Honeywell Liquidation Center

                                TERMS AND CONDITIONS OF SALE

1. ALL ITEMS ARE SOLD AS IS, WHERE IS AND WITH ALL FAULTS. ANY EXPRESS OR IMPLIED WARRANTIES AS TO THE NATURE, QUALITY, QUANTITY, VALUE OR CONDITION OF ANY ASSET, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE HEREBY EXCLUDED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. The buyer acknowledges that any software or intellectual property rights attaching to a lot or lots may not be the property of the Seller or capable of transfer by the Seller. Neither the Seller nor GoIndustry DoveBid is in any way authorising the use by the buyer of such software or intellectual property rights and any use of such software or exploitation of such intellectual property rights shall be at the buyer's sole risk. 

2. Illustrations, pictures or videos posted on the Site are for the convenience of the buyers only.  GoIndustry DoveBid has used its reasonable endeavours to ensure that the description of each lot(s) appearing on the Site are accurate, but the buyer relies upon such description at its own risk. Buyers should satisfy themselves prior to the sale as to the condition of the lot and should exercise and rely on their judgment as to whether the lot accords with its description at their own risk.  Subject to the obligations accepted by GoIndustry DoveBid under these Terms and Conditions, neither the Seller nor GoIndustry DoveBid nor any of their respective employees or agents are responsible for errors of description or for the genuineness or authenticity of any lot and no warranty whatever is given by the Seller or GoIndustry DoveBid or their respective employees or agents to the buyer in respect of any lot and any express or implied conditions or warranties are hereby excluded to the greatest extent permitted by law.

3. A discounted buyer's premium of 16% of the bid price will be added to the purchase price for each lot for buyers who pay in the form of cash, cashier's check, company check (with a letter of guarantee) or wire transfer within 72 hours from receipt of GoIndustry DoveBid’s invoice; the full buyer's premium of 18% shall apply for buyers who pay via credit card and all other buyers that do not remit payment within 72 hours from receipt of GoIndustry DoveBid’s invoice. 

4. Collection of applicable sales, value added or similar taxes will be in accordance with the laws of the jurisdiction in which the assets are located. 

5. Full payment of the balance of the purchase price is due by the date stipulated on the invoice and in any event prior to removal of any purchased assets. In the event that a buyer fails to pay the entire purchase price (in addition to the buyer's premium and any applicable sales, value added or similar tax) within the time specified by GoIndustry DoveBid or otherwise fails to comply with these Terms and Conditions, GoIndustry DoveBid and the Seller will retain the deposit as liquidated damages without notice. GoIndustry DoveBid and the Seller reserve the right to resell such items without notice, and the defaulting buyer shall be liable to GoIndustry DoveBid and the Seller for any resulting deficiency, including costs incurred in storing and reselling such assets. 

6. Neither GoIndustry DoveBid nor the Seller shall be liable for any consequential or indirect loss or damages of any type or nature (whether in contract, tort or otherwise) sustained or claimed by buyer or any other person or entity arising out or in connection with the sale of assets hereunder or the dismantling and removal of the assets. For the purposes of these Terms and Conditions, consequential or indirect loss or damages include but are not limited to, loss of income, profit, use, produce or production, contract or business or failure to realise anticipated savings or profits. Without limiting the foregoing, in no event shall GoIndustry DoveBid's liability to any buyer for any act or omission occurring in connection with the sale, including but not limited to GoIndustry DoveBid's inability to deliver possession of purchased items for any reason, exceed the amount that such buyer has actually paid to GoIndustry DoveBid as a deposit or as payment for a purchased item. Nothing in this clause shall limit or exclude liability for death or injury resulting from the negligence of GoIndustry DoveBid or the Seller or for fraudulent misrepresentation.

7. GoIndustry DoveBid shall have no responsibility to disconnect utilities to the sold asset, including electric, gas, waste and water lines. It is the buyer's sole responsibility to arrange and pay for the removal and shipment of purchased items. Also, it is the buyer's responsibility to provide, and/or ensure their agent(s) performing removals on their behalf provide, upon demand, evidence of valid insurance policies with reliable insurance companies, providing the types of coverage and in the amounts more particularly described in the Sample Required Insurance Certificate located on in the Shipping Information section of GoIndustry DoveBid’s website; and such other insurance as may be required by any governmental authority, including workers' compensation insurance. Removal shall be conducted responsibly and with due care for the Seller's premises.  GoIndustry DoveBid reserves the right on any sale to require that all buyers utilize the services of the movers/shippers/riggers to those listed on GoIndustry DoveBid’s website under “Directory of Shippers” and/or those listed on the sale website as “exclusive, approved” for a particular auction. The buyer shall restore and repair all real and personal property that is altered or damaged as a result of the removal of purchased items. If the buyer does not remove an item within the announced check-out period, GoIndustry DoveBid and the Seller may, in their sole discretion, deem the item to have been abandoned by the buyer and the buyer will have no further rights with respect to the item. Notwithstanding the foregoing, GoIndustry DoveBid and the Seller reserve the right to charge the buyer for the costs of storage beyond the check-out period. 

8. Buyer acknowledges that the Seller's facility is a potentially dangerous place. Flammable, noxious, corrosive and pressurized substances may be present. Heavy equipment may be operated, and electrical circuits may be live. Every person enters the site at his or her own risk with notice of the condition of the premises and the activities that will be or have been conducted on the premises. Buyer shall so advise their agents and employees. No person shall have any claim against GoIndustry DoveBid, the Seller or their respective agents or employees for any injuries sustained or for damages to or loss of property that may occur at the site. Nothing in this clause shall limit or exclude liability for death or injury resulting from the negligence of GoIndustry DoveBid or the Seller.

9. International statutory compliance exclusion. 

(a) It is expressly brought to the buyer's attention that, at the time of sale, any asset for sale in this sale:

may not necessarily comply with the Health and Safety at Work Etc. Act 1974, Environmental Protection Act 1990 or any other UK and/or EC Acts, Regulations, Directives or their applicable laws or equivalent or similar laws in any relevant jurisdiction or; and

could contain blue or white asbestos, hazardous substances, dangerous chemicals etc. which if not handled correctly during their removal from a site could be in breach of the Health & Safety at Work Etc. Act 1974, Control of Substances Hazardous to Health Regulations 2002 or any other current legislations covering the use of such substances in a working environment in the UK, the EC or any other relevant jurisdiction.  GoIndustry DoveBid has no duty to remove any hazardous substances that are contained in or are a part of any item.

(b) The buyer undertakes to:

remove, ship and use any purchased plant and equipment within any relevant jurisdiction in a way that does not contravene any relevant legislation and in full compliance with all applicable safety standards;

comply with all current applicable legislations in any relevant jurisdiction and reasonable instructions by GoIndustry DoveBid in relation to the removal/disposal of waste including hazardous waste; and

defend (by counsel satisfactory to GoIndustry DoveBid) and indemnify GoIndustry DoveBid and hold GoIndustry DoveBid harmless from and against any claim, demand, cause of action, liability or expense (including attorneys' fees and costs) asserted against or incurred by GoIndustry DoveBid in connection with the sale, removal, shipment or use of any purchased items. 

10. Buyers agree to comply with all applicable export control and related laws and regulation and not to violate any applicable local, state, national or international law, statute, ordinance, rule or regulation.  Buyers acknowledge that GoIndustry DoveBid is not the exporter of any purchased item unless expressly stated. GoIndustry DoveBid makes no representation or warranty concerning, and has conducted no investigation to ascertain which items, if any, constitute, for example, “Restricted Technology” for US law purposes or whose export is otherwise restricted under applicable law. GoIndustry DoveBid and/or the Seller reserves the right to cancel any sale at any time in the event it determines, in its absolute discretion, that the sale does or may violate applicable export or import control or related laws and regulations. 

11. These Terms and Conditions, and all questions with respect to the interpretation of these Terms and Conditions, shall be governed by and construed in accordance with the internal laws of the State of Maryland, without regard to conflict of laws provisions.  All buyers expressly consent to personal and exclusive jurisdiction in the courts of the State of Maryland located in Baltimore County, the United States of America.

These Terms and Conditions are drawn up in the English language.  If these Terms and Conditions are translated into another language, the English language text prevails.

GoIndustry DoveBid

September 2009