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Terms for Sale in Ocala, FL on 2017-10-26

LARGE CONSOLIDATED CONSTRUCTION EQUIPMENT

& UTILITY FLEET AUCTION SALE

IN CONJUNCTION WITH DUKE ENERGY

THURSDAY, OCTOBER 26th, 2017- 9:00 AM

OCALA, FLORIDA

NOTICE: There will be over 300 pieces of construction & underground equipment, power line & utility equipment, trucks, vehicles & trailers from: Duke Energy, Area Electric Cooperatives; Municipalities, Contractors & Others. Everything will be sold at absolute auction.



SALE SITE PHONE: (352) 247-0128

SALE SITE FAX: (856) 764-4098


DIRECTIONS & LOCATION: The auction sale will be held at the JJ Kane Auction Facility/Yard adjacent to 4141 NW 44th Avenue, Ocala, FL 34482.From All Areas South: Take I-75 North to Exit 354 (US Hwy 27). Turn left on US Hwy 27, go .7 miles and then turn right on NW 44th Avenue, go 1.3 miles and then turn right at “Flea Market” sign, go .25 miles to sale site on left. From All Areas North: Take I-75 South to Exit 358 (Hwy 326). From stoplight at end of exit ramp, go straight (road turns into NW 44th Avenue), continue on NW 44th Avenue 2.7 miles then turn left at “Flea Market” sign, go .25 miles to sale site on left.

AIRPORTS: The Orlando International Airport (MCO) is located 91 miles southeast from the Ocala, FL sale site.

ACCOMMODATIONS: I-75, Exit 350/SR 200 - Hilton Ocala (352) 854-1400, Hampton Inn & Suites Ocala (352) 867-0300, Holiday Inn Hotel & Suites Ocala (352)629-9500; Residence Inn Ocala (352) 547-1600, Courtyard Ocala (352) 237-8000, Fairfield Inn & Suites Ocala (352) 861-8400; Homewood Suites Ocala at Heath Brook (352) 369-4610; I-75, Exit 352/SR40 –

BUYER’S FEE: A 10% taxable buyer’s fee will be charged on all items sold onsite. A $25.00 administrative fee will be applicable to all titled pieces, regardless of the purchaser exemptions.Please Note: ALL PURCHASERS MUST PROVIDE PROOF OF INSURANCE AT THE TIME OF PAYMENT AND TITLE TRANSFER. Florida residents will be responsible for all applicable fees for registration & processing of titles. Title and registration fees will be collected on sale day and can be as much as $400.00. OUT OF STATE BUYERS will pay partial tax to state of Florida, with reciprocity states. West Virginia, Mississippi & Arkansas will pay 6% Florida sales tax and their home state sales tax. TAX, TITLE & REGISTRATION FEES-INFO: FL Residents Purchasing Titled Items – tax, title & registration fees will be collected at the maximum rate of $385.00 under 25,999 and $800.00 for Over 26,000. – Proof of insurance is mandatory; Out of State Residents Purchasing Title Items – tax will be collected based upon your state rate; Non-Titled Items – tax will be collected at the rate of 7%; Dealers Purchasing For Resale - do not assume any tax exempt paperwork is “on file”, bring the necessary documentation to the sale site, failure to provide us with the correct completed form/information will necessitate that sales tax be collected.

TERMS: There will be a 10% taxable buyer's fee charged on all items sold. Complete payment is required on sale day only in cash or guaranteed funds: traveler's checks, money orders and/or bank certified checks. CREDIT CARDS ARE NOT AN ACCEPTED FORM OF PAYMENT AT THIS SALE SITE. Company & personal checks will be accepted "only" when they are accompanied by a valid bank letter of credit "guaranteeing or honoring" payment of that particular check up to a specific amount of money. All letters of credit should be addressed to J.J. Kane Auctioneers. International Buyers will need to wire transfer full payment directly from your bank to J.J. Kane Auctioneers bank account. No International checks will be accepted.

PAYMENT TERMS: Full payment must be made by the close of business on the sale date, unless agreed to in writing by JJ Kane Auctioneers. Should Bidder fail to pay for any and all item(s) in full on the sale date, Bidder shall remain fully responsible for the purchase price and buyers fee. In addition to all other rights contained herein, if a default occurs and the full payment is not made on the sale date and as long as the default continues to occur, all outstanding financial obligations shall bear interest at the Interest Rate of 2% per month. The default interest rate shall apply from the date of the default through the time any judgment thereon is paid in full. If for any reason a court or arbitrator(s) deems this default interest rate excessive or impermissible, the arbitrator(s) or judge shall impose the maximum default interest rate permitted and all other terms contained herein shall remain valid and enforceable. JJ Kane Auctioneers shall be permitted to resell the item(s) and the Bidder shall be fully responsible for the difference of the purchase price along with the buyer’s fee and any additional cost regarding the resale of the item(s). Bidder understands that Bidder shall be responsible for all reasonable attorneys’ fees, court cost, default interest and other cost incurred by JJ Kane Auctioneers associated with the enforcement of this provision.

FINANCING: Altec Capital Services offers a quick and easy credit process, and flexible and affordable finance options. For more information dial (888) 408-8148 or email finance@altec.capital.com All financing must be pre-approved prior to the auction sale.

LIKE KIND EXCHANGE NOTIFICATION: Buyer is hereby notified that Asplundh has assigned to Northstar Deferred Exchange Corporation, acting in its capacity as a Qualified Intermediary, all of its rights but not its obligations, in any existing and future contracts to sell certain equipment. This notification will apply unless specifically excluded in writing.Notice Regarding Like Kind Exchange: Certain equipment consigned to this auction may be sold as part of an equipment exchange, pursuant to Section 1031 of the Internal Revenue Code, and the rights of the consignor under Contract to Auction may be assigned to a third party Intermediary.

LIVE INTERNET BIDDING: This auction sale will feature live on-line bidding powered by Proxibid. All prospective internet bidders are required to register on-line 48 hours prior to the auction sale at www.jjkane.com (Bid Online Tab). All live internet buyers will be charged an additional 2% buyer’s fee and be required to comply with all the terms and conditions of the auction sale, including the payment and removal procedures. For all specific internet bidding questions, please contact Proxibid at (877) 505-7770.

ABSENTEE BIDDING: Absentee bids must be over $10,000. There will be a 25% deposit required with all absentee bids that must be wire transferred to J.J. Kane. Call the sale site for the necessary forms and wire transfer information. Forms must be submitted with lot numbers, full descriptions, serial numbers and the exact amount of your bid(s). J.J. Kane reserves the right to round off bids to the most logical increment. All of the above requirements must be met by 4:00 PM E.S.T., Wednesday, October 25th, 2017 or the bid(s) will not be accepted.

INSPECTION: One Day Inspection Wednesday, October 25th, from 8:00 AM to 4:00 PM and sale day starting at 7:00 AM. All customers entering the sale site must have photo I.D and register in the auction office trailer.

REMOVAL: During the auction sale as long as the removal activity does not disrupt the auction sale, for two hours after the conclusion of the auction sale. Friday to Tuesday, October 27th to 31st, 2017 from 8:00 AM to 4:00 PM. (Except Sunday: 9:00 AM to 1:00 PM only). Everything must be removed by Tuesday, October 31st, 2017 at 4:00 PM with no exceptions or purchaser will be subject to a daily storage charge & removal fees!TOWING & STORAGE FEES: All items left in the auction yard after Tuesday, October 31st, 2017, sold items will be considered abandoned and will be towed by a towing contractor and stored at the new owner’s expense. Towed vehicles will not be released without payment - credit cards not accepted.

TRANSPORTATION SERVICES: DAB Transport (816)-230-4135; C & M Towing (352) 629-6677; Roberts Trucking (352) 572-0868; Spirit Miller Drive Away Service (607) 467-1978.

FL AUCTION LICENSES: J.J. Kane Associates Inc. – AB0002062, Joseph Kane – AU0002785 & Robert Haag – AU0002783. DEALER LICENSE # VI/1117656/1.

NOTICE: The following section shall apply to the following vehicle mounted aerial devices (Hereinafter referred to as “aerial device”): a. Extensible boom aerial devices; and b. Aerial Ladders; and c. Articulating boom aerial devices; and d. Vertical towers; and e. A combination of any of the above. The vehicle may be a truck, a trailer, or an all- terrain vehicle. The successful purchaser hereby acknowledges that J.J. Kane Auctioneers has provided them with the owner’s, operator’s, parts/service and maintenance manuals for the aerial device purchased. If the owner’s, operator’s, parts/service and maintenance manuals are not available, the successful purchaser hereby acknowledges that J.J. Kane Auctioneers has provided them with a list of manufacturers that the successful purchaser must contact to obtain the manual(s). The successful purchaser hereby acknowledges that they shall be responsible to notify the manufacturer of the unit model and serial number along with the name and address of the new owner within sixty (60) days from the date of purchase. Upon completion of the sale, JJ Kane Auctioneers will notify the prior owner of the successful purchasers name and location.

Notice to Attendees:
Persons attending are notified that an Auction Site is a potentially dangerous place. Flammable, corrosive and pressurized substances are present, heavy equipment is being operated and electric circuits may be live. Every person at the Auction Site before, during and after the auction sale shall be deemed to be there at his or her own risk with notice of the condition of the premises, the activities on the premises and the conduct of third parties and any registered bidder shall so advise his agents and employees. No persons shall have any claim against the Auctioneers, their agents, employees or principals for any injuries sustained, nor for damages to or loss of property which may occur from any cause whatsoever.The information listed within this catalog is only a guideline. Descriptions are merely physical observations. Accuracy cannot be guaranteed. All advertised items are subject to prior disposition. Years on all construction equipment are all approximate and descriptions are merely physical observations. It is strongly recommended that all prospective bidders inspect the equipment offered and draw their own educated conclusions. Everything will be sold "As-Is" and "Where-Is" with no warranties or guarantees expressed or implied.

ADDITIONAL TERMS: Items will be added to the auction sale. In an emergency situation, all sellers reserve the right to remove any unit from the sale. Call first before traveling if this is a concern.Accuracy cannot be guaranteed. Everything will be sold "As-Is" and "Where-Is" with no warranties or guarantees expressed or implied. In some cases, because of the locations of certain trucks & equipment, pictures were taken of like pieces and not the actual unit.

NOTICE:
J.J. Kane Auctioneers or Seller(s) are not responsible for any inspections prior to or after purchase. All equipment or vehicles that require any type of inspection on the upper unit or chassis is 100% the bidder/purchaser's responsibility and expense. (ie: Cranes, Man Lifts, Buckets, Diggers, Construction Equipment, Trailers and Vehicles of any type).

NOTICE:
All Potential Bidders/Buyers: The safety and reliability of the equipment listed for sale cannot be ensured unless it receives regular inspections, tests and maintenance. The Seller or Auctioneer will not be responsible for equipment inspection reports before any equipment sale or failed equipment inspection reports after the equipment is sold. All equipment is sold As-Is, Where-Is with all faults, defects and modifications. The description of the equipment is for the purpose of identifying the equipment and DOES NOT CONSTITUTE A WARRANTY OR REPRESENTATION THAT THE EQUIPMENT SHALL CONFORM TO SUCH DESCRIPTION OR ANY CONDITION REFERRED TO THEREIN. J.J. Kane Auctioneers warrants only title to the equipment. The Seller or Auctioneer makes no representation or warranty of any kind, expressed or implied. It is the potential bidder/buyer responsibly to ensure that all equipment is given thorough inspections according to the manufacture recommendations by only those persons who are able to detect and assess defects and potential hazards that could limit the safe performance of the equipment functions. Purchaser agrees to release, waive all rights against, indemnify and hold harmless the auctioneer and sellers.