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Abbott Netherlands - Biopharma, Laboratory and R&D Equipment

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By order of Abbott Healthcare Products B.V. in Weesp, NL

SHORT NOTICE online auction of more than 400 lots of biopharma, laboratory and R&D equipment from Abbott Healthcare R&D facility in Weesp, Netherlands. Items include HPLC's, mass spectrometers, GC's, CIP system, centrifuges, laboratory balances, rotary evaporators, shakers, vacuum pumps, incubators and more.

Featuring:
  • CIP (Clean In Place) Unit Miniplants NL 'Z-3930'
  • GEC Westfalia 'AG CSC6-06-476' separator
  • Waters ZQ / micromass quattro premier XE mass spectrometers (Qty 2)
  • HP Agilent HPLC systems (Qty 7) and '6890 & 6890N' GC systems (Qty 2)
  • Bruker Advance 400 / DPX400 NMR (Qty 3)
  • Clean Air / NuAire biological safety cabinets
  • Büchi R-200/R-205/R-210/R-215 rotary evaporators (Qty 33)
  • Over 400 lots of general lab equipment including microscopes, centrifuges, baths, incubators etc.

Notice to purchasers:
Buyers premium: 16%
VAT/Tax: 21% - Netherlands
Inspection details: By appointment only
Payment date: 6 March 2014
Payment type: Wire Transfer
Collection date: 21 March 2014
Additional notes:
In addition to the Auctioneer’s Terms and Conditions, all buyers must read and accept the Seller’s Terms and Conditions. At the Seller’s request, buyers must complete an end user statement or other applicable export control documentation.
All buyers will be required to return a signed copy of the Abbott Laboratories Bill of Sale prior to taking possession of purchased Abbott Laboratories assets.
Items must be paid and collected until 21st March 2014 at the very latest. We reserve the right to irrevocably remove assets which have not been paid or collected within the given deadlines without any reimbursement or further notice
Currency: Euro
Auctioneer: GoIndustry AG


Specific auction terms & conditions:

1.         The services provided by the relevant GoIndustry DoveBid Group Company (“Auctioneer”) are governed by these Terms and Conditions.  By participating in this auction, you consent to be bound by these Terms and Conditions as well as by any additional terms that may be imposed by the seller or announced at the auction, included within the Notice to Purchasers and/or set forth on individual asset lot pages.  For the purposes of these terms and conditions, we refer to any person or entity registering to offer or offering to buy goods as a "buyer" regardless of whether any contract of sale is concluded.

2.         All potential buyers must register online at www.go-dove.com.  Auctioneer may, in its sole discretion, deny registration to any person or entity.

3.         All assets in the auction shall be sold to the highest bidder; provided, however, that some assets may be auctioned with minimum reserve prices, and/or subject to seller’s right of confirmation.  The reserve price may be decreased by the Auctioneer or seller at any time before or during the auction. The reserve price may be decreased to the level of the highest Autobid if that bid is below the current reserve price with the effect that the highest Autobid may be accepted. Auctioneer reserves the right to reject any bid that is only a minimal increase over the preceding bid, that is not commensurate with the value of the item being offered or that Auctioneer believes was made illegally or in bad faith. Further, Auctioneer, may bid at the auction either for its own account or on behalf of a third party (including on behalf of sellers but, if on behalf of sellers not at or in excess of the reserve price).  In the event of a dispute among buyers, Auctioneer may, in its sole discretion, either accept what it deems to be the final bid or solicit further bids on the item in dispute.  All sales are final.  No returns or refunds will be permitted, unless authorized by the seller in writing.

4.         In the event of any dispute concerning the winning bid price for an asset, the record kept by Auctioneer shall control.

5.         Buyers shall examine or inspect items prior to the day of the auction.  ALL ITEMS ARE SOLD AS IS, WHERE IS AND WITH ALL FAULTS.  NEITHER SELLER NOR AUCTIONEER MAKES ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE NATURE, QUALITY, VALUE OR CONDITION OF ANY ASSET.  AUCTIONEER AND SELLER EXPRESSLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  Assets are intended to be sold without software, if any is applicable.  In the event that a seller's software is included in an asset sale, notwithstanding the disclaimers set forth above, Auctioneer makes no representations or warranties regarding the buyer's right to use such software, as to the performance of the software, its non-infringement or otherwise.  In such circumstances, Auctioneer recommends that buyer contact the software manufacturer directly to resolve any such issues. 

6.         Auctioneer relies on information about assets in the auction provided by the seller.  Auctioneer undertakes no investigation of that information, and makes no representation or warranty concerning the truth or completeness of that information.  Photographs are provided solely for the buyers' convenience and shall not be construed to create representations or warranties of any kind pertaining to the assets.  Buyer acknowledges that it has had the opportunity to inspect all assets prior to tendering its bid and waives any and all claims against Auctioneer and/or seller relating to asset photographs or descriptions.

7.         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 Auctioneer’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 Auctioneer’s invoice.

8.         Collection of applicable taxes will be in accordance with the laws of the jurisdiction in which the purchased asset is located.

9.         Each successful buyer must pay a 25% deposit toward the purchase price immediately following the successful bid.  Buyers expressly authorize Auctioneer to use their credit card to satisfy the deposit amount.  If a buyer fails to make a timely deposit, Auctioneer and the seller may resell the items in question without notice.  Full payment of the purchase price is due at the earlier of (i) 48 hours after the buyer has received an invoice, or (ii) the close of business on the third business day after the auction but in any event by the Payment Date set out in the Notice to Purchasers.  Without limiting the foregoing, full payment of the balance of the purchase price is due 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 tax) within the time specified by Auctioneer or otherwise fails to comply with these Terms and Conditions, Auctioneer and the seller will retain the deposit as liquidated damages without notice.  Auctioneer and the seller reserve the right to resell such items without notice, and the defaulting purchaser shall be liable to Auctioneer and seller for any resulting deficiency, including costs incurred in storing and reselling such assets.  In the event of such resale, the defaulting purchaser shall be liable to Auctioneer and seller for any resulting deficiency, including costs incurred in storing and reselling the assets in question.

10.        Auctioneer accepts the following methods of payment: cash, cashier’s check, and wire transfer made payable to Auctioneer also will accept a company check if it is accompanied by a letter from the company’s bank guaranteeing payment in full, without condition and upon demand. Auctioneer will also accept VISA®, MasterCard®, American Express® if so indicated in the Notice to Purchasers.

11.        By participating in an auction, each buyer represents, warrants and covenants that (i) it shall not misrepresent its ability to close the transaction pursuant to the terms and conditions of sale, (ii) it has the capacity to close the transaction, (iii) it has actual authority to enter a bid, and to enter into an agreement to purchase the item, and (iv) any bid it makes on an item constitutes an irrevocable offer to buy the item for the full amount of the bid.

12.        Auctioneer may, in its discretion, offer the assets for sale by the piece or by the lot.  In addition, Auctioneer may augment an auction with assets from various sellers.  These assets may be interspersed throughout the auction.  The seller has the right to remove assets from the auction either before or after bidding has completed.  In the event of a removal after bidding has been completed, the purchaser’s sole remedy shall be the refund of any purchase price actually paid.

13.        Auctioneer will announce any additions to or deletions from the catalog on the day of the auction.  Auctioneer and the seller assume no responsibility for, and make no representations or warranties concerning, descriptions of assets contained in marketing materials for the auction.  It is the buyers’ obligation to verify such descriptions prior to the auction.

14.        Neither seller nor GoIndustry DoveBid shall be liable, in contract, tort (including negligence) or for breach of statutory duty or in any other way for:

            (a)        any loss arising from or in connection with loss of revenue, profits, contracts or business or failure to realize anticipated savings or profits;

      (b)        any loss of goodwill or reputation; or

            (c)        any indirect or consequential losses suffered or incurred by Buyer,

arising out of or in connection with these Terms and Conditions and any of the actions or events contemplated within them or deriving from a sale of goods pursuant to them (“Relevant Events”).

The aggregate respective liability of Seller or GoIndustry DoveBid in respect of any other loss or damage suffered by a Buyer and arising out of or in connection with these Terms and Conditions or arising out of or in any way connected with any Relevant Events, whether in contract, tort (including negligence) or for breach of statutory duty or in any other way, shall not exceed (i) in the case of the Seller, the amount of the purchase price paid by the Buyer; and (ii) in the case of GoIndustry DoveBid the buyer’s premium paid by the Buyer, in each case in respect of the goods which are the subject of the claim. 

The Buyer undertakes to defend (by counsel satisfactory to GoIndustry DoveBid) and indemnify GoIndustry DoveBid and Seller and hold GoIndustry DoveBid and Seller 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, the Seller or any third party in connection with the sale, removal, shipment or use of any purchased assets or a breach by the Buyer of these Terms and Conditions. 

15.        Auctioneer will announce the removal, or "check-out" in the Notice to Purchasers. Auctioneer 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,  shipment and insurance 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 in the Shipping Information section of Auctioneer’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. Auctioneer reserves the right on any sale to require that all buyers utilize the services of the movers/shippers/riggers to those listed on Auctioneer’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, Auctioneer 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, Auctioneer and the seller reserve the right to charge the buyer for the costs of storage beyond the check-out period.

16.        Buyers acknowledge that an auction site or the seller’s site 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 such 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.  Buyers shall so advise their agents and employees.  No person shall have any claim against Auctioneer, the seller or their respective agents or employees for any injuries sustained or for damages to or loss of property that may occur at such site.

17.        International Statutory Compliance Exclusion.   It is expressly brought to the Buyer's attention that, at the time of sale, any asset for sale in this sale:

(a)        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

(b)        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, the United States 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 asset.  

The Buyer undertakes to (i) 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 health and safety standards and regulations; and (ii) 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.

18.        The Buyer agrees 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 asset unless expressly stated. GoIndustry DoveBid makes no representation or warranty concerning, and has conducted no investigation to ascertain which assets, 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 or rescind 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. 

19.        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.

GoIndustry DoveBid
July 2011

TERMS AND CONDITIONS

1DEFINITIONS: As used herein, (a) "SELLER" shall mean Abbott Laboratories; (b) "BUYER" shall mean the bidder whose offer is accepted by SELLER; and (c) "ARTICLES" shall mean the items of property declared as surplus by the SELLER.

2DESCRIPTIONS: Any description published for ARTICLES offered for sale is not warranted by the SELLER to be accurate or complete. The SELLER shall not be responsible for any insufficiencies, inaccuracies or omissions.

3DISCLAIMER OF WARRANTY: SELLER MAKES NO EXPRESS WARRANTIES WHATSOEVER, EXCEPT THAT SELLER OWNS THE ARTICLES. NO WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE SHALL BE IMPLIED. The ARTICLES are offered and accepted “AS IS, WHERE IS” and “WITH ALL FAULTS”. The SELLER shall not be responsible for damages of any kind (included but not limited to, direct, incidental of consequential damages) to anyone for any deficiencies or failure of any ARTICLES for any reason. BUYER assumes all risks of loss, after delivery by SELLER and/or upon the commencement by BUYER of the dismantling or other work performed.

4.WARNING OF HAZARDS: BUYER acknowledges that SELLER warns that the ARTICLES may bear or contain hazardous chemicals or other hazardous materials which may be, or may become by chemical reaction or otherwise, directly or indirectly, hazardous to life, to health, or to property by reason of toxicity, flammability, explosiveness or for other similar or different reasons, during use, handling, cleaning, reconditioning, disposal, etc. The BUYER has inquired and received satisfactory information from the SELLER regarding such latent and patent hazards associated with the ARTICLES. BUYER EXPRESSLY ASSUMES ALL RISK OF AND RESPONSIBILITY FOR INJURY OR DAMAGE TO THE BUYER

OR OTHERS BASED ON OR ARISING OUT OF POSSESSION, HANDLING, DISMANTLING OR USE BY BUYER OR BY OTHERS OF ANY SUCH GOODS FOR ANY PURPOSE WHATSOEVER. BUYER agrees to warn of all possible hazards to any persons to whom BUYER resells, contributes, or delivers the ARTICLES, or to any person who may be exposed to their hazards.

BUYER understands and agrees that no change in this broad warning shall bind SELLER. No additional specific warning shall be deemed to limit this broad warning, and if the additional specific warning is inadequate, all of the TERMS AND CONDITIONS herein below set forth shall still apply, even if the inadequacy of the specific warning was due to negligence on SELLER'S part; and no course of action on SELLER'S part shall be deemed to limit this broad warning.

5INDEMNIFICATION: BUYER indemnifies, defends and holds SELLER harmless against any and all liability and damage, including, but not limited to, reasonable attorney's fees arising out of any claim for personal injury, sickness, and death to any persons and for any property damage caused by the ARTICLES or by hazardous chemicals or other hazardous materials on or in the ARTICLES, whether or not due to the negligence of SELLER, during the commencement of the dismantling or other work by BUYER and thereafter following delivery by seller. The word "persons" as used herein, shall be construed to imply both the plural and the singular, as the case may demand, and shall include corporations, companies, associations, societies and municipal corporations as well as individuals.

6REPRESENTATION: The employees or representatives of the SELLER are not authorized to make any statements as to the quality and condition of the ARTICLES being offered for sale, other than the written statements made herein. Buyer acknowledges that any such statement made will not be binding on the SELLER.

7DAMAGES: Any damage done to the SELLER’S property during the removal of ARTICLES sold, including environmental damage, will be the responsibility of the BUYER to repair and remediate.

8LABELS: BUYER shall remove and refrain from making use of any and all of the SELLER’S trademarks, service marks, labels, logos, distinctive markings, and designs that may appear on the ARTICLES or on any packaging materials. Nothing contained herein shall be construed to grant or imply a license to buyer of any such marks, labels, logos, markings and designs.

9TITLES: Title to ARTICLES shall transfer from the SELLER to the BUYER upon proper payment. Payment shall be made and title passed to the BUYER prior to BUYER’S commencement of removal activities from SELLER’S premises. Thereafter, BUYER shall be responsible for the maintenance, operation and disposal of the ARTICLES in accordance with applicable law.

10FORCE MAJEURE: The SELLER shall not be liable for its failure to perform hereunder due to circumstances beyond its reasonable control, including acts of God, fire, flood, riot, war, sabotage, accident, explosion, flood, strike, lockout, injunction, labor dispute, shortage, governmental law, ordinance, rules and regulations, breakage of machinery or apparatus, national defense requirements, whether valid or invalid (including, but not limited to priorities, requisitions, allocations, and price adjustment restrictions), or inability to obtain material, equipment or transportation, and/or any other similar or different circumstances beyond the control of the SELLER preventing the sale, pickup or dismantling of the ARTICLES.

11PAYMENT: Prior to dismantling or removal of ARTICLES, BUYER shall make payment by bank wire transfer or cashier’s check, or other certified funds acceptable to SELLER, unless alternate terms are mutually agreed upon. Should the BUYER fail to comply with the payment terms, the SELLER may terminate the sale.

12SALES TAXES: BUYER agrees to pay, at the time of sale, all applicable sales or use taxes or other taxes, charges, or fees required to be paid or collected by SELLER by reason of this sale, or to provide SELLER with a valid exemption certificate. In the event that BUYER either fails to pay the tax or other charges as agreed to above or fails to provide a valid exemption certificate, BUYER agrees to indemnify, defend and hold SELLER harmless from any liability and expense by reason of BUYER'S failure.

13SHIPMENT: It shall be the responsibility of the BUYER to arrange the shipment and to perform any preparation for shipment (boxing, skidding, payment, etc.), unless SELLER agrees in writing to other arrangements. Additionally, the BUYER agrees to exercise all necessary and prudent precautions to insure all loading and transportation will be performed in a manner that does not interfere with or jeopardize the facilities in or adjacent to the ARTICLES being removed. BUYER shall comply with all applicable State and Federal Laws and Regulations, including OSHA requirements, and all safety rules set forth by the SELLER while on the SELLER’S property.

14FAILURE TO PERFORM: If ARTICLES are not removed by the BUYER within the stated timeframe, (i) such ARTICLES shall be deemed abandoned by the BUYER, (ii) BUYER shall forfeit all monies paid to SELLER for the purchase of such ARTICLES, including any rigging costs, and (iii) BUYER shall forfeit the right to purchase such ARTICLES. In addition, BUYER shall be responsible for all damages suffered by SELLER, including, but not limited to, any dismantling, transportation, storage or other costs, including attorneys’ fees, incurred by SELLER as a consequence of BUYER’S failure to remove such ARTICLES. SELLER reserves the right to offer the ARTICLES for sale and to recover the difference, if any, in the bid price and the price paid by the new purchaser.

15GOVERNING LAW: This Agreement shall be governed by and shall be construed according to the laws of the State of Illinois as if executed and to be performed wholly within the State of Illinois. All actions, legal or other, instituted by BUYER under this Agreement must be filed in a federal or state court located in Illinois.

16INSURANCE: BUYER shall provide and maintain, and shall require each contractor or subcontractor (regardless of tier) to provide and maintain, minimum insurance coverage with carriers satisfactory to SELLER as specified below for any work to be performed on SELLER’S owned or leased property. A copy of BUYER’S insurance certificate shall be submitted to the Manager of Investment Recovery prior to commencement of work and must name Abbott Laboratories as an “Additional Insured” (To be shown in the Special Instructions section of the certificate G.L. 2010). All insurance certificates must evidence that the policy shall remain intact for the period during which the BUYER shall require access to SELLER’S facilities.

(1) Worker’s Compensation Statutory
(2) Employers’ Liability Statutory
(3) Commercial General Liability, including Public Liability, Bodily $5,000,000 combined single limit per occurrence and annual
  Injury and Property Damage aggregate
(4) Automobile Liability (covering owned and non-owned vehicles), $1,500,000 combined single limit per accident
  Bodily Injury and Property Damage  

17RIGHT OF ACCESS: SELLER may, at its own discretion, restrict any or all access to SELLER’S facilities by the BUYER without prior notice. SELLER shall not be liable for any loss the BUYER may experience as a result of restricted access.

18ENTIRE AGREEMENT: These TERMS AND CONDITIONS contain the entire agreement and understanding between the SELLER and the BUYER as to the ARTICLES and supersede all prior agreements, commitments, representations, and discussions between the SELLER and the BUYER pertaining to the sale of the ARTICLES.

19ARBITRATION: Any claim, dispute or controversy arising out of or relating to any interpretation, construction, performance or breach of these TERMS AND CONDITIONS shall be resolved by final and binding arbitration in accordance with the procedures set forth on exhibit “A” hereto. Such proceeding shall be conducted in Chicago, IL, before a single arbitrator to be agreed upon by the parties. The decision of the arbitrator shall be final, conclusive and binding on the parties. Judgment may be entered on the arbitrator's decision in any court having jurisdiction.

20MODIFICATION: BUYER understands and agrees that (a) no modification or waiver of these “TERMS AND CONDITIONS” shall be effective unless made by an authorized representative of SELLER in writing addressed to BUYER and specifically referring to this document; (b) no course of action on the part of SELLER shall be deemed to modify these "TERMS AND CONDITIONS"; and (c) SELLER'S acknowledgment of acceptance of anything in writing from BUYER which is in conflict with these "TERMS AND CONDITIONS" and any subsequent delivery of ARTICLES shall not constitute a modification or waiver of these "TERMS AND CONDITIONS".

LCPP 5600-2 Effective By Date: 25-Feb-2008 Page 1 of 1
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Event Information
Location: Weesp, Netherlands
Started: 20 Feb 2014 5:00 AM PST
Lots closing from: 27 Feb 2014 5:00 AM PST
Closing Type: Block
Contact Details
Contact: Customer Services (EUROPE)
Telephone: +44 (0)207 098 3792
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