TERMS AND CONDITIONS

• Inspection: Auction Day starting at 8am (cst).
• General: "AS IS, WHERE IS, WITH ALL FAULTS".
• Real Estate Specific Terms: 10% down, balance due at closing within 30 days of Court approval, not subject to financing. Auction is an auction with reserve (subject to Seller approval). Seller to pay for deed preparation, prorated taxes and auction fees at closing. Buyer to pay all other closing costs. No Buyer's Premium on real estate.
• Contents Specific Terms: Full payment due at end of auction. Local area sales tax collected – dealers bring your resale #. For all LIVE ONSITE bidders, a 10% buyer’s premium will be added to all contents. ONLINE bidders will have an additional 3% buyer's premium for a total ONLINE buyer's premium of 13%.
• Removal: Buyers are responsible for removal of purchases from auction site. Buyers must provide their own moving equipment and personnel. Removal day/times are Friday August 22nd, Monday August 25th and Tuesday August 26th from 10am until 4pm. Buyers must remove all no later than Tuesday August 26th at 4pm (cst) or they will incur $100 storage per invoice per day. THERE ARE NO EXCEPTIONS! All items left 10 days past this deadline are considered abandoned and will be resold with no notice or credit given to you. You must present a printed copy of your PAID receipt to pick up items.
• Forms of Payment: Cash,  Certified Funds, Visa, MasterCard, Discover, American Express, Checks ONLY with Bank Letter of Guarantee. (Must contain wording that your bank will “guarantee payment” of your check. This is not the same as a letter of available funds or of good standing.). A 3% convenience fee will be charged for use of Visa/MasterCard/Discover/AmEx (this fee is nonrefundable under all circumstances for real estate down payments).
• Sample Guarantee Letter (NOT same as letter of available funds or of good standing): As a customer of our bank, we will guarantee payment of (insert customer name here)'s checks drawn on account #_____ not to exceed the aggregate amount of $_____ for purchases at the auction conducted by Heritage Realty & Auction Co Inc on August 21, 2014.
• Real Estate Broker Participation: A 2% broker participation is offered. To qualify, Agent must be licensed in AL, must attend Auction with Client, and must be present with Client for signing of Sales Contract at Auction.
• Absentee and Fax Bid Packages: Download the Absentee Bid Form now! Email or fax it back to us by 5pm (cst) Wednesday, August 20, 2014 or drop it off at the Auction to get your absentee bid in!
• Disclosures/Disclaimers: Bankruptcy Case 14-80089-JAC11. Selling Agent only. Heritage and all its licensees are representing the Seller exclusively.Click here for AL Real Estate Brokerage Services Disclosure. All information contained herein was derived from sources believed to be correct but is not guaranteed. Announcements made at Auction supersede all printed material. All decisions by Auctioneer are final.
• For Additional Information: Call 205.661.0600 or 800.445.4608, fax 205.661.0800 or email us.
• Auctioneers: David Farmer CAI 793, Gregory Battles 2333, Kimberly Battles 2326, Jim McCullough 2478, Heath Fant 5247, George Gray 1705, David Sumners 942, Kris White 2933. Click for other applicable license details.

ADDITIONAL TERMS FOR ONLINE BIDDERS:

• BID IS A CONTRACT: As a Bidder, placing a bid is a binding contract between you and the Owner/Seller and the bid cannot be retracted. Once you place a bid, and if you win, you will be obligated to buy the product at the said price you indicated as your bid. Placing a bid on this Site and winning, then not paying for the product is illegal in most states, and prosecution can result.
• SUSPENSION/PERMANENT BAN: A Bidder will be suspended or permanently banned from the Site for providing false or fraudulent information when registering. A Bidder will be permanently banned from this Site for failing to honor an auction bid made under that Bidder’s bid number.
• INTERRUPTION OF SERVICE: Heritage Realty & Auction Co. Inc. cannot, and will not, be held responsible for any interruption in service, errors, and/or omissions caused by any means and does not guarantee continual, uninterrupted, or error free service or use of the Site. Bidder acknowledges that this auction is conducted electronically and relies on hardware and software that may malfunction without warning. Heritage Realty & Auction Co. Inc., in its sole discretion, may void any sale, temporarily suspend bidding and re-sell any items or lots that were affected by any malfunction. The decision of Heritage Realty & Auction Co. Inc. is final. 
• INDEMNITY: Bidder accepts responsibility for and agrees to indemnify, defend, and hold harmless each Owner/Seller and Heritage Realty & Auction Co. Inc. and their employees, governing body, officers, owners, affiliates, subsidiaries, directors, agents, and representatives from and against any and all claims, losses, damages, liabilities, judgments, fees, costs, and expenses (including reasonable attorneys’ fees and expenses) related to, arising from or associated with Buyer’s, his agents’ or representatives’, use of the Site, including but not limited to, and arising out of, based upon, or resulting from any breach or violation by Bidder of this Site User Agreement or any use by Bidder of the Site or as a result of a dispute with another Bidder. 
• TERMINATION OF AGREEMENT: This Site User Agreement constitutes a binding agreement between Bidder and Heritage Realty & Auction Co. Inc. until terminated by Heritage Realty & Auction Co. Inc. Heritage Realty & Auction Co. Inc. may terminate this agreement at any time, without notice, in Heritage Realty & Auction Co. Inc.‘s sole discretion. If Bidder dissatisfaction occurs with the auction sale in any way, Bidder’s only recourse is to immediately discontinue use of the auction Site. Heritage Realty & Auction Co. Inc. reserves the right to terminate Bidder registration and use of the auction Site, and impose limits on certain features of the auction Site or restrict Bidder’s access to, or use of, part or the entire Site without notice or penalty. 
• NO WARRANTY ON SITE USAGE: You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Site without prior, express written permission of Heritage Realty & Auction Co. Inc. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
• PRIVACY: Heritage Realty & Auction Co. Inc. gathers information about Bidders and Owner/Sellers for the purposes of conducting online auctions. Heritage Realty & Auction Co. Inc. does not sell or rent this information. Heritage Realty & Auction Co. Inc. uses electronic mail mailing lists to notify its customers about online and live auctions. If you are receiving a particular mailing and wish to discontinue receiving future mailings, simply forward the received e-mail to Heritage Realty & Auction Co. Inc. to have your name promptly removed from our list. 
• ARBITRATION: Any controversy or claim arising out of or relating to this Site User Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in Jefferson County, Alabama, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Heritage Realty & Auction Co. Inc. may seek any interim or preliminary relief from a court of competent jurisdiction in Jefferson County, Alabama, necessary to protect the rights or property of you or Heritage Realty & Auction Co. Inc. pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorneys fees and costs.
• GOVERNING LAW: The Site User Agreement and any disputes arising out of or related to the Site shall be governed by and construed and enforced in accordance with the laws of the State of Alabama applicable to contracts entered into and to be performed entirely within the State of Alabama. 
• SEVERABILITY: If any provision of this Site User Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
• NO WAIVER: Failure to act with respect to a breach by you or others does not waive the right to act with respect to subsequent or similar breaches.
• SURVIVAL: The “Indemnity”, “No Warranty”, and “Arbitration” sections herein shall survive any termination or expiration of this Site User Agreement.
• HEADINGS: Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section.