Bankruptcy Estate Auction
By bidding in our auction, you have read and agree to abide by all associated auctions terms and conditions below.
Important: The lots pertaining to this auction are part of a Bankruptcy case. Alberto Samuel Chang Rajii hapter 15 Bankruptcy Case No.:17-bk-20788 and Mark Thaddeus Garny Chapter 7 Bankruptcy Case No.: 18-17313-EPK.
High bids for any and all lots will require approval of sale by the Bankruptcy Trustee. Auction is not final until confirmation of sale.
1. A $500.00 refundable deposited is required at the time of registration in order to participate in the auction. All invoice pre-bill balances will be monitored. 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 in writing. We do not share the information collected with third party companies.
2. Buyer's Premium: 15% BP will apply to all lots plus local sales tax, if applicable.
3. Inspection period is prior to the auction commencing. All bidders are urged to inspect the property prior to placing a bid. A visual inspection is highly recommended in order to appreciate the items offered in this auction. 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. Do not assume a lot consists of more than one item simply because they are connected or shown together in a photograph. Please inspect the lot numbers and read the descriptions. If you have questions, ask before bidding. 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. ALL SALES ARE AS IS, WHERE IS, with no warranty expressed or implied, subject to Bankruptcy approval. No refunds or exchange are permitted. 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. 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. The buyer will not and cannot cancel a bid placed after the Auctioneer has confirmed the bid. Bid retractions or changes are not allowed. 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 Bid: The Auctioneer may accept bids for an item 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 Moecker Auctions 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.
6a. Lag time: Lag time is the delay that occurs between the auction floor and your computer. The majority of delays are due to slow internet transfer times, which means that you can be affected even with a high speed internet connection. This is further affected by your computer speed, memory, whether other programs are running at the same time and so on. We are not responsible for bids which are not received due to internet lag time including issues with LiveAuctioneers connection and delays.
7. Payments: Full payment due on Friday, June 28th no later than 4pm. Invoice(s) will be sent via email within 2 to 24 hours after the conclusion of the sale. Moecker Auctions will accept Visa, MasterCard, Discover Card credit or debit cards as payment for an invoice totaling $2,500.00 or less (AMEX not accepted). Purchaser agrees not to charge-back a transaction. Payments over $2,500 MUST be paid via CASH, CERTIFIED FUNDS or WIRE. We no longer accept company checks. Net amount of wire must equal total of invoice. 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. Please note: credit card payments will incur a 3% convenience fee.
8. 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 2019 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. WE DO NOT PROVIDE ASSISTANCE, FORKLIFTS, HANDLING EQUIPMENT, PALLET JACKS, PACKING MATERIALS OR RELATED EQUIPMENT. THE BUYER MUST SUPPLY THEIR OWN HANDLING EQUIPMENT TO REMOVE PURCHASED ITEMS. Removal: lot(s) must be removed within 10 days of conclusion of auction event. Moecker Auctions may recommend shippers 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. **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**.
11. Removal shall be at the expense, risk, and liability of the purchaser. The buyer must repair/replace any damage that occurs during removal. It is the buyer's responsibility to secure all safety equipment to meet all applicable government safety standards in removing items purchased. Auctioneer shall not be responsible for items not removed within the time allowed. Purchaser shall be liable for any moving and/or storage costs, disposal fees as well as any legal and/or court costs associated with enforcement of the obligation pertaining to items not removed within the specified time period.
12. Additional/Withdrawal of lot(s): The Bankruptcy 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. The Auctioneer reserves the right to group one or more lots into one (1) lot or to subdivide into two or more selling lots. Whenever the best interest of the seller will be served, the auctioneer reserves the right to sell all of the items listed in bulk or negotiate price with the highest bidder.
13. 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.
14. 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.
15. 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.
16. 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).
17. 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 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.
18. 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.
19. 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.
Moecker Auctions has the right to make changes to the terms of sale without further notice.
