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25 USD
0 Bid(s)
1
0 USD
USD
Live auction
Lot closed
Lot location
Gill, Massachusetts
Group of lots: 136A, 137
TCI Enterprises, LLC & Transcend Carriers, Inc.
Live
Venue address
48 Main Road
Gill, MA
01354
United States
TCI Enterprises, LLC & Transcend Carriers, Inc.

Auction dates
21 Jan 2014 10:00 ET
Auction currency
USD
Accepted cards

SALE SPECIFIC TERMS AND 
CONDITIONS

Buyers Premium: Capital 
Recovery Group, LLC (CRG) 
will charge buyers a non-
negotiable buyers commission 
based on the amount of the 
final bid of each lot sold. On-site
buyers will be charged a 15% buyers
commission and Bidspotter internet 
bidders will be charged a 18% 
buyers commission.

Payment Deadline: Within one 
(1) business day after invoice 
date.

Registration Requirements: 
All prospective bidders must 
provide accurate and complete 
personal information prior to 
the auction, including name, 
company name, mailing address 
and phone number, and credit 
card information (for internet 
bidders). First time internet 
bidders must first register 
on-line with BidSpotter at 
BidSpotter.com and then 
register on-line for the 
specific CRG auction. 
Internet bidders that have 
already registered with 
BidSpotter can register 
directly for the specific CRG 
auction. 

Deposit: CRG requires at 
registration a deposit of 25% 
of your total expected high 
bids. This can be in the form 
of cash, cashiers check, 
or bank wire transfer. Internet 
bidders are required to 
register a valid credit card 
number, which shall be subject 
to a 25% hold, and may be 
required to arrange for a bank 
letter of credit. CRG reserves 
the right to adjust the amount 
of the deposit or hold 
required in its sole 
discretion.

Removal, Shipping & Logistics:
Buyer or its authorized agent 
is responsible for removal of 
equipment by the Removal 
Deadline in accordance with 
all applicable terms and 
conditions.

Removal is by TBD. 
Hours: Monday through Friday- 
8:00 AM to 4:00 PM

Sales Tax: All applicable 
sales taxes apply. Buyer is 
responsible for providing 
documentation necessary for 
exemption or refund of sales 
tax paid.

Payment Instructions: Only 
cash, cashiers check,or bank 
wire transfer, are acceptable 
methods of payment. Credit 
cards are accepted only for 
internet bidding registration. 

Pay your invoice in full. You 
will then be given two (2) 
copies of your invoice. 
Return to the auction site 
during the removal hours with 
the pick-up copy of your 
invoice. The CRG 
representative will allow you 
to remove all of the items you 
purchased at the auction. If 
you are unable to remove all 
of your items in one day, 
bring the original white copy 
of your invoice when you 
return. This is the only way 
for CRG to be sure of which 
items you have already 
removed.

Other: By using or accessing 
any CRG services (including 
internet services), you agree 
that you have read and 
understood these terms and 
conditions and are bound by 
them. You may not use or 
access any CRG services if you 
do not agree to these terms 
and conditions. If you do not 
understand any terms and 
conditions, contact CRG at 
(860) 623-9060. 

DETAILED TERMS AND CONDITIONS

1. The additional terms and 
conditions below (?Terms?) 
shall apply to any bid by any 
party to, or purchase by any 
party from, Capital Recovery 
Group, LLC (?CRG?) in any 
transaction in which CRG 
serves as broker, agent, 
liquidator or auctioneer for 
any third party owner or for 
CRG, as principal. These Terms 
apply to all transactions 
including, without limitation, 
public auctions conducted by 
CRG and direct purchases of 
any item either before, after 
or independent of any public 
auction. By using or accessing 
any CRG services (including 
internet services), you agree 
that you have read and 
understood the Terms and are 
bound to the Terms. You may 
not use or access any CRG 
services if you do not agree 
to the Terms. If you do not 
understand any Terms, contact 
CRG at (860) 623-9060. These 
Terms, the Sale Specific Terms 
and Conditions, terms and 
conditions contained in the 
auction catalogue and 
announced at the auction may 
collectively be referred to 
hereinafter as the 
"Terms and 
Conditions?.

2. All prospective bidders 
must provide accurate and 
complete personal information 
and agree that whether they 
are acting as principal, 
agent, member, officer or 
director of a corporation, 
limited liability company or 
otherwise in any capacity 
whatsoever, they are 
personally liable for the 
payment of the purchase price, 
Buyer?s Premium and taxes 
payable with respect to any 
and all lots for which they 
are the successful bidder at 
auction. CRG reserves the 
right to refuse any applicant 
the privilege of bidding or 
attending the auction and may 
revoke such privilege at any 
time.

3. CRG requires a deposit of 
25% of your expected high bids 
at registration. This can be 
in the form of cash, 
cashier?s 
check, company or personal 
check with a bank letter of 
guarantee or bank wire 
transfer. Internet bidders are 
required to register a valid 
credit card number, which 
shall be subject to a 25% 
hold, and at CRG?s discretion 
may be required to arrange for 
a wire transfer or bank letter 
of credit prior to or during 
the auction in lieu of such 
hold. CRG reserves the right 
to adjust the amount of the 
deposit or hold required in 
its sole discretion. 

4. The highest bidder for each 
lot shall be the buyer, and if 
any dispute arises as to any 
bidding, or between two or 
more bidders, at the sole 
discretion of the auctioneer, 
the disputed lot shall be put 
up again at the last 
undisputed bid and resold. CRG 
shall regulate the bidding and 
be the sole arbiter. No bidder 
may retract its bid. CRG shall 
have no liability arising from 
any dispute between bidders. 
CRG reserves the right in its 
sole discretion to group one 
or more lots or items, add or 
delete lots or items, or set 
bidding increments. CRG also 
reserves the right to reject 
any bid which is only a 
fractional advance over the 
preceding bid, and to set 
and/or modify a reserve price. 
CRG and/or its affiliates or 
subsidiaries may bid at the 
auction either for its own 
account or on behalf of a 
third party. ALL SALES ARE 
FINAL. THERE SHALL BE NO 
RETURNS FOR ANY REASON. 

5. CRG will charge and retain 
a non-negotiable buyer?s 
commission (?Buyer?s 
Premium?) 
on the proceeds of any sale 
based on the final bid of each 
lot sold, which will be posted 
and/or announced for each 
sale.

6. Where required by law, 
buyer shall pay all applicable 
sales tax to CRG. Tax will be 
added to the purchase price of 
all purchased items and the 
Buyer?s Premium. Buyer is 
responsible for providing all 
documentation necessary at 
time of purchase for exemption 
or refund of sales tax.

7. CRG will invoice 
successful bidders after the 
auction. Only cash, cashier?s 
check, company or personal 
check with a bank letter of 
guarantee, or bank wire 
transfer are acceptable 
methods of payment. Credit 
cards are accepted only for 
internet bidding registration. 
All purchases must be paid in 
full upon receipt of invoice 
in accordance with the Terms 
and Conditions. The credit 
card hold will remain in place 
as a non-refundable, 
irrevocable deposit until 
payment in full. If CRG feels 
insecure or has not received 
payment within one (1) 
business day after invoice 
date from an internet bidder, 
internet bidder authorizes CRG 
to (i) sell any purchased 
item(s) to the second highest 
bidder, (ii) put such items up 
again at auction, and/or (iii) 
charge bidder?s purchases to 
the credit card left on file 
during the registration 
process. 

8. All machinery, equipment, 
merchandise and other property 
(collectively, ?Property?) 
is 
sold ?AS IS, WHERE IS, WITH 
ALL FAULTS? with no 
warranties 
or representations as to 
title, fitness of purpose, 
quantity, quality, 
merchantability, state, 
condition, location, value or 
otherwise. In no event shall 
CRG or the owner of the 
Property (?Consignor?) be 
responsible for correctness of 
description, genuineness, 
attribution, provenance, 
authenticity, authorship, or 
completeness. CRG, Consignor 
and Site Owner and their 
Representatives shall have no 
liability to buyer due to non-
delivery of any item for any 
reason other than to return to 
buyer the monies deposited or 
paid for such non-delivered 
items. If a shortage exists 
with respect to items in a 
sold lot, an adjustment to the 
sale price may be made by CRG 
in CRG?s sole discretion. 
CRG, 
Consignor, and the Site Owner 
and their Representatives 
shall not be liable for any 
lost profits, incidental or 
consequential damages or the 
replacement value of any item. 
All advertising, catalogs, and 
other sources of information 
provided by CRG are subject to 
additions, deletions and prior 
sale. No statement (oral or 
written) in the catalog, at 
the auction or website, or 
elsewhere shall be deemed a 
warranty or representation. No 
sale shall be invalidated and 
CRG shall have no liability 
for a description of any item 
or lot whether contained in a 
catalog, advertisement or 
otherwise, or made at auction. 
Descriptions are provided for 
guide purposes only and may 
not be relied upon by bidders 
for accuracy or completeness. 
Bidders are deemed to rely 
entirely upon their own 
inspections and 
investigations. 

9. Buyer hereby acknowledges 
that it, or an agent acting on 
its behalf, has inspected, or 
has had the opportunity to 
inspect, all of the lots upon 
which it will be bidding. 
After a sale has been 
confirmed, buyer shall be 
deemed to have inspected all 
purchased lots.

10. Internet bidding is 
offered as a service to our 
customers, and prospective 
bidders shall not hold CRG or 
its internet service 
provider(s) liable if any of 
their respective websites are 
unavailable for any reason. 
Access to any such website may 
be suspended temporarily and 
without notice in case of 
system failure, maintenance, 
repair or for other reasons. 
CRG reserves the right to 
relist or adjust bidding 
periods on any auction due to 
system malfunction. 

11. CRG will accept bids from 
Buyers who wish to bid, but 
cannot attend the auction. The 
bids may be placed online at 
the auction website or in 
writing in a form acceptable 
to CRG, but must be submitted 
in advance of the sale. All 
bids must state the highest 
bid price, net of the Buyer?s 
Premium and any applicable 
taxes, and be accompanied by a 
refundable deposit equal to 
25% of the highest bid price. 
CRG in its sole discretion 
reserves the right to 
establish a reserve or minimum 
price on any lot without 
having to announce, post or 
publish notice to attendees 
and buyers at any auction. CRG 
and/or its affiliates or 
subsidiaries may bid at the 
auction either for its own 
account or on behalf of a 
third party. CRG may implement 
such reserve by opening the 
bidding on behalf of the 
seller and may bid up to the 
amount of the reserve by 
placing successive or 
consecutive bids for a lot in 
response to other bidders.

12. Removal hours, dates and 
deadlines will be posted 
and/or announced for each sale 
and will be strictly adhered 
to. All purchases must be 
completely removed no later 
than the date specified. NO 
MERCHANDISE WILL BE RELEASED 
DURING THE AUCTION SALE OR 
WITHOUT PAYMENT IN FULL. Buyer 
is responsible for arranging 
for packing and shipping of 
all lots purchased and paying 
for all shipping and handling 
charges. Buyer expressly 
assumes all responsibility to 
secure all safety equipment 
and to meet all applicable 
local, state and governmental 
safety standards in using or 
removing any items purchased. 
All contracted riggers and 
movers must have an insurance 
certificate on file with CRG 
with a minimum of $2,000,000 
in comprehensive liability 
insurance written by an 
insurance carrier of national 
standing in form, scope and 
content acceptable to CRG in 
its sole discretion and which 
names CRG and, if applicable, 
Consignor, as additional 
insured(s) and lists as the 
location the auction location, 
before any item may be 
removed. Insurance 
certificates should be faxed 
to our office at (860) 623-
9160.

Buyer is responsible for 
providing its own forklifts 
and material handling 
equipment for removal of its 
purchased items. Material 
handling equipment sold at 
auction may not be used in the 
removal of any items except by 
the buyer of said equipment. 
CRG is not responsible for any 
missing or lost small lots or 
items therein if they have not 
been removed within 48 hours 
of the conclusion of the sale. 
Buyer is solely responsible 
for properly removing all 
fluids, oils, and hazardous 
materials from machinery 
purchased at auction. All oils 
must be properly stored in 
appropriate sealed containers.

13. Title to the offered 
lot(s) shall pass to buyer 
upon payment in full to CRG 
and removal of purchased 
lot(s) from the premises, 
subject to compliance by buyer 
with the Terms and Conditions. 
CRG reserves the right to 
cancel or void the sale of any 
lots purchased by buyer up to 
the time such lots are removed 
by buyer.

14. Each buyer and bidder 
agrees to indemnify, hold 
harmless and defend CRG, 
Consignor, and the owners of 
the auction site (?Site 
Owner?) and their respective 
officers, directors, agents, 
employees, and principals 
(individually and 
collectively, 
?Representatives?) from and 
against any and all losses, 
damages, liabilities and 
claims, and all attorneys 
fees, costs and expenses 
arising out of, based upon or 
resulting from (i) any loss or 
injury resulting from buyer?s 
failure to secure all safety 
equipment and/or to meet all 
applicable government safety 
standards in removing items 
purchased or in use, (ii) any 
act by or omission of CRG, 
Consignor, or Site Owner or 
their Representatives, 
relating to or affecting the 
items bid on or purchased by 
buyer, or (iii) any injury to 
buyer or any other person or 
property of any type 
whatsoever caused during the 
inspection, auction, 
dismantling, removing, 
transporting or use of the 
items purchased.

15. Buyer agrees to 
indemnify, defend and hold CRG 
harmless with respect to all 
costs, expenses, liabilities, 
damages and claims, including 
without limitation, attorneys 
fees, asserted by any person, 
entity or governmental agency 
against CRG directly or 
indirectly relating in any 
manner to any hazardous or 
toxic materials, which may be 
regulated under applicable 
laws, rules or regulations 
(collectively, ?Hazardous 
Materials?) and which relate 
in any way to the dismantling 
or removal of any purchased 
item. CRG shall in no event be 
obligated to sell any items 
which contain Hazardous 
Materials, or to incur any 
costs or expenses relating in 
any manner, either directly or 
indirectly, to any Hazardous 
Materials. Buyer will be 
responsible for any and all 
remediation costs related to 
the dismantling, removal and 
operation or use of any 
purchased items.

16. CRG is not responsible 
for the acts or omissions of 
(i) any party who provided any 
items to CRG for sale, (ii) 
the Site Owner or Consignor or 
their representatives, (iii) 
the owner or lessor of the 
site where the items are 
stored, or (iv) any party that 
provides services to CRG, 
including without limitation, 
telecommunications and 
internet bidding services. 

17. If buyer fails to pay the 
entire purchase price and/or 
fails to comply with the Terms 
and Conditions, CRG may retain 
the Buyer?s deposit as 
liquidated damages or charge 
buyer?s credit card the hold 
amount as liquidated damages. 
In addition, buyer shall lose 
all right, title and interest 
in the applicable lots and CRG 
may resell such lots at a 
public or private sale without 
further notice. If, at such a 
sale, any such lot is sold for 
a lesser price, the original 
buyer (defaulter) will be 
responsible for the difference 
between the original selling 
price and the resale price. 
Furthermore, any charges, fees 
and/or expenses incurred by 
CRG as a result of resale will 
also be the responsibility of 
the defaulter. This also 
includes any attorneys? fees 
that may result in enforcement 
of the Terms and Conditions.

Time shall be of the essence. 
If buyer fails to make payment 
or remove purchased lots 
within the specified times, 
such lots will be deemed 
abandoned by the buyer, buyer 
shall forfeit all monies paid 
to CRG for the purchase of 
such lots, and buyer shall 
forfeit the right to purchase 
such lots. In addition, buyer 
shall be responsible for all 
damages suffered by CRG, 
including, but not limited to, 
any dismantling, 
transportation, storage or 
other costs, including 
attorneys? fees incurred by 
CRG as a consequence of 
buyer?s failure to remove 
such 
lots.

18. Every person at the 
auction site acknowledges that 
an auction site is a 
potentially dangerous place 
with noxious, corrosive and 
pressurized substances being 
present, heavy equipment being 
operated and electric circuits 
being live. Every person at 
the auction site before, 
during and after the auction 
sale shall be deemed to be 
there at its own risk with 
notice of the condition of the 
premises, the activities on 
the premises and the conduct 
of third parties, and the 
bidder shall so advise its 
agents and employees. No 
person shall have any claim 
against CRG, Consignor, or the 
Site Owner or their 
Representatives for any 
injuries sustained nor for 
damages to or loss of property 
which may occur from any cause 
whatsoever. CRG, Consignor, 
and the Site Owner and their 
Representatives shall not be 
liable for any lost profits, 
incidental or consequential 
damages or the replacement 
value of any item.

19. Any dispute or 
controversy arising out of or 
relating to the auction or any 
interpretation, construction, 
performance or breach of the 
Terms and Conditions shall be 
resolved by final and binding 
arbitration conducted through 
the American Arbitration 
Association in Hartford, 
Connecticut. Should any party 
to this agreement institute 
any arbitration or other 
action or proceeding in any 
way relating to the auction, 
or to enforce, interpret or 
apply any provision of the 
Terms and Conditions, the 
parties agree that the 
prevailing party shall be 
entitled to reimbursement by 
the losing party of all 
statutory and non-statutory 
costs and expenses, including, 
but not limited to, all of its 
attorneys? fees. The 
validity, construction and 
performance of the Terms and 
Conditions shall be governed 
by the substantive law of the 
jurisdiction where the auction 
was conducted. If any 
provision of the Terms and 
Conditions is deemed illegal, 
invalid or unenforceable, the 
legality, validity and 
enforceability of the 
remaining parts, shall not be 
affected.

BidSpotter Customer Service Support Department

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