D. Whittelsey, Inc. d/b/a Whittelsey Wood Products Assignment for the Benefit of Creditors Case #2017-025084-CA-01 Auction Day: Tuesday, January 23 rd, 2018 @ 10:00 AM Inspection Period: Monday, January 22 nd, from 10 AM to 4 PM and day of sale 9 AM to 10 AM Auction Location: 16301 NW 15 th Avenue Miami, Florida 33169 This auction is Subject to Assignee/Court approval www.moeckerauctions.com AUCTIONEERS LIQUIDATORS APPRAISERS OFF: (954) 252-2887 (800) 840 BIDS FAX: (954) 252-2791 On-site Auction Cell: (954) 536-9077 This catalog is meant merely as a guide. The Auctioneers do not warrant the accuracy, genuineness, authenticity, description, count, weight, or measure of any of the lots specified herein.
Moecker Auctions, Inc.- AB 1098 Staff Eric Rubin, GPPA, CES Licensed Auctioneer AU 3219 Vice President of Moecker Auctions erubin@moeckerauctions.com Robin Williams, GPPA, CES Licensed Auctioneer AU 4607 Director of Auction Operations Consultant/Internet Phone Bidding Agent rwilliams@moeckerauctions.com Laly Rodriguez, ATS Licensed Auctioneer AU 4272 Consultant/Bookkeeper erodriguez@moeckerauctions.com Amral Mohammed Consultant/Security amohammed@moecker.com Scott Helmus Consultant/Security shelmus@moecker.com Offices also in Tampa, Orlando and Jacksonville Scan the QR code with your Smartphone for quick access to our website ALL ANNOUNCEMENTS MADE ON AUCTION DAY SHALL TAKE PRECEDENCE OVER PREVIOUSLY DISTRIBUTED INFORMATION. UNDER NO CIRCUMSTANCES WILL ANY ITEMS BE REMOVED PRIOR TO THE CONCLUSION OF THE SALE. Moecker Auctions has the right to make changes to the terms of sale without further notice
TERMS AND CONDITION OF SALE By bidding in our auction, you have read and agree to abide by all associated auctions terms and conditions below. 1. REGISTRATION: $100.00 refundable certified funds/cash deposit and valid driver s license are required in order to participate in the auction. Additional deposit amount will be based upon cumulative purchases and may change throughout the auction. If the credit card is declined, your bidding privileges will be put on hold until the issue is cured. Registering to bid with Moecker Auctions Inc. will include you in Moecker Auction s customer list. If you do not wish to be included you may opt-out by notifying us. We do not share the information collected with third parties. 2. BUYER S PREMIUM: 15% Buyer s Premium (BP) will apply to all lots sold onsite and 18% Buyer s Premium (BP) will apply to all lots sold online, plus local sales tax if applicable. 3. INSPECTION: Inspection period is prior to the auction commencing. All bidders are urged to inspect the property prior to placing a bid. The failure to inspect the property shall not constitute cause for cancellation of sale. The descriptions and images of items appearing in advertising prior to this auction are believed to be correct. Nevertheless, neither those descriptions, images nor any oral statements made by the owner (or his agents or officers) or the Auctioneer (or his agents or officers) concerning any item shall be construed as a warranty, either expressed or implied. The bidder shall be the sole judge of value, condition, age, genuineness, authenticity, defectiveness, or any other determinative factor. For demonstration purposes, various items may be shown joined. Please inspect the lot numbers and read the descriptions. If you have questions, ask before bidding. Do not bid on items if you are uncertain of condition. Security personnel are present. Any person caught tampering with tags or rearranging items will be removed from the premises and be prosecuted to the full extent of the law. 4. CONDITION: ALL SALES ARE AS IS, WHERE IS with no warranty expressed or implied, subject to higher and better offers and subject to Assignee/Court approval. Sale shall be free and clear of liens or encumbrances unless otherwise notified. No refunds or exchanges are allowed on any winning bids. ALL SALES ARE FINAL. This auction is NOT an absolute sale. Auction is not final until confirmation of sale. In the event that the auction is rejected in any manner, deposits will be refunded within 72 business hours after the termination of the auction. 5. TITLE TRANSFER: Upon the fall of the Auctioneer s hammer, title of the offered lot will pass to the highest bidder acknowledged by the Auctioneer, subject to the conditions set forth herein, and at such time buyer assumes full risk and responsibility for the lot, agrees to pay the bid amount, plus all fees applicable whether online, in person, by mail, by phone, by facsimile or through an employee or agent. Deposit(s) will not be refunded to purchaser of unpaid invoice(s). Bidder retractions or a change to bids after an item has been sold is prohibited. The Auctioneer reserves the right to reject any bid at any time at his sole discretion to protect the integrity of the auction. Any person who bids in bad faith or disrupts the auction may be restricted from bidding and/or will be removed from the premises. 6. COMPETING BIDS: The Auctioneer may accept bids from other sources which include: bids from an in-house audience, telephone bids, absentee bids (left bids, proxy bids), on-line bids and other bidding platforms. Bidding by telephone, facsimile-transmission (fax-in), email, or absentee bidding are offered solely as a convenience and permitted subject to availability, and approval which shall be exercised at Moecker Auctions sole discretion. Neither Moecker Auctions nor its agents or employees shall be held liable for the failure to execute bids or for errors relating to any transmission or execution thereof. In order to be considered for off-site bidding in any manner, Bidders must comply with all of the conditions of sale and the terms. You can follow the auction at: https://www.proxibid.com/asp/auctionsbycompany.asp?ahid=3976 7. PAYMENTS: Full payment is due no later than Wednesday, January 24 th by noon. Moecker Auctions accepts Visa, MasterCard, Discover Card credit or debit cards as payment for invoice up to $5,000.00 or less (AMEX not accepted). Payments over $5,000 MUST be paid via CASH, CERTIFIED FUNDS, COMPANY CHECK or WIRE. Net amount of wire must equal total of invoice. Company Check: A letter of guarantee must accompany a company check from your bank. Information to complete an IRS 8300 form will be required to report payments of $10,000 or greater (made in cash or cash equivalent), as determined by the IRS. For on-line buyers: The credit card provided for online registration will be charged (for purchases $5,000 or less PLUS a 3% convenience fee) immediately after invoices have been generated. 8. SALES TAX: Local sales tax of 7% will be added to the purchase of all taxable items.
9. Dealers who purchase for resale must provide a copy in person or fax their 2018 resale certificate to (954) 252-2791, please reference your bidder/paddle number. No exceptions will be made. 10. REMOVAL/CHECKOUT: It is the buyer s responsibility to pick up or arrange to have items picked up by the allotted time and must supply their own handling equipment, trucking and personnel. Removal dates and time: 30 minutes after conclusion of sale (or at the discretion of the Auctioneer), 01/24, 01/25, 01/26 and 01/29 from 9AM to 4 PM. ALL ITEMS MUST BE REMOVED BY MONDAY, JANUARY 29 th BY 4 PM. Buyer is responsible for supplying a qualified (licensed) technician to professionally uninstall the following lots: 88, 91, 94, 97, 100 and 101. Items that are not removed by the allotted time will be subject to $25.00 per lot storage fee per day and/or may be considered abandon. Moecker Auctions may recommend carriers and packers as a convenience to purchasers, but assumes no responsibility for their actions. Buyer must contact shipper for estimates and to make shipping arrangements. Buyer is responsible for all shipping and handling costs. Buyers are responsible for their own removal. **ANYONE PICKING UP MERCHANDISE ON BUYER S BEHALF MUST PRESENT A COPY OF THE PAID INVOICE AT THE REGISTRATION DESK. MOVERS AND SHIPPING COMPANIES MUST PROVIDE A BILL OF SALE OR SHIPPING SLIP AT THE REGISTRATION DESK**. Please note: while we have designated checkout personnel, neither Moecker Auctions staff, nor the Assignee will be responsible or held liable for replacing any lost, stolen, or missing items, or exchanged parts or equipment. 11. ADDITIONAL/WITHDRAWAL OF LOT(S): The Assignee or Auctioneer reserves the right to withdraw from sale any of the items listed in the catalog/brochure or to sell at auction items not listed. 12. DISPUTES: The Auctioneer shall designate the winning bidder after each item is auctioned. If a dispute arises between two or more bidders, the auctioneer reserves the right to re-open the bidding. The auctioneers designation of a buyer shall be final. 13. LIABILITY: Purchaser, purchaser s agent(s) including hired moving companies, vehicle transport and/or riggers does hereby indemnify and hold harmless the auctioneer and seller from any and all damages, claims or liabilities from injuries to persons or property of any type whatsoever caused during the sale or by the removal of items purchased. The seller and auctioneer shall have no liability to the buyer of any lot for non-delivery of any purchased item(s), other than the return of the buyers deposit or payment on the item. 14. ZERO TOLERANCE POLICY FOR BUYERS WHO DO NOT PAY THEIR INVOICE WITHIN TIME ALLOWED. In the event the purchaser fails to pay for the entire purchase within the time set forth by the auctioneer and/or fails to comply with any of the conditions or terms of sale, the seller may retain and/or recover the deposit as part of its damages and, in addition thereto, items that are not paid for can be resold at public or private sale without further notice. Any deficiency resulting from such resale shall be due to the auctioneer by the defaulting purchaser together with all charges, fees, and expenses including reasonable attorney fees incurred by such resale and enforcement of the obligation hereunder. 15. COLLUSION: Practices that eliminate competition, such as collusive bidding, (fictitious bidding during the auction for the purpose of misleading or stimulating other persons who are bidding in good faith) may warrant criminal, civil, or administrative action against the participant(s). 16. EXPORTATION: The buyer of any and all purchased equipment at this auction understands that if their intention is to export any equipment from this sale they will be responsible for confirming and following all of the US government s guidelines pertaining to the legal exportation of any equipment to that country, the buyer will be referred to as the exporter. The exporter will be responsible for any export licensing, export declaration fees and preparation of any documents needed to ship overseas. Moecker Auctions is not be responsible for any item purchased that cannot be legally exported. 17. GOOD STANDING: All bidders must meet Auctioneer s qualifications to bid. Any bidder who is not in good standing of Moecker Auctions, Inc. at any time prior to, during or even after the close of auction will be disqualified at Moecker Auction s sole discretion and will not be awarded lots. Moecker Auctions, Inc. reserves the right to exclude any person to register at this auction and/or future auctions. 18. A bid is a legal & binding contract. It is a promise to pay for goods purchased. This sale will be audio recorded for our protection as well as yours. The recording may be used to settle any dispute that may arise during and/or after the auction. ALL ANNOUNCEMENTS MADE ON AUCTION DAY SHALL TAKE PRECEDENCE OVER PREVIOUSLY DISTRIBUTED INFORMATION. UNDER NO CIRCUMSTANCES WILL ANY ITEMS BE REMOVED PRIOR TO THE CONCLUSION OF THE SALE.
SAMPLE BANK LETTER OF GUARANTEE The bank letter MUST match the wording EXACTLY (see below) in order for it to be valid. Moecker Auctions will need the ORIGINAL letter (not just a copy/fax) on bank letterhead. Date: To: Moecker Auctions Inc. 1883 Marina Mile Blvd., Suite 106 Fort Lauderdale, Florida 33315 Dear Sirs: This letter will serve as your notification that (name of bank) will honor/guarantee payment of any check(s) written by (company name) up to the amount of $ (USD) drawn on account #, or that said bank will honor the electronic transfer of US funds as directed by Moecker Auctions Inc., up to the amount specified. This letter of guarantee is will expire on (date). NO STOP PAYMENTS WILL BE ISSUED. If further information is required, please feel free to contact this office. Regards, Bank officer s signature (Print name) Telephone # Bidder s signature
ABSENTEE BID FORM AUCTION: BUYER #: I understand that an auction personnel will place a bid(s) in my absence (absentee bid), will execute my bid(s) as a convenience, and will not be held responsible for any errors or failure to execute bid(s). I understand that my bid(s) are subject to the Terms and Conditions of the Sale. I understand that I will be responsible for the purchase price, as well as all applicable taxes for each lot. I agree to bid on the following items under the terms of sale governing the auction: LOT # QTY ITEMS & DESCRIPTION BID AMOUNT(EACH) NOTES I have read, understand and agree to the Terms & Condition of the sale. Signature Date Print Name Address: Phone Number: Email Address: Please return forms to Moecker Auctions, Inc. at 1883 Marina Mile Blvd., Suite 106, Fort Lauderdale, Florida 33315. Buyers Premium added to all purchases. Check terms of current auction for rates. All bids must be accompanied with a 25% deposit acceptable in the form of a Cashier s check made payable to Moecker Auctions, Inc. Trust Account. Any questions should be directed to Moecker Auctions, Inc. at (800) 840-2437. Fax: 954-252-2791 Moecker Auctions, Inc. AB 1098