Terms
BUYERS PREMIUM FOR ON-SITE BIDDERS IS 15% WITH ON-LINE BIDDING BEING 18% AND WILL BE ADDED TO EACH ITEM PURCHASED.
1. A certified funds or cash deposit of $5,000.00 and a valid driver’s license is required at the time of registration, in order to participate in the bulk auction. A cash deposit of $100.00 is required at the time of registration for the sale of the forklifts. This deposit is refundable if the bidder is not successful in winning any of the items he/she bid on.
2. This Auction is for the tangible assets of Nautica International, Inc. Moreover, this bulk sale includes all of the following located at 1500 S. 66th Aveinue, Pembroke Pines, Florida: All Nautica molds located inside and outside the property, production equipment, inventory, office equipment, all shipping containers outside the building, all files and computers of Nautica International, Inc., and any intangible and/or intellectual property included thereon. The bulk sale does not include the forklifts, which will be sold individually. NOTE: The computers are currently being held by the bankruptcy trustee. Upon conclusion of the bankruptcy, all computers and intangible property on said computers, with the exception of personal information, will be awarded to the winning bidder as part of the bulk sale.
3. Exceptions: This auction does not include any web or IP addresses, the Nautica International trade name or logos. If and/or when these exceptions become available, the winning bidder will be offered the right of first refusal.
4. Inspection period is prior to the commencement of the auction. 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 of items appearing in advertisements prior to this auction are believed to be correct. Nevertheless, neither those descriptions 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 express or implied.
5. ALL SALES ARE “AS IS, WHERE IS,” with no warranty expressed or implied, and is subject to higher and/or better offers or bank approval. In the unlikely event that the auction is rejected in any manner, deposits will be refunded within 72 business hours after the termination of the auction.
6. Upon the fall of the Auctioneer’s hammer, title of the offered lot will pass to the highest bidder (the “buyer” or “purchaser”) 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. The buyer will not, and cannot, cancel a bid placed after the Auctioneer has confirmed the bid.
7. Balance and full payment is due prior to removal of any merchandise. We accept cash, cashier’s check or wire transfer payable to MOECKER AUCTIONS TRUST ACCOUNT. Net amount of wire must equal total of invoice. A letter of guarantee must accompany a company check from your bank. No credit cards or debit cards accepted. Payment in full is due by Tuesday, October 30, 2012, by 12:00 pm, or you forfeit your deposit. No exceptions will be made.
8. Removal/checkout: Removal will be by appointment only, please call (954) 252-2887. It is the buyer’s responsibility to pick up or arrange to have their items picked up by the allotted time. Riggers and transport personnel must supply Certificate of Insurance. (Riggers and transport companies are available to all bidders by request). Removal shall be at the expense, risk, and liability of the purchaser. Auctioneers shall not be responsible for items not removed within the time allowed.
9. It is the buyer’s sole responsibility to ensure the removal of the equipment and inventory, and must supply their own handling equipment and personnel. The buyer must repair/replace any damage that occurs to the premises located 1500 S. 66th Avenue at Pembroke Pines, Florida, during removal of the equipment and inventory. It is the buyer’s responsibility to secure all safety equipment to meet all applicable government safety standards in using or removing items purchased.
10. The purchaser must remove all property it acquired from Nautica International, Inc. as the winning bidder at auction by November 16, 2012 unless other arrangements have been mutually agreed to (in writing) with landlord, Nautica USA, Inc., located at 1500 S. 66th Avenue at Pembroke Pines, Florida. 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.
11. Local sales tax of 6% will be added to the purchase of all taxable items.
12. Dealers who purchase for resale must fax a copy of their signed resale certificate to (954) 252-2791, please reference your bidder/paddle number. No exceptions will be made.
13. Additional/Withdrawal of lot(s): The bank 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.
14. 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.
15. Purchaser 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.
16. The seller and auctioneer shall have no liability to the buyer of any lot for non-delivery of any purchased item(s).
17. 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 attorneys’ fees incurred by such resale and enforcement of the obligation hereunder.
18. 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).
19. A bid is a legal & binding contract. It is a promise to pay for goods purchased.
20. 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.
21. ALL ANNOUNCEMENTS MADE ON AUCTION DAY SHALL TAKE PRECEDENCE OVER PREVIOUSLY DISTRIBUTED INFORMATION.
The buyer of any and all purchased equipment at this auction understands that if their intention is to export any equipment from this sale that they will be responsible for confirming and following all of the U.S. government’s guidelines pertaining to the legal exportation of any equipment to that country. Said buyer will be hereafter 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.
Please feel free to call us if you have any questions or concerns about the terms of sale. Our office number is (954) 252-2887. Thank you.
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