Onion Packaging Plant - Live & Online Auction REV.091319
Auction Location: 399 Feltham Road, Weiser, ID
AGREEMENT BETWEEN BIDDER AND AUCTIONEER
AKA TERMS AND CONDITIONS
READ CAREFULLY AND COMPLETELY AS ALL AUCTIONS ARE DIFFERENT
These are the Terms and Conditions of Sale for this live & online auction. They consist of this introduction and eighteen numbered paragraphs that outline the relationship between you ("the Bidder") and Jones Swenson Auction Marketing, Inc. dba Jones Swenson Auctions ("Auctioneer").
If you want to bid online for this auction, you will first have to certify that you have read, understood, and agreed to these Terms and Conditions. Such certification will function as your legal and binding electronic signature. If you choose to make this certification, these Terms and Conditions will become binding both on you and on the Auctioneer, and all parties will be expected to abide by the Terms and Conditions if any issues arise in connection with this sale.

Inspection / Preview time: Tuesday September 17th from 10am - 4pm and auction day starting at 8:00 AM MT.

1. This is a Public Auction. By registering to bid in this auction, you acknowledge and agree to these terms and conditions. Live auction begins at approximately 10:00 AM MT on September 18, 2019. Live auction bidders must provide a photo ID to register. Online bidders must provide a valid credit card to register to bid online.

2. Forms of Payment - Online buyers will only be allowed to pay by wire transfer only, which will be due by end of business on September 19, 2019. Live auction buyers can pay by cash on auction day or a bank wire (with a 20% deposit in cash) within 24 hours or VISA, MC or Discover credit card, which incurs an additional 3% buyer's premium.
Payment Process - Online buyers will receive an unpaid invoice within one hour after the auction. Since they will be paying by bank wire, they will need to start that process with their bank no later than the morning of September 19. Once the wire is received by the Auctioneer's bank, a paid invoice will be emailed to the buyer.
BRING YOUR PAID RECEIPT WITH YOU TO PICK-UP YOUR PURCHASES. Buyers should be available by cell phone (or other phone number provided at registration). A paid invoice will be required to remove purchases. No items may be removed until payment is made in full.

3. Buyer's Premium: A 15% Buyers' Premium will be added to each item purchased. An eighteen percent (18%) buyer's premium will be charged on all invoices paid by credit card (VISA, MC & Discover only). Auctioneer does not accept American Express. Credit card payment is only available for Live Auction Buyers.

4. Idaho Sales tax will be charged unless the buyer has provided a signed Idaho ST-101Sales Tax Resale or Exemption Certificate for this auction. Online buyers must fax or email their signed resale form prior to the end of the auction to (512) 261-9886 or info@JonesSwenson.com.

5. Removal: Auction day until 6:00 PM MT and September 23-26 from 8am-5pm each day. Special consideration will be given for the Maf Packaging Line and the onion bins. AUCTIONEER & SELLER DO NOT OFFER LOADING or SHIPPING. Bring whatever equipment and personnel that you need for removal. A forklift will be available on Sept. 23rd & 24th. There is no dock or ramp at this site. Everything is ground level. Bring your paid receipt for removal. Anything remaining after removal time will be considered abandoned. The Auctioneer is not obligated to issue you a refund if you are unable to pick up and remove your items during the published removal times. Note: All buyers will be required to sign a Hold Harmless Agreement before starting removal, stating the seller and Auctioneer are not responsible for injuries.

6. Contract Riggers / Movers: If buyer wishes to hire or contract with a machinery mover, rigger or other type of outside contractor, Auctioneer will not allow them to work on these sale premises unless they have placed with the Auctioneer PROPER INSURANCE protecting Jones Swenson Auction Marketing, Inc DBA Jones Swenson Auctions and Key Bank, against any or all claims arising from personal injury and/or property damage created by their actions.

7. Everything is sold "As-Is, Where-Is": All items in the auction are being sold, "as is, where is" without warranties or guarantees of any type and with all faults. AUCTIONEER AND SELLER EXPRESSLY DISCLAIM AND EXCLUDE THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Bidders should rely solely on their own inspection of all items prior to the sale and should satisfy themselves as to the usefulness and value of each item. Any statement in the description in the catalog or from the Auctioneer, regarding the items to be sold, should be considered a limited guide only. Any error in description does not relieve the buyer or his/her agent of their responsibilities to inspect. There are NO REFUNDS OR RETURNS.

8. Bidder's Duty to Inspect and Investigate: You acknowledge that the Auctioneer is providing you with the opportunity to inspect the items being offered for sale in this auction. The Auctioneer strongly encourages you to attend the scheduled inspection for this auction, which will take place on the date listed above. If you choose not to attend the scheduled inspection or are in doubt about the condition, completeness, or suitability of a given item, please bid accordingly.

9. Choose Wisely: We want everyone to get a good deal and most will. However, when you bid on the wrong item or decide an item is not suited for your intended use, our sellers will not assume the cost of your mistakes. You agree that your failure to inspect or otherwise become fully informed about the items offered for sale in this auction will not be grounds for a refusal to pay amounts due, nor for any claim against the Auctioneer.

10. Buyer is Responsible: Seller, Auctioneer and Buyer expressly agree that Buyer is responsible for and agrees to indemnify Seller, Auctioneer and their respective affiliates for any and all damages (whether based on contract, tort, warranty, negligence, strict liability or any other legal theory, and including special, incidental and consequential damages), losses, expenses, attorneys' fees, court costs, etc., that arise out of or result from the removal, possession or use of any items purchased at this auction, or any other claim regarding the use or possession of any asset purchased at this auction.

11. Charge-backs Prohibited: You agree that you will accept all charges placed on the credit card associated with your account, and you agree that you will not charge back any amount that the Auctioneer charges to your credit card. You agree that this provision applies equally to amounts charged in connection with any items you have won and any buyer's premium or sales tax applicable.

12. Default and Resale: You agree that if, after being declared the winning bidder, you fail to pay for any item that you have won for any reason, your account will be declared in default. If you still fail to pay for any item after being notified of your account's being in default, you agree that the Auctioneer will have the right to immediately resell your item, and you further agree to pay (a) any cost associated with the resale and (b) any deficiency between your original purchase price and the resale price.

13. Disposal of Unclaimed Items: In the event you refuse to pay for or abandon any item that you win at auction, the Auctioneer will have the option of reselling, removing, storing, or disposing of the unpaid-for or abandoned item. You understand and agree that you will be personally responsible for all deficiencies - and all legal, collection, transportation, and storage expenses - associated with your delinquent account and/or abandoned items. In the event of resale, you agree to pay any cost associated with the resale as well as any deficiency between your original purchase price and the resale price.

14. Suspension of Bidding Privileges: You understand and agree that any violation of these Terms and Conditions - and/or any unsafe or illegal activity during any auction-related event - may result in the Auctioneer's suspending your online bidding privileges indefinitely. Nothing in this paragraph will limit the Auctioneer's right to any other remedies at law or in equity.

15. Internet Problems: Auctioneer and Seller are not responsible for any internet connection problems that may occur during the auction. Bidders should understand that sometimes internet connection or delay problems do occur. Auction lots will not be re-sold or brought back up for bidding because of internet problems. If you have issues with placing bids online, please contact HiBid Customer Service directly (352) 414-1947.

16. Missing Items: Auctioneer and seller are not responsible for any missing items after the auction is complete on September 18. Buyers assume all such responsibility.

17. Governing Law & Venue: These Terms and Conditions will be governed by and construed under the laws of the State of Texas. Venue will be Austin, TX.
18. Entire Agreement: These Terms and Conditions contain our entire agreement and supersede any prior oral or written agreements relating to the same subject matter.

For questions, please contact auction office: (512)261-3838 or Info@JonesSwenson.com

Onion Packaging Plant Complete Liquidation - Live & Online Auction By Order of Secured Creditor Site: 399 Feltham Rd., Weiser, ID 83672 Online bidding to start Sept. 6th Live On-Site Auction September 18 at 10:00 AM MT with Online Simulcast Bidding Available Inspection: Sept. 17 from 10AM - 4PM HIGHLIGHTS: Just Added: Approx. 10,000 Onion Bins Maf Onion Packaging Line Equipment w/ Infeed Orhea 5 Load Cell & Catwalks; 8 Lane Color Vision Integra Weight only w16+1 Belt Conveyors; Automatic Batch Carton Fillers; Loadcells; Incline w/ Spill Brushes; Controls & Monitor Panel - Automatic Packaging Line. Partially Disassembled Ernst Onion Packaging Line w/ Ernst roll sizer; onion sizer; Conveyors & Controls; Manual & Auto Packing Line. Not running. Partially Disassembled Xar Parmatic Daumar PA 25 Consumer Produce Bagger (6) PBI Produce Baggers Schuknecht 9008 Onion Topper Holaras AS20 Onion Topper (3) Onion Sizer Conveyors Large Lot of Unused Onion Netted Bags 2017 Branson 8050 Tractor w/ Enclosed Cab, w/ Branson BL50 Front End Loader, 7' Adj Blade, AC, 109 Hrs, 78 HP, Diesel Engine (2) 2007 Fortis 50FT Hyster Forklifts- 4,550 lb. cap 2007 Fortis H35FTS Hyster Forklift- 3,050 lb. Cap. 2005 Hyster H50XM Forklift- 4,600 lb. cap. (2) 2003 Hyster H50XM Forklifts- 4,600 lb. cap. 2001 Hyster F-150XM Forklift- 4,600 lb. cap. 2001 Hyster H50XM Forklift- 4,550 lb. cap. 2002 Hyster H30XM Forklift - 2,900 lb. cap. (2) 2004 Hyster H50XM Forklifts- 4,600 lb. cap. 1999 Daewoo G185 Forklift- 3,900 lb. cap Cascade Clamp Bin Dumper for Forklift Weight Tronics 30' Steel Bridge Truck Scale Definder 3000 Digital Platform Scale, 4'x4' Stretch Wrapper 4'x4' Platform (Approx. 1400) Good Wood Pallets Large Air Circulators MillerMatic 212 Auto Set Wire Welder Miller 250 Tig Arc Welder Forklift 4' Magnetic Floor Sweep Humongous Warehouse Ceiling Fan, new in box BelAir 338V Air Compressor Ingersol Rand CBV43 Air Compressor F-Tech 60,000 lb Hydraulic Press F-Tech Horizontal Band Saw DeWalt 3800 PSI Power Washer, gas Wel-Built Parts Washer Tradesman 16 Spd Drill Press Milwaukee 14" Abrasive Cut off Saw Shop Built Safety Cage for Forklift Steel Dock Plate 6'x6' Misc Shop Tools & Equipment& More! Removal: Auction Day (after auction closes) and September 23 -26 from 8am-5pm each day. Terms & Conditions will be posted soon! Need Finance? Contact Jim McCarty at Summit Commercial Finance (888) 758-8880 x6163 Terms & Conditions will be posted soon. jim.mccarty@scfmail.com _____________________ Jones Swenson Auctions Specializing in "Sold!" Since 1983 ________________________ This Auction Sold In conjunction with Asset Control Services Terms & Conditions posted soon! Need Finance? Contact Jim McCarty at Summit Commercial Finance (888) 758-8880 x6163 jim.mccarty@scfmail.com This Auction Sold In conjunction with Asset Control Services