8/6/2019 Terms & Conditions of Sale 11-173 A&J Industries, Inc.

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TERMS AND CONDITIONS OF SECURED PARTYS SALE BY PUBLIC AUCTION 11-173EROLLING STOCK FORKLIFTS - BARK MULCH & FIREWOOD PROCESSING LINES - SHOP EQUIPMENT

RE: ASSETS OF A&J INDUSTRIES, INC., 336 CHAMPLAIN RD, VAN BUREN, ME ~ THURSDAY, JULY 28, 2011 at 9AM

TERMS: CASH or your good check. Out of state checks will require bank letter of guarantee. 10% Buyer's Premiumon alpurchases. Please make all checks payable to Keenan Auction Company. Complete payment due day of sale. Noexceptions. Everything sold for immediate removal after completion of auction.

Bidding and acknowledgment will be by number only. Please register with the Clerk. Once you become a winning biddertitle passes (UCC) and you are responsible for your own merchandise. Please watch your merchandise after you havebecome the winning bidder. Auctioneer and Seller are not responsible for lost or stolen items. No items may be transferredfrom one bidder to another; neither prior to nor after payment has been made.

MOTOR VEHICLE DOCUMENT FEE: Buyer will pay a $35 document processing fee, at time of settlement, for motor vehicles& trailers purchased. TITLED VEHICLES: Titles will be mailed by certified mail on August 11, 2011.

SALES TAX: 5% Maine sales tax on all items. Dealers or exempt agencies must provide us with a copy of their State issuedresale certificate with the clerk at time of registration. Out-of-state residents are subject to Maine sales tax.REMOVAL OF MERCHANDISE: Day of sale until 4PM. Friday, July 29, 7AM to 4PM & August 1

st, 2

nd& 3

rdfrom 7AM to

4PM. If additional time is needed beyond August 3rd, arrangements must be made with seller.DISCONNECTS: Purchaser is responsible for disconnecting any items purchased. These disconnects are to be performedwithin the guidelines of industry-accepted standards and are to be performed by a qualified person. Any disconnects will beconducted in observance of current guidelines, statues, laws, and policies of the federal, state, and local agencies and/or othegoverning parties. Auctioneer has no responsibility for personal injury or property damage resulting from any electricalhazards. Oil & coolant removal from any equipment will be the responsibility of the purchaser.

RIGGERS: Riggers conducting business at the auction sites must provide a certificate of insurance stating coverage of aminimum of $1,000,000.00 General liability insurance prior to beginning removal. It is the purchasers responsibility to provideto the auctioneer the proof of liability insurance. Additional insured may be required on the certificate of insurance.TORCHES: Cutting permits will be issued prior to the use of any cutting torches. A fire watch must wet down the cutting areaprior to, during and after cutting. Purchaser must provide their own fire watch for cutting purposes and the cutting area must bechecked several times before leaving the area to make sure there are no hot spots.

WARRANTIES: While descriptions are believed to be correct, the Auctioneer and the Seller make no warranties orguarantees, expressed or implied as to the genuineness, authenticity of, or defects in any lot, and will not be held responsiblefor advertising discrepancies or inaccuracies. Purchaser acknowledges that purchaser has had the opportunity to inspect thelots and that everything is sold on an "AS IS", "WHERE IS" basis except as expressly made in writing. No warranties aremade as to the merchantability of any item or their fitness for any purpose. Auctioneer and Seller do not guarantee theaccuracy or completeness of the information contained in the catalog or web page advertising. Purchasers should verify andinspect desired items prior to bidding.

Purchaser does hereby indemnify and hold harmless Auctioneer and Seller from any and all damages and claims of any typewhatsoever, caused during the sale or arising out of the sale, or by the removal of the items purchased. Purchasers will beheld responsible for any damage they may create to the property, other items at the sale, or parties during the removalprocess.

If any dispute arises between two or more bidders, the Auctioneer at his sole option may put up the lot again for sale at onceand resell to the highest bidder. The Auctioneer reserves the right to bid and to reject any and all bids including any bid, whichis only a fractional advance over the preceding bid. The Auctioneer reserves the right to group one or more lots into one ormore selling lots and to add to or delete from lots at Auctioneer's sole discretion. Absentee bids will not be accepted.

In the event the Purchaser fails to pay the whole of the purchase price within the time set forth by the Seller, and/or fails tocomply with any of the Terms and Conditions of Sale, the Seller may retain and/or recover the deposit specified as liquidateddamages, and in addition thereto, can be resold at public or private sale without further notice. Any deficiency resulting fromsuch resale shall be paid to the Seller by such resale and enforcement of the obligation there under. Buyer agrees to pay any

and all charges and expenses incurred by reason of any breach of the Terms and Conditions of Sale, including withoutlimitation reasonable attorney's fees.

PLEASE NOTE: You have signed a written binding contract agreeing to the Terms and Conditions of Sale, and understandthat any bid you make falls under the Maine Auction Law, Title II, Section 2-328 of the Uniform Commercial Code, and theStatute of Frauds. Maine auctions are under the jurisdiction of the State of Maine Department of Professional and FinancialRegulations, Board of Licensure of Auctioneers, 35 State House Station, Augusta, Maine 04330. If you do not agree with theTerms and Conditions of the Sale, please do not bid.AUCTIONEERS - APPRAISERS

KeenanAuction

Company

Visit us online at

www.keenanauction.com

1 Runway Rd. So. Portland, METel: (207) 885-5100Fax: (207) 885-5877Email: info@keenanauction.com MEAuctioneers License #236