S&H Steel Corporation Bankruptcy Online Real Estate and Equipment Auction

PROPERTY IS OFFERED UNDER THE SPECIFIC TERMS PROVIDED. PLEASE READ AND REVIEW THE TERMS THOROUGHLY BEFORE BIDDING ON ANY PROPERTY.

By placing a bid, you accept the terms of this auction and will be held to them as presented and updated. Bids cannot be canceled. These terms create a legally binding contract between you and Taylor Auction & Realty, Inc. The documents presented on the website are part of these terms and conditions. The Terms are per our seller client.

ALL PROPERTY IS SOLD AS IS WHERE IS WITH NO WARRANTY, EXPRESSED, WRITTEN, OR IMPLIED, and ALL SALES ARE FINAL: Taylor Auction & Realty, Inc. has put forth every effort in preparing the catalog for this auction. All information obtained came from the seller or third-party sources. The following information is provided to you as a matter of convenience only.
This online auction automatically approves bids. You may register for the auction and download any related documents.

BIDDER REGISTRATION:
To ensure we have sufficient time to conduct authorizations, we encourage you to register and bid early. Waiting till the last minute to register and become comfortable with the system could negatively affect your bidding. We encourage you to register at least 24 hours before the auction.
To better serve our customers, all bidders must provide their name, address, phone number, and email address so that we can contact them effectively. This ensures clear communication between Taylor Auction & Realty, Inc. and the bidder throughout the transaction. Each bidder's identity will be verified. Bidding rights are provisional; if complete verification is impossible, Taylor Auction & Realty, Inc. reserves the right to reject the registration, and bidding activity will be terminated. Auction company employees may bid on behalf of absentee bidders or at the direction of interested bidders who prefer not to create an online account but wish to participate in the auction. Auction company employees may bid on auction items for personal consumption.

BIDDING PROCEDURES:
Online auctions move quickly! If you are interested in bidding, do so quickly, especially at the close of bidding. The bidding software will notify bidders by email or text when they have been outbid. Bidders may also discover if they have been outbid by refreshing the individual lot information or the entire screen. Due to varying internet connection speeds, please place a maximum bid or continuously monitor the auction as it closes. Sometimes, email or text notifications can be delayed. If you win, you will be notified by email.

MAX BIDS:
Internet bidders who want to ensure their bids are acknowledged should use the Internet bidding feature and leave their maximum bid. The current bid price does not automatically increase to your maximum bid when you reach it. Someone else has to bid to increase the current price, and the computer will automatically bid up to your maximum in the specified increments. Max bids are taken in the order they are placed.

AUCTION END TIMES:
All auctions are timed events and are subject to auto-extend. Online Auctions have an auto-extend feature of 5 minutes. For any bid placed within the final 5 minutes of an auction, the auction ending time will be automatically extended by 5 minutes from the time the bid was placed. The auto-extend feature remains active until no further bids are received within 5 minutes. At the close of the auction, all bidders are encouraged to review the catalog if the auction is extended. All lot(s) will remain open during the extension period.

Staggered Ending: This Auction has a 5-minute extension.  If any lots receive bids, the bidding time will be extended by 5 minutes. This information will be provided on the auction details page.

Extended Bidding:
Our auctions use the Auto-Extend feature. The basic rule is that a bidder must wait at least 5 minutes before reacting to a bid. If a bid is placed within the final 5 minutes for an item, the ending time is automatically extended to allow for a 5-minute reaction time. If another bid is received during that 'extended time,’ the ending time is extended again, if necessary, for five additional minutes for each extension. This process continues and repeats until no more bids are submitted. This 'Auto-Extend' feature makes the bidding process fairer for all bidders and allows them to respond to any last-minute bid(s). Items are Auto-extended ONLY if a bid is placed within 5 minutes of the scheduled closing time.

Personal Property Terms
A 13 % buyer's premium and applicable sales tax apply to all personal property lots sold in this auction. (See payment paragraph below). The hammer bid, the buyer's premium, and applicable sales tax will establish the final price. (3% discount for CASH, CHECK, CASHIER'S CHECK, ZELLE, ACH, OR VENMO) and applicable sales tax. The hammer bid, buyer's premium, and applicable sales tax will determine the final price. Buyer premium details are on the Auction details page and above the auction catalog. 

Taylor Auction & Realty, Inc. may attempt to describe the merchandise in advertising, on the Internet, and at the auction, but makes no representations. Printed statements or descriptions by staff are provided in good faith and are matters of opinion. In no event shall Taylor Auction & Realty, Inc. be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value. Bidders who bid from off-site understand and acknowledge that they cannot inspect and examine an item in person. Taylor Auction & Realty, Inc. will not be responsible for any errors or omissions in the merchandise description. The Bidder agrees that all items are sold as is and that they may not return any purchased item.

INVOICES: Winning/high bidders are notified by email when all auction items have closed. Bidders are responsible for checking their email to receive notification that they have won a lot(s).

PAYMENT and REMOVAL TERMS:
Photo Identification: Registered buyers must present their photo identification if they are unknown to our staff. The successful registered bidder must pay for all purchases. The buyer’s credit cards must have been issued in the buyer's name or to the business the bidder registered to represent at the auction. Credit card payments must match exactly to be accepted. Electronic bank transfers for the final purchase cost must originate from an account of the registered buyer or the business the buyer represents. The transfer must include the bidder number and the invoice number.

If you are picking up at the location site, a check or cash is preferred at removal. All accounts must be settled within the timeline noted for payment and removal dates. We accept payment by Cashier's Checks, Wire transfer, Visa, American Express, MasterCard, Discover, Venmo, and Zelle.  All lots sold in this auction are subject to a 13% buyer's premium (3% Discount for CASH, CHECK, CASHIER’S CHECK, ZELLE, ACH, OR VENMO). The hammer bid, buyer's premium, and applicable sales tax will determine the final price.  Applicable SALES TAX is CHARGED to the Gross Amount. Resale Tax Permits are accepted after verification of the permit number, and a copy is provided to auction staff at checkout. Sales tax will not be charged on titled vehicles; that tax is paid at your local tax assessor.  Any bill-of-sale item or trailer is subject to tax.

If you are a farmer, please bring or send your current commercial farmer permit to our office before the end of the auction to receive the reduced tax rate of 1.5%.

Suppose you are an OUT-OF-STATE bidder and are the successful purchaser on a 48-hour drive-out item or a freighted item. In that case, the auction company will assess whether a certificate of interstate sales qualifies for tax abatement. This form is sent to your state, and eventually, you will pay the applicable tax in your state. The Mississippi State Tax Commission requires this form for out-of-state buyers seeking the exemption from Mississippi Sales Tax for only certain qualified items. Again, whether you qualify to use this certificate will be determined by Taylor Auction & Realty, Inc., the seller, in accordance with MDOR instructions. This form is submitted to the Department of Revenue (MDOR), which then sends it to the buyer's home state. Small items are subject to Mississippi Sales Tax.

REMOVAL POLICY:
Please include payment and removal arrangements with Taylor Auction & Realty, Inc. upon receipt of the invoice. Please review the removal dates listed on the auction catalog and details page. Buyers are to satisfy themselves as to conditions before bidding. At removal, the buyers will need to verify with the staff the lot purchased in the presence of a Taylor Auction & Realty, Inc. employee before moving it from the premises. We won't be responsible for any issues found after the item (s) leave the auction location. The Bidder agrees that all items are sold as is and that no returns or refunds will be granted for any item purchased. Taylor Auction & Realty, Inc. will not be held accountable for the buyer's additional expenses, including loading costs, commissions, transportation, and mechanical repair fees.

DEFAULT OF BUYERS: Successful buyers not paying for items at the end of the auction will be considered in default. Such default by the Successful Bidder will result in the Bidder’s liability to both the Seller and Auction Company. Seller shall have the right to (a) declare this contractual agreement canceled and recover total damage for its breach, (b) to elect to affirm this contractual agreement and enforce its specific performance, or (c) Seller can resell the items either publicly or privately with Taylor Auction and Realty, Inc. and in such an event, the Buyer shall be liable for payment of any deficiency realized from the second sale plus all costs, including, but not limited to the holding/transporting/storage costs of the items, the expenses of both sales, legal and incidental damages of both the Seller and Taylor Auction and Realty, Inc., Inc. In addition, Taylor Auction and Realty, Inc. also reserves the right to recover any damages separately from the Buyer's breach. The purchaser agrees to pay all reasonable attorney fees and costs incurred by Taylor Auction and Realty, Inc. in the collection of funds. Taylor Auction and Realty, Inc. reserves the right to refuse bidding privileges to any person(s).

DECLINED CREDIT CARDS or RETURNED CHECKS:
Any bidders with credit cards declined on reconciliation day or who write us an insufficient check are banned from our system.

RETURN CHECK POLICY
If Taylor Auction & Realty, Inc. receives a returned check, the buyer agrees to pay a $30 returned check fee. The buyer will either agree to pay the entire amount of the returned check, plus $30, by certified funds, or return the merchandise. If the buyer returns the merchandise, they are responsible for paying a commission for selling the merchandise, paying the difference in the amount owed after it is sold, and any other expenses incurred from the resale. If the buyer defrauds Taylor Auction & Realty, Inc. with a defaulted check and still possesses the merchandise, Taylor Auction & Realty, Inc. will seek proper legal means to prosecute to the fullest extent for punitive and compensatory damages.

Our staff is limited. Therefore, when purchasing large items, please bring sufficient assistance. Taylor Auction & Realty, Inc. does not participate in removal assistance, only provides location services, and is not responsible for any accidents. However, the Auction Company assumes no responsibility for the removal of the buyer’s items, and the buyer holds the Auction Company harmless for any loading assistance. Items left are at the buyer's risk and responsibility.

CARRIER SERVICES: Taylor Auction & Realty, Inc. will assist the buyer’s carrier with freight services. The buyer must inform the auction firm of freight arrangements.

Shipping on smaller items: The auction company can arrange packing and shipping through the United States Postal Service or United Parcel Service. The buyer is responsible for packing and shipping costs, including postage, handling, and any other charges. Oversized items shipped by a professional shipping company may increase shipping costs. Also, all items are insured for the purchase price. If we need to transport the item to an experienced shipper, we will charge the buyer an additional fee to cover our time, travel, and handling costs. For practical purposes, both parties should consider having the purchaser physically remove oversized items rather than ship them, given the increased cost.

MISSING ITEMS PROBLEMS REGARDING ITEMS SHIPPED:
We document the contents of each package. We are not responsible for missing items. If we have missed an item in your shipment, our documentation will show that. Please notify us within two business days of receiving the package if you believe anything is missing or damaged. If our documentation indicates that it was not packed, we will forward it immediately at our expense. We are not responsible for boxes opened by anyone other than the owner. Please check the entire box and packaging for contents. DO NOT discard the original shipping box and packaging if something is missing. Additionally, if you encounter any issues with an item you receive, please notify us within two business days of accepting the package so we can address the matter. No claim is responded to after two days.

ITEMS NOT REMOVED:
For any item not picked up on the designated day(s) for removal, your credit card will be automatically charged for the invoice amount, plus any applicable storage and handling fees. If your credit card is not processed and you refuse to honor your bid, you will be blocked from the system. If you cannot make the removal dates, please inform us at (662-226-2080), and we will work with you if possible. However, this auction has strict removal dates. If the buyer fails to collect items or make timely payments for merchandise, they will be blocked from all MarkNet auctions. This includes all auction companies that are part of the MarknetAlliance Organization (www.marknetalliance.com). This means you will not be able to bid on any online auctions run by auction companies associated with Marknet Alliance.
If any items are paid for but not removed from the auction location within the established removal time, Taylor Auction & Realty, Inc. has no further obligations to the purchaser who did not meet the removal terms. Items are left at the discretion of the winning buyer/purchaser, and Taylor Auction & Realty, Inc. bears no responsibility for items remaining at the location after specified removal dates.

Liability Waiver and Release: By agreeing to these terms and bidding on this auction, you voluntarily release, indemnify, defend, and hold Taylor Auction & Realty, Inc. and Seller and their respective agents and employees (each a “Released Party”) from any liabilities, claims, losses, causes of action or expense of any kind, including reasonable attorneys’ fees, resulting from a Released Party’s negligent act or omission, arising out of my participation in and presence whether related to bodily injury, infection due to COVID-19 virus or other diseases, property damage, or any other form of injury or loss regarding
INSPECTION DAYS, PAYMENT, AND REMOVAL DAYS of my physical items purchased at the auction location.

Real Estate Terms

A 10 % buyer's premium applies to the real estate auction. The hammer bid and the buyer's premium will establish the total contract price.
Before bidding on the real estate, please print " Working with a Real Estate Broker from the Documents Section, before you bid, and the Non-Agency Buyer Agreement. After printing and reviewing, please acknowledge acknowledgment of non-representation by your signature above the Customer line. Please email [email protected] or fax to 1.662.227.1653. If you need assistance with these forms, please call us at 1.662.226.2080.

Please look over the property you'd like to purchase before THE ONLINE AUCTION. No sale will be contingent upon a property inspection by the successful bidder, nor is the sale contingent upon the Buyer obtaining financing. You are expected to pre-qualify yourself with a lender before the auction. Printed statements or descriptions by staff or the seller are provided in good faith and are matters of opinion. Bidders must conduct and rely solely upon their investigations and inspections regarding the condition and feasibility of the bidder’s intended use. The real property is being sold as-is, with no warranties or guarantees. Please review all information supplied and seek appropriate assistance before bidding at the auction.

Inspection and Appointment for Real Estate: Please call our office at 662.226.2080

Offering: The real estate is being offered as a whole.
A 10%  Buyer's Premium will be added to your final bid to equal the contract price. The hammer bid and the buyer’s premium establish the final price.

Buyer's Premium example:
Bid price ($100,000.00) + 10% Buyer's Premium ($ 10,000.00) = Total Contract price ($ 110,000.00)
BUYER'S PREMIUM: Purchaser agrees to pay a premium of 10% of the bid price upon closing, equal to the agreed-upon commission between Seller, Agent, and Purchaser. Purchaser recognizes and agrees that the 10% premium paid as the commission for this transaction does not constitute purchaser representation.

CLOSING TIME on REAL ESTATE:
Given the time being of the essence, this contract shall be closed as soon as possible within 30 days. The seller will pay for the preparation of the deed of conveyance and any past-due real estate taxes. All other closing costs, i.e., survey fees, title work, and other fees associated with the closing, are the buyer's responsibility.

CLOSING LOCATION AGENT:
The closing agent/location will be provided no later than ten (10) days after the auction.

TAXES:
The seller will pay 2025 Taxes at closing. The seller will pay any prior year's taxes.

POSSESSION:
Purchaser shall receive possession of the property at closing.

ACREAGE AND AERIAL PHOTOS: Parcel Dimensions and acreages are based on legal descriptions but are not guaranteed.

 BIDDER BROKER PARTICIPATION: A Bidder Broker Participation Form is available if you use a broker for bidding assistance. Please call our office for the form.

RESTRICTIONS:
Property restrictions are subject to all applicable laws, ordinances, and regulations of the City, County, and State of Mississippi. The property is selling with all easements of record. The owner warrants good merchantable title to the real estate and will convey the same with a deed, free from all encumbrances, liens, or judgments at closing.

SPECIAL INSTRUCTIONS:
Any special instructions must be written on the sales contract today. The complete terms and conditions will be provided before auction day and specified in the Contract for the Sale and Purchase of Real Estate.

AUCTION CONTRACTS:
At the close of the auction, if the seller accepts the bid, the bidders will be emailed a contract to be executed and returned to Taylor Auction & Realty, Inc. Successful bidders will deposit 10% of the contract price per property in the form of cashier's check or wire transfer to Taylor Auction & Realty, Inc. within 24 hours of contract ratification by the seller. The remaining balance is due in full at closing. The purchaser will be responsible for all wire transfer fees. You will be closing on the property on which you are the successful bidder in the final manner you bid at the auction.

AUCTION BID DEFAULT:
A successful bidder not executing and returning the contract with an earnest money deposit within 24 hours of the conclusion of the auction will be considered in default if a winning bidder fails to submit the signed Contract for the Sale and Purchase of Real Estate and 10% of the High Bid Price as an earnest money deposit. In that case, the winning bidder will be charged a $1,000.00 penalty fee to the credit card provided at auction registration. Additional default remedies are reserved by Taylor Auction & Realty, Inc. and the Seller as provided in the Auction Terms and Conditions and the Contract for Sale of Real Estate. Taylor Auction & Realty, Inc. reserves the right to sell to the second-highest bidder if the successful high bidder does not comply with the terms of the sale.

LIQUIDATED DAMAGES:
If the buyer fails to close within the stated time frame on the contract and the seller has not granted a written extension, the buyer will forfeit the entire 10% escrow deposit. If such action occurs, Taylor Auction & Realty, Inc. reserves the right to disperse the deposit as stated in the listing agreement, and the buyer shall have no claim to such money or the property being sold. Liquidated damages cover the auction costs, including the seller's costs, labor expenses, and any additional auction-related costs not specified in this agreement.

Taylor Auction & Realty, Inc.'s INVOLVEMENT IN THIS CONTRACT:
Taylor Auction & Realty, Inc. is the seller's agent, and their fiduciary duties of loyalty and faithfulness are owed to their client (the seller). Taylor Auction & Realty, Inc. is not a buyer's agent. TAR reserves the right to remove or cancel the bids, bidding rights, and privileges of any party deemed not in the seller's best interest. Taylor Auction & Realty, Inc. reserves the right to cancel the auction. The seller and buyer agree that Taylor Auction & Realty, Inc. is a party to this contract and shall receive compensation as stated in the agreement hereto or as stated in the listing agreement, which is hereby incorporated into this agreement. Auctioneer has the right to sell this Property in any form or fashion that is legal and ethical to produce the best offer to the Seller.

BROWSER INFORMATION: Google Chrome and Mozilla Firefox are the preferred Internet browsers for our bidding platforms. As Microsoft is phasing out support for Internet Explorer 8, 9, and 10, bidders may encounter issues with Internet Explorer when using our website.

SERVER & SOFTWARE TECHNICAL ISSUES:
If technical difficulties arise with the server, software, or other online auction technologies, Taylor Auction & Realty, Inc. reserves the right to lower the starting bids, extend the bidding period, continue bidding, or close bidding. NEITHER THE COMPANY PROVIDING THE SOFTWARE nor Taylor Auction & Realty, Inc. SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON. Email notifications will be sent to registered bidders with updated information deemed necessary by Taylor Auction & Realty, Inc.

Hold Harmless: Buyer and or bidder agree that Taylor Auction and Realty, Inc. is a representative of the Seller and agrees to hold harmless and indemnify Taylor Auction & Realty, Inc. and its Agents, Owner, Directors, Employees, and its Representatives from any claims, demands, expenses, damages which bidder/buyer may claim on account of or any way growing out of the said auction and to look solely to the Seller for any remedy demanded.

SOLE AND EXCLUSIVE VENUE & JURISDICTION OF ALL DISPUTES: Any claims, including debt collection and all other disputes of any kind, nature, or character whatsoever arising from this auction sale shall be brought to the appropriate court of Grenada County, Mississippi, and shall be governed by the laws of the State of Mississippi; Seller, Bidder, and Buyer each individually and collectively by participating in the Auction conducted by Taylor Auction and Realty, Inc. do at this moment irrevocably agree to submit themselves and any claims to the jurisdiction and venue of the courts of Grenada County, Mississippi, and the laws of the State of Mississippi, which shall be the sole venue and jurisdiction for the resolution of any claims between them and Taylor Auction and Realty, Inc. regardless of the nature or location of the property sold/purchased or the physical location of the Auction.

Bidder Acknowledgment: Bidder acknowledges that no relationship of any nature or type, agent, employee, independent contractor, or otherwise is created between bidder and auctioneer, affiliated auction companies, affiliated software companies, and any servant, agent, or employee of the same by bidder’s participation in this auction. The bidder acknowledges and agrees that the Auctioneer is acting solely as the seller's agent in this auction. Disclaimer of warranties: There are no understandings, agreements, representations, or warranties, express or implied, not specified herein, respecting this contract or the item or property sold hereunder, including but not limited to the merchantability or fitness for a particular purpose.

Bidder Responsibilities: Bidder responsibilities include, but are not limited to, the following: Bidders agree to keep their username and password confidential and are responsible for any activity involving their account. You must obey local, state, and federal laws when using the website. Violations will result in the termination of website use privileges. Auction company employees and the Auction Company may bid on the auction on behalf of absentee bidders or at the direction of interested bidders.

Guaranty Agreement for bidding by a business entity: By submitting a bid in the name of a business entity or corporation, the individual submitting the bid enters into a guaranty agreement, in which they guarantee payment of the earnest money to Taylor Auction & Realty, Inc. and the completion of the transaction.
Reasonable Accommodation: Taylor Auction & Realty, Inc. is an employer and professional service organization that has no intention of discriminating based on disability or any other legally protected basis. We are an affirmative action, equal opportunity employer and service provider. Our decisions are made without regard to race, color, religion, sex, disability, sexual orientation, gender identity, national origin, veteran status, or genetic information. Accommodations are made regarding hiring employees or assisting clients or customers regarding our services, unless the accommodation would impose an undue hardship.
Requests for reasonable accommodations should be directed to Ruthie Taylor @ [email protected].
By bidding on any item, the bidder acknowledges acceptance of the auction terms and conditions.

I appreciate your interest in this auction.
Benny Taylor CAI AARE CAGA
Taylor Auction & Realty, Inc.

INFORMATION IS SUBJECT TO CHANGE: Announcements in updated terms posted on the website will take precedence over any previously viewed terms at registrations, previous material, or other oral statements. Please periodically review the terms for any changes.