TERMS & CONDITIONS OF SALE

BUSINESS LIQUIDATION AUCTION

TIMED AUCTION

All Moving Services, Guardian Logistics

1. SCOPE:

• The vehicles and equipment used in the operation of All Moving Services and Guardian Logistics will be offered for sale at a Timed Bid Auction. The Auction is being conducted because these assets are no longer needed because the businesses are being liquidated and are no longer functioning.

2. AUCTION DATE:

• This auction will be a Timed Bid On-Line Auction. The auction will be conducted on Proxibid.com's platform.
• Registration for the auction will be through Proxibid.com, and bidders will be required to provide credit card information only for verification.
• The auction will open on September 20, 2024, at 5:00 PM, and lots will start closing on September 26, 2024, at 3:00 P.M.
• The auction website will use staggered closing times, but all bids will close on September 26, 2024.

3. REPORTING OF BIDS:

• All High Bid Prices will be reported to the Sellers' representatives. Bids received after published closing times will not be accepted except those that fall under the conditions of Extensions of Bid described in the following paragraph.
• If a bid or bids are made during the last two minutes of an auction, the ending time for the auction will be extended for an additional two minutes. Extensions will continue until no further bids are received within the last two minutes of the auction. National Auction Company or representatives of the Sellers have no control over this process.

4. FORM OF AUCTION:

• All Vehicles, Trailers, and Equipment included in this Timed-Bid Auction are offered Subject to the seller's Confirmation.
• If the sellers do not confirm the top bid prices, items may be withdrawn from the auction and offered at another time at the seller's discretion. It is expected that all top bid prices will be confirmed, and Top Bidders will be notified that their bid has been accepted within 24 hours of the auction closing.
• It is expected that all top bid prices will be confirmed.
• National Auction Company reserves the right to establish minimum amounts for opening bids. If bidders do not comply with the minimum amounts stated, bids received that are less than those set forth will not be accepted.
• National Auction Company and its Officers will not be registered as Bidders in this auction but will monitor the event on Proxibid.

5. PLACE:

• The National Auction Company is conducting the Auction, and information about the auction and items included can be found at www.natlauction.com. Proxibid's auction platform will be used for this auction event.

6. INSPECTION OF VEHICLES:

• Vehicles, Trailers, and Equipment included in this auction are not available for Preview because they are stored in a secured location. Pre-event previews can only be scheduled by appointment with the Auctioneer and his staff. Those desiring to preview the auction inventory should contact George Richards to schedule (954-658-5033).
• Potential bidders/purchasers will not be permitted to drive any vehicle before the auction. ALL VEHICLES, TRAILERS, AND EQUIPMENT ARE BEING OFFERED IN AS-IS CONDITION.
• Information is provided for all assets scheduled for inclusion in this auction, and descriptions and photographs are published on the Auctioneer’s website.
• The Website includes videos of Vehicles that could be started. It is possible that inventory described as “Non-Run” could be started and driven; however, at the time the auction materials were being gathered, those marked as Non-Run could not be started.
• Most vehicles in this auction have not been driven for an extended period. Some of them will not start on their own and may require new batteries and/or repairs. In addition, the condition of tires is unknown, and it is possible that some of the vehicles cannot be safely driven long distances.
• Every effort has been made to accurately illustrate and describe the condition of every item included in this auction; however, it is possible that none of the defects were observed. It is also possible between the time auction materials were gathered and when items are picked up by Top Bidders, charging levels in batteries could have changed. The fact that auction materials state that an item could be started but will not start when it is picked up will not cause any sale to be voided. Every effort will be made to assist as much as possible.
• Potential bidders should be aware that vehicles shown in videos with engines running and being moved may have been out of service for an extended period. Purchasers/Bidders should not assume Vehicles can be driven long distances. Purchasers/Bidders are encouraged to check fluid levels before attempting to drive them.
• Many Vehicles included in this auction may be exempt from odometer/mileage statements. Odometer readings/hour meter readings included as part of the vehicle information are as noted by The Auctioneer’s staff and might not be accurate. To the greatest extent possible, the odometer readings stated in the auction materials were verified. If actual odometer readings/hour meters are different from those reported in the auction information, it will not be a cause for the invalidation of the sale.
• Each item included in this auction is specifically offered and sold in As-Is condition without guarantee or warranty, expressed or implied.
• Information not included on the website can be obtained by contacting George Richards at (954) 658-5033. It is possible specific information requested may not be available.

7. CONDITIONS OF SALE AND DELIVERY:

• The Sellers are offering Vehicles, Trailers, and Equipment for sale at Public Auction for cash to the highest bidders.
• Any supplemental announcements that might be necessary will be sent as emails through the website and distributed to all registered bidders.
• Despite efforts to avoid withdrawal of items from the sale list after being published and/or advertised, there could be circumstances when such action is necessary. The Sellers reserve the right to remove any item from the auction, cancel or postpone the auction, and reserve the right to accept or reject any/all bids.
• All Vehicles, Trailers, and Equipment are being offered and sold “as is” and “where is.” Neither the Sellers nor National Auction Company make any warranty or guarantee, expressed or implied, regarding the operation or condition of any item included in the auction. Even though great effort has been made to ensure the accuracy of the information, it is possible that the information provided might not be correct.
• Once the top bid prices have been received, communicated to the Sellers, and confirmed, all sales are final and will not be subject to any refunds or exchanges.
• All successful bidders (s) agree to comply with all terms and provisions as listed above.

8. BUYER’S PREMIUM:

• A 13% Buyer’s Premium will be added to all top bid prices and included in the final purchase price.

9. NOTIFICATION TO TOP BIDDERS:

• All Top Bidders will be notified their bid has been accepted by the National Auction Company through the E-Mail address supplied at the time of Bidder Registration.
• Payments can be made by Cash, Money Order, Certified Check, or Cashier’s Check. All checks should be made payable to National Auction Company, Auctioneer’s Escrow Account. Personal and Corporate Checks will only be accepted when accompanied by a current bank letter that guarantees payment for purchases made at this auction.
• Payments can also be made via Bank-to-Bank Wire Transfer. Please contact the Auctioneer for bank information.
• Credit Cards, Debit Cards, or payment formats such as Zelle WILL NOT BE ACCEPTED.

10. PAYMENTS:

• Payments will be accepted by appointment between 10:00 A.M. and 3:00 P.M. on September 27, 2024, and September 30, 2024.
• All payments must be made at the office of National Auction Company, 1900 SW 100 Avenue, Miramar, Florida 33025, unless paid by Bank-to-Bank Wire Transfer.
• Payments made after September 30, 2024, may subject the Purchaser to a surcharge of 10% of the purchase price. Please pay for purchased vehicles and other items by the date specified.

11. MOTOR VEHICLE TITLES & KEYS:

• Motor Vehicle Certificates of Title will only be available at the office of National Auction Company, 1900 SW 100 Avenue, Miramar, Florida 33025.
• Keys to vehicles and trailers will be available at the time of pickup at Mac’s Towing.
• Certificates of Title will not be available at the close of the auction. It is expected Certificates of Title will be available within 30 days after the auction has concluded.
• If a Top Bidder has purchased more than one item, payment in full must be received before anything can be removed from County property.
• Invoices will be in the name of Purchasers only and cannot be combined under other Bidder’s numbers as assigned by Proxibid.

12. SALES TAX:

• Florida Sales Tax will be calculated on the full purchase price, the top bid price, and 13% Buyer’s Premium.
• National Auction Company does not collect sales tax on titled motor vehicles, which must be paid at the time of title transfer.
• Dealers who purchase for resale must provide a copy of their 2024 resale certificate to the National Auction Company by e-mail to lori@natlauction.com. In the event this certificate is not provided, sales tax will be charged.
• Sales Tax will be collected on non-titled items unless purchased by those who have provided the National Auction Company with a copy of their Sales Tax Certificate.

13. MOTOR VEHICLE TITLE TRANSFERS:

• Purchasers are responsible for transferring Certificates of Title into their name or company name as listed on the Invoice provided by the National Auction Company. The transfer of title must be completed within 10 days of receiving the Certificate of Title from the Sellers.
• Registration fees and Sales Tax must be paid when Certificates of Title are transferred.
• All Certificates of Title will be closed and will include the purchaser's name, address, the date the vehicle was sold, and the purchase price.
• Licensed Motor Vehicle dealers must provide a copy of their license and Sales Tax Resale Number at the time of bidder registration. If Licensed Dealers do not provide the required information, Certificates of Title will be completely closed.
• Open titles will not be given to purchasers.

14. DEFAULT:

• If a buyer fails to complete the sale under the conditions set forth or agreed to by The Sellers, any deposits and/or payments made will be forfeited, and vehicles will remain the property of the Sellers.
• If a Top Bidder fails to make payment in full after being notified their bid has been accepted, at the discretion of The Sellers and/or the Auctioneer, the bidder’s name may be subject to removal from the mailing list and may not be permitted to participate in future auctions. Failure to make final payment may result in removal from future bidder registration (s) for other auctions conducted on the Proxibid platform.

15. REMOVAL:

• All Vehicles, Trailers, and Equipment are being stored at Mac’s Towing, 418 SW 2 Place, Dania, Florida 33004, and must be removed as soon as possible but not later than October 3, 2024. National Auction Company and Mac’s Towing are not responsible for any Item included in the auction remaining at the auction site after the auction is completed.
• Items picked up after October 3, 2024, will be subject to storage charges based on rates established by Mac’s Towing.
• Purchasers must schedule a pick-up, which will be on an appointment basis. Appointments should be made with Mac’s Towing, (954) 923-8218. Purchasers must provide a copy of the paid Invoice from the National Auction Company and valid photo identification.
• Entry times will be at the discretion of Mac’s Towing.
• It will be the responsibility of Top Bidders (Purchasers) to arrange for their own transportation and removal of Vehicles from Mac’s Towing.
• Bidders/Purchasers should be prepared to have Vehicles designated in auction materials as non-runners towed. Tow trucks can only enter Mac’s Towing when accompanied by Mac’s Towing staff members.
• Top Bidders/Purchasers using Towing or Transport Services must be present when their items are being removed from Mac’s Towing. If the Purchaser is using a contracted transportation company, an authorization form that specifically names the carrier must be provided to the National Auction Company.
• Top Bidders (Purchases) will be required to sign a receipt showing the purchased Vehicles' delivery.
• Repair work other than replacement of batteries is strictly prohibited.

16. REGISTRATION:

• All bidders are required to register with National Auction Company on their website, www.natlauction.com. To participate in the auction, all bidders must register with Proxibid.com. Each bidder will be assigned a bidder’s number, which will be recorded for each sale.

17. COLLUSION:

• Collusion is defined as an agreement among competitive bidders to raise, fix or otherwise maintain the price at which goods or services are sold.
• Auctions are governed by the Sherman Act, enacted in 1890. The Sherman Act prohibits any agreement among competitors to fix prices, rig bids, or engage in other anticompetitive activity.
• Violations of the Sherman Act may be considered a felony and punishable by fines established in the Acts.

18. DIRECTIONS TO NATIONAL AUCTION COMPANY OFFICE:

• From I-95 (Broward County)
  Exit at Pembroke Road and continue West to Palm Avenue. At the traffic light, make a U-Turn, continue east to SW 100 Avenue, and turn right. Continue on SW 100 Avenue to the middle of the block. The office is located on the west side of SW 100 Avenue.
• From the Turnpike (Broward County)
  Exit at Hollywood/Pines Boulevard (West). Continue to Palm Avenue and turn left at the traffic light. Continue southbound on Palm Avenue to Pembroke Road and turn left. Continue on SW 100 Avenue to the middle of the block. The office is located on the west side of SW 100 Avenue.

19. DIRECTIONS TO MAC’s TOWING:

• From I-95 (Broward County)
  Exit Sterling Road, continue east to the traffic light at Phippen Waiters Road, and turn right. At SW 2 Place, turn left, and proceed to the office.
• From the Turnpike (Broward County)
  Exit at Griffin Road and continue to SR7 (441). Continue southbound on SR7 (441) to Sterling Road and turn left at the traffic light. Continue to Phippen Waiters Road and turn right. At SW 2 Place, turn left and proceed to the office.

20. POINTS OF CONTACT:

• Auction Company: National Auction Company
  Contact Name: George Richards
  Contact Number: 954-658-5033
  Contact Email: grichards@natlauction.com
  
• National Auction Company
  Licensed Real Estate Brokers & Auctioneers
  George Richards, Auctioneer
  AB640 • AU899