consumption. 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).<br>
<br>
EXTENDED BIDDING: <br>
This auction features EXTENDED BIDDING! Any lot that gets a bid within five minutes of its Scheduled Closing Time will remain open for bids past its normal close; it will go into extended bidding. It will remain open until there are no bids on that lot for five minutes. If you have questions please call us. <br>
<br>
This auction features EXTEND ALL BIDDING!<br>
NOTE: This feature extends the bidding for all lots on the auction. The auction will be extended for the amount of time supplied in the Auto Extend field which is 5 minutes. This behaves differently than normal Auto Extend. If the End Time is 6:00 PM, Auto Extend is set as 5, and a bid is placed 3 minutes before the end of the auction, this will only extend the auction to 6:02 PM. The actual end time shown for the auction is the end time for all items and other bidders are always given the amount of time supplied as Auto Extend to consider placing a bid. Please note, that this feature changes the actual end time of the auction and that no notification of this extension is currently given to bidders. Please, make sure that you are online at the end of this auction so you do not miss out. If you have questions please call us 662-226-2080.<br>
<br>
<br>
MAX BIDS: <br>
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.<br>
<br>
REFRESH YOU SCREEN: <br>
Please remember to REFRESH your screen to find out if you have been outbid. 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.<br>
<br>
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. <br>
<br>
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.<br>
<br>
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/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.<br>
<br>
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.<br>
<br>
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.<br>
<br>
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.<br>
<br>
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.<br>
<br>
LOCATION: These items are located at the Taylor Auction & Realty Facility. <br>
_____________________________________________<br>
By bidding on any item, the bidder shows acceptance of the terms of the auction.<br>
Benny Taylor CAI AARE CAGA<br>
Taylor Auction & Realty, Inc.<br>
INFORMATION IS SUBJECT TO CHANGE