TERMS AT-A-GLANCE
1. All Bids received by the Agent will be considered irrevocable offers which may not be withdrawn until acted upon by the Agent and may not be contingent upon: (i) Obtaining financing or the completion of additional due diligence; (ii) Board approval or; (iii) Any other conditions other than such other conditions expressly approved, in writing by the Agent.
2. The Property is sold on an “As Is” “Where Is” basis. Agent has made all reasonable efforts to compile supporting data for the Property, and although information has been obtained from sources deemed reliable, Agent makes no representations or warranties, either express or implied, including, but not limited to, representations or warranties as to quality, condition, accuracy, completeness, exclusive or non-exclusive rights to use, description, merchantability, or fitness for any particular purpose, including any warranty of merchantability or fitness for a particular purpose or warranty against patent, trademark, copyright or trade secret infringement.
3. Purchase of the Property is limited to information contained on each list and does not include any contractual relationships, or any product or items associated with any specific customer or supplier.
4. Agent has made all reasonable efforts to compile supporting data for the Property. Agent does not make any representations or guarantees as to its accuracy, completeness or the exclusive or non-exclusive rights to use the Property. All information provided by the Agent has been prepared solely for the convenience of potential bidders to assist them in their determination of whether they wish to bid for the Property. It is assumed that any bidder has done his or her own due diligence and as such, your bid is not conditional upon due diligence. It is also acknowledged by each prospective bidder that the Agent does not make any warranties or representations and that any and all representations or warranties, express or implied, are hereby disclaimed;
5. Successful bidder(s) not completing payment within the aforementioned time period will forfeit their deposits and any monies collected as liquidated damages.
6. Deposits on all rejected bids will be returned within five business days after the Agent’s determination of the successful bidder(s).
7. By submission of a Qualified Bid, a bidder shall be deemed to acknowledge that (i) bidder had an opportunity to inspect and examine the Property included in the Lot(s) on which it bid and to review available documents with respect to such Property prior to making its offer, (ii) that such bidder relied solely on its own investigation and inspection of such Property in making its offer, (iii) in the event bidder submits a bid without inspection or performing its own due diligence, it does so at its own risk, (iv) such bidder is not relying upon any written or oral statements, representations or warranties of the Agent, or any of their agents or representatives, and (v) bids are not contingent upon any further due diligence once submitted.
8. The Agent is not bound to accept the highest or any offer and reserves the right to accept and/or reject any and all bids. If in Company and Agent’s determination, no acceptable bids are received by the Bid Deadline, Agent reserves the right to postpone the sale to a future date.
9. All purchases must be paid in full before Agent will release any Property.
10. All fees or costs associated with any of the Property, including, but are not limited to transfers and registration fees to the successful bidder(s) are the sole responsibility of the successful bidder(s).
11. Any bids submitted that are subject to, or include, any warranties, limitations, removal extensions, right of return, break-up fee, expense reimbursement or any terms or conditions, not already contained in the Bid Procedures will fail to qualify as a Qualified Bid and will be rejected.