CANCELED DUE TO TENANT REDEMPTION
Chino, CA: Auction of New Solar Panels By Order of Warehouse to Satisfy Storage Lien
By Order of Warehouse to Satisfy Storage Lien
Including 747 Pallets of Solar Panels New in Factory Wrapped Pallets from Mission Solar, Solar 4 America, Trina Solar and ZNShine Sold in Semi-Trailer Load Lots of Approximately 22 Double Pallets Per Lot. Live auction from warehouse location with online webcast bidding available.
All panels remain in warehouse storage. Inspection and delivery will take place from that facility, which is the address of reference for the auction.
Bidding Occurs: Saturday, June 29, 2024, at 10 AM PT
Preview By Appointment Only: Friday, June 28, 2024
Pickup By Appointment Only (After Proof of Payment): July 2–July 10, 2024, from 8 AM–4 PM PT–No Exceptions!
Preview & Pickup Location: 15785 Mountain Avenue; Chino, CA 91708
Sale Manager: Jeff Johnstonbaugh 360-900-9676 or Jeff@AMCbid.com
All bidders are strongly encouraged to inspect all items prior to bidding. ALL ASSETS MUST BE REMOVED BY THE END OF BUSINESS ON WEDNESDAY, JULY 10, 2024–NO EXCEPTIONS.
18% Buyer's Premium: For example, a $1,000 bid would result in a $1,180 Purchase Price.
All payments must be made via Wire Transfer Only. Payment in full must be made no later than Friday, July 5, 2024, at Noon PT. IF PAYMENT IS NOT RECEIVED BY THIS DATE, ITEM(S) MAY BE RESOLD OR ABANDONED WITHOUT NOTICE!
To qualify to bid, all bidders must provide valid California Resale Certificate or resale certificate from destination state.
All items sold AS-IS, WHERE-IS, with no warranties, expressed or implied. Seller is disposing of new equipment. Unless otherwise agreed to in writing, the equipment covered by this invoice is sold “as is, where is, and with all faults.” Seller disclaims any Guarantee or Warranty as to condition, merchantability, or fitness for a particular purpose. “Risk of Loss” shall be on the purchaser notwithstanding the fact that the goods have been left in the possession of the seller pending payment. Auctioneers are NOT responsible for lost, stolen, or damaged items.
All items are offered FOB 15785 Mountain Avenue; Chino, CA 91708. A $150 loading fee will apply to each lot for loading into a 53 ft dry van trailer. Additional fees may apply for any other trailer or container. This is a secure facility and buyers may not self-load.
For more information, contact Jeff Johnstonbaugh at 360-900-9676 or Jeff@AMCbid.com
TERMS AND CONDITIONS
Payment is due at the time of purchase. You will receive an invoice with wiring instructions via email after the auction. All payments must be made via Wire Transfer. Payment in full must be made no later than FRIDAY, JULY 5, 2024, at Noon PT.
All items offered for sale at the Auction ("Items", "Property", "Product", "Purchases") are offered by Auction Management Corporation ("Auctioneer"), as Seller's agent, subject to the following Terms and Conditions of Sale, which, combined with any specific terms as posted in materials and on the web, make up the Complete Terms and Conditions of Sale.
Live Auction: This auction is a live oral outcry auction. The auctioneer will be calling bids from the dock at the back of the warehouse where the assets are located. Online webcast will be provided for those bidders who cannot attend the auction in person. The auctioneer cannot be responsible for technical difficulties that may affect bidders bidding remotely online. All bidders are strongly encouraged to attend the auction in person.
The auction will begin at 10 AM PT on Saturday, June 29, 2024.
Buyer’s Premium: An 18% Buyer’s Premium will be added to the winning bid of each item purchased. For example, a $1,000 bid would result in a $1,180 Purchase Price.
Payment: The only acceptable form of payment for this sale is Wire Transfer for bid plus buyer’s premium. NO Checks or Cash will be accepted. All payments are DUE IMMEDIATELY and must be submitted via Wire Transfer. Payment in full must be made no later than Noon PT on Friday, July 5, 2024. IF PAYMENT IS NOT RECEIVED BY THIS DATE, ITEM(S) MAY BE RESOLD OR ABANDONED WITHOUT NOTICE!
Sales Tax: Not applicable. To qualify to bid, all bidders must provide valid California or other state resale certificate.
Approval: In order to complete registratoin for the auction, you must complete the online process available at https://bid.amcbid.com/ui/auctions/121017. Additionally, you must confirm that you have reviewed the provided materials including these Terms,, and all due diligence documents posted for the auction sale event. You must provide a valid resale certificate for tax purposes for the State of California or other state where you will take final delivery of assets. You must provide Proof of Funds showing that you have sufficient funds to cover the estimated minimum value of one lot, $26,000. A current bank statement in the bidder's name, with the account number blacked out, should be faxed to 770-980-9383 or emailed to Info@AMCbid.com. The online registration, written agreement to the Terms, and submission of Proof of Funds and Resale Certificate will need to be completed before online bidding is enabled. Auctioneer may, at his discretion, accept additional methods of financial approval. Last minute registration is not guaranteed to be processed and it’s recommended to provide all documentation 24 hours in advance of the auction deadline. There will be NO opportunity for post auction asset inspections or due diligence period, prior to closing.
Bidding: All bids must be submitted in person or using the online bidding system. Auctioneer reserves the right to add to, group, withdraw or re-catalog items in this auction, as well as adjust minimum bids and/or reserve prices and extend or shorten closing times. Items may be redeemed from storage at any time until Auctioneer calls item sold. Upon Auctioneer calling an item sold, it becomes the responsibility of the buyer to complete the terms of sale.
Representations: All items are being sold As-Is with no warranty. Auctioneer shall not be responsible for the correct description, authenticity, genuineness of or defect in any lot, and makes no warranty in connection therewith. On-site inspection of items being sold is recommended. Auctioneer makes every effort to provide accurate information about the items being sold. However, neither Auctioneer nor its Client will assume responsibility for Buyer’s bidding errors. It is Buyer’s full responsibility to confirm the accuracy of items offered for sale. Buyers are recommended to inspect all items. Descriptions and photos are offered as a guide only. Do not rely solely on photos to make buying decisions, be sure to read descriptions. Auctioneer shall not be held responsible for such errors as posting the wrong photo for an item. When in doubt about the condition of an item, please bid accordingly.
All Sales Final: A successful bid at auction, whether live or online, constitutes a legally binding contract of sale. All sales are final. There will be no refunds, returns, or exchanges.
Removal: Buyer is solely responsible for removing purchases within the time frames posted. All purchases must be paid in full before items will be released from the premises. Buyer must provide his or her own transport and packing supplies. Buyer must present paid invoice and I.D. at time of pickup. The seller will provide limited assistance loading items by forklift into standard 53 ft dry van trailers. There is an automatic $150 fee per lot for this. Additional fees may apply for any other trailer or container. This is a secure facility and buyers may not self-load.
REMOVAL DATES ARE July 2–July 10, 2024, from 8 AM to 4 PM PT—No Exceptions.
Failure to Remove Purchases: In the event items are not removed in the time frames allotted, the items purchased shall be deemed abandoned and Buyer will lose any right, title, or interest Buyer may have acquired and the items shall revert and repossess to Auctioneer without further notice to Buyer. Auctioneer shall also be entitled to any costs associated with the removal, storage, and reselling of Buyer's items, and any other charges, fees, and expenses incurred as a result of Buyer's failure, including all attorney fees and costs incurred by Auctioneer to enforce Buyer’s obligations hereunder.
Failure to Pay: In the event Buyer fails to pay the entire purchase price by the payment deadline, the items purchased shall be deemed abandoned and Buyer will lose any right, title, or interest Buyer may have acquired and the items shall revert and repossess to Auctioneer without further notice to Buyer. In addition, Buyer may be prohibited from participating in future auctions.
Non-Delivery: Until such time as purchased items are removed from the premises by the Buyer, Auctioneer shall have the right to cancel or void the sale of any such items purchased by Buyer. Auctioneer shall have no liability to Buyer due to the non-delivery of any purchased item other than the return of Buyer’s payment. No claim of any kind for purchased items, whether or not based on negligence, shall be greater in amount than the purchase price paid by Buyer.
Absence of Warranties: The condition of the items being offered is new in factory packaging..
The Buyer understands and agrees:
(1) any description or sample of the items given or furnished by Auctioneer is solely for identification and does not create any warranty expressed or implied, that the item actually conforms to such description or sample
(2) Buyer or agent on Buyer’s behalf has inspected or has had the opportunity to inspect all of the items upon which Buyer will be bidding and/or does purchase
(3) All items are purchased and accepted by Buyer “AS IS”, “WHERE IS” and “WITH ALL FAULTS”. AUCTIONEER MAKES NO WARRANTIES OR GUARANTEES WHATSOEVER WHETHER WRITTEN, ORAL OR IMPLIED AS TO QUALITY, AUTHENTICITY, QUANTITY, CONDITION, USEABILITY, SALABILITY, WEIGHT, MEASUREMENT, YEAR, MODEL, MECHANICAL CONDITION, PERFORMANCE, OR OTHER SPECIFICATIONS, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY AGAINST PATENT, TRADEMARK, COPYRIGHT OR TRADE SECRET INFRINGEMENT
(4) in the event there are manufacturer warranties in effect for the item purchased, Buyer must make all claims thereunder directly with the provider of the warranty. No statement or statements of any other paragraph herein shall be construed to in any way contradict the provisions of this paragraph.
(5) The cataloged lots offered are subsets of bulk inventory on the warehouse floor. Identified items will be loaded out without regard to specific serial numbers but on a first come first served basis.
Acts of Others: Persons in attendance during the inspection, sale, or removal of merchandise assume all risks of damage or loss to persons, property, or merchandise and shall exercise proper precautions at all times for the protection of persons and property and shall comply with all safety and health requirements as directed by Auctioneer, and local, state and federal regulations. Neither Auctioneer, its agents, its employees, or representatives shall be liable by reason of any defect in or about the condition of the premises on which the auction is held. Buyer specifically releases Auctioneer, its agents, and representatives from all liability thereof.
Limits of Liability: In no event shall Auctioneer’s liability to a Buyer exceed the purchase price actually paid for an individual item or lot. A Buyer’s claim shall be limited to the amount paid for the merchandise, and shall not extend to any obligation, risk, liability, right, claim, remedy for loss of use, revenue or profit, liability of Buyer to any third party, personal injury, or any other direct, indirect, incidental or consequential damages. Buyer further acknowledges that each item it purchases at the sale represents a separate transaction and that no one transaction shall be conditioned upon another transaction. Buyer hereby holds Auctioneer harmless from:
(1) the acts or omissions of any party who provided any items to Auctioneer for sale,
(2) the acts or omission of the owner or Lessor of the auction site or the site where the auctioned items are stored,
(3) any claims Buyer may have against Auctioneer, Auctioneer’s client(s), or any former owner of the property being sold,
(4) Buyer’s failure in any way to properly inspect items and/or fulfill its obligations per the terms and conditions of the sale, as indicated within this document or as announced by the Auctioneer at the time of sale. Auctioneer is providing Internet bidding as a service to Buyer using a 3rd Party Bidding System. Under no circumstances shall Buyer hold Auctioneer liable for system failures resulting in Buyer’s bid not being properly submitted.
Right of Removal: Auctioneer reserves the right to remove any person from the auction site and to refuse that individual’s bid, whether offered live, by proxy or by Internet. In such an event, any outstanding deposit will be immediately returned.
Indemnification: Buyer shall indemnify, hold harmless, and defend Auctioneer, owners, and building owners from and against any and all losses, damages, liabilities, and claims, including attorney fees, costs, and expenses arising out of based upon or resulting from:
(1) failure to secure all safety equipment and to meet all applicable government safety standards in removing items purchased or used by Buyer
(2) failure to comply with safety instructions issued to Buyer by Auctioneer or Warehouse Facility.
(3) any act or omission of Auctioneer, owners, building owners, or their respective agents, representatives, or employees, relating to or affecting the items bid on or purchased by Buyer
(4) the claim of any third party claiming or challenging title to any items purchased by Buyer or claiming infringement of any proprietary interest
(5) the claim of any person resulting from Auctioneer offering for sale or selling the items purchased by Buyer
(6) any injury to Buyer or any other person or property of any type whatsoever caused during the inspection, dismantling, removing, or transporting of items purchased by Buyer.
Bidder’s Number: The bidder’s number is non-transferable. All bids made using the bid number will be the responsibility of the Buyer.
