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OS BK GT Advanced Technologies 6
Date & Time: 113015 11:00AM Arizona Time
Location: Mesa, Arizona Location: 3740 S. Signal Butte Rd. Mesa, Arizona 85212
Terms: This auction is conducted by Cunningham & Associates, Inc. (C&A) in cooperation with, LLC.

NOTE: Unusual closing time for this auction - Monday November 30, this auction will start to close at 11:00AM Arizona time at a rate of 5 items per minute.

NOTE: This will be the final bankruptcy auction at this facility. The Court will be approving the sale on December 1. Payment and Load Out for this auction will be at the GTAT site Thursday December 3 - Friday December 4. Payment Deadline is Friday the 4th at 3PM Arizona Time. Load out will continue through the following week.

Auction Terms and Conditions:

BANKRUPTCY: This auction is ordered by the U.S. Bankruptcy Court. Sale is subject to Trustee/Debtor in Possession approval.

REGISTRATION: All bidders are required to register and provide the necessary information requested. A major credit card is required to bid online. A $250.00 authorization will be placed on the bidder’s credit card account to verify identity and ability to pay. Said hold will be reversed within 48 hours of the end of the auction if not a successful bidder with regard to items. If you are a successful bidder, the hold will remain until payment has been made in full. Bidders are responsible for all purchases made with his/her number, whether by the registered bidder or by anyone he/she might allow to use their number. Bidders acknowledge and agree that they have read and fully understand the Terms and Conditions of this Auction, and agree to be bound thereby

TERMS: All purchases require PAYMENT-IN-FULL prior to removal and before 2:00 pm Arizona time on Tuesday September 1st. CASH, CASHIER’S CHECK, or WIRE TRANSFERS accepted.


SALES TAX: Unless an Arizona tax resale license is provided at time of payment, the purchaser will be required to pay the combined Arizona State and local sales tax totaling 8.3%. Out-of-state purchasers will not be charged sales tax if the items are shipped to the bidder’s out of state location by the bidder. Proof of out-of-state residency must be provided.

EXPENSES: Each bidder shall bear his/her own costs and expenses in connection with the Auction, whether or not a sale is ultimately consummated.

DEFAULT: In the event the winning bidder with respect to a particular item or items fails to consummate the proposed transaction within 5 days of the auction, the bidder will forfeit his/her deposit. In default, the second highest bidder may be given the option to become the successful bidder at his/her last bid. The bidder in default will be responsible for the difference in the bids, or the entire amount of his/her bid should the second highest bidder not take the option to become the successful bidder. A service charge of 1-1/2% per month, 18% APR, will be added to all overdue accounts. C&A and GTAT reserve the right to pursue all available remedies against a bidder in default. The bidder in default is also liable for all legal and collection fees.

NO WARRANTY: Everything in this auction is being sold “AS IS – WHERE IS” to the highest bidder, without warranty or guarantee of any kind. ALL SALES ARE FINAL. There is no warranty relating to title, possession, quiet enjoyment or the like in this disposition. Neither C&A nor GTAT is responsible for missing or broken items after the auction has ended, ABSOLUTELY NO REFUNDS.

CONDITION OF ITEMS SOLD: C&A shall not be responsible for the correct description, authenticity of, or defect in any lot, and makes no warranty in connection therewith. No allowance will be made or sale set aside on account of any incorrectness, error in cataloging, or any imperfection not noted. No deduction will be allowed on damaged articles as all goods being exposed for public exhibition are sold “as is” and without recourse.

SALES LIST: The sales list is furnished by C&A as a guide only. No guarantee as to the accuracy or description is made. C&A reserves the right to withdraw from the sale any property listed and also to add property not listed to the sale at any time before the sale is consummated. C&A reserves the right to sell the property listed in bulk.

REMOVAL: All items require PAYMENT-IN-FULL and an authorized receipt prior to removal. Items that do not require rigging must be removed from the premises by 4:00 PM September 2nd. Larger items that require rigging or special equipment must be scheduled by appointment and the rigging company approved by GTAT must be used; and removal shall be at the expense, liability and risk of the purchaser. C&A associates will assist in finding your assets for load-out. C&A associates may help you load your assets although it is YOUR responsibility to bring your own assistance to load-out the items you have purchased. It is a courtesy to help you load out, ONLY if time permits. Our personnel are not required to help you load-out.

STORAGE FEES: A $15.00 storage fee per lot will be charged per day if the items are not picked up by the designated times. Storage fees must be paid prior to removal of the items. NOTE: even if items are paid in full but not picked up within 10 days of the designated time, the items will be deemed abandoned and will become the property of GTAT and no refund shall be provided.

SHIPPING: Bidders are responsible for the shipping of all items purchased. There will be ONE RIGGING COMPANY available for rigging of all machinery and large equipment. There is a general contractor that has be assigned by GTAT and they will be doing all of the break down of electrical and mechanical for all machinery and equipment. The Buyer will be responsible for the costs associated with these activities. The cost of break down and moving the machinery to the loading dock will be shown in the description of each machine. This cost will be added to the price of each machine and is not negotiable. Coordination of removal of the machinery will be between the BUYER, the rigger and C&A and will be on a scheduled basis. GTAT will have ONE FORKLIFT and FORKLIFT OPERATOR available for moving smaller items; the FORKLIFT will only be operated by GTAT personnel and this service will be scheduled through C&A. Please contact or 888-777-9888 for load out scheduling or questions.

FOREIGN BUYERS – SHIPPING – ADDITIONAL TERMS: Foreign buyers must contract with a U.S. transfer agent to handle customs. C&A will sell the assets to the transfer agent of the bidder’s choice, the transfer agent will then complete any forms required by the US Census Bureau or US Customs Service. GTAT will not be Exporter of Record.
Each bidder acknowledges that the assets are subject to U.S. export control and trade sanctions laws, rules and regulations. Each bidder hereby represents, warrants, and agrees to comply with all applicable export control and trade sanctions laws, rules and regulations, including but not limited to the U.S. Export Administration Regulations, the U.S. International Traffic in Arms Regulations, and trade sanctions laws administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (collectively, “Trade Restrictions”).
Each bidder hereby represents, warrants, and agrees that neither it nor any of its affiliates, directly or indirectly, will engage in, or will aid, assist, or permit any other person to engage in, except in full compliance with applicable Trade Restrictions including obtaining any required licenses or authorizations from U.S. government authorities, any activity involving the use, export or transfer of the assets in a manner that would be in violation of the Trade Restrictions, including but not limited to the following:
(i) Use of the assets for the design, development, production, stockpiling or use of chemical or biological weapons;
(ii) Use of the assets for the design, development, production or use of missiles or nuclear weapons;
(iii) Transfer (within country), export or re-export of assets to persons or entities included on any restricted parties lists maintained by the U.S. government, including those maintained by the U.S. Departments of Commerce, Treasury and State;
(iv) Export or re-export of the assets to any country subject to U.S. trade sanctions; or

(v) Use of the assets for the purpose of manufacturing or creating “defense articles” or for providing “defense services” as those terms are defined in the U.S. International Traffic in Arms Regulations.

Each bidder agrees not to do anything which would cause GTAT Corporation to be in breach of applicable Trade Restrictions.

PERSONAL AND PROPERTY RISK: Persons attending the auction preview, during exhibition, or at the time of removal of purchases assume all risks of damage of or loss to person or property and specifically release C&A from liability therefor. Neither C&A nor its principal(s) nor GTAT shall be liable by reason of any defect in, or condition of, the premises at which the preview or sale is held.

DISPUTE BETWEEN BIDDERS: If any dispute between bidders occurs, C&A may decide to put the lot up for sale again. C&A’s decision is final and absolute.


RECORD: The record of sale that is kept by C&A or its clerk shall be binding and determinant in the event of a dispute.

Bid increments will be as follows:

Increment = CURRENT BID
$1 = 1-10
$5 = 10-50
$10 = 50-200
$25 = 200-500
$50 = 500-1,000
$100 = 1,000-5,000
$250 = 5,000-10,000
$500 = 10,000-50,000
$1,000 = 50,000-100,000
$2,500 = 100,000-300,000
$10,000 = 300,000-1,000,000

Contact:, LLC
PO Box 67087
Phoenix AZ AZ 85082-7087
Phone: Phone: 888-777-9888
Fax: 602-595-6813
Email Web-page
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