08-250 Woodward Thomsen

SECURED PARTY’S SALE AT PUBLIC AUCTION 08-250 RE: WOODWARD THOMSEN CO. WOODWORKING & SUPPORT EQUIPMENT 5O DANFORTH ST., PORTLAND, ME, TUESDAY, DECEMBER 16, 2008 AT 10AM TERMS: CASH or your good check. Out of state checks will require bank letter of guarantee. 10% Buyer's Premium on all purchases. Please make all checks payable to Keenan Auction Company. Complete payment due day of sale. No exceptions. Everything sold for immediate removal after completion of auction. Bidding and acknowledgment will be by number only. Please register with the Clerk. Once you become a winning bidder, title passes (UCC) and you are responsible for your own merchandise. Please watch your merchandise after you have become the winning bidder. Auctioneer and Seller are not responsible for lost or stolen items. No items may be transferred from one bidder to another; neither prior to nor after payment has been made. REMOVAL OF MERCHANDISE: Items may not be removed until the sale is completed and after complete payment has been made. Removal day of sale until 4PM. Removal on Wednesday, December 17th from 8Am – 4pm. All items must removed from the property by December 17th at 4PM. DISCONNECTS: Purchaser is responsible for disconnecting any items purchased. These disconnects are to be performed within the guidelines of industry-accepted standards and are to be performed by a qualified person. Any disconnects will be conducted in observance of current guidelines, statues, laws, and policies of the federal, state, and local agencies and/or other governing parties. Auctioneer has no responsibility for personal injury or property damage resulting from any electrical hazards. Oil & coolant removal from any equipment will be the responsibility of the purchaser. RIGGERS: Riggers conducting business at the auction sites must provide a certificate of insurance stating coverage of a minimum of $1,000,000. General liability insurance prior to beginning removal. It is the purchaser’s responsibility to provide to the auctioneer the proof of liability insurance. Additional insured may be required on the certificate of insurance. While descriptions are believed to be correct, the Auctioneer and the Seller make no warranties or guarantees, expressed or implied as to the genuineness, authenticity of, or defects in any lot, and will not be held responsible for advertising discrepancies or inaccuracies. Purchaser acknowledges that purchaser has had the opportunity to inspect the lots and that everything is sold on an "AS IS", "WHERE IS" basis except as expressly made in writing. No warranties are made as to the merchantability of any item or their fitness for any purpose. Auctioneer and Seller do not guarantee the accuracy or completeness of the information contained in this catalog. Purchasers should verify and inspect desired items prior to bidding. Purchaser does hereby indemnify and hold harmless Auctioneer and Seller from any and all damages and claims of any type whatsoever, caused during the sale or arising out of the sale, or by the removal of the items purchased. If any dispute arises between two or more bidders, the Auctioneer at his sole option may put up the lot again for sale at once and resell to the highest bidder. The auctioneer’s word will be absolute and final in resolving any disputes. The Auctioneer reserves the right to bid and to reject any and all bids including any bid, which is only a fractional advance over the proceeding bid. The Auctioneer reserves the right to group one or more lots into one or more selling lots and to add to or delete from lots at Auctioneer's sole discretion. Absentee bids will be accepted. All bids subject to confirmation of the seller. In the event the Purchaser fails to pay the whole of the purchase price within the time set forth by the Seller, and/or fails to comply with any of the Terms and Conditions of Sale, the Seller may retain and/or recover the deposit specified as liquidated damages, and in addition thereto, can be resold at public or private sale without further notice. Any deficiency resulting from such resale shall be paid to the Seller by such resale and enforcement of the obligation thereunder. Buyer agrees to pay any and all charges and expenses incurred by reason of any breach of the Terms and Conditions of Sale, including without limitation reasonable attorney's fees. PLEASE NOTE: You have signed a written binding contract agreeing to the Terms and Conditions of Sale, and understand that any bid you make falls under the Maine Auction Law, & Title II, Section 2-328 of the Uniform Commercial Code, and the Statute of Frauds. If you do not agree with the Terms and Conditions of the Sale, please return your bidding card to the clerk.

AUCTIONEERS - APPRAISERS

KEENAN AUCTION COMPANY

ONE RUNWAY ROAD SOUTH PORTLAND, MAINE 04106 TEL: 207.885.5100 FAX: 207.885.5877

Visit us online at –

www.keenanauction.com

ME AUCTIONEER’S LIC# 236