By Order Of:
Leading European Circuit Board Manufacturer
Renowned Multilayer Large Format, Backplane, & HDI Producer
Complete Closure of a 10,000 m2 Mfg. Facility
1 of 3 in a Series of Upcoming Auctions
(PPCE1212)

Auction Type
Date & Time
Auction Date: Friday, November 23rd, 2012 at 16:00 (CET ) 
Auction Ended: Wednesday, December 5th, 2012 at 14:00 (CET)
Inspection/Preview
Wednesday, November 28th, 9:00 to 16:00 CET
Sale Location
Currency
Euros
Buyers Premium
An18% BP for buyers paying via Cash, Cashiers Check, Company Check or Wire Transfer will apply to your purchase. (Example: a €100 purchase paying by cash instrument the total with BP is €118)

Please Note: No Credit Cards will be accepted for this sale!
Featured Items
  • Siemens EPM AUT2 102 Press
  • Posalux Multifor 25Z CNC Drilling Machine
  • Jifaro Loader
  • (2) Von Arx Power Shears-Guilotenes
  • Large Quantity of Spare Parts for Hollmueller
  • New Pumps
  • Pallet Racking
  • Forklifts
  • Shears
  • Office Furniture
  • Computers
  • QC Guages & Small Lots
In Conjunction With:
Location
Cham, Switzerland
Lot #s:
TBD
Inspection/ Preview:
Wednesday, November 28th, 9:00 to 16:00 CET
Sales Tax:
8% VAT

Foreign buyers, i.e. buyers not being based in Switzerland, have to pay the legal
Swiss VAT as deposit to the auctioneer. After reception of the original, valid
exportation documents, which are properly stamped to prove that the export is
carried out, the auctioneer will refund the Swiss VAT paid as deposit.
Removal:
All items must be removed shortly after the auction. Removal due date will be announced soon.
*Rigging/Shipping:
Suggested Riggers will be posted in the near future.

Note: TBG is not the Shipper.

The buyer is fully responsible for the dismantling, loading and transportation of the
bought lots. The Branford Group and its partners cannot accept any responsibility unless indicated
otherwise. The collection/pick-up will only take place on the mentioned delivery
date/time and address. If the collection of the goods happens later, the customer is
responsible for the costs (hire, extra costs)

Absentee (Proxy) Bids & Accounting Contact:
Please call 203-488-7020
Equipment & Preview Contact:
Please call 203-488-7020
Removal Contact:
Please call 203-488-7020
Sale-Specific Terms & Conditions
General conditions Online Auction 
Article 1. Definitions
Article 2. General Terms and Conditions
Article 3. Registration
Article 4. Auction

General Terms and Conditions of Use:
The general terms and conditions which regulate the use of the Website of Troostwijk Veilingen B.V.

General Online Auction Terms and Conditions:
The present General Terms and Conditions, which define the stipulations of an auction

User: A person who registers on the Website of Troostwijk Veilingen B.V.

User contract: The contract between Troostwijk Veilingen B.V. and the user

Bidder: A person who submits a bid at an online auction

Bid: Each binding amount offered for an item in the auction by the user

Purchase price: Composed of the highest bid at the end of the auction, the surcharge and possibly incurring
VAT.

Purchase contract: Contract between the buyer and the seller which results from the adjudication by Troostwijk

Buyer: Bidder who receives the knock-down for the item

Lot: Item(s), which is/are auctioned (combination = several items offered under one lot number)

(Online) Auction: The auction of movable goods organised by Troostwijk on the website of Troostwijk Veilingen B.V.

Registration: Registration of the user on the website of Troostwijk Veilingen B.V., whereby the registration form on the website must be completely filled out
Specific Online Auction Terms and Conditions:
Special requirements for a specific auction

Troostwijk: Troostwijk plc, Zurich

Seller: The person or persons who commission the auction of a lot

Website: The website www.TroostwijkAuctions.com, which is maintained by Troostwijk Veilingen B.V. in Amsterdam and which is the platform for auctions carried out by Troostwijk

Knock-down: Confirmation by Troostwijk that the highest bidder wins the bid for an lot or combination by payment of the purchase price.

2.1 Troostwijk auctions take place on the website of Troostwijk Veilingen B.V., which provides the platform for auctions. The website is used by
the user according to the General Terms and Conditions of Troostwijk Veilingen B.V.
2.2 The General Online Auction Terms and Conditions contain the general regulations for the auction. The auction takes place solely on the basis
of these terms and conditions, which are accepted by participation at the auction. At an auction, Specific Online Auction Terms and
Conditions may also apply. These contain amendments or deviations to the General Online Auction Terms and Conditions. The Specific
Online Auction Terms and Conditions shall have precedence.
2.3 Troostwijk can amend these General Online Auction Terms and Conditions. Amendments shall enter into force upon receipt of a
corresponding notification by users and bidders.
3.1 Only bidders who have registered as users with Troostwijk Veilingen B.V. and who have accepted the General Terms and Conditions of Use
can participate at auctions.
3.2 Only persons who have accepted the General Online Auction Terms and Conditions and the Specific Online Auction Terms and Conditions for
an auction may submit a bid.
4.1. An auction can take place on behalf of the Seller and on his own account. Troostwijk is not a contractual party of a purchase contract which
results from a knock-down, but merely the agent of such a purchase contract.
4.2 Deadlines, such as the start and end of an auction, are contained in the Specific Online Auction Terms and Conditions.
Article 5. Cancellation, Technical Disturbances
Article 6. Viewing; Entry to Buildings and Premises
Article 7. Lots
Article 8. Bids
4.3 The organisation, preparation and execution of the Auction are Troostwijk’s business.
4.4 Troostwijk is authorized:
- to refuse the knock-down in general or—for important reasons—to specific Bidders;
- to exclude Bidders from an auction;
- to rectify mistakes made by Troostwijk for bids and/or knock-downs by a corresponding notification of the Bidder;
- to undertake other necessary measures;
4.5 The ruling of Troostwijk regarding what has taken place at an auction is binding.
5.1 Troostwijk reserves the right to cancel, prematurely terminate or extend an Auction on good cause shown. In cases of a technical disturbance
of the Website, or should it not be entirely accessible to some or all Users, Troostwijk has the right to prolong the Auction by up to 24 hours.
Troostwijk and/or the seller can reject bids without stating the reasons. Troostwijk and the Seller are entitled to place bids.
5.2 The User declares with his registration that he is aware of the particular circumstances of an Internet auction. He furthermore declares that he
is particularly aware of the fact that, according to the present status of technology, technical disturbances and breakdowns can occur which
can make access to the Internet auction and the Website either difficult or even impossible.
5.3 Troostwijk is only liable for the orderly execution of the auction on the Website of www.Troostwijkauctions.com, but not for technical
disturbances. The liability of Troostwijk is limited to and complies with the General Terms and Conditions for Online Auctions as outlined in
Article 15.
6.1 Dates for viewing appointments are listed in the Specific Online Auction Terms and Conditions.
6.2 Entry to buildings and premises is at a person’s own risk. Instructions by Troostwijk or any persons appointed by them must be followed.
Neither the Seller nor Troostwijk shall accept any liability for damages which have occurred as a result of entry to buildings and premises. In
any other case, the limits to liability contained in Article 15 of the General Online Auction Terms and Conditions for Troostwijk and the Seller
shall apply.
7.1 Individual Lots or Combinations shall be auctioned.
7.2 Combinations, the simultaneous auction of several Lots, shall be indicated in the system.
In the case of Combinations, the auction shall be carried out in two steps:
a) First, the individual Lots shall be submitted to auction. The Knock-down shall take place subject to the prior condition that the Lot is not
being adjudicated as part of a Combination. Bidding for the Combinations shall begin after the Knock-down for the individual Lots. If no bids
are made for the Combination, the Lots shall be auctioned individually.
b) Insofar as bids are made for Combinations, the following shall apply:
The Knock-down shall be awarded for the Combination when the highest bid which can be made for a knock-down of the Combination is
higher than the sum of the bids for the individual Lots. The Knock-down for the individual Lots is then considered as not effected due to lack of
condition precedent.
7.3 Troostwijk has the right to assemble different objects into Lots, divide Lots and/or remove them from the auction.
7.4 Troostwijk has the right to request a normal banking security from the Bidder in advance to back certain Lots.
8.1 A Bidder can submit Bids for auctions for which he is registered. Bidders can submit bids for one or several lots. Bids can only be made if
they are free of reserve and conditions. Bids are binding and cannot be retracted. The Bidder shall receive a confirmation by e-mail for every
bid submitted and overbid by a third party. This notification does not constitute the knock-down.
8.2 Bids can be submitted as static bids or proxy bids.
(a) static bid: The user bids a fixed amount for each Lot indicated in the system.
(b) proxy bid: the user indicates the highest price he is willing to pay for a Lot. The proxy bid is not displayed in the system. Should a third party
overbid the user, the current offer shall be increased by increments until a third party overbids the proxy bid. During this time, a proxy bid can
only be ceased by the user if he submits a static bid which constitutes the highest bid at that moment.
8.3 VAT and surcharge are not included in the bids. The amount of the surcharge results from the Special Online Auction Terms and Conditions.
8.4 Troostwijk and/or the seller have the right to refuse bids without giving a reason. Troostwijk has the right to submit bids on behalf of third
Article 9. Award & Contract of sale
Article 10. Transfer of risk/Transfer of title
Article 11. Buyer’s Obligations
Article 12. Collection
parties.
9.1 A purchase contract for one or several Lots is concluded only after the Knock-down. The Buyer shall be notified by e-mail about the resulting
purchase contract (knock-down). The Knock-down shall take place at the latest two working days after the end of the auction.
9.2 Troostwijk has the right to make no Knock-down or to grant one subject to condition precedent.
9.3 As a rule, the User who has made the highest bid shall receive the Knock-down. The Knock-down takes place if no other bid is made 10
minutes prior to the end of the auction. Should a further bid be submitted, the auction shall end upon the submission of the highest bid which is
not overbid within 5 minutes.
10.1 The risk of accidental loss of the objects purchased at auction as well as risk of loss or damage by fire, theft or burglary shall transfer to the
buyer after the knock-down.
10.2 Title shall be transferred to the buyer only after payment in full has been effected.
11.1 The buyer is obligated to pay the purchase price in addition to the mandatory sales tax and the surcharge as well as to collect the lot(s) when
the knock-down has occurred.
11.2 Payment must be effected to an account indicated by Troostwijk in the specified currency within three working days after the knock-down.
11.3 The statutory default interest shall be charged in the case of delayed payment. The seller’s rights shall comply with
the legal requirements.
11.4 Should the buyer not fulfil an obligation, particularly if:
(i) the purchase price is not paid in due time or not paid completely
(ii) the Lots are not collected in due time, and/or
(iii) the information required for delivery is not procured,
then it shall automatically be considered as default, without any further notice of default being required. Troostwijk shall then have the right to
cancel the purchase contract on behalf of the seller. In this case, Troostwijk is free to reassign the Lots to another Bidder, and Troostwijk
and/or the seller shall not be liable for damages.
11.5 In the event of a cancellation, the buyer shall be liable for payment of damages which ensue therefrom.
12.1 The Buyer is only authorized and bound to the dates and times listed in the Specific Online Auction Terms and Conditions for the collection
of items. For technical reasons, Troostwijk can determine that a particular Lot can be collected only after the delivery of other Lots.
12.2 The Buyer whose Lot(s) hinder/s the collection of other lots is obligated to see to the collection of those lots without delay after being notified
by Troostwijk by email and/or a message of the address supplied by the Buyer. Should this not occur, then Troostwijk shall have the right to
undertake the collection and possible storage of the items by third parties on the buyer’s risk and expense.
12.3 The Buyer is obligated to carefully disassemble, reassemble and collect his Lots. He shall be liable for damages which ensue to the property
of third parties in connection with the assembly and collection. Furthermore, he is obligated to protect Troostwijk and the Seller from any
claims by third parties which result from the dismantling, reassembly and/or collection of his Lots.
12.4 The Buyer is obligated to follow the instructions of Troostwijk and/or any persons mandated by Troostwijk for the dismantling, reassembly
and collection of his Lots.
12.5 The Buyer is obligated to ensure that he or the person(s) who take care of dismantling, assembly or transport shall be in possession of the
necessary authorizations. Neither Troostwijk or the Seller can be held liable for the lack of necessary authorizations and/or that the official
requirements are not upheld during dismantling, reassembly and collection.
12.6 In cases when it is necessary to dismantle buildings (in pieces) in order to remove the allotted Lots, prior consultation as well as written
agreement by Troostwijk are required, and the conditions set down by Troostwijk for awarding of the knock-down must be respected.
12.7 Troostwijk reserves the right to request a deposit prior to collection of Lots in order to cover possible damages. The Buyer shall be notified
of the Lots concerned and the amount of the deposit. The deposit shall be refunded to the Buyer after safe collection without any damage.
Article 13: Liability/Warranty of Troostwijk
Troostwijk shall only be liable for the preparation and carrying out of the auction according to the legal stipulations. In addition, the following shall
apply:
Article 14: Liability/Warranty of Seller
The Seller is liable to the Buyer for defects of the items in compliance with the following stipulations:
Article 15. Limitation of Liability Troostwijk/Seller
Article 16. Severability Clause/Written Form
Article 17. Applicable Law/Court of Jurisdiction
13.1 Claims by the Seller, the Bidder or the Buyer for neglect of duty shall be excluded, particularly for any advice regarding appraisals or flaws of
the Items.
13.2 The descriptions of the Items by Troostwijk, e.g. in the sales catalogue or in any listing, are based on the information supplied by the Seller.
Troostwijk shall only be liable for the correct transmission of this information, but not for its objective accuracy.
13.3 Details indicated by Troostwijk are only for the purpose of distinguishability and do not constitute any kind of guarantee.
13.4 The Items are used. Troostwijk shall not assume any guarantee for material flaws and defects of title and shall not be liable for the amount,
quality, measurements, year of construction or completeness.
13.5 The above restrictions shall not apply if Troostwijk acts intentionally or with gross negligence, is in breach of a fundamental contract
requirement or if bodily harm occurs.
14.1 The Buyer has had the opportunity to view the items in advance. The sale shall take place as viewed and excluding all warranties for defects
and title. The sale has taken place, particularly without guarantee for visible or latent defects or guarantee regarding completeness, number,
effect, utility, usability, saleability, the presence or absence of rights or claims of third parties and/or the transferability to third parties.
14.2 The Seller excludes liability for a particular characteristic or for common use of the items.
14.3 The Seller excludes all liability for publicity statements of the manufacturer.
14.4 The above restrictions shall not apply if the Seller has intentionally misrepresented any defects to the Buyer, breached a fundamental
contractual obligation or if any bodily harm occurs.
15.1 The limitation of liability is valid for Troostwijk and the Seller as well as for their legal representatives, managerial employees and auxiliary
helpers.
15.2 Liability shall only exist in the case of malicious intent or gross negligence.
15.3 Liability shall exist for collateral damage, particularly for lost profit, only in cases of intent or gross negligence.
15.4 The liability shall be restricted to the amount of typically foreseeable damages at conclusion of the contract, insofar as there is no case of
intent or gross negligence.
15.5 The above-mentioned restrictions do not apply in cases of breach of a contractual obligation, acceptance of an explicitly stated guarantee as
well as damages resulting from bodily harm, harm to health and obligatory legal regulations.
16.1 Should any of the provisions of these General Online Auction Terms and Conditions become completely or partly invalid, void or not
enforceable, it shall have no effect on the other provisions of the General Online Auction Terms and Conditions. The invalid, void or not
enforceable provision shall be replaced by a valid and enforceable provision which comes closest to fulfilling the parties’ economic goals
which were originally intended by the invalid, void or not enforceable provision.
16.2 Modifications and amendments of these General Online Auction Terms and Conditions shall only be effective upon written agreement by the
parties.
17.1 The General Online Auction Terms and Conditions and the obligations ensuing therefrom are subject to Swiss law. The UN Convention on
Contracts for the International Sale of Goods (CISG) shall explicitly not apply.
17.2 The exclusive court of jurisdiction for all disputes arising in connection with the auction shall be the court of Zurich (Canton of Zurich). The
General Terms and Conditions The General Terms and Conditions shall apply for disputes with the seller.
Terms & Conditions
**UPDATED February 2010**
 

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.

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. 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 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. 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. 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. TBG shall charge and collect from each successful bidder a buyer's premium 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 responsibility 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.

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. The auctioneer may add other terms and conditions of sale, such additional terms and conditions to be announced prior to the auction. The headings contained herein are for convenience only and shall not limit or alter the Terms hereof.

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 with 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.

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