Borriello Brothers - Fountain

On behalf of the Colorado Department of Revenue, all physical assets at this location will be sold at LIVE auction on Friday, March 8, 2019, beginning at 8:30am. Limited Preview will be available at 8:00am prior to the start of the sale.

Boriello Brothers - Fountain

Full Restaurant Liquidation, including Pizza Oven, Fryer, Stainless Steel Tables / Work Stations / Shelving, Six Burner Stove, Metro-Style Racks, Computers, Electronics, Tables, Chairs, NY-themed Decor and much more! 

Schur Success Group has been selected by the Colorado Department of Revenue to liquidate 3 locations of Borriello Brothers New York Pizza to satisfy an unmet tax lein. This auction is subject to cancellation by the Colorado Department of Revenue at any time.
Borriello Brothers / DOR auction


Preview, Sale and Removal Dates/Times

NO EXCEPTIONS.
There are consequences for not removing purchases in the posted timelines.


8th Street (229 S. 8th Street, 80905)
  • Preview and Registration – THURSDAY, March 7, 8:00-8:30am
  • Sale – THURSDAY, March 7, 8:30am
  • Removal
    • FRIDAY, March 8, 12:30- 4:30pm and
    • SATURDAY, March 9, 1:00-3:00pm BY APPOINTMENT
    • *** Please note – NO removal at this location on Thursday for this location ***
Powers Center (5490 Powers Center Point, #180, 80920)
  • Preview and Registration – THURSDAY, March 7, 1:00-1:30pm
  • Sale – THURSDAY, March 7, 1:30pm
  • Removal
    • THURSDAY, March 7, from the conclusion of the auction until 4:30pm and
    • FRIDAY, March 8, 12:30- 4:30pm and
    • SATURDAY, March 9, 1:00-3:00pm BY APPOINTMENT
Fountain (5180 Fontaine, 80817)
  • Preview and Registration – FRIDAY, March 8, 8:00-8:30am
  • Sale – FRIDAY, March 8, 8:30am
  • Removal
    • FRIDAY, March 8, from the conclusion of the auction until 4:30pm and
    • SATURDAY, March 9, 1:00-3:00 pm BY APPOINTMENT
General Terms & Conditions

These Terms and Conditions constitute a CONTRACT between you, the bidder, and us, the Auctioneer. Do not submit any bids unless you understand and agree to ALL of the terms of this contract.

United Country – Schur Success Realty & Auction, Schur Success Auction & Appraisal, Schur Succes and Schur Success Group shall be known individually and collectively as “Auctioneers”, or “Auction Firm”. All bidders must be 18 years of age or older and provide identification as verification upon request. All bidders and others attending this auction agree that they have read these terms and agree to be bound by and abide by these terms thereby. Bidder and his or her agents and employees agree to assume all risks of damage to person or property.


Bidder and his or her agents and employees specifically release and forever indemnify Auctioneer, its employees, agents, and assigns, from any liability and causes of action. All property is sold “as is, where is” without any warranty or guarantee, expressed or implied. ALL SALES ARE FINAL. THERE ARE NO REFUNDS, EXCHANGES or REFUSALS. All computer equipment and computers are sold as “hardware only”. Unless specifically indicated, software is NOT included with any computer.

As the highest bidder, you are the buyer and are bound by the terms and conditions of this agreement and sale. The BUYER assumes full responsibility for the safety and security of any item purchased AT THE TIME IT IS SOLD. However, title/ownership will not transfer until payment clears and posts. Though we will do our best to maintain security of the items, there will be no refunds for stolen or missing items once the Auctioneer announces “sold”.

The Auctioneer is acting solely as an agent for the Seller. The Auctioneer shall assume no liability for representations made, or information provided, by the Seller. The Seller reserves the right to accept or reject any or all bids. This is a Public Auction and as such, all qualified bidders may bid, including Schur Success owners, family members and employees.

Bidders are encouraged to inspect all items before bidding. Public inspection & preview information is posted on our website for each sale. By placing a bid, Bidder acknowledges that her or she has inspected the items to his or her satisfaction or chooses to not examine them at his or her sole risk.


Bid cards and bidder registration numbers are issued solely to individuals and are not transferable. Others are not authorized to use your bidder registration. Should you allow others to bid under your number, you will be fully responsible for all bids they make as though you made them yourself.

The sale price recorded by the auction clerk on his or her record sheets, either on paper or electronically, takes priority over all other records and shall be the official sale price of the item sold. Removal of any and all items shall be at the expense, liability and risk of the Buyer. All property must be removed within the time period announced by the Auctioneer for each auction.

Property not removed within the announced time period will revert to the Seller for resale or disposal, without refund or recourse to the Bidder. Property not removed shall be considered abandoned to the Seller and no refunds shall be issued. The Seller, at his or her discretion, may chose to have unclaimed items removed or disposed of at the expense of the Bidder who failed to collect the items. By participating in this auction, you agree to pay the removal costs of any unclaimed items that you won in the auction.

Announcements made at the time of the sale take precedence over conflicting announcements or postings. The Auctioneer reserves the right to determine bidding increments at his or her discretion and may reject a nominal or fractional bid. The Seller and the Auctioneer reserve the right to withdraw items from sale before or during the auction without prior notice.

Persons attending the auction during preview or inspection period, the auction, or during the removal period assume all risks of damage, injury, or loss to their person and or property, and release the Auctioneer and the Auction Firm from liability thereof. Neither the Auction Firm nor its principals shall be liable for any defect in or condition of premises on which the auction is held. The Auction Firm is acting solely as the agent for the Seller and is not responsible for any acts or omissions of its principals. Should any litigation or mediation be commenced between the parties to this agreement, concerning this agreement or the associated auction, the Bidder / Buyer agrees that the court shall award the prevailing party all reasonable costs and expenses, including reasonable attorney's fees.

The Bidder / Buyer agrees to reimburse the Auctioneer for all expenses incurred in the collection of any unsatisfied debt in conjunction with this auction. Bidder agrees that this agreement shall be governed by the laws of the state of Colorado and hereby grants sole jurisdiction and agrees to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in El Paso County, Colorado. Both parties waive any right to a jury trial and hereby agree to a bench trial before a judge. This agreement shall be governed in all respects by the laws of the State of Colorado. If for any reason, a court of competent jurisdiction finds any part of this agreement to be invalid or unenforceable, that part will be enforced to the maximum extent permissible to affect the original intent of this agreement. If a part is found to be invalid or unenforceable, the remainder of this agreement shall continue in full force and effect. Such invalid or unenforceable part will be deemed severable from the other parts here and will not affect the validity or enforceability of the remaining parts. Any Bidder who fails to perform as required under these terms and conditions may be banned from this or any future auctions.


Colorado Dept. of Revenue (DOR) Auctions

Items sold in a DOR Lien Auction are sold "FREE and CLEAR". Once sold, remaining liens (if any) are canceled. The buyer is obtaining all items free and clear of any liens.

Inventory changes

The Auctioneer reserves the right to add or delete items from the auction at any time without prior notice. Items listed as inventory are subject to change or modification without prior notice.



Payment

Payment is due immediately at the conclusion of the auction at each site. BUYERS MUST PAY BEFORE LEAVING EACH AUCTION SITE!

A 3.5% Buyer’s Premium will be charged to all items.

Cash buyers will be provided a bill of sale and additional paperwork immediately upon payment. The Buyer’s premium will be WAIVED for cash purchases.

Checks will NOT be accepted unless accompanied by an “Irrevocable Letter of Credit” from a recognized bank within Colorado AND approved no less than 24 hours prior to the beginning of the auction. Third-party checks will not be accepted under any circumstances. The Buyer’s Premium will be WAIVED for pre-approved checks.

Visa, MasterCard, Discover, and American Express will be accepted with matching photo identification. By participating in this Auction, Buyers expressly agree that they will not “charge back” or “deny” a credit card purchase. There is a $35 service fee that will be assessed for any credit card that is declined for a purchase. The 3.5% Buyer’s Premium shall apply to all credit card sales.


Wire transfers will be accepted from US banks only and must be completed by the deadline announced at the beginning of the auction. No paperwork will be provided until the payment posts to our account.

Sales Tax

Sales taxes will be assessed based on where the items are physically located. Bidders who wish to claim a sales tax exemption MUST provide a copy of their tax exemption certificate PRIOR to placing any bids. Sales taxes will NOT be credited should the bidder fail to pre-register their exemption.

Suitability / Usability

It is the Bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor of all items. Auctioneer may attempt to describe the merchandise in advertising, on the internet and at the auction but makes no representations. In no event shall Auctioneer be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Auctioneer does not guarantee any appraisals, grading or certifications. If you have any questions about the merchandise, ASK THEM BEFORE BIDDING. Bidders shall be the sole judges of value.

It is Bidder's responsibility to determine if any item is legal where they live. By placing a bid, Bidder acknowledges that her or she has inspected the items to his or her satisfaction or chooses to not examine them at his or her sole risk.


Removal

Removal of all items shall be at the sole risk and expense of the buyer. No assistance will be provided. Buyers must remove items within the time allotted or the items will be considered abandoned to the Seller with no refund or recourse. Buyers must provide their own tools, transportation, labor, rigging, and any necessary preparation to safely remove items won in the bid process.

Buyers are liable for and accept full responsibility for complying with code and regulation in the proper disconnection and capping of all gas, water, sewer, electric, or any other connection at their own expense.

Buyers are liable for and accept full responsibility for any damage caused in the process of removal of any asset, including, but not limited to, damage to walls, floors, drywall, outlets, roofs, ceilings, doorways, parking lots, pavement and sidewalks. The Buyer indemnifies the Auctioneer and Seller for any damages caused by the Buyer, or damages caused to the Buyer’s assets.

Upon demand, Buyers must provide proof of liability insurance to the Auctioneer prior to removal and will be required to sign a separate removal liability document. Failure to complete such document does not relieve the buyer from liability or responsibility.

Bulk Bid Notice

As with all DOR auctions, all assets will first be offered as a single lot, to a single bidder. Once the top bid has been established for this "Bulk Bid", the top bidder will then be given one, and only one opportunity to lock in his/her bid, or increase the bid before being locked in. Once this bid is locked in, it becomes a binding, irrevocable bid. This bid will be announced and posted. The auctioneer will then solicit individual bids on individual items. These bids and sales are binding, only if the total of the individual sales exceeds the bulk bid. If the individual sales total does not exceed the bulk bid, the individual bids become null and void, and the sale will go to the bulk bidder. If, however, the individual bids EXCEED the bulk bid, the Auctioneer will declare the bulk bid null and void, and the individual sales will prevail and become binding. The person who enters the bulk bid may also bid on individual items in case the bulk bid is surpassed. No removal by individual bidders shall take place until and unless the bulk bid is declared void.

If determined by the Dept. of Revenue representative, the auction may declare the bulk bid “valid” at any point he or she feels that additional individual bidding will not surpass the bulk bid or determines that accepting the bulk bid is in the best interest of the Department of Revenue.