Auction Terms & Conditions 13% BUYERS PREMIUM ON ALL ITEMS
By agreeing to the terms of this auction bidders acknowledge that they have read and agreed to Schedule 1 within these terms.
Due to insurance and safety reasons, children under 12 cannot be admitted.
PAYMENT: FULL PAYMENT MUST BE MADE BY 5 PM, WEDNESDAY, JULY 8TH. PAYMENT MUST BE MADE BY ONLINE CREDIT CARD OR WIRE TRANSFER ONLY, NO IN-PERSON PAYMENTS (DUE TO COVID19). AFTER THE AUCTION CLOSES & YOU RECEIVE YOUR EMAILED INVOICE, PLEASE REPLY AND WE WILL CHARGE YOUR CARD ON FILE. TO PAY ONLINE GO TO MURPHYAUCTION.COM CLICK ON THE ONLINE BIDDING DROPDOWN MENU AND GO DOWN TO MAKE PAYMENT.
REMOVAL: CUSTOMERS ARE RESPONSIBLE FOR REMOVING THEIR ITEMS FROM THE AUCTION SITE. ALL ITEMS MUST BE REMOVED NO LATER THAN 4:00 PM, WEDNESDAY, JULY 15TH. REMOVAL HOURS: 8:00 AM - 4:00 PM, THURSDAY, JULY 9TH THROUGH WEDNESDAY, JULY 15TH. NO WEEKEND REMOVAL.
WARRANTY DISCLAIMER: ALL SALES ARE FINAL. All items are being sold "As Is, Where Is," With All Faults and without any warranties as to merchantability of fitness for a particular purpose. The seller/Trustee in bankruptcy, the auctioneer, the manufacturer, the lenders, the advertising coordinator, and any of their agents make no express or implied warranties of any type.
Purchase of Duck vehicles per court order is "as is", and with all alleged or actual faults or defects known or unknown, and without warranties of any kind. The Purchaser, on behalf of themselves and their heirs, agents, representatives, assigns and successors, hereby release and fully discharge the Chapter 7 Trustee (Nancy James), Ride the Ducks International, a Missouri limited liability company ("RTDI"), Ride the Ducks Seattle, a Washington limited liability company ("RTDS"), Boston Duck Tours, Limited Partnership, a Massachusetts limited partnership ("BDT"), Seaweed Incorporated, a Massachusetts corporation, and Sound Community Bank, a Washington banking corporation, and their respective direct or indirect owners, officers, directors, partners, attorneys, agents, representatives, successors and assigns from any and all claims and causes of action -- foreseen and unforeseen, contingent and absolute, known and unknown -- at any time arising out of ownership, maintenance, alteration or use of the Duck vehicles, including but not limited to claims for bodily injury, death, property damage or any other kind of business or personal loss, injury or damage. Some/all of the Duck vehicles are RTDI manufactured. The Purchaser consciously accepts the risk there may be claims unknown to them at the present time, but which are covered by the foregoing releases. The Purchaser and purchaser's successors do not have a license or other conferred right to use, are not entitled to use and agree they will not use directly or indirectly any RTDI Intellectual Property, including, but not limited to the trademarks and service marks of RTDI, whether registered or unregistered, including the marks set forth on the attached Schedule 1. Schedule 1 is part of a Termination Agreement and Intellectual Property agreement between RTDI and RTDS, a complete copy of which will be provided at the time of sale by request to the selling agent (the James G. Murphy Company). Also, a complete copy is available from the bankruptcy docket for RTDS (Dkt. #96). The Purchaser and purchaser's successors do not have a license or other conferred right to use, are not entitled to use and agree they will not use directly or indirectly any BDT Intellectual Property, These agreements shall be enforceable by action for injunctive relief and/or damages.
Complete terms and conditions of sale will be available at the time of sale. All information was obtained from sources deemed reliable. Although every precaution has been taken to ensure accuracy, the principal, the James G. Murphy Co., the advertising coordinator, and all of their agents shall not be responsible for any errors or omissions therein. It is for this reason that we recommend that all items be thoroughly inspected prior to the point of sale.
RIDE THE DUCKS (Int'l Class: 39)
and Design transporting passengers over land and lake by amphibious vehicles
DUCK CENTRAL RN: 2433855
SN: 75463642 (Int'l Class: 39)
conducting sightseeing tour services for others featuring the transportation of passengers over land and lake by amphibious vehicles
LAND & LAKE (Int'l Class: 39)
(Stylized) transporting passengers on scenic tours by amphibious vehicles
QUACK-TASTIC RN: 4245885
SN: 85597299 (Int'l Class: 39)
conducting sightseeing tours by amphibious vehicles over land and water
WACKY (Int'l Class: 28)
QUACKERS duck calls and toy noise makers
Sensory Mark RN: 2484276
SN: 75686528 (Int'l Class: 39)
tour guide services over land and water by amphibious vehicles
Active 32188461v3 241029.000002
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