Industrial Painting Contractor Surplus (2022)

Address:
1709 Arikara Drive
Beulah, ND 58523

SALES TAX & BUYER FEES...
Buyers Fee is Charged on a Per Auction Per Item Basis.
15% BUYERS FEE ON BIDS $1-$7,499
10% BUYERS FEE ON BIDS $7,500 AND UP

Buyer's Premium Capped at $2,500 Per Item
7% ND Sales Tax Applies
The buyer of any titled item will be responsible for paying sales tax & transferring the title in the city/state which they reside in. Winning Bidders of a Titled Item Must Provide Copy of Driver’s License and Current Insurance Card Before Pickup

PAYMENT & PICKUP INFO...
Friday, August 19th, 2022 - 9:00AM - 6:00PM
Friday, August 20th, 2022 - 9:00AM - 6:00PM

Questions Call Bid-2-Buy at 763-274-0330 or Curt at 612-701-8677 or Landon at 763-360-8655

Starts to end 7:00 PM 3 items every minute, with extended bidding subject on each item.

Please review the following information about our PAYMENT OPTIONS, SHIPPING & CHECKOUT PROCESSES.

CHECKOUT PROCESS - By Appointment Only.
Auction checkout days have been divided into time frames. Following an auction, all winning bidders will receive an email with their invoice. A link in the invoice will instruct them to choose their preferred time frame on checkout day. Each time frame's availability will be limited, and will be filled on a first-come, first-served basis.

Auction Buyer's Premium will vary per auction. Please review payment details on each auction. By placing a bid, you accept all terms.

PAYMENT TERMS...
Cash, Cashier’s Check & Bank Wire only. NO PERSONAL OR BUSINESS CHECKS, NO CREDIT OR DEBIT CARDS
ANY TRANSACTIONS OVER $9,999.00 MUST BE PAID FOR WITH BANK WIRE ONLY.

Please make all Cashier’s Checks payable to "Werner Auction Group Inc./(DBA) BID-2-BUY".
All Checks will be verified by the Financial Institution they were drawn on.


NO Items will be released until entire invoice is paid in full.

As of December 20, 2017, all new bidder registration will need to register a credit card as a form of identification. Your card will be charged $1 to verify and immediately refunded.

PLEASE NOTE:
Invoices go out via email the next day by noon.
The Sellers DO NOT provide transportation or shipping services for buyers to remove their merchandise.
Any and all methods of towing and/or hauling, as well as all other methods or requirements for the removal and transport of the Equipment, is the sole responsibility of the buyer. All items must be picked up at auction address, FOB.
ALL DESCRIPTIONS & CONDITIONS INDICATED ARE DEEMED RELIABLE BUT NOT GUARANTEED. ALL ITEMS ARE SOLD "AS-IS, WHERE-IS". NOT RESPONSIBLE FOR ACCIDENTS.

Bid-2-Buy.com RECOMMENDS ALL BIDDERS Make the Time to VIEW ITEMS BEFORE PLACING BIDS!

Auction ID: 219529

Terms and Conditions

By using our services it is assumed that you have read the guidelines provided here, and are expected to follow them.

Auction Overview and General Disclaimer:

As of December 20, 2017 all new bidder registration will need to register a credit card as a form of identification. Your card will be charged $1 to verify and immediately refunded.

Bid-2-Buy.com is a service for buyers to bid through an online auction format. Bid-2-Buy.com may take action against a registered user for their conduct, and reserve the right to exclude any company or individual from access to our services if we determine their actions to be inappropriate.

The Internet being the fragile environment that it is; Bid-2-Buy.com cannot be held responsible for server down time, or the inability to access our site through a users ISP. Notifications sent by Bid-2-Buy.com via E-mail may possibly take longer than expected, and cannot be counted on to inform you of an item's status. In the event of any problems, we reserve the right to cancel, restart, or extend an item or a complete auction as the circumstances may dictate.

Auction General:

The auction and related services provided by Werner Auction Group Inc. ("bid-2-buy.com") through the Website ("Service" or "Services") and the use of the Website and provision of the Services are governed by these Terms and Conditions (the "Terms and Conditions"). By accessing or using the Services or the Website or by registering as either a buyer or seller ("Buyer", "Seller" or "User"), you agree that (1) you have read the Terms and Conditions, (2) you understand the Terms and Conditions, and (3) you are bound by the Terms and Conditions in your use of the Services and the Website. If you do not agree to the Terms and Conditions, you may not access or use the Services or the Website. If you do not understand the Terms and Conditions, pleasecontact bid-2-buy.comand we will do our best to answer your questions or concerns.

Auction Registration:

All potential bidders must register online at www.bid-2buy.com or at the auction site before you can participate. Live auction events require a valid driver's license or a photo identification. Bid-2-buy.com may, in its sole discretion, deny registration to any person or entity. You must be at least 18 years old to bid on any item. After accepting registration, refusal to permit a person's (or entity's) continuing use of the Services and the Website for any reason is at bid-2-buy.com sole discretion.

Changes to Services, Website and Terms and Conditions:

User acknowledges and agrees that Bid-2-buy.com may change, modify, amend, suspend or discontinue any aspect of the Services or the Website, at any time, without notice and without liability to User or to any third party. Bid-2-buy.com reserves the right to impose limits on certain features of the Services or the Website, at any time, without notice and without liability to User or to any third party. User acknowledges and agrees that Bid-2-buy.com may amend the Terms and Conditions (including fees and transaction rules) at any time without notice. Any amendment of the Terms and Conditions will be reflected on the Website. User is encouraged to periodically review the Terms and Conditions posted on the Website. Use of the Services and the Website constitutes acceptance of the Terms and Conditions, including any amendments.

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Auctions:

Auctions can last up to 30 days but usually 10 to 14 days. Bidding terminates automatically at a predetermined time that will be posted in the Auction Details. All times are Central Standard Time Zone.

ALL of our Auctions will close using an extended bidding format. This feature allows the auction to function like a live auction by extending the time for (3) minutes on any item that has active bidding within the last minute of that item closing. It also allows customers with slower computer connections a fair opportunity to bid; by eliminating the bidders that use computer sniping software to place bids within the last second of an auction out bidding you.

When the auction ends, all winning bidders will be notified by e-mail within 24 hours of auction close. Please wait for your email before contacting Bid-2-buy.com.

If the winning bidder fails to perform within three (3) business days, Bid-2-Buy.com reserves the right to contact the next highest bidder to offer the item to them, and the original high bidder may lose their place as the winning bidder. This does not relieve the original bidder of any obliagtions to Bid-2-buy.com. Non performing Bidder will be liable for any and all losses, attorney's fees, storage, collection costs etc. due to bidder non performance. Bid-2-Buy.com may, in its sole discretion, either accept what it deems to be the final bid or solicit further bids on the item in dispute. All sales are final. No returns or refunds will be permitted, unless authorized by the seller in writing. In the event of any dispute concerning the winning bid price for an asset, the record kept by bid-2-buy.com shall prevail.

Buyer Conduct:

In addition to those other obligations set forth herein, Buyer acknowledges and agrees that by placing a bid on an asset, Buyer represents, warrants and covenants (1) that it shall not misrepresent its ability to close the transaction pursuant to the terms and conditions of sale, and in accordance with these Terms and Conditions, (2) that it has the capacity to close the transaction, (3) that it has actual authority to enter a bid, and to enter into an agreement to purchase the asset, and (4) that any bid that is made on an item constitutes an irrevocable offer to buy the item for the full amount of the bid.

Auction Bidding:

In order to bid in an auction, you must first register with Bid-2-Buy.com. On every item in an auction, a minimum bid and a minimum increase (also called "bid increment") is set by our system. Our software will not accept a bid lower than either the opening bid, or the current bid plus the minimum increment (increase). If an inappropriate bid is placed, a bidder will be notified immediately that their bid was not accepted, and provided with an option to correct the bid. Any current high bidders who are overbid at this time will receive notification by E-mail.

On items with a quantity of one (1), a Maximum Bid may be placed when bidding on an item (this is sometimes called a "proxy bid"). A Maximum Bid is confidential, and will be used by our system to increase your bid automatically in case you are outbid by another user. Our system will only bid high enough to outbid the current high-bidder, according to the minimum bid increment (increase). This can be a very nice feature, because it allows the system to bid on your behalf, so you don't have to constantly monitor an auction.

Bidders shall examine or inspect items prior to the end of the auction. Inspection days are in place for every auction, contact us for special requests.

ALL ITEMS ARE SOLD AS IS, WHERE IS AND WITH ALL FAULTS.

Bid-2-Buy.com makes every attempt to collect and disclose as much information for each item as possible. All information deemed reliable but not guaranteed.

Assets are intended to be sold without software, if any is applicable. In the event that a Seller's software is included in an asset sale, notwithstanding the disclaimers set forth above, Bid-2-buy.com makes no representations or warranties regarding the Buyer's right to use such software, as to the performance of the software, its non-infringement or otherwise.

Bid-2-buy.com relies on information about assets in the auction provided by the seller. Bid-2-buy.com undertakes no investigation of that information, and makes no representation or warranty concerning the truth or completeness of that information. Photographs are provided solely for the bidders' convenience and shall not be construed to create representations or warranties of any kind pertaining to the assets. Buyer acknowledges that it has had the opportunity to inspect all assets prior to tendering its bid and waives any and all claims against Auctioneer and/or seller relating to asset photographs or descriptions.

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Bid-2-buy provides the Services and the Website so that Sellers may offer assets for sale and Buyers may place offers to purchase these assets. Bid-2-buy is not an agent of Buyer or Seller. Bid-2-buy.com does not have the power to transfer title to any assets offered by Sellers. Additionally, bid-2-buy.com makes no representation or warranty of any kind as to the willingness or ability of either Buyer or Seller to complete a sale in Bid-2-buy.com provides the Services and the Website so that Sellers may offer assets for accordance with the Agreement. Buyers and Sellers are solely responsible for independently verifying the background and credit-worthiness of those Users with whom they enter into, or with whom they prospectively will enter into, a transaction, as well as the condition or any description of an asset involved in a prospective transaction.

Auctions may be run with reserve prices. The reserve price is the lowest price the seller is willing to accept for the item. The reserve price is not disclosed to bidders. This feature enables the seller to list their items at a lower starting price without being obligated to sell the item until bidding reaches their reserve level. This is usually done to encourage bidding on an item.

In the event of any dispute regarding any transaction conducted through use of the Services or the Website (a "Dispute"), User hereby releases bid-2-buy, its affiliates and subsidiaries, and their respective directors, officers, employees, agents, shareholders, co-branders, partners, successors and assigns (the "Released Parties"), and each of the foregoing, from any and all manner of action, claim or cause of action or suit, at law or in equity, and from any and all losses, damages, costs or expenses, including without limitation court costs and attorneys' fees, which User may have against the Released Parties, or any of them, known or unknown, disclosed or undisclosed, which arise out of or relate in any way to a Dispute.

Bid-2-buy.com, Affiliates, Partners, or Staffhave the right to bid in any auction on the Bid-2-Buy website.

User Conduct:

User is solely responsible for all conduct and transmissions that take place under its User name and password. Without limiting the foregoing, User represents, warrants and covenants that its use of the Services and the Website shall not:

(a) violate any applicable local, state, national or international law, statute, ordinance, rule or regulation. Without limiting the foregoing, User represents, warrants and covenants that it will not sell or buy any assets that may not be lawfully offered for sale or purchase in the United States and that User will not export from the United States any asset in violation of U.S. law. Certain items offered for sale at an auction may constitute 'Restricted Technology.' Under federal law, such items may not be shipped outside of the United States. Bid-2-buy makes no representation or warranty concerning, and has conducted no investigation to ascertain which items, if any, constitute Restricted Technology;

(b) interfere with or disrupt computer networks connected to the Service or the Website;

(c) impersonate any other person or entity, or make any misrepresentation as to User's employment by or affiliation with any other person or entity;

(d) forge headers or in any manner manipulate identifiers in order to disguise the origin of any User Information;

(e) interfere with or disrupt the use of the Services or the Website by any other User, nor "stalk", threaten, or in any manner harass another User;

(f) upload, post, transmit, publish, or distribute any material or information which contains a computer virus, or other code, files or programs intending in any manner to disrupt or interfere with the functioning of the Services, the Website, or that of other computer systems;

(g) use the Services or the Website in such a manner as to gain unauthorized entry or access to the computer systems of others;

(h) upload, post, transmit, publish or distribute any material or information which constitutes or encourages conduct that would constitute a criminal offense, give rise to other liability, or otherwise violate applicable law;

(i) upload, post, transmit, publish, or distribute any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or racially, ethnically, or otherwise objectionable; or

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(j) reproduce, copy, modify, sell, distribute or otherwise exploit for any commercial purposes the Services or the Website, or any component thereof (including, but not limited to any materials or information accessible through the Website).

Buyer Conduct:

In addition to those other obligations set forth herein, Buyer acknowledges and agrees that by placing a bid on an asset, Buyer represents, warrants and covenants...

(a) that it shall not misrepresent its ability to close the transaction pursuant to the terms and conditions of sale, and in accordance with these Terms and Conditions,

(b) that it has the capacity to close the transaction,

(c) that it has actual authority to enter a bid, and to enter into an agreement to purchase the asset, and

(d) that any bid that it makes on an item constitutes an irrevocable offer to buy the item for the full amount of the bid. Bid-2-buy.com may, in its discretion, offer the assets for sale by the piece or by the lot. In addition, Bid-2-buy.com may augment this auction with assets from various sellers. These assets may be interspersed throughout the auction. The seller has the right to remove assets from the auction either before or after bidding has completed. In the event of a removal after bidding has been completed, the purchaser's sole remedy shall be the refund of any purchase price actually paid. Bid-2-buy will announce any additions to or deletions from the catalog on the day of the auction. Bid-2-buy and the seller assume no responsibility for, and make no representations or warranties concerning, descriptions of assets contained in marketing materials for the auction. It is the bidders' obligation to verify such descriptions prior to the auction. Neither Bid-2-buy.com nor seller shall be liable for any damages of any type or nature (whether in contract, tort or otherwise) sustained or claimed by any bidder or any other person or entity in connection with the auction. Without limiting the foregoing, in no event shall Bid-2-buy.com liability to any bidder for any act or omission occurring in connection with the auction exceed the amount that such bidder has actually paid to Bid-2-buy.com as a deposit or as payment for a purchased item.

Auction Closing and Payment:

Each auction has its own ending time listed on the bidding form. Auctions end automatically at this time. Notifications are sent out to the winning bidders. Bid-2-buy.com may, in its discretion, charge a buyer's premium or other service charge on assets sold. All such charges will be indicated in the relevant auction brochure, or other clearly marked area of the Website. If charged, the buyer's premium shall be a % of the sales price of each asset sold, and shall be collected by Bid-2-buy.com directly from each successful bidder, in addition to the purchase price as bid.

Bid-2-buy.com will announce the removal, or "check-out," period on the day of the auction in the case of a live event. Online auctions will have the details posted on the auction event detail page. Bid-2-buy.com shall have no responsibility to disconnect utilities to the sold asset, including electric, gas, waste and water lines. It is the purchaser's sole responsibility to arrange and pay for the removal and shipment of purchased items. Also, it is the purchaser's responsibility to provide, and/or ensure their agents performing removals on their behalf provide, upon demand, evidence of the following insurance policies with reliable insurance companies, and in the following amounts: $2,000,000 combined single limit, $1,000,000 property damage and $1,000,000 comprehensive general liability with contractual liability in the case of all riggers; and $500,000 cargo and $1,000,000 comprehensive general liability in the case of carriers; and such other insurance as may be required by any governmental authority, including workers' compensation insurance. Removal shall be conducted responsibly and with due care for the seller's premises. The purchaser shall restore and repair all real and personal property that is altered or damaged as a result of the removal of purchased items. If the purchaser does not remove an item within the announced check-out period, Bid-2buy.com and the seller may, in their sole discretion, deem the item to have been abandoned by the purchaser and the purchaser will have no further rights with respect to the item. Notwithstanding the foregoing, Bid-2-buy.com and the seller reserve the right to charge the purchaser for the costs of storage beyond the check-out period.

Bidders acknowledge that an auction site is a potentially dangerous place. Flammable, noxious, corrosive and pressurized substances may be present. Heavy equipment may be operated, and electrical circuits may be live. Every person enters the auction site at his or her own risk with notice of the condition of the premises and the activities that will be or have been conducted on the premises. Bidders shall so advise their agents and employees. No person shall have any claim against Bid-2-buy.com, the seller or their respective agents or employees for any injuries sustained or for damages to or loss of property that may occur at the auction site.

It is the purchaser's sole responsibility to meet all governmental safety and environmental standards in removing, shipping and using purchased items. Certain of the items for sale may contain 'hazardous substances,' as that term is defined under federal, state or local environment laws and regulations. Bid-2-buy.com has no duty to remove any hazardous substances that are contained in or are a part of any item. Purchasers agree to defend (by counsel satisfactory to Bid-2-buy.com and indemnify Bid-2-buy.com and hold Bid-2-buy.com harmless from and against any claim, demand, cause of action, liability or expense (including attorneys' fees and costs) asserted against or incurred by Bid-2-buy.com in connection with the sale, removal, shipment or use of any purchased items.

Accepting Terms:

These Terms and Conditions, and all questions with respect to the interpretation of these Terms and Conditions, shall be governed by and construed in accordance with the internal laws of the State of Minnesota, without regard to conflict of laws provisions. All bidders expressly consent to personal and exclusive jurisdiction in the courts of the State of Minnesota located in Anoka County.

I Have Read, understand and am in agreement with all the Terms & Conditions stated above, and any auction specific terms posted. I am at least 18 years of age and legally able to enter into agreements to purchase under contract.

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      (a) The Secretary of Labor may provide reasonable limitations and may make rules and regulations allowing reasonable variations, tolerances, and exemptions to and from any or all provisions of the Service Contract Labor Standards statute other than 41 U.S.C.6707(f). These will be made only in special circumstances where it has been determined that the limitation, variation, tolerance, or exemption is necessary and proper in the public interest or to avoid the serious impairment of Government business, and is in accord with the remedial purpose of the Service Contract Labor Standards statute to protect prevailing labor standards ( 41 U.S.C.6707(b)). See 29 CFR 4.123 for a listing of administrative exemptions, tolerances, and variations. Requests for limitations, variances, tolerances, and exemptions from the Service Contract Labor Standards statute shall be submitted in writing through contracting channels and the agency labor advisor to the Wage and Hour Administrator.

Before construction begins, the contracting officer shall inform the contractor of the labor standards clauses and wage determination requirements of the contract and of the contractor’s and any subcontractor’s responsibilities under the contract.. (1) If the contracting officer believes a violation exists or upon request of the Department of Labor, the contracting officer must withhold funds from any current Federal contract or Federally assisted contract with the same prime contractor that is subject to either Construction Wage Rate Requirements statute or Contract Work Hours and Safety Standards statute requirements.. (d) Contracts for certain services .-. The contract will include the applicable Service Contract Labor Standards clause(s) as prescribed at 22.1006 and, if the contract will exceed $2,500, the appropriate Department of Labor wage determination (see 22.1007 ).. (e) To obtain the applicable wage determination for each contract action, the contracting officer shall determine the following information concerning the service employees expected to be employed by the contractor and any subcontractors in performing the contract:. If the Department of Labor discovers and determines, whether before or after a contract award, that a contracting officer made an erroneous determination that the Service Contract Labor Standards statute did not apply to a particular acquisition or failed to include an appropriate wage determination in a covered contract, the contracting officer, within 30 days of notification by the Department of Labor, shall include in the contract the clause at 52.222-41 and any applicable wage determination issued by the Administrator.. Insert the clause at 52.222-55 , Minimum Wages for Contractor Workers Under Executive Order 14026, in solicitations and contracts that include the clause at 52.222-6 , Construction Wage Rate Requirements, or 52.222-41 , Service Contract Labor Standards, where work is to be performed, in whole or in part, in the United States.. Insert the clause at 52.222-62 , Paid Sick Leave Under Executive Order 13706, in solicitations and contracts that include the clause at 52.222-6 , Construction Wage Rate Requirements, or 52.222-41 , Service Contract Labor Standards, where work is to be performed, in whole or in part, in the United States (the 50 States and the District of Columbia).

Learn more about applying for a building permit.

A building permit is required for any new building greater than 10m (108 ft.), any addition to an existing building, any material alterations to an existing building that affects the structural design of the building, mechanical, electrical, plumbing services (no limit on the size of building), fire separations, exiting, fire protection systems and the use of buildings or parts thereof.. Submit your signed and completed application, along with your drawings, to ckbes@chatham-kent.ca .. decks greater than 600mm (24 inches) above ground interior structural alterations adding or removing most walls, (i.e., creating different room sizes and/or uses) additions porches basement or main floor walkout alterations sunrooms replacement of brick veneer garages/carports attached or detached garages, sheds replacement of masonry chimney below the roofline dormers or finishing of attic space installation, repair of storm, sanitary and water service finishing a basement or a portion thereof installation of cleanouts conversion from septic to a sanitary sewer plumbing and/or drains (except replacing fixtures) insulating exterior walls when exterior or interior cladding is removed new or structural alterations to windows or doors installation and repairs to sewage systems (septic systems and holding tanks) structural fire damage. installation and repairs to sewage systems (septic systems and holding tanks) change of use (where construction is proposed or the change constitutes an increase in hazard) plumbing installation and alterations, except replacement of fixtures interior renovations within a floor area affecting fire separations, exits or structural capacity interior finishing of shell buildings for tenants (i.e. occupancies in commercial or industrial malls and office buildings, etc.). Note: Although a building permit may not be required, you must still comply with the requirements of the Zoning By-law, Ontario Building Code requirements and obtain a permit from the Conservation Authority if applicable:. Step 2: Submit your Application. If the application complies, the permit can be approved and issued by the Building Official.. Please ensure that the necessary information is submitted so that there are no delays in the issuing of your permit.. *The building inspector may contact you throughout the process if additional information is needed*. You may also be required to submit a damage deposit that could cover potential damage to municipal property and ensure that required inspections are completed as it is refunded after the completion of the project.. Step 5: Inspections & Completion. During each major phase of construction, the Building Official (Inspector) must inspect the project to ensure that the work conforms to the approved plans.

Full text of the Civil Code of the Philippines [Republic Act No. 386]. Featured on the World Wide Web by The Law Firm of Chan Robles & Associates - Philippines.

(d) An agreement for the sale of goods, chattels or things in action, at a price not less than five hundred pesos, unless the buyer accept and receive part of such goods and chattels, or the evidences, or some of them, of such things in action or pay at the time some part of the purchase money; but when a sale is made by auction and entry is made by the auctioneer in his sales book, at the time of the sale, of the amount and kind of property sold, terms of sale, price, names of the purchasers and person on whose account the sale is made, it is a sufficient memorandum;. (1) A partner, subject to the provisions of this Title and to any agreement between the partners, has an equal right with his partners to possess specific partnership property for partnership purposes; but he has no right to possess such property for any other purpose without the consent of his partners;(2) A partner's right in specific partnership property is not assignable except in connection with the assignment of rights of all the partners in the same property;. Without prejudice to the preferred rights of partnership creditors under Article 1827, on due application to a competent court by any judgment creditor of a partner, the court which entered the judgment, or any other court, may charge the interest of the debtor partner with payment of the unsatisfied amount of such judgment debt with interest thereon; and may then or later appoint a receiver of his share of the profits, and of any other money due or to fall due to him in respect of the partnership, and make all other orders, directions, accounts and inquiries which the debtor partner might have made, or which the circumstances of the case may require.. Where title to real property is in the partnership name, any partner may convey title to such property by a conveyance executed in the partnership name; but the partnership may recover such property unless the partner's act binds the partnership under the provisions of the first paragraph of article 1818, or unless such property has been conveyed by the grantee or a person claiming through such grantee to a holder for value without knowledge that the partner, in making the conveyance, has exceeded his authority.. When a person, by words spoken or written or by conduct, represents himself, or consents to another representing him to anyone, as a partner in an existing partnership or with one or more persons not actual partners, he is liable to any such persons to whom such representation has been made, who has, on the faith of such representation, given credit to the actual or apparent partnership, and if he has made such representation or consented to its being made in a public manner he is liable to such person, whether the representation has or has not been made or communicated to such person so giving credit by or with the knowledge of the apparent partner making the representation or consenting to its being made:. (1) When any new partner is admitted into an existing partnership, or when any partner retires and assigns (or the representative of the deceased partner assigns) his rights in partnership property to two or more of the partners, or to one or more of the partners and one or more third persons, if the business is continued without liquidation of the partnership affairs;(2) When all but one partner retire and assign (or the representative of a deceased partner assigns) their rights in partnership property to the remaining partner, who continues the business without liquidation of partnership affairs, either alone or with others;. When the business of a partnership after dissolution is continued under any conditions set forth in this article the creditors of the dissolved partnership, as against the separate creditors of the retiring or deceased partner or the representative of the deceased partner, have a prior right to any claim of the retired partner or the representative of the deceased partner against the person or partnership continuing the business, on account of the retired or deceased partner's interest in the dissolved partnership or on account of any consideration promised for such interest or for his right in partnership property.. 2, without any settlement of accounts as between him or his estate and the person or partnership continuing the business, unless otherwise agreed, he or his legal representative as against such person or partnership may have the value of his interest at the date of dissolution ascertained, and shall receive as an ordinary creditor an amount equal to the value of his interest in the dissolved partnership with interest, or, at his option or at the option of his legal representative, in lieu of interest, the profits attributable to the use of his right in the property of the dissolved partnership; provided that the creditors of the dissolved partnership as against the separate creditors, or the representative of the retired or deceased partner, shall have priority on any claim arising under this article, as provided Article 1840, third paragraph.. Without prejudice to the provisions of Article 1848, a person who has contributed to the capital of a business conducted by a person or partnership erroneously believing that he has become a limited partner in a limited partnership, is not, by reason of his exercise of the rights of a limited partner, a general partner with the person or in the partnership carrying on the business, or bound by the obligations of such person or partnership, provided that on ascertaining the mistake he promptly renounces his interest in the profits of the business, or other compensation by way of income.

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