Tricon Industries #1 Auction

Per order of Secured Party:

Tricon Industries

Sale#: [TRI10609]

Complete Closure of a Vertical & Horizontal Electric Injection Molding & Metal Stamping Facility
Equipment as New as 2007

The auction will begin at 9:00am (CST) starting with the Downers Grove, IL equipment beginning with Lot # 200.
At 12:00pm (CST) the sale of the Downers Grove, IL equipment will be paused and all Mexico Equipment will be sold for Lot #'s 1 - 158.
Auction personnel & live bidding will be available on-site in Fresnillo, Mexico.
Following the sale of the Mexico Equipment, Downers Grove, IL equipment will resume.



Sale Details		Links	Documents (PDF)


	Auction Type Webcast & On-Location Auction Date & Time 1-Day, Tues. June 23, 2009 at 9:00am (CST) Inspection/Preview See Equipment Location & Details Below Sale Location 2325 Wisconsin Ave. Downers Grove, IL USA Equipment Location(s) 5400 Janes Ave. Downers Grove, IL USA 2325 Wisconsin Ave, Downers Grove, IL 60515 Fresnillo, Mexico Currency USD Buyers Premium 18% for Online/Webcast buyers paying via credit card discounted to 15% paying via Cash, Certified Check, Company Check or Wire Transfer	Register Now Attending in Person? Click Here. Browse Lot Catalog View Color Brochure (PDF) View IL Photo Gallery View MX Photo Gallery Prelim. Equipment List: Downers Grove, IL (PDF) Prelim. Equipment List: Fresnillo, Mexico (PDF) Registration & Bidding Help Lease Financing Available	Absentee (Proxy) Bidder Form Sales Tax Certificates Sample Bank Letter Agent Release Auth. Form Credit Card Auth. Form

Featured Items

OVER 1,000 LOTS

Equipment Location: Downers Grove, Illinois

Verticals

2006 Engel ES700/300VHRB, 300-Ton
2002 Arburg 420C-800-350, 88-Ton
2000 Engel ES330H/125VRB, 125-Ton
1997 Autojectors WDHCR-250, 250-Ton
Numerous Engel 80, 85 & 125-Ton Molders
(21) Newbury’s 30, 75, 125 & 200 Ton

Horizontals

2000 Engel ES650/150TL, 150-Ton
1998 Arburg 270C-400-100, 44-Ton
(2) 1995 Engel ES1300/400, 400-Ton
Arburg Allrounder 38, 44, & 110-Ton Molders

Complete Metal Stamping Facility

Minster Piece-Maker P2-150, 150-Ton
Minster Pulsar 30 TR2-30, 30-Ton
Oak Lam Press, 30-Ton
(4) Minster 3 Presses, 22-Ton
OBI Presses, Neff Hydraulic Presses
Rapid-Air Feeders
Ruesch Slitter

Complete Toolroom

Okamoto & Harig Surface Grinders
Bridgeport Milling Machines
Hardinge HLV-H
Chevalier 1632
1998 Charmilles Roboform 20A EDM

Complete QC Lab

2006 Browne & Sharpe CMM
Nikon & OGP Optical Comparators
Inspection Equipment

Plant Support

2007 Frigel Chilling System
Forklifts, Vehicles
Robots, Maguire Blender, Granulators
Air Compressors, Dryers, Mokons
Conair Temp Controllers, Chillers

Equipment Location: Fresnillo, Mexico

Verticals

(3) 2007 Engel 700H/300US, 300-Ton
2000 Engel ES/700H/300VRB, 300-Ton
1999 Engel ES330H/125VRB, 125-Ton
2006 Engel 85VRB, 85-Ton
2000 Engel 85 VRB, 85-Ton

Horizontals

2004 Nissei NEX 4000, 170-Ton
2004 Nissei ES 3000, 170-Ton
2004 Nissei NEX 2000, 120-Ton

Complete Toolroom
Complete QC Lab

2006 Brown & Sharpe CMM

Plastics Support Equipment

Yushin Robots
Granulators, Thermolators, Dryers
Plant Support Equipment & More…

Presented in Conjunction with:

Sale Details

Tuesday June 23, 2009 at 9:00am (CST)

Absentee (Proxy) Bids & Accounting Contact: Please call 203-488-7020

Equipment & Preview Contact: Please call 203-488-7020

Equipment Location and Removal Details

5400 Janes Ave, Downers Grove, IL
	Lot #s:	TBD
	Address:	5400 Janes Ave,Downers Grove, IL 60515
	Sales Tax:	0% occasional sale We will charge Sales tax until we are supplied with a resale certificate Sales Tax Certificates or supply us with a bill of lading and we can refund your sales tax.
	Inspection/ Preview:	Monday June 22, 2009 from 9am to 4pm (CST).
	Removal:	All items must be removed by July 8. No Exceptions! Please contact Ken Crabtree at (248) 310-9616 for more information.
	*Shipping Only:	Trans-Logistics Management Services, Inc. 13500 Sutton Park Drive S. Suite 502, Jacksonville, FL 32224 Contact: Dick Mowles Phone: (904) 705-9512 or (904) 821-0322 Navis Pack & Ship 777D Joyce Rd, Joliet, IL 60436 Contact: Tony Tourville (815) 630-5673 il1101@gonavis.com
	*Rigging/Shipping:	H.W. Farren Trucking & Rigging 1578 Sussex Turnpike, Randolph, NJ 07869 Tiffany Blackwell (973) 945-8399 Chicago Industrial Services, Inc. 3627 W Harrison St., Chicago, IL 60624 Contact: Val (847) 845-7255

2325 Wisconsin Ave, Downers Grove, IL
	Lot #s:	TBD
	Address:	2325 Wisconsin Ave,Downers Grove, IL 60515
	Sales Tax:	0% occasional sale
	Inspection/ Preview:	Monday June 22, 2009 from 9am to 4pm (CST).
	Removal:	All items must be removed by July 8. No Exceptions! Please contact Ken Crabtree at (248) 310-9616 for more information.
	*Shipping Only:	Trans-Logistics Management Services, Inc. 13500 Sutton Park Drive S. Suite 502, Jacksonville, FL 32224 Contact: Dick Mowles Phone: (904) 705-9512 or (904) 821-0322 Navis Pack & Ship 777D Joyce Rd, Joliet, IL 60436 Contact: Tony Tourville (815) 630-5673 il1101@gonavis.com
	*Rigging/Shipping:	H.W. Farren Trucking & Rigging 1578 Sussex Turnpike, Randolph, NJ 07869 Tiffany Blackwell (973) 945-8399 Chicago Industrial Services, Inc. 3627 W Harrison St., Chicago, IL 60624 Contact: Val (847) 845-7255

Fresnillo, Mexico
	Lot #s:	1 - 158
	Address:	Carretera Fresnillo-Plateros Km 2 , S/N Parque Industrial Fresnillo Fresnillo, Zacatecas
	Sales Tax:	8.25% Laredo, TX We will charge Sales tax until we are supplied with a resale certificate Sales Tax Certificates or supply us with a bill of lading and we can refund your sales tax. The Mexico Assets are under a maquiladora program. Fees will be added to each lot for Rigging/Trucking to Laredo, TX. The amount of the fees will be listed in the information with the lots. This will be added to your invoice on top of the amount you bid. You will then be responsible for shipping your items from Laredo, TX to your destination. Please let us know if you are a maquiladora company. Please Click here for more information about maquiladora
	Inspection/ Preview:	Friday, June 19; Saturday, June 20; & Monday, June 22 9am to 4pm (Local Time). Please contact Miguel Zavala from Hilco Acetec at 5255 5687 2211 x 105.
	Removal:	All items must be removed by July 10. No Exceptions!
	*Shipping Only:	Trans-Logistics Management Services, Inc. 13500 Sutton Park Drive S. Suite 502, Jacksonville, FL 32224 Contact: Dick Mowles Phone: 904-705-9512 or 904-821-0322
	*Rigging/Shipping:	Advanced Logistic At´n: Jesus Pérez - General Manager Office: 52 (871) 750 8060, 750 8161 & 750 8162 Mobile: 52(871)213 5160 Special Crane Service 6595 N Expressway, Brownsville TX 78520 Phone: 956-350-8879 Email: craneservice@sbcglobal.net

View Agent Release Authorization form

*The Branford Group does not pack, ship, store, crate or rig items. Buyers may either pick up their items at the designated auction site personally or can arrange for a third party logistics firm to manage the removal process for them. If someone other than the registered buyer at the sale is designated to pick up those purchased assets, the buyer must: 1) Contract with an independent logistics firm or other representative who will dismantle, crate, pack, or ship your purchased items. 2) Coordinate the removal of those purchased items to meet the time deadlines indicated on this page. 3) Submit an "Agent Release Authorization" form which will allow The Branford Group to release items to a third party contractor for shipping, crating or packing purposes. *The Branford Group finds and displays one or more local logistics service providers who understand our removal process, offer specific services, and have certain skills and capacities. We offer this service to you without representations or warranties of any kind whatsoever.

Sale-Specific Terms Summary

	Payment Deadline:			Within one business day after invoice date.



	Currency:			US Dollars.

	Language:			English.

	Registration Requirements:			Open to the public. Free to bid onsite or via proxy form. All bidders must provide their name, company (if applicable), mailing address and phone number prior to the auction. When applicable, Electronic bidders are required to provide a valid email address and Visa, American Express or Mastercard number. At its discretion, TBG may charge a registration fee for Electronic bidding. This fee will be clearly displayed during the registration process. $20 Registration Fee to bid via webcast.

	Deposit:			TBG reserves the right to qualify and request a deposit upon registration and prior to bidding of not less than twenty five percent (25%) of the On-site Buyer's intended TOTAL PURCHASE PRICE with the balance due by the end of the next business day. This can be in the form of cash, a cashiers check, or business check with a bank letter of guarantee. For Electronic Buyers, at its discretion, TBG may contact bidders via email or telephone before or during the sale to provide a bank letter of guarantee or wire transfer as a deposit. If TBG does not receive a response from its attempts to contact Buyer or if the Buyer does not provide a deposit, TBG reserves the right to refuse or cancel Buyer's bids and re-sell Goods. Payment in full of the Buyer’s TOTAL PURCHASE PRICE less any deposit provided is expected within 24 hours of receipt of the invoice.

	Buyer's Premium:			18% for Online/Webcast buyers paying via credit card discounted to 15% paying via Cash, Certified Check, Company Check or Wire transfer

	Sales Tax:			See each location for specific percentage. All applicable state sales taxes apply. It is the responsibility of the Buyer to provide documentation necessary for exemption or refund of sales tax paid.

	Invoices & Payment Instructions:			Winning bidders can request a printed paper invoice from the Accounting Manager at the sale location during or after the sale. Electronic bidders will be sent an electronic invoice (usually by the morning after the completion of the sale) to the email address provided during registration. Invoices can be faxed upon request. Detailed payment instructions for each sale are available in the printed lot catalog at the sale location on the day of the sale. Electronic bidders will be sent detailed payment instructions via email along with their invoice.

	Payment Conditions:			TBG must receive the balance of the total purchase price no later than the close of business on the day following the auction (the "Final Payment Date"). All payments must be in cash, cashier's or certified check, federal wire transfer of immediately available funds or a corporate check accompanied with a bank letter of guarantee, and all of the foregoing must be in form, scope and substance acceptable to TBG. Credit cards are accepted for payment, Electronic bidding registration and for Liquidated Damages in the event of a default. If paying by credit card, the exchange rate for sales conducted in foreign currencies will be posted the day of the sale and will be based upon the current currency conversion rates. Without limiting TBG's discretion, no corporate checks without a bank guarantee and no personal checks will be accepted. No title shall pass to Buyer until the total purchase price and all Taxes have been paid to TBG in collected funds.

	Removal, Shipping & Logistics:			The buyer (or a third party Authorized Agent contracted by the buyer) is responsible for removal of equipment by the posted Removal Date.

***Updated January 1, 2009***

TERMS OF SALE
Set forth below are the terms and conditions (the "Terms") that shall apply to any purchase by any party (a "Buyer") either directly from Branford Auctions, LLC ("TBG") or in a transaction (a "Transaction") in which TBG serves as broker, agent, liquidator or auctioneer for any third party owner. The Terms apply to all Transactions, including without limitation, public auctions conducted by TBG and direct purchases by Buyer of any item either before, after or independent of any public auction. By using or accessing any and all TBG Services and or Websites you agree your have read and understand the Terms and Conditions stated herein and are bound to these Terms and Conditions. You may not use or access any and all TBG Services if you do not agree to the Terms and Conditions stated herein. If you do not understand any or all the Terms and Conditions herein please contact TBG at 203-488-7020 for further assistance.

TERMS AND CONDITIONS

1. All machinery, equipment, merchandise and other items (the "Goods") are sold on an "AS IS/WHERE IS" basis with no warranties or representations whatsoever, either expressed or implied. Neither TBG nor the consignor makes any warranties or representations of any kind or nature with respect to the property or it's value, and in no event shall they be responsible for correctness of description, genuineness, attribution, provenance, authenticity, authorship, completeness, condition of the property or estimate of it's value. No statement (oral or written) in the catalog, at the auction, or elsewhere shall be deemed such a warranty or representation, or any assumption of responsibility. Prospective bidders are urged to contact TBG directly for detailed information regarding any lot. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY are expressly disclaimed.

2. Registration. Buyers must register prior to bidding at any auction sale and must be of legal capacity to enter into this agreement. All bidders must provide their name, company (if applicable), mailing address and phone number prior to the auction. By registering you represent and warrant any and all Buyer Information is accurate and complete. It is solely the Buyers responsibility to maintain current Buyer Information for completeness and accuracy. TBG reserves the right to deny and or terminate Registrations at any time at its sole discretion without notification. TBG reserves the right to deny usage and access of TBG Services and Websites at any time without notice or liability to any persons or third parties. When applicable, Electronic bidders are required to provide a valid email address and Visa or Mastercard number. At its discretion, TBG may charge a registration fee for Electronic bidding. This fee will be clearly displayed during the registration process. THE BIDDER AUTHORIZES TBG TO CHARGE LIQUIDATED DAMAGES TO THE CREDIT CARD LEFT ON FILE DURING THE REGISTRATION PROCESS. (See section 9 "Default" below.)

3. Deposits. TBG requires a deposit of not less than twenty five percent (25%) of the Buyer's TOTAL PURCHASE PRICE by the end of sale day - with the balance due by the end of the next business day. This can be in the form of cash, a cashiers check, or business check with a bank letter of guarantee. For Electronic bidders, at its discretion, TBG may contact bidders via email or telephone before or during the sale to provide a bank letter of guarantee or wire transfer as a deposit. If TBG does not receive a response from its attempts to contact Buyer or if the Buyer does not provide a deposit, TBG reserves the right to refuse or cancel Buyer's bids and re-sell Goods.

4. Invoices & Payment Instructions. For Onsite and Webcast auctions, winning bidders can request a printed paper invoice from the Accounting Manager at the sale location during or after the sale. Electronic bidders will be sent an electronic invoice to the email address provided during registration. Invoices can be faxed upon request. Detailed payment instructions for each sale are available in the printed lot catalog at the sale location on the day of the sale. Electronic bidders will be sent detailed payment instructions via email along with their invoice.

5. Payments. TBG must receive the balance of the total purchase price no later than the close of business on the day following the auction (the "Final Payment Date"). All payments must be in cash, cashier's or certified check, federal wire transfer of immediately available funds or a corporate check accompanied with a bank letter of guarantee, and all of the foregoing must be in form, scope and substance acceptable to TBG. Credit cards are accepted for payment, Electronic bidding registration and for Liquidated Damages in the event of a default. If paying by credit card, the exchange rate for sales conducted in foreign currencies will be posted the day of the sale and will be based upon the current currency conversion rates. Without limiting TBG's discretion, no corporate checks without a bank guarantee and no personal checks will be accepted. No title shall pass to Buyer until the total purchase price and all Taxes have been paid to TBG in collected funds.

6. Taxes. Buyer must also pay to TBG on or before the Final Payment Date, all sales, export, use and other taxes due to any federal, state or local taxing authority (the "Taxes") as a result of Buyer's purchase, including without limitation, any taxes arising from any Buyer's Premium (as defined below). To receive the benefit of any tax exemption, Buyer must supply TBG with a sales tax exemption certificate acceptable in form, scope and substance to TBG in TBG'S sole discretion.

7. Buyer's Premium. TBG in its sole discretion may impose a buyer's premium ("Buyer's Premium") on any Goods sold. The Buyer's Premium is a percentage that is added to the final purchase price of any item. For Onsite auctions, TBG shall charge and collect from each successful bidder a 18% buyer’s premium if paying by credit card or 15% buyer's premium if paying by cash, cashier’s or certified check, federal wire transfer or corporate check for each sale at the auction, in addition to the purchase price as bid.

8. Removal. (1) Buyers or their Agents must remove all Goods purchased before the final removal date and time announced by TBG at the auction (the "Removal Date"). (2) No Goods shall be removed until the full purchase price and all applicable taxes thereon have been received by TBG in the form required herein. Any Goods not removed on or before the Removal Date shall be subject to storage charges that TBG may in its discretion impose. ANY ITEMS NOT REMOVED ON OR BEFORE THE REMOVAL DATE SHALL BE DEEMED ABANDONED AND TBG SHALL HAVE NO FURTHER OBLIGATION TO BUYER WITH RESPECT TO SUCH ITEMS. (See also #8C.)

8A. Buyer shall be responsible for the safe and proper removal of any Goods purchased by Buyer. TBG does not pack, ship, store, crate or rig items. Buyers may either pick up Goods at the designated auction site personally or can contract with a third party agent to manage the removal process for them. Before Goods can be removed by an Agent, Agent must provide TBG with (1) proof of payment in full (Paid In Full Invoice) and (2) an "Agent Release Authorization" form which allows The Branford Group to release items to a third party contractor for shipping, crating or packing purposes.

8B. Goods weighing more than 100 pounds must be removed by a qualified, insured rigger. Before any removal, Buyer must provide TBG with a certificate of insurance from the rigger, which certificate must be in form, scope and content acceptable to TBG in TBG'S sole discretion. Without limiting TBG'S discretion, such certificate must show that the rigger carries comprehensive liability insurance written by an insurance carrier of national standing and in an amount of not less than two million dollars ($2,000,000.00). Without limiting the generality of the foregoing, Buyer shall restore and repair all real and personal property that is altered or damaged as a result of Buyer's removal of the Goods. TBG shall have no responsibility to disconnect utilities to the sold asset, including electric, gas, waste and water lines. Buyer is solely responsible to properly remove and store in appropriate containers all fluids, oils, hazardous chemicals, etc., from machinery purchased. Buyer does hereby indemnify TBG, the owner of the Goods and the owner of the premises in which the Goods are located, from any and all claims, damages, and losses arising from Buyer's actions or actions with respect to the Goods and Buyer's presence on the premises in which the Goods are located, including without limitation, injuries to persons or property and environmental violations or contamination. Risk of loss on any Goods shall pass to the Buyer upon payment in full to TBG of all sums due from Buyer in respect to the Goods.

8C. Small Lot Removal. TBG shall have no responsibility whatsoever for any missing or lost items that can be removed by hand if such items have not been removed within forty-eight (48) hours of the conclusion of the sale. There will be NO removal of any lots until the auction is complete.

9 Default. Bidders must bid only on those items they are prepared to pay for and remove in accordance with the terms and conditions of this sale. All items awarded to high bidders are contractually theirs and must be paid for by the Final Payment Date and removed by the Final Removal Date. IN THE EVENT PURCHASER FAILS TO PERFORM CONTRACTUAL OBLIGATIONS (PAYMENT AND REMOVAL) AS SPECIFIED IN THIS INVITATION TO BID, THE FOLLOWING ACTION APPLIES: PURCHASER WILL AUTOMATICALLY BE PLACED IN DEFAULT. THIS IS YOUR OFFICIAL NOTICE OF DEFAULT. Upon default, the purchaser shall lose all right, title, and interest which he/she might otherwise have acquired in and to such property as to which default has occurred. TBG will re-market and re-sell this property.

9A. Payment Default. Failure to pay invoices in full by the Final Payment Date in accordance with payment terms will subject Bidder to pay as Liquidated Damages a sum equal to the lesser of (1) 20 percent of the invoice price of the item(s) as to which the default has occurred, or (2) the full amount of the difference between the original invoice price and the re-sold price plus any expenses incurred to re-market or re-sell these items. IF TBG HAS NOT RECEIVED PAYMENT FOR WINNING BIDS WITHIN 24 HOURS OF THE FINAL PAYMENT DATE, THE BIDDER AUTHORIZES TBG TO CHARGE LIQUIDATED DAMAGES TO THE CREDIT CARD LEFT ON FILE DURING THE REGISTRATION PROCESS.

9B. Removal Default. Failure to remove items by the Final Removal Date in accordance with removal terms will subject Bidder to pay as Liquidated Damages the full amount of the expenses incurred to store or transport items until they are re-sold. IF BUYER HAS NOT REMOVED ITEMS WITHIN 24 HOURS OF THE FINAL REMOVAL DATE, THE BIDDER AUTHORIZES TBG TO CHARGE LIQUIDATED DAMAGES TO THE CREDIT CARD LEFT ON FILE DURING THE REGISTRATION PROCESS.

10. After Buyer has removed any item from TBG'S possession, TBG shall have no obligation to make any adjustment or accommodation to Buyer because of any mistake in quantity or other defect or problem with respect to such item. Buyer must make all requests for adjustments in writing to TBG before any item is removed from the premises where the auction is conducted.

11. TBG shall not be responsible for any damages, loss or theft of Goods except in the case of TBG's willful misconduct. Without limiting the foregoing, TBG shall not be responsible for damages or losses caused by strikes, civil disorders, or acts of God.

12. If for any reason TBG is unable to deliver any Goods purchased by Buyer, TBG'S sole liability shall be to return all sums paid by Buyer to TBG in respect of such Goods.

13. Minimum or Reserve Prices. TBG, in its sole discretion, reserves the right to establish a reserve or minimum price on any Goods without having to announce, post or publish notice to attendees and buyers at any auction. TBG reserves the right to confirm or reject the final bid. Further, The Branford Group, and/or its affiliates or subsidiaries, may bid at the auction either for its own account or on behalf of a third party.

14. Absentee Bids. By completing an "Absentee (Proxy) Bidder Form," Bidders may appoint TBG to be an agent and proxy for the sole purpose of purchasing the items listed when the Bidder CANNOT bid on the day of the sale. ALL BIDS ARE FINAL AND BINDING and DO NOT include any applicable buyer's premiums and sales taxes. TBG will bid up to the specified maximum bid amount to win the item, using only the amount needed to win the item. TBG has complete discretion whether and when to accept Proxy bids. The auctioneer's announcements at the time the lot is sold take precedence on any and all published materials. Proxy bidders will be notified only if they have been declared the high bid. Notification will take place in the form of an electronic invoice which will be sent to the email address provided during registration.

15. TBG, in its sole discretion, reserves the right to refuse the bid of any person without providing any notice or reason therefore. TBG reserves the right to deny the usage and access by any person or third party of any and all TBG Services and Websites without notification.

16. TBG, in its sole discretion, shall control all bidding increments and advances at any auction. The Branford Group reserves the right to reject any bid that is only a minimal increase over the preceding bid, that is not commensurate with the value of the item being offered or that The Branford Group believes was made illegally or in bad faith. In the event of a dispute among bidders, The Branford Group may, in its sole discretion, either accept what it deems to be the final bid or solicit further bids on the item in dispute. No returns or refunds will be permitted, unless authorized by the seller in writing.

17. TBG reserves the right, in its sole discretion, to sell items advertised as a public auction sale, on a piece by piece basis or as a complete lot. Without limiting the generality of the foregoing, TBG may accept a complete lot bid and then conduct an item by item auction which auction shall be effective only if the total proceeds there from exceed the amount of the complete bid.

18. All information provided by TBG to Buyers, including without limitation, any advertising, lot sales catalogs or otherwise, is subject to deletions, errors, additions, and changes without notice. Although information is gathered from sources thought to be reliable, TBG shall have no responsibility whatsoever for any information provided to any attendee or buyers. All buyers shall rely solely on their own investigation and inspection of any Goods.

19. TBG reserves the right to amend any and all of the Terms and Agreements stated herein at any time without notification at TBG’s sole discretion. It is the Buyers responsibility to read and review the Terms and Conditions for each sale. TBG provides the Terms and Conditions through its Websites and in printed form at on-site auctions.

20. If TBG is selling or auctioning any Goods on behalf of a third party owner, TBG shall act as an agent only and shall have no liability whatsoever for the acts of any owner/principal.

21. Buyers agree to comply will all US export control and related laws, and acknowledge that TBG is not the exporter of any purchased item. Certain items offered for sale at the auction may constitute "Restricted Technology." Under federal law, such items may not be shipped outside the United States. TBG makes no representation or warranty concerning, and has conducted no investigation to ascertain which items, if any, constitute Restricted Technology.

22. Buyers acknowledge that an auction site is a potentially dangerous place, Flammable, noxious, corrosive and pressurized substances may be present. Heavy equipment may be operated and electrical circuits may be live. Every person enters the auction site at his or her own risk with notice of the condition of the premises and the activities that will be or have been conducted on the premises. No person shall have any claim against TBG, the seller or their respective agents for any injuries sustained or for damages to or loss of property that may occur at the auction site.

23. If the Buyer fails to comply with any of the Terms, TBG shall have all rights and remedies available to it at law and in equity. Without limiting the generality of the foregoing, TBG may retain all deposits and partial payments received from Buyer and may resell any Goods that Buyer fails to purchase. Buyer shall be responsible for all costs, losses, and damages suffered by TBG (i) as a result of Buyer's breach of any of the Terms, including without limitation, lost profits and consequential damages, and (ii) incurred in connection with the enforcement of TBGS' rights, including, without limitation, legal fees and costs and expenses related to the resale of Goods, including storage and rigging fees.

24. The following is specific to the access and usage of TBG Websites including and not limited to any and all features and applications:
a. Each Registrant will specify a unique User Name and Password and it is solely the responsibility of the Registrant to maintain the confidentiality of this User Name and Password.
b. Registrants are solely responsible for any and all transactions or transmissions using their User Name and Password
c. TBG is not responsible for any and all unauthorized or compromised usage of the Registrant’s User Name and Password. Registrants are responsible for contacting TBG in writing for any and all unauthorized usage of their User Name and Password.
d. Registrants agree they will not:
i. Disrupt, interfere or create outages to computer networks that directly or indirectly affect TBG Websites.
ii. Falsely misrepresent or impersonate any other person or entity. Registrants are forbidden from misrepresenting a Registrant’s employment by or affiliation with any third party.
iii. Registrants are forbidden from posting, uploading, transmitting, publishing or distributing any and all information that contains viruses, code, files or programs with the malicious intent of affecting TBG Websites.
iv. Registrants agree they will not copy, modify, reproduce, distribute or sell any information or material provided through TBG Websites with the intent of commercially TBG Services and Websites.
e. TBG is not responsible for any and all products, content, information or material provided by links to or statements regarding third party services. This includes but not limited to riggers, shippers, partners and any third party services listed.
f. Registrants agree TBG and its affiliates, including partners, officers, directors, employees, agents, shareholders or co-branders, are not responsible for any and all damages, actual or alleged, resulting from the downloading of any information or materials from TBG Websites.

25. Buyers agree they will not participate in any bidding practices with the intent of manipulating the bidding. Any and all forms of collusion between Buyers is forbidden. Buyers agree they will not place bids under false names or Buyer Information.

26. TBG reserves the right to withdraw or sell any assets contained in an auction prior to or proceeding the stated auction period without notification. TBG reserves the right to temporarily or permanently end an auction prior to or during the stated auction period at is sole discretion without notification. TBG, in its sole discretion, reserves the right to extend the stated auction period without notification.

27. Buyers agree they will defend, indemnify and hold harmless TBG, including its affiliates, directors, officers, employees, agents, shareholders, co-branders, or partners, from and against any and all claim, loss, damage, liabilities, judgments, fees and expenses incurred by TBG, including its affiliates, directors, officers, employees, agents, shareholders, co-branders, or partners, through the use of TBG Services and Websites.