Special Terms
This is a federal bankruptcy sale.
The chapter 7 trustee (the “Trustee”) for the chapter 7 estate (the “Estate”) of debtors
Adriaan Schiltkamp and Robin Martorelli Schiltkamp (the “Debtors”) is offering for sale all of
the Estate’s interest in the assets consisting of Debtors’ personal property (the “Assets”) located
at 24 West 71st Street, New York, New York 10023 (the “Townhouse”). The sale of the Assets
will be conducted through an online auction (“Online Auction”) that will take place from 9:00
a.m. on January 15, 2018 (New York Time) to 5:00 p.m. on January 25, 2018 (New York Time)
through the Proxibid online auction website (https://www.proxibid.com), pursuant to the Bid
Procedures set forth herein and the Proxibid Unified User Agreement and the Proxibid Privacy
Policy (together, the “Proxibid Terms and Conditions”) available on the Proxibid website
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(https://www.proxibid.com). You may bid on any one or any combination of the Assets or all of
the Assets.
Terms and Conditions of Online Auction Sale
The Online Auction at the Proxibid online auction website (https://www.proxibid.com)
conducted by MYC & Associates, Inc. (“MYC”) for Jil Mazer-Marine, as trustee (“Trustee” or
“Seller”) for the chapter 7 estate (the “Estate”) of debtors Adriaan Schiltkamp and Robin
Martorelli Schiltkamp (the “Debtors”) is subject to the following terms and conditions.
1. ALL SALES ARE FINAL. NO EXCEPTIONS. All bids submitted are
irrevocable.
2. By participating in the Online Auction conducted by MYC through the
Proxibid online auction website (https://www.proxibid.com), each registered bidder agrees to the
Proxibid Unified User Agreement and the Proxibid Privacy Policy (together, the “Proxibid Terms
and Conditions”) which are available on the Proxibid website (https://www.proxibid.com).
3. The Trustee is selling the Assets solely in her capacity as Trustee for the
Estate of the Debtors.
4. The condition of the Assets being offered at the Online Auction varies.
Buyer understands and agrees that any description or sample of the merchandise given or furnished
by MYC is solely for identification, and does not create any warranty, expressed or implied, that
the merchandise actually conforms to such description or sample. Each one of the Assets is being
sold, and being purchased and accepted by the buyer “as is, where is”, “in place” and “with all
faults, known and unknown.” without any representations, covenants, guarantees or warranties of
any kind or nature whatsoever, whether written, oral or implied as to quality, quantity, condition,
FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. Neither the Trustee
nor MYC have performed diligence with respect to the items being sold and make no
representations or warranties respecting the items being sold or the Estate’s right, title and interest
in or to the items being sold. No sale shall be invalidated and the Trustee and MYC shall have no
liability for any mistaken description of any article or lot in a catalogue, advertisement or
otherwise. Any descriptions have been prepared for guide purposes only and shall not be relied
upon by buyer for accuracy or completeness. Buyers shall be deemed to have relied entirely upon
their own inspection and investigations. The items are being sold free and clear of any and all
liens, claims, and encumbrances, with any such liens, claims, and encumbrances with the same
attaching to the purchase price to the same extent, priority and validity as may have existed as of
the petition date in this case. The Trustee is only selling the Assets to the extent that any particular
Asset is property of the Debtors’ Estate and does not constitute exempt property of the Debtors
pursuant to Bankruptcy Code section 522 or other applicable law.
5. Subject to entry of the Sale Order (defined below), all items will be sold to
the highest bidder at the conclusion of the Online Auction on January 18, 2018 at 5:00 p.m. (NY
Time). In the event there is any dispute between two or more claims of entitlement as the
successful bidder, MYC reserves the right to re-auction the item in dispute. MYC shall regulate
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all matters relating to the conduct of the Online Auction and its decision shall be final and binding
on all bidders. MYC shall be entitled to make changes in the composition of the lots or to withdraw
them, up until the last moment before the sale, and refuse bids without having to state the reason,
in which case the previous bidders shall be bound to their bids.
6. Upon payment of the winning bid by the highest bidder, the Estate’s right,
title and interest to the specific item purchased will be sold to the highest bidder. The payment of
the winning bid will be made, by either cash or certified funds, at the time that the highest bidder
picks up the subject item after conclusion of the Online Auction.
7. It shall be a condition to the obligation of MYC and Trustee that the
Bankruptcy Court with jurisdiction over the Debtors’ bankruptcy case shall have entered an order
(or orders) (collectively, the “Sale Order”) authorizing and approving the sale of such Assets free
and clear of liens, encumbrances and interests.
8. If the Trustee is unable to deliver the Estate’s right, title and interest in and
to a specific item, for any reason whatsoever, or if the Trustee determines not to sell the specific
items, the winning bidder shall have no recourse against the Estate, the Trustee, Trustee’s counsel
or any other professionals engaged by the Trustee.
9. Buyers will be charged all applicable taxes unless satisfactory proof of
exemption is provided to MYC prior to any removal of items purchased. If satisfactory proof of
exemption is not provided, the buyer will pay all applicable taxes to MYC. No taxes collected
will be refunded once the purchases have left the site. Proof of exemption is subject to approval
by MYC in its discretion and may include a valid reseller’s permit, a state issued letter of
exemption, or a bill of lading provided by a common carrier for out of state shipments.
10. Any specific announcements made on the website prior to the Online
Auction take precedence over general terms and conditions or those previously announced or
documented in a catalogue or otherwise. MYC reserves the right to correct any mistakes or
typographical errors made by itself or on its behalf in any of its announcements or documents.
11. No checkout will be permitted during the auction sale. All invoices must
be paid in full before merchandise will be released from the premises. Unless MYC determines
otherwise at its sole discretion, checkout will begin on the day following the entry of the Sale
Order. Quantities must be checked before removal of purchases. No allowances will be made for
claims or shortages once items are removed from the premises. Title shall not pass to the buyer
until full payment is received.
12. All property must be paid for and picked up at the Townhouse (unless
otherwise announced by MYC) in the time frames announced by MYC. If not, the merchandise
will be deemed abandoned, the buyer will lose any right, title or interest the buyer may have to
purchase the asset without further notice to the buyer and any deposit will be forfeited. No
purchaser may assign, transfer, or dispose of its rights in any article purchased before it has paid
the purchase price in full. No reselling will be allowed from the premises.
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13. If any applicable conditions are not complied with by the buyer, then, in addition
to any other remedies available to the Trustee, the Trustee may, at her option, (a) hold the buyer
liable for the total purchase price, (b) cancel the sale, retaining all payments made by the buyer,
including any deposit made, as liquidated damages, and/or (c) resell the merchandise at public
auction in which event the buyer will be liable for the cost of removing and reselling the abandoned
merchandise, for any deficiency between the buyer’s original purchase price and the subsequent
resale price, MYC’s commission, interest of 1.5% per month, legal fees, moving and storage fees,
and all other expenses related to the disposal or reselling of the abandoned property. In addition,
the Trustee may retain any merchandise purchased at auction by a defaulting the buyer as collateral
security for the buyer’s obligations to the Trustee.
14. Buyer is solely responsible to provide any personnel, equipment or material needed
to pick up purchases and shall assume all responsibility for the removal of any item of property
purchased at the sale and any and all risks associated with such removal including, without
limitations, the responsibility for providing LICENSED AND BONDED professionals to ensure
proper power disconnection, disassembly, removal and loading, and full financial responsibility
for any damage or liability to persons or property resulting from any negligent act or omission of
the buyer or the buyer’s employees, agents and/or representatives during pick-up and removal.
15. Buyer agrees that in the event purchased merchandise contains any environmental
hazards, toxic waste or other type of hazardous material in any form whatsoever, the buyer shall
provide evidence that the buyer or its representatives are licensed for such removal and shall
comply with all applicable local, state and/or federal rules, laws and regulations. MYC, its agents
and its representatives will not be responsible for containment, storage or removal of such material.
16. Persons in attendance during inspection, sale or removal of merchandise assume all
risks of damage or loss to persons, property, or merchandise, shall exercise proper precautions at
all times for the protection of persons and property, and shall comply with all safety and health
requirements as directed by MYC and all local, state and federal regulations. MYC, its agents, its
employees and representatives shall not be liable by reason of any defect in or about the condition
of the premises on which the auction is held or items are picked up from and each bidder
specifically releases MYC, its agents and representatives from all liability thereof.
17. All risk of loss shall pass to a buyer at the time its bid is accepted and each
successful bidder is responsible to insure items purchased immediately. If MYC is unable to
deliver an article sold to the buyer due to fire, theft, or any other reasons whatsoever occurring
prior to the Online Auction, MYC shall reimburse the buyer for all monies paid to MYC in respect
of such article and MYC or the Trustee shall have no further liability to the such buyer arising
from or relating to such loss, including without limitation any damages for loss of profits.
18. In no event shall MYC or the Trustee’s liability to a buyer exceed the
purchase price actually paid. A buyer’s claim shall be limited to the amount paid for the
merchandise, and shall not extend to any obligation, risk, liability, claim, or remedy for loss of
use, revenue or profit, any liability of such buyer to any third party, personal injury, or any other
direct, indirect, incidental or consequential damages. MYC is acting as an agent only and is not
responsible for the acts of its principals.
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19. Buyer agrees to indemnify, defend and hold harmless the Trustee and/or MYC and
its agents and representatives, from any and all demands, claims, losses, damages and liabilities
(including attorneys’ fees) asserted against, resulting to or imposed upon the Trustee and/or MYC
resulting from the negligence of the buyer or its employees, agents and representatives, while in,
at or about the auction premises during inspection, sale or removal of merchandise.
20. This sales transaction shall be governed by and construed in accordance with the
local laws of the State of New York. If any provision of these Terms and Conditions of Online
Auction Sale shall be held invalid, illegal, unenforceable or inoperative, the balance of Terms and
Conditions of Online Auction Sale shall remain in full force and affect as if such provisions had
not been included. These Terms and Conditions of Online Auction Sale with any amendments or
modifications expressly made by MYC or the Trustee at the time of the auction constitute all the
terms and conditions with respect to the sale of articles at this auction. There are no
representations, warranties, terms, conditions, undertakings or collateral agreements except as
herein provided.
21. All buyers acknowledge and accept these Terms and Conditions of Online
Auction Sale included herein.
All items must be removed from premises by February 2, 2018 @ 4:00 p.m.
the auctioneer will reach out to each purchaser to let them know whether or not the Bankruptcy Court approved the sale. Please do not make any arrangements for payment or pickup until you hear from the auctioneer.