November 13th Manufacturers' Closeout Food Equipment Auction

Terms and Conditions

By participating in this auction the bidder/buyer agrees to the following terms and conditions:

Age Requirement
All bidders must be 18 years of age or older.

Disclaimer
All lots sell as is, where is, with all faults. Floyds Prime Equipment, Inc. and the seller do not give or make any type of guarantee or warranty regarding the lots to be sold, implied or otherwise. Prime Equipment encourages all bidders to inspect lots in person before bidding.Prime Equipment is not responsible for incorrect listing information, if any and has attempted to provide accurate descriptions of all items; however, it is the bidder's responsibility to determine the condition and suitability of each lot. Printed statements or descriptions by Prime Equipment staff are provided in good faith and are matters of opinion.


No Returns
All sales are final. There are no returns, refunds, or adjustments.

Buyer's Premium
A buyers' premium of thirteen percent (13%) of the high bid will be added to the high bid to determine the final selling price for the auction lot. A 3% cash discount will be given off the buyer's premium.

Sales Tax
Texas SALES TAX will be assessed on all Texas bidders in this auction or for items picked up at our warehouse.All items shipped outside of Texas will not be assessed the Texas Sales Tax. Dealers must provide a signed Resale Certificate (click here).

Payment
All buyers must pay for their purchases in full at the conclusion of the auction.

Floyds Prime Equipment, Inc. accepts the following forms of payment:
•Cash 
•Overnighted Personal and company checks (Must clear bank before equipment can be picked up.)
•Money orders (Must clear bank before equipment can be picked up.)
•MasterCard, Visa, Discover and Paypal

Merchandise becomes the full responsibility of the buyer at time Auction closes and the buyer assumes all risk of loss and damage to property at that time. Prime Equipment & Auction Company reserves the right to resell any property not paid for in full by the conclusion of the stated pickup period. In any such event, the Buyer will still be responsible for payment for the original purchase and the costs of collection of this payment and/or damages resulting from the resale of the property.

Inspection
All manufacturers' items in this auction are available for inspection at 601 S. McAllister St., Quitman, TX 75783 according to the schedule below.

Inspection Dates:
Monday - Friday, 9:00 AM - 5:00 PM CT

Pickup
All items, may be picked up from their current location once Prime Equipment has received and acknowledged payment in full. Buyers are responsible for rigging, loading, and moving all items purchased without assistance from Prime Equipment. A forklift is available at our Quitman location.

Pickup Dates:
Monday, November 16 to Friday, November 20,2009, 9:00 AM - 5:00 PM CT.
All items must be removed from the auction location by 5:00 PM CT Friday, November 20,2009.

If items are not removed by this time, Prime Equipment & Auction Company reserves the right to resell the items and retain all sales proceeds as payment for accumulated, unpaid storage and handling.

Shipping
All shipping and crating is the responsiblity of the buyer. Prime Equipment will assist with any crating for a nominal fee which is usually $50 for a standard 4x4 pallet. For larger items, the freight companies will be able to assist you. If you do not have your own carrier, we suggest that you let these companies bid for your freight:
www.FreightQuote.com, 800-323-5441 Jeff ext. 1758, OR Computer Transportation Services (CTS), www.moveit.com, 800-831-0030 Chad ext.17

Auction Ending
Beginning at the stated closing time, the auction software will conclude bidding for one lot each minute in catalog order with the following exception: if a bid is placed in the last five (5) minutes remaining for that auction lot, bidding for that lot will remain open for an additional five (5) minutes.

Outbid Notification
When you are outbid you will be notified by email until the auction begins to close. After that, you can find out if you have been outbid by clicking the "Review Bids" button at the bottom of each page. Items you are no longer winning will be marked with a red indicator.

Debt Collection and Interest Charges
The buyer agrees to pay all reasonable attorney fees and other costs incurred by Floyds Prime Equipment, Inc. in its efforts to collect unpaid funds from the buyer. The buyer agrees that a fee of 2% of the outstanding balance per month be added to any unpaid balance due Floyds Prime Equipment, Inc. Any debt collection or dispute proceedings will be heard in Wood County, Texas.

Limitation of Liability
If, for any reason, Floyds Prime Equipment, Inc. is unable to make available or deliver any Purchase, or portion thereof, or documentation required in respect of any Purchase, the sole liability of Floyds Prime Equipment, Inc., if any, shall be the return of monies paid in respect of such Purchase upon its return by Purchaser.

Bidder Information and Security
All registration information the bidder provides to Floyds Prime Equipment, Inc. shall be current, complete, and accurate. All bidders are responsible for any bids placed under their bidding numbers and passwords. The security of bidder information is the responsibility of the bidder. Bidders must notify Floyds Prime Equipment, Inc. if they believe that their bidder number and password have been compromised.

TL#16037

Prime Equipment & Auction Company is located in the heart of East Texas, about 100 miles from Dallas, Shreveport or Texarkana at the intersection of State Highways 154 & 37, behind the Dairy Queen on S 37 next to Jim Hogg City Park.

On South Hwy37 as entering/leaving town, turn west on Richards Street beside the DQ drive-thru and immediately turn right on McAllister. Our warehouse is the only thing on the right surrounded by a fence. Entrance is by the park and across the street from the Carroll Green Civic Center.