IMPORTANT INFORMATION PLEASE READ BEFORE BIDDING.
GENERAL TERMS OF THE AUCTION: This auction is for U. S. Bankruptcy Court. Case # 19-13234-JDW. After the auction ends, the bid will be relayed to the Bankruptcy Trustee for further approval by Bankruptcy Court.
PROPERTY IS OFFERED UNDER THE SPECIFIC TERMS PROVIDED. PLEASE READ AND REVIEW THE TERMS THOROUGHLY PRIOR TO BIDDING. Following your review of these terms, do not bid if you do not agree or accept. By placing a bid, you are accepting the terms of this auction and will be held to the terms as they are presented and updated. These terms create a legal binding contract between you and Taylor Auction & Realty, Inc.
A 10% buyer premium applies on this auction. Sales or Use tax will be applicable dependent on where you register and / or house the boat. (See payment paragraph below). The hammer bid and the buyer premium will establish the final invoice price.
ALL PROPERTY IS SOLD AS IS WHERE IS WITH NO WARRANTY, EXPRESSED, WRITTEN OR IMPLIED and ALL SALES ARE FINAL: Taylor Auction & Realty, Inc. has put forth every effort in preparing the catalog for this auction. All information obtained came from the seller and/or third party sources.
Taylor Auction & Realty, Inc. may attempt to describe the vessel in advertising, on the internet and at the auction but makes no representations. Printed statements or descriptions by staff are provided in good faith and are matters of opinion. In no event shall Taylor Auction & Realty, Inc. be held responsible for having made or implied any warranty of merchant-ability or fitness for a particular purpose. Bidder shall be the sole judge of value. Bidders who bid from off-site understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. Taylor Auction & Realty, Inc. will not be responsible for any errors or omissions in the description of the merchandise. Bidder agrees that everything is sold as is and that they may not return any item they purchase.
The vessel may be inspected by appointment after arrangements made with Pensacola Shipyard through Taylor Auction & Realty, Inc. Any dates for inspection and removal will be detailed in an information lot on the catalog.
In order for us to have enough time to conduct authorizations, it is encouraged that your register and bid early. Waiting till the last minute to register and or become comfortable with the system could negatively affect your bidding. We encourage you to register at least 24 hours in advance of the auction.
In order to better serve our customers, all bidders must provide their name, address, daytime phone number or cell number, credit card information and email address at which they can be contacted. This is to insure good communication between Taylor Auction & Realty, Inc. and the bidder throughout any transactions. Each bidder's identity will be verified. Bidding rights are provisional, and if complete verification is not possible, Taylor Auction & Realty, Inc. will reject the registration, and bidding activity will be terminated. By your registration, you also agree to email marketing notifications of auctions.
Our on-line auctions move quickly! If you are interested in bidding, bid quickly, especially at the close of the bidding time. The bidding software will notify bidders by email when they have been outbid. Bidders may also find out if they have been outbid by refreshing the individual lot information or the entire screen. Due to varying internet connections speed, please place a max bid or constantly monitor the auction at close of bidding. Sometimes email notifications can be delayed. If you win you will be notified by email. It is recommended that you watch the auction at the extended bidding time session to make sure you are the high bidder.
Online Auctions are shared among the MarkNet Alliance Group and at marknetlive.com. By placing a bid, you agree to all of the terms and conditions which may be set forth by each individual auction company and expressly acknowledge and affirm that you have read and are familiar with the terms and conditions of each individual auction company as well as each terms and conditions of each individual auction. The Auctioneer Auction Company has the sole discretion to advance the bidding and may reject any and all bids which in the Auctioneers sole discretion does not advance and or injurious to the auction, including but not limited to minimal suspicious and/or suspect advances. The Auctioneer shall have sole discretion in deciding the successful bidder in the event of a bidding dispute. By placing a bid, you acknowledge that your bid is a legally binding offer to purchase the property being auctioned. Times shall be of the essence. Taylor Auction & Realty, Inc. reserves the right to update, lower bids, withdraw bids or re-catalog items in this auction. Winning high bidders are notified by email when the auction has closed. Bidders are responsible for checking their email to receive notification that they have won. .Auction company employees and/or Auction Company may bid on auction for absentee bidders or at the direction of interested and approved bidders who refuse to create an online account but desire to bid at the auction.
EXTENDED BIDDING on entire catalog:
Auctions are timed events and are subject to auto extend. Online Auctions have an auto extend feature of 5 minutes. Any bid placed in the final 5 minutes of an auction, the auction ending time will be automatically extended 5 minutes from the time the bid was placed. The auto-extend feature remains active until no further bids are received within the 5 minute time frame. At close of auction, all bidders are encouraged to watch the catalog in case in goes into extension. All lots will remain open during the extension period. If you have questions please call us 662-226-2080.
Internet bidders who desire to make certain their bids are acknowledged should use the internet bidding feature and leave their maximum bid. When you bid your max, the current bid price does not automatically go to your max bid. Someone else has to bid to increase the current price and the computer will automatically bid up to your max in the increments specified. Max bids are taken in the order of date and time placed.
BROWSER INFORMATION: Google Chrome and Mozilla Firefox is the preferred Internet Browser for our bidding platforms. Because Microsoft is phasing out support for Internet Explorer 8, 9 and 10, bidders are more likely to have issues with Internet Explorer when using our website.
REFRESH YOU SCREEN:
It is best to periodically refresh your screen. To refresh your screen, you need to click on `RESET CATALOG` or REFRESH ALL for the whole page to refresh or use the refresh button on your browser. This is most important at the end of the auction. Please call with any questions 662-226-2080. YOU MUST REFRESH THE SCREEN TO KEEP THE TIME ACCURATE.
TECHNICAL SOFTWARE ISSUES: NEITHER THE COMPANY PROVIDING THE SOFTWARE NOR THE AUCTION COMPANY SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON. Taylor Auction & Realty, Inc. is providing online bidding as a service to Bidder. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall Bidder have any kind of claim against Taylor Auction & Realty, Inc. or anyone else if the internet service fails to work correctly. Taylor Auction & Realty, Inc. will not be responsible for any missed bids from any source.
Time Increase or Decrease: In the event there are technical difficulties related to the server, software or any other online auction-related technologies, Taylor Auction & Realty, Inc., reserve the right to extend bidding, continue the bidding, or close the bidding or increase of decrease the extended time amount at the end of the auction.
INVOICES: Winning/ high bidders are notified by email after auction closes. Bidders are responsible for checking their email to receive bid and invoice notifications.
PAYMENT and REMOVAL TERMS:
Payment only by Wire Transfer.
Then arrangements will be made for removal in conjunction with the Pensacola Shipyard where the vessel is located. All invoices must be settled at the conclusion of the auction and within 24 hours. We request Payment made in full at the end of the auction and before removal date. Buyer is responsible for registering vessel in their state and paying Applicable SALES or USE TAX. Resale Tax Permits are allowed and accepted after verification of permit number and a copy is provided at checkout. Bill of sale from the Trustee will be assigned to Purchaser.
DEFAULT OF BUYERS: Successful bidder not paying for items at the end of the auction will be considered in default. Such default by the Successful Bidder will result in that Bidder’s liability to both the Seller and Auction Company. Seller shall have the right to (a) declare this contractual agreement cancelled and recover full damage for its breach, (b) to elect to affirm this contractual agreement and enforce its specific performance or (c) Seller can resell the items either publicly or privately with Taylor Auction and Realty, Inc. and in such an event, the Buyer shall be liable for payment of any deficiency realized from the second sale plus all costs, including, but not limited to the holding/transporting/storage costs of the items, the expenses of both sales, legal and incidental damages of both the Seller and Taylor Auction and Realty, Inc., Inc. In addition, Taylor Auction and Realty, Inc., Inc. also reserve the right to recover any damages separately from the breach of the Buyer. The purchaser agrees to pay all reasonable attorney fees and costs incurred by Taylor Auction and Realty, Inc., Inc. in the collection of funds. Taylor Auction and Realty, Inc. reserves the right to refuse bidding privileges to any person(s).
Arrangements in regard to payment and removal must be detailed to Taylor Auction & Realty, Inc. after receipt of the invoice. Please be aware of the removal requirements listed on the auction catalog as well as the auction details page. Buyers are to satisfy themselves as to condition prior to bidding. We will not be held responsible for any issues discovered after the vessel is removed from the Shipyard. Bidder agrees that everything is sold as is and that no return or refund will be granted on purchase. Taylor Auction & Realty, Inc. will not be held accountable for buyer's additional expenses such as loading cost, commission, transportation, mechanical repair fees, etc...
SOLE AND EXCLUSIVE VENUE & JURISDICTION OF ALL DISPUTES: Any and all claims, including debt collection and all other disputes of any kind, nature, or character whatsoever arising from this auction sale shall be brought in the appropriate court of Grenada County, Mississippi, and shall be governed by the laws of the State of Mississippi; Seller, Bidder and Buyer each individually and collectively by virtue of participating in the Auction conducted by Taylor Auction and Realty, Inc. do hereby irrevocably agree to submit themselves and any claims to the jurisdiction and venue of the courts of Grenada County, Mississippi, and the laws of the State of Mississippi, which shall be the sole venue and jurisdiction for the resolution of any claims between them and Taylor Auction and Realty, Inc. regardless of the nature or location of the property sold or purchased or the physical location of the Auction. The successful purchaser agrees to pay any and all reasonable attorney fees and costs incurred by the Auction Company, the seller and / or their servants, agents or employees in the commencement or defense of any actions hereunder as well as in the collection of any obligations hereunder. The purchaser agrees that a fee of 2% per month be added to the balance of any unpaid balance due the Auction Company and any other costs or losses incurred by the purchasers’ failure to adhere to these terms.
HOLD HARMLESS: Buyer and or bidder agrees that Taylor Auction and Realty, Inc. is a representative of the Seller and agrees to hold harmless and indemnify Taylor Auction & Realty, Inc. and its Agents, Owner, Directors, Employees and its Representatives from any and all claims, demands, expenses, damages which bidder/buyer may claim on account of or any way growing out of said auction and to look solely to the Seller for any remedy demanded.
Bidder Acknowledgment: Bidder acknowledges that no relationship of any nature or type, agent, employee, independent contractor or otherwise is created between bidder and auctioneer, affiliated auction companies, affiliated software companies and or any servant, agent or employee of the same by bidder’s participation in this auction. Bidder acknowledges and agrees that Auctioneer is acting solely as the agent for the seller in this auction.
Bidder Responsibilities: Bidder responsibilities include, but are not limited to: Bidders agree to keep their username and password confidential, as they are responsible for ANY and ALL activity involving their account. When using the web site you must obey any and all local state and federal laws. Violations will result in termination of web site use privileges. Auction company employees and or Auction Company may bid on auction for absentee bidders or at the direction of interested bidders.
Guaranty Agreement in regard to bidding for a business entity: By submitting a bid in the name of a business entity or corporation, the individual submitting the bid enters into a guaranty agreement whereby he or she personally guarantees payment to Taylor Auction & Realty, Inc. and completion of the transaction.
Liability Waiver and Release: By agreeing to these terms and bidding on this auction, you voluntarily release, indemnify, defend and hold Taylor Auction & Realty, Inc and Seller, and their respective agents and employees (each a “Released Party”) from any and all liabilities, claims, losses, causes of action or expense of any kind, including reasonable attorneys’ fees, resulting from a Released Party’s negligent act or omission, arising out of my participation in and presence whether related to bodily injury, infection due to COVID-19 virus, property damage, or any other form of injury or loss in regard to INSPECTION DAYS or at REMOVAL DAY of my purchase at the auction.
I understand the risk associated with being outside of my home and the proximity of others during the COVID-19 virus pandemic. I understand the COVID-19 Virus is highly infectious and contagious. I acknowledge the activities to which this release applies can be dangerous, I am accepting those risks for myself and for any participants who may be in my care. I acknowledge receipt of the COVID-19 Safe Practices Sheet detailed at Taylor Auction & Realty, Inc. website. I further acknowledge that I am familiar with local, state and federal guidelines and executive orders related to the COVID-19 virus and social distancing. I am participating at the Auction of my own free will.
Reasonable Accommodation: Taylor Auction & Realty, Inc. as an employer and professional service organization which has no intention to discriminate on the basis of disability or other legally prohibited basis. We are an affirmative action, equal opportunity employer and service provider. Our decisions are made without regard to race, color, religion, sex, disability, sexual orientation, gender identity, national origin, veteran status, or genetic information. Accommodations are made in regard to hiring employees or assisting clients or customers in regard to our services unless the accommodation will impose an undue hardship.
Requests for reasonable accommodations should be directed to Ruthie Taylor @ [email protected]
By bidding on any item, the bidder shows acceptance of the terms of the auction.
Benny and Ruthie Taylor
Taylor Auction & Realty, Inc.
INFORMATION IS SUBJECT TO CHANGE
Announcements in the form of updated terms posted on the website will take precedence over any prior viewed terms at registrations, previously material or any other oral statements made. Please view the terms periodically for any changes.