Fundays Restaurant Equipment
Online Only Auction
Location: 1345 4th St. NW New Philadelphia. ½ mi. south of Union Hospital on 4th St.
Ends Thursday, September 21st, @ 6:00 PM
Pick Up Date: Saturday, September 23, 10:00 AM-1:00 PM
Equipment: Root Beer machine with tanks, Victory single door freezer, McCall 2-door refrigerator, Taylor Ice-cream maker, Manitowoc ice maker, Electro-freeze milkshake machine, commercial dishwasher, mini fridge, Star receipt machine and cash drawer, Waring drink mixer, Food Eq Division Toastmaster w/ warming drawers, Hobart flat top grill with two basket fryer and 6’ stainless stand and hood, Stainless table, microwave, heat lamp, Nemco food warmer, nacho dispenser, misc. shelving and paper products, window serving trays, Lifetime and poly picnic tables.
Content Terms: 10% Buyers Premium will be added to the bid price for all items. Real Estate being sold at online auction on Tuesday, September 19 at 6:00 PM.
KAUFMAN REALTY & AUCTIONS
(888) 852-4111 www.kaufman-auctions.com
Pat Kaufman, Partner
(330) 204-6512 [email protected]
Please note all internet connections differ in their rate of speed. Your ability to bid in waning seconds of a timer may be adversely affected by your connection. WE STRONGLY SUGGEST THAT YOU DO NOT WAIT TO PLACE BIDS UNTIL THE LAST 15 SECONDS AS A SLOW CONNECTION MAY CAUSE YOUR BID NOT TO BE PLACED.
1. GENERAL. (a) Please read and review the Real Estate Terms thoroughly prior to bidding on any property, if you have not
read and do not understand these terms, do not bid. By bidding on the property, buyer agrees to all terms and conditions set
forth and enters into a contractual agreement to purchase the property under the following terms and conditions. (b) Any
inspection of the purchase and title documents by bidder's council must be done prior to bidding. (c) Any bid submitted
during the sale is binding upon the bidder until the sale is concluded and the winning bidder(s) are declared. It is possible the
previous bids can become the winning bids if other combinations cause them to move back into winning position. (d)
Combination bidding to begin. (e) Per Ohio Law all sales are with reserve unless otherwise stated. Bids remain binding upon
the bidder(s) until seller has confirmed or declined bids within 24 hours unless otherwise stated. (f) The auto-extend feature for
online only real estate sales will be 5 minutes for the first 30 minutes of extension. If there has been 30 minutes of extension past
the stated soft-close time the extension time will fall to 3 minutes. It is strongly advised bidders remain with the bidding platform
and are aware of any changes to the extension time. Each auction may have its own extension time. Please refer to individual
auction terms or contact agent/auctioneer for specific extension information.
2. ACCEPTANCE. Please read Kaufman Realty & Auctions, LLC’s, Kaufman Realty & Auctions WV, LLC’s, and Kaufman
Auction’s (collectively, “Kaufman”) Terms and Conditions (“Terms and Conditions”) carefully. By accessing
www.kaufman-auctions.com, www.kaufmanauctionswv.com, and any and all related website links of Kaufman (collectively,
“Website”) or by participating in an online auction, You signify Your consent to both these Terms & Conditions and the
between You as the user (“You”,“Your” or “Bidder”) and Kaufman, its subsidiaries, affiliates, and Kaufman’s commonly owned
affiliated companies (collectively “Kaufman,” “We”, “Us” or “Our”). These Terms & Conditions set forth the legally binding
terms for Your use of Kaufman’s services and shall apply to all users of Kaufman’s Website. By using this Website, You agree to
and are bound by these Terms & Conditions and also acknowledge that: (a) You have had the opportunity to review all of
the information located on the “Help & Support” page located at https://www.kaufman-auctions.com/support/ (and links
therein) and (b) You have had the opportunity to ask questions regarding the use of Kaufman’s Website by telephone or
email and to have those questions answered. Additionally, by accepting these Terms & Conditions, You acknowledge that
Kaufman is not the Owner or Seller of items contained in these online auctions and that Kaufman is acting solely as the agent
for the Owner or Seller. You also acknowledge that no relationship of any type or nature is created between You and
Kaufman (including but not limited to employee, independent contractor, or agent). However, Kaufman reserves its rights to
enforce all terms of sale included in accordance with these Terms & Conditions.
3. ADDITIONAL TERMS. You will be required to agree to additional terms and conditions on a per online auction basis. These
additional terms and conditions are stated in the specific online auction in which You choose to participate. These additional
terms are hereby incorporated into Kaufman’s Terms & Conditions as an integral part hereof.
4. MODIFICATION OF TERMS. Kaufman may modify these Terms & Conditions at any time. You agree to be bound to any
changes to these Terms & Conditions when You use the Website or participate in an online auction after any such modification
is posted. It is therefore important that You keep Yourself up to date with these Terms & Conditions and any changes to
them. Kaufman reserves the right, at their discretion, to either decrease the extension time, extend the closing time, and
enable or disable combinations. All extensions and combination changes are subject to announcement. The auctioneer
reserves the right, at their discretion, to increase or decrease the bid increments. Bid Increment table hereto attached,
increments may be changed as needed. THESE TERMS & CONDITIONS ARE LEGALLY BINDING AND IF YOU VIOLATE ANY PART
OF THEM, KAUFMAN MAY SEEK LEGAL RELIEF, INCLUDING BUT NOT LIMITED TO REPORT-ING YOUR CONDUCT TO APPROPRIATE
LAW ENFORCEMENT ENTITIES. PLEASE NOTE THAT THESE TERMS & CONDITIONS INCLUDE AN AGREEMENT BY WHICH YOU
INDEMNIFY KAUFMAN AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF HOLMES OR TUSCARA-WAS COUNTY, OHIO FOR ANY
DISPUTES ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE AND ANY SERVICES OFFERED BY KAUFMAN.
5. WEBSITE ACCESS. Kaufman hereby grants You permission to use the Website as set forth in these Terms & Conditions,
provided that: (a) You will not alter or modify any part of the Website other than as may be reasonably necessary to use the
Website for its intended purpose and/or in a manner allowed by Kaufman; and (b) You will otherwise comply with all of these
Terms & Conditions.
6. USE OF WEBSITE. You accept sole responsibility for all Your activities using the Website, including Your conduct on the
Website and any all content You may submit, post, or share via the Website. You may not use the Website for any unauthorized
or illegal purpose. You further agree not to copy, reproduce, or publicly display any content from the Website. It is in
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Kaufman’s sole discretion to accept or decline the instructions of any individual who claims to be authorized to make direct
changes to Your Bidder Account, so long as the person presents the appropriate account information. We shall not be
responsible for the actions made by any individuals who misuse or misappropriate Your account information or other assets
using Your Bidder Account, password, or other appropriate identifying information. If Your Bidder Account has been compromised,
it is Your responsibility to notify Us immediately of any unauthorized use on Your Bidder Account.
7. REGISTRATION. If You would like to participate in Our online auctions, You must become a registered bidder and create a
Bidder Account. You agree to provide true, accurate, current, and complete information about You and/or Your organization,
as applicable, and as requested during the registration process.
8. REQUIREMENTS. By using Kaufman’s Website, You represent and warrant that (a) all registration information is truthful and
accurate; (b) You will maintain the accuracy of such information; and (c) You are 18 years of age or older and have full legal
capacity to complete such contractual action without need for any additional approval or consents. If You do not qualify,
You are not permitted to participate in Our online auctions.
9. CUSTOMER SERVICE CONTACT. To contact Our Customer Service – please use any of the options listed below:
(i.) Contact Us Online: Send Us a message online by completing and submitting the information located at https://www.
kaufman-auctions.com/support/contact/. Specific online auctions may also contain a “Contact Us” section that can be
completed and submitted. (ii.) Contact Us by Phone: (888) 852-4111 during the service hours of 9AM – 4PM (ET), Monday
through Friday.* Specific online auctions may also contain contact information for individuals that can be contacted via
telephone and/or email. (iii.) Contact Us by Mail: Kaufman Realty & Auctions, LLC, P.O. Box 422, Sugarcreek, Ohio 44681 and
399 W. Main St.,Bridgeport, WV 26330. *Our service hours may be reduced during certain national and/or religious holidays.
10. EMAIL COMMUNICATION. Kaufman and Our partners and agents reserve the right to send messages to You regarding any
matter related to the Website, including but not limited to Your Bidder Account, online auctions, items in online auctions, and
these Terms & Conditions. Further, You consent to receive emails at the email address(es) entered in Your Bidder Account.
11. TELEPHONE COMMUNICATION. Kaufman and Our partners and agents reserve the right to contact You via telephone
(either by a live person, automatic dialer, prerecorded message, or a combination of the foregoing) regarding any matter
related to the Website, including but not limited to Your Bidder Account, the online auctions, the items in the online auctions,
and these Terms & Conditions. Further, You consent to receive such phone calls at the telephone number(s) You enter into
Your Bidder Account.
12. TEXT COMMUNICATION. Kaufman and Our partners and agents reserve the right to contact You via text message if You
opt in to “Text Alerts” in Your Bidder Account. By opting in for this functionality, you consent to receive text messages by
automated means. Allowing “Text Alerts” is not a condition of purchase. This service is free from Kaufman; however carrier
message and data rates may apply. To take advantage of Kaufman text messaging alerts, you must have a text messaging
enabled mobile device with a text messaging plan. The number for this device must be entered in as Your “Phone Number”
in Your Bidder Account.
13. DIRECT MAIL COMMUNICATION. Kaufman and Our partners and agents may send you promotional details for Our services
which We believe may interest You. If at any time You do not wish to receive these communications, please send Us a
message at https://www.kaufmanauctions.com/support/contact/.
14. WARRANTY OF ITEMS. All items are sold AS IS, WHERE IS, with NO WARRANTY, express or implied. All guarantees of authenticity,
express or implied, are hereby disclaimed. Dimensions given for items may be approximate measurements. Do not
assume a lot consists of more than one item simply because they are connected or pictured together. Please read the
descriptions carefully to determine what is included in each lot. There shall be no returns or exchanges of items purchased by
You. Kaufman makes all efforts to accurately describe items, but You accept any and all responsibility for viewing, verifying,
and purchasing items.
15. CHANGES IN CIRCUMSTANCES. All aspects of an online auction are subject to change without prior notice. Kaufman
reserves the right to (a) add or remove items from an online auction; (b) split or combine lots; (c) make changes to the online
auction ending times and pick-up date and/or time; (d) cancel, suspend, extend, or reschedule an individual item and/or
online auction event; and (e) take any other action Kaufman deems necessary to affect the fair conduct of online auction.
16. BINDING OFFER. Placing a bid constitutes a binding offer between You the Bidder and the Owner/Seller that cannot be
rescinded or retract-ed. If the bid is accepted by Kaufman (as determined by Kaufman in its sole discretion), You are
contractually obligated to buy the item at the price stated as Your bid, as well as other applicable taxes, fees, and buyer
premiums stated in the specific online auction you choose to participate in.
17. WITH RESERVE. Per Ohio Law all sales are with reserve unless otherwise stated. Bids remain binding upon the bidder(s) until
seller has confirmed or declined bids within 24 hours unless otherwise stated.
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18. PARTICIPATION. PRIOR TO BIDDING, IT IS IMPORTANT THAT YOU FAMILIARIZE YOURSELF WITH THESE TERMS AND CONDITIONS,
ALL OF THE INFOR-MATION LOCATED ON https://www.kaufman-auctions.com/support (AND LINKS THEREIN), AND THE TERMS
AND CONDITIONS STATED IN THE SPECIFIC ONLINE AUCTION YOU CHOOSE TO PARTICIPATE IN. ENSURE THAT THE AUCTION
PICK-UP DATE AND TIME WORKS WITH YOUR SCHEDULE BEFORE BIDDING. KAUFMAN CANNOT GUARANTEE THAT YOU WILL BE
THE WINNER OF ANY ITEM. ADDITIONALLY, TIME IS OF THE ESSENCE IN RESPECT TO THESE TERMS & CONDITIONS.
19. PLACING A BID. Depending on the specific online auction, You may place bids in the following ways: (1) Max Bid; (2)
ForceBid/-JumpBid; and (3) Ultimate Choice Bidding Platform. (i.) Max Bid allows You to enter Your Max Bid and the system
will continue to bid for You by increments until it reaches Your Max Bid. (ii.) ForceBid/JumpBid is a bidding strategy by which a
bidder increases the bid by more than the next accepted bid (for exam-ple, placing your bid at $150 when the next accepted
bid is $125). This practice is used by some bidders to discourage others from bidding in hopes of acquiring an item at a
lower price. There are many theories on the effectiveness of this practice and if You choose to apply this practice, You do so
at Your own discretion. (iii.) If the Ultimate Choice Bidding Platform is being utilized, there is no max bidding feature. Once You
have clicked on the lot or combination of lots and click get price, You then have two options. You can simply click submit bid
to enter Your bid at the amount displayed or You can enter a higher bid in the space provided. Your bid will be implemented
at this amount. This is not max bidding, so the bid will be placed at the exact amount You enter. (iv.) If the specific auction
You choose to participate in is online only, bidding will begin at a certain time and date and end at a certain time and date.
Depending on the specific auction You choose to participate in, should a bid be placed within a certain amount of minutes
before the auction’s ending time, the ending time will automatically be extended from the time that bid is placed. The time
will continue to extend until the bidding activity has stopped. The online only auction closes when the timer on the auction
hits zero. The winning bidder of an item is the last bidder the bid history recorded before the timer hits zero. Kaufman, in its sole
discretion, may determine when and how long it chooses to extend the auction’s ending time. (v.) If the specific auction You
choose to participate is online and live (simulcast), pre-bidding will begin at a certain time and date and end at a certain
time and date. The actual live portion of the auction in which online and live bidding will occur will begin at a certain time
and date and end on the same date at a later time. You can read more about auction terminology and the bidding functions
and how they operate at: https://www.kaufmanauctions.com/support/terminology/.
20. BID NOTIFICATIONS. For the below notifications, if elected, You can also receive text notifications. Notifications can be
configured in Your Bidder Account. (i.) https://www.kaufman-auctions.com/support/bidding/how-to/; and https://www.
kaufman-auctions.com/support/bidding/. Outbid Alerts will be sent via email if You have been outbid. (ii.) High Bid Alerts
will be sent via email if You are the high bidder. (iii.) Low Bid Alerts will be sent via email if You are the low bidder.
21. PAYMENT TYPES. Kaufman accepts VISA®, MasterCard®, and Discover® as acceptable payment for items purchased.
Any purchase in excess of $2,500.00 must be paid via wire transfer. You may be required to present current identification
(such as a valid driver’s license or state ID) at time of pick-up. Items will not leave the auction premises until payment, including
all applicable taxes, fees, and buyer’s premiums, have been made in full. Payment type restrictions for an entire auction
or an individual item may apply. Please read the additional terms and conditions stated in the specific online auction in
which You choose to participate.
22. BUYERS PREMIUM & SALES TAX. If You are the successful bidder, You agree to pay the amount of Your bid plus the buyer’s
premium stated in the specific online auction in which You chose to participate in, plus any and all applicable state and
local sales taxes.
23. TAX EXEMPT. If You are a tax exempt bidder, it is Your obligation to go to Your Bidder Account and fill in Your tax exempt
number. You will also need to contact Kaufman to confirm Your status as a tax exempt bidder for the specific online auction
You choose to participate in.
24. PAYMENT INSTRUCTIONS. You will receive a final invoice via email when You are the winning bidder. Payment terms are
specified in the specific online auction’s terms and conditions in which You choose to participate in.
25. SHIPPING. Shipping may be available in some auctions but is not guaranteed to be available in any or all auctions. Please
check the specific online auction’s terms and conditions in which You to choose to participate in for shipping costs and
availability. Shipping is always at Your expense. Shipping insurance is recommended for all shipped items and must be
arranged by You. Kaufman is not responsible for items damaged during the shipping and handling process.
26. LIABILITY REGARDING PURCHASES. YOU AGREE THAT KAUFMAN SHALL NOT BE LIABLE FOR ANY LIABILITIES, CLAIMS, COSTS
AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND COURT COSTS), DEMANDS FOR INJURIES, OR DAMAGES TO ANY PERSON OR
PROPERTY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, ANY SERVICES OFFERED BY KAUFMAN, AND ANY ITEMS
PURCHASED BY YOU ON THE WEBSITE.
27. FAILURE TO REMIT PAYMENT. Any items not paid for in accordance with these Terms & Conditions and the specific online
auction’s terms and conditions in which you chose to participate in will be forfeited by You and shall be deemed a breach.
Kaufman may, in its sole and absolute discretion, resell the items. Any default by You will be subject to any and all damages
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that Kaufman incurs, including but not limited to interest, collection fees, moving and disposal fees, and reasonable attorneys’
fees and costs. Your bidding privileges may be in jeopardy and may be revoked if You fail to remit payment for an
invoice issued. You are also advised that Kaufman may aggressively enforce its rights to the fullest extent of the law, including
civil and/or criminal prosecution.
28. TERMINATION. Kaufman reserves the right, in its sole and absolute discretion, to permanently terminate Your access to
Your Bidder Account at any time effective immediately, with or without notice, if We determine or suspect You have violated
these Terms & Conditions, any other specific terms and conditions of an online auction, any laws, or the rights of other users or
third parties. In the event of termination by Kaufman, Kaufman may pursue any remedy that may be available, at law or in
equity, with respect to such breach (including but not limited to recovery of the damages incurred by Kaufman set forth in
Paragraph 27 Regardless of the reason for any termination, You agree that Kaufman, in its sole discretion, may cancel all
current bids placed, withhold items not picked up, or otherwise retain any and all of Your pending purchases.
29. INDEMNITY. You agree to indemnify, defend, and hold Kaufman and its members, managers, directors, employees,
agents, affiliates, licensors, agents, and other partners (collectively, the “Indemnified Persons”) harmless from any loss, cost,
expense, liability, claim, or demand, including reasonable attorneys’ fees, suffered by any Indemnified Persons due to, arising
out of, or in connection with (i) Your use of the Website and any services offered by Kaufman; (ii) any violation by You of
these Terms and Conditions, any other specific terms and conditions of an online auction, and any applicable law; and (iii)
items purchased by You on the Website.
30. INTERRUPTION OF SERVICE. Kaufman shall not be responsible or liable for any interruption in service, errors, and/or omissions
caused by any means and does not guarantee continual, uninterrupted or error free service or use of the Website. With
current technology, it is not possible to develop and operate computer programs (software) and data processing systems
(hardware) entirely without error, or to rule out any unpredictable events in connection with the Internet. You acknowledge
that the Website is conducted electronically and relies on hardware and software that may malfunction without warning. In
the event of any malfunction relating to the Website, We, in Our sole discretion, may void any sale, temporarily suspend
bidding and/or re-sell any item/lot affected by any malfunction.
31. TRADEMARK. The trademarks, logos, characters and service marks (collectively “Trademarks”) displayed on the Website
belong to Kaufman or are used with permission. Nothing contained on the Website should be construed as granting any
license or right to use any Trademark displayed on the Website. Your use/misuse of the Trademarks displayed on the Website,
or any other content on the Website, except as provided in these Terms & Conditions, is strictly prohibited. You are also
advised that Kaufman will aggressively enforce its intellectual property rights to the fullest extent of the law.
32. GOVERNING LAW. These Terms & Conditions and their interpretation shall be governed by the laws of the state of Ohio.
33. JURISDICTION/VENUE. IN THE EVENT OF ANY DISPUTE ARISING OUT OF RELATING TO YOUR USE OF THE WEBSITE AND ANY
SERVICES OFFERED BY KAUFMAN, YOU AGREE THAT THE VENUE AND JURISDICTION FOR ANY DISPUTE SHALL BE SUBJECT TO THE
EXCLUSIVE VENUE AND JURISDICTION OF HOLMES OR TUSCARAWAS, COUNTY, OHIO IF THE ONLINE AUCTION IS CONDUCTED
BY KAUFMAN REALTY & AUCTIONS, LLC OR IN HARRISON COUNTY, WEST VIRGINIA IF THE ONLINE AUCTION IS CONDUCTED BY
KAUFMAN REALTY & AUCTIONS WV, LLC.
34. SEVERABILITY. The provisions of these Terms & Conditions and any additional terms and conditions stated in the specific
online auction in which You choose to participate in are severable, and if any part of them are found to be unenforceable,
the other para-graphs shall remain in full force and effect.
35. HEADINGS. The headings in these Terms & Conditions are included for convenience only and shall neither affect the
construction or interpretation of any provision in these Terms & Conditions nor affect any of the rights or obligations of You