Sale Terms and Important Information

TERMS AND CONDITIONS OF SALE

1) PAYMENT TERMS: Full payment by Certified Check or Wire Transfer due within 48 hours from closing of Auction bidding.  Winning bidders will be notified by Invoice for final amount due upon closing of the Auction. Credit cards will not be accepted for payment of assets.

2) TAXES: All sales are subject to applicable federal, state, local use, sales and excise taxes which buyer agrees to pay and which may be billed as part of the selling price or separately if the seller is required by any taxing authority to collect and pay such a tax.

3) MANUALS: Any available manuals and operating instructions will be provided to the Buyer at the time of pick up.  Seller does not warranty any specific manuals or documentation will be included. The need for additional manuals by the Buyer is the sole responsibility of Buyer and shall not be reason for claim against Seller.

4) WARRANTY DISCLAIMER: The goods described herein are pre owned used goods and, unless otherwise stated on the front of the invoice, are offered “as is." Seller makes no warranties of any kind whatsoever, express or implied, and ALL IMPLIEDWARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED and excluded from this agreement. All specifications and descriptions of said goods are approximate only. Seller makes no representation or warranty that said goods conform to any specifications, description or condition. It is Buyer’s responsibility to inspect the goods and to ascertain if the specifications, descriptions and condition of the goods conform to Buyer’s requirements. Any warranty concerning said goods made by any third party is enforceable only against the third party and not Seller.

5) CLAIMS: Selling party assumes no responsibility for errors in descriptions of merchandise being sold.  Buyer assumes all responsibility to research the correct information of any asset and has the right to inspect the asset prior to placing a bid.  There will be no returns or warranties of any kind after an acceptable bid has been made.  In no event shall Selling party be responsible for special or consequential damages.

6) ACCEPTANCES: Terms of the Auction shall be accepted by the Buyer upon the issuance of an acceptable winning bid. Buyer assents completely and exclusively to the terms and conditions herein and on the final Invoice. Winning and acceptable bids are final and not subject to cancellation by the buyer. This agreement shall be an North Carolina contract and shall be interpreted and administered for all purposes under the laws of North Carolina.

7) MACHINE USE AND SAFETY: Buyer acknowledges that the goods described herein are pre owned (used) goods which were neither designed nor manufactured by the Seller, nor does the Seller have any knowledge or control over the prior use or misuse of the goods or the future application of these goods by the buyer. It is the Buyer’s (user’s) responsibility to provide proper safety devices and equipment to safeguard the operator from harm for any particular use, operation, or set up, and to adequately safeguard The machine, or machines to conform to all federal, state, and local government safety standards, and all industry safety standards.

8) INSPECTION: Buyer shall have the right to inspect the merchandise prior to the auction closing date. Dates of inspection will be published in auction description.

9) TITLE: Title shall not pass to the Buyer with delivery of the above personal property, but shall remain vested in Seller until the entire purchase price is paid.

10) WAIVER-INDEMNIFICATION: Buyer hereby (1) waives, releases and discharges any and all claims (with the exception of claims for breach of this agreement) of and every kind (including but not limited to injury or death of any person or damage to property), which it may have at any time against Seller, its agents or employees, by reason of or arising out of any condition or defect of the goods sold hereunder, including but not limited to any claimed improper design, specifications or manufacturing defect of

goods sold hereunder, or devices; and (2) covenants to indemnify and hold-harmless Seller, its agents and employees of, from and against any and all loss, damage, expense, claims, suits, cost of defense, including attorney’s fees or liability which Buyer or any of its employees may sustain or incur at any time for or by reason of any injury to or death of any person or persons or damage to any property, arising out of any condition or defect of the goods sold hereunder, including but not limited to claimed improper design or manufacturing defect or other defect of the goods sold hereunder, or any claimed inadequate or insufficient safeguards or safety devices, or warnings.

11) ENTIRE AGREEMENT: These terms and conditions, together with the provisions contained on the invoice, are intended by the Seller and Buyer to be a complete and exclusive statement of the terms of the agreement, and such agreement may not be modified, amended, or waived except by a writing executed after the date hereof by an authorized officer of the Seller. All prior conversations and representations with reference to this subject matter are superseded by this agreement. Seller shall not be bound by any terms of Buyer’s purchase order forms or other documents which attempt to impose conditions at variance with Seller’s terms and conditions of sale set forth herein unless the same shall be specifically agreed to in writing by a duly authorized officer of

Seller. Seller objects to provisions contained in Buyer’s forms which are different or in addition to the terms herein. Buyer’s

purchase order is accepted expressly conditional on Buyer’s assent to the terms and conditions herein, as complete and exclusive

statement of the terms of this agreement., which assent shall be manifested by Buyer accepting or retaining possession of the goods

described herein.

12) APPLICABLE LAW: This agreement shall be a North Carolina contract and shall be interpreted and administered for all

purposes under the laws of North Carolina

13) ATTORNEY’S FEES: Loosing party agrees to pay all costs including attorney’s fees, consultation fees trial and appellate fees in the event of any dispute which arises from this agreement.