Various Restaurant Auction

Posted: 07/27/06 TERMS AND CONDITIONS FOR ONLINE BIDDERS (These terms and conditions are subject to change at any time, please check back frequently to make sure you are kept up to date) If you have any questions please contact Yvette or Bradley Mutz @ 800-340-2185 ymutz@servcorpii.com or bradleymutz@servcorpii.com All items are sold AS IS, WHERE IS without warranty of any kind, expressed or implied. (Do not bid unless you have determined the condition for yourself or you feel confident that the item viewed is as described). All information contained in the Buyers Catalog was derived from sources believed to be correct, but are not guaranteed by ServCorp International, Inc. We do not guarantee year, models, serial numbers or conditions of an item. The Buyers Catalog is a courtesy, meant as a descriptive guide only. All Sales are FINAL! Buyer agrees to be responsible for the removal and shipment of purchased items from the auction location within 2 weeks of sale day. ServCorp International Inc. will help, if necessary, to make arrangements for shipping to be paid by buyer (See Shipping below for more details). Buyer agrees to make payment by PayPal, wire transfer, or overnight delivery of certified funds (cashiers check, money order, certified check or check with bank letter of guarantee) in order for Internet bid to be accepted immediately upon notification of winning bid. Certified checks should be made payable to ServCorp International Inc. A Buyers Premium will be placed on all winning online bids. Should purchaser choose to pay by company/personal check, they must include an Irrevocable Bank Letter of Guarantee with their check. This Letter must indicate that the Buyer is an Internet Buyer. The Letter must be on Bank Letterhead, signed by a bank official, be directed to ServCorp International Inc., must not expire before 10 business days from date of auction and state the following: Mr./Mrs. (Customer Name) is a customer in good standing at our bank. We will guarantee the payment of checks on his/her account (account number) up to (specify amount) dollars for purchase at your auction at (Auction Location) on (Auction Date). We hereby agree that no stop payment will be issued in conjunction with this letter. If an Internet Buyer chooses to overnight a deposit or Bank Letter of Guarantee, please send it to: ServCorp International, Inc. * 101 Magnolia Street * Slidell, LA 70460 * Attn: Yvette Mutz BUYERS PREMIUM: A Buyer's Premium equal to 14% of the hammer price shall be added to all online purchases. (Example: the bid is $100, the actual cost will be $100 + $14 (14 % of $100) for a total of $114.) REGISTRATION: All persons wishing to bid online for this auction are required to complete the online registration, therefore acknowledging their acceptance to the terms and conditions of the auction. All prospective Internet Buyers are required to register prior to the Auction and/or bidding. Non-U.S. Buyers must complete the registration form and send to the Auctioneer a $5,000.00 deposit by the same payment methods as stated above at least 24 hours prior to the auction before being approved to bid. Deposits will be refundable the day after the sale if no purchase is made. NOTICE: All items are sold “AS IS, WHERE IS” with no warranties or guarantee expressed or implied. Do not bid unless you have determined the condition for yourself or you feel confident that what you viewed is as described. We make every effort to describe all items as complete and detailed as possible, however the seller and/or ServCorp International, Inc., (Auctioneers) are not responsible for any incorrect description or defect in any lot and make no warranty or guarantee, either expressed or implied as to the authenticity of the item being sold. All descriptions, conditions, years, models, etc of equipment on this website have been obtained from sources deemed reliable. However, neither the seller nor the Auctioneers are responsible for any errors in description or condition. The buyer is cautioned to use the preview to examine all merchandise and to use his/her best judgment as to whether or not the descriptions and categories are accurate. The content of all advertisements and the catalog are prepared to the best of the auctioneer's ability. All Sales are FINAL! BUYER CATALOG: Buyer acknowledges receipt of a copy of the Buyers Catalog for this Auction and has read and agrees to be bound by the additional terms and conditions set forth in said catalog. The content of all advertisements and the catalog are prepared to the best of the auctioneer's ability. The Buyers Catalog is a courtesy, meant as a descriptive guide only. BIDDING: Please be sure you are bidding on the correct item and have examined it carefully before placing a bid. Online bidding during the Live Auction is a fast process, and therefore there is no confirmation given - bids will be taken immediately and are irrevocable. Your online bid represents a binding and legal contract. The highest bidder shall be the purchaser upon the completion of bid verification. Bid verification will commence upon the conclusion of a live auction and may last 24 hours. All winning bidders shall be notified by email within the 24-hour bid verification period. All property sells "as is, where is" without warranty of any kind, expressed or implied. There are no warranties as to the quality, character or condition of any of the items. The implied merchantability is expressly disclaimed. There is no warranty of fitness for a particular purpose. The buyer shall not be entitled to any adjustment or allowance, damages or any other remedy or claim on the quality, character or condition of any item purchased. Bids that are submitted to ServCorp International, Inc. in writing prior to auction for execution shall be entertained and executed for the convenience of bidders not present at the auction. ServCorp International, Inc. will not be responsible for failing to execute such bids or for errors relating to the execution of such bids. Auctioneer reserves the right to accept or reject any and all bids/increments being offered and add, group, delete, or match at the auctioneer’s discretion. Announcements by the auctioneer, before the thing is bid takes precedence over any printed and/or oral statements. Once the auctioneer says sold, the buyer has entered into a contract and is responsible for his/her item(s). The Seller shall have no responsibility whatsoever to the Buyer for the thing sold. Items will be released once full payment is made. No bidder shall retract their bid. In the event of a dispute between two or more bidders, the auctioneer, at his sole discretion may put the lot up for resale to the highest bidder. A bidder is deemed to have accepted an item when making a bid. VEHICLES: All vehicles are being sold “as is, where is” with buyer waiving all rights to redhibition. TITLED UNITS: Within one week after full payment has been received on titled units, the documents, if any, for titled units will be completed with the name, company, and address information given by purchaser and mailed to the purchaser via US Priority Mail with Delivery Confirmation. NOTARY: A $25 Notary Fee will be charged on all units requiring notary work. PAYMENT: On-Line Purchasers must pay in full within (2) Business Days after auction, unless arrangements were made prior to the auction for extension. Payment forms accepted are: Paypal, Cash, Cashiers Check, Money Orders, Wire Transfer and Personal/Company Checks accompanied by an Irrevocable Non-Transferrable Bank Letter of Guarantee Directed to ServCorp International, Inc. There is an additional $20 fee for Wire Transfers. The wire transfer information is as follows: Parish National Bank 404 E. Kirkland Street Covington, LA 70433 (985) 898-5400 Routing transit # 065-201-611 For Credit To: ServCorp International, Inc. Account # 2080672 The purchaser is not entitled to possession until all items have been paid for in full. In the event that the purchase prices are not paid within the prescribed time, the auctioneer shall have the right to resell such items in whatever manner he sees fit without notice to the purchaser. The purchaser thereof shall pay any shortfall from sale plus commission and expenses. SALES TAX: 8.75% Sales Tax will be charged to all Louisiana residents unless purchaser provides a Valid Sales Tax Exemption for the State of Louisiana. Out of State Buyers are solely responsible for payment of any taxes, surcharges or registration fees imposed by any government agency in the state or territory of their residency. There will be no sales tax charged on titled units. RISK OF LOSS: It is recommended that purchasers arrange insurance for their purchases in advance. Attendance at the auction, preview, or removal by bidders and guests is done at their sole risk. ServCorp International, Inc. assumes no risk or liability, statutory, common law or otherwise whatsoever for the safety of those attending at the auction premises. The buyer assumes full responsibility and assumes risk of loss for all items purchased from the time the Auctioneer says sold to the buyer. The buyer will obtain full liability insurance on all items as required. REMOVAL: All online purchasers must make arrangements to have items removed within (10) Business Days after the auction otherwise items will be considered abandoned. Auction personnel will offer reasonable assistance in loading the buyers’ equipment. Any purchases left after the checkout period stated will be considered abandoned, unless arrangements were made directly with the auction staff prior to the end of the checkout period. All costs and responsibilities of removal shall be borne by the purchaser/bidder within the time prescribed by the auctioneer. The auctioneer may require proof of adequate insurance from the purchaser. The purchaser/bidder herby indemnifies the auctioneer and the vendor against any and all damages arising from the dismantling and removal of any lots. Any lots not removed within the prescribed time shall be subject to storage, moving, disposal and service charges at the sole risk and expense of the purchaser. All such lots shall be deemed as abandoned and shall be subject to resale for the recovery of such charges. The purchaser shall also be liable for any rent or damages sustained by the auctioneer for failure to remove any lot. AUCTION SITE: Buyer acknowledges that the auction site and anywhere the property to be sold is located or displayed is a potentially dangerous place. Heavy equipment is being operated, potentially dangerous materials may be present, electric circuits may be live, and other potential dangers may exist. Every person at the sale site (and other areas where the property is located or displayed) at all times shall be there at their own risk with notice of the conditions of the premises, the activities on the premises, potential conditions of the premises and the conduct of third parties and buyer shall so advise his agents and employees. No person shall have any claim against the Auctioneer, their agents, employees or principals for any injuries sustained or death to any person of persons whomsoever nor for damages to or loss of property which may occur from any cause whatsoever. Buyer acknowledges responsibility for any injury or death to any person or persons whomsoever or property damage caused by Buyer, his agents, or his employees. SHIPPING: THE AUCTION COMPANY WILL NOT PROVIDE SHIPPING. ANY RUBBER TIRED OR TRACKED UNIT WILL NOT BE LOADED, CRATED OR TRANSPORTED BY AUCTION COMPANY, IT MUST BE PICKED UP LOCALLY BY THE PURCHASER OR CONTRACTED COMPANY SHOWING PROOF OF PURCHASE WITH PAID INVOICE. For all other Packaging and Shipping Needs Contact:: Mike Veverica at Work 504.361.8768, Cell 504.451.8560, Fax 504.367.4482 (Please remember we are in the Central Time Zone when calling). Shipping arrangements will be the sole responsibility of the purchaser and any and all shipping costs, including insurance, and/or fees for any packaging will be at the expense of the buyer and are to be paid directly to the shipping company and/or contracted person.

Local Taxes Apply

Some items may have water damage. Restaurant where items were located received 1 foot of water.