TERMS OF SALE

These Terms and Conditions of Sale govern all items which
are offered for sale by RABIN WORLDWIDE as well as any of
its employees, agents, designees, affiliates, joint venture
partners, and/or co-auctioneers (collectively, "RABIN
WORLDWIDE"). RABIN WORLDWIDE reserves the right to modify
these Terms of Sale at any time and any such modification
shall become part of these Terms of Sale. By registering at
the auction, the Buyer agrees to be bound by these Terms of
Sale.

EVERY ITEM IS SOLD "AS-IS"
DESCRIPTIONS OF ITEMS ARE FOR GUIDE PURPOSES ONLY AND SHALL
NOT BE RELIED UPON FOR ACCURACY OR COMPLETENESS
ITEMS DO NOT CARRY ANY GUARANTEES
ALL ITEMS ARE SUBJECT TO A BUYER`S PREMIUM, WHICH RATE MAY
VARY SALE TO SALE

1. Payment. Only cash, a cashier`s check or a
company/personal check accompanied by a letter of guarantee
from a bank payable to RABIN WORLDWIDE will be accepted. A
refundable deposit in the amount of 25% is required to be
deposited with RABIN WORLDWIDE upon registration at the
auction. The balance and full payment for all items
purchased is due to RABIN WORLDWIDE on the day of sale.
2. Taxes. Where required by law, Buyer shall pay to RABIN
WORLDWIDE sales tax, value added tax, or any other
applicable tax. Any such taxes will be added to the purchase
price of all purchased items, as well as the Buyer`s
Premium. At the time of payment, dealers who purchase for
resale must supply RABIN WORLDWIDE with all necessary
documentation or upon receipt of such resale documentation,
the tax will be refunded to the dealer.
3. Buyer`s Premium. RABIN WORLDWIDE will charge and retain a
non-negotiable buyer`s commission ("Buyer`s Premium") on the
proceeds of any sale based on the final bid of each lot
sold. The Buyer`s Premium will be 15% for cash, check, wire
transfer and credit card payments. The Buyer`s Premium will
be posted on the premises and announced prior to the sale.
4. Title. Title to the offered item shall pass to Buyer upon
(i) the payment in full to RABIN WORLDWIDE; and (ii) removal
of purchased item from the premises, subject to compliance
by Buyer with all other Terms of Sale.
5. Inspection. Buyer hereby acknowledges that Buyer, or an
agent acting on Buyer`s behalf, has inspected, or has had
the opportunity to inspect, all of the items upon which
Buyer will be bidding and/or does purchase. By submitting a
bid for any item, Buyer affirms that they have inspected all
items for which bids are placed OR have waived the right to
do so prior to bidding. Buyer shall be deemed to have relied
entirely upon their own inspections and investigations in
their bidding decision. After a sale has been confirmed, the
Buyer shall be deemed to have inspected all purchased items.
6. Safety Standards. Buyer expressly assumes all
responsibility to secure all safety equipment and to meet
all applicable local, state and governmental safety
standards in using or removing any items purchased.
7. Removal of Items Purchased. Items can only be removed
from the premises within the removal time as announced at
the sale. No item can be removed, segregated, or dismantled
by Buyer before the conclusion of the auction. Prior to
removal of any item purchased, the entire invoice must be
paid in full in order to gain access to the premises. Buyer
must present a representative of RABIN WORLDWIDE with an
original invoice/bill of sale marked ?PAID?. Removal shall
be at the sole expense, risk and liability of the Buyer.
8. Failure to remove items purchased. If items are not
removed within the specified time for removal, (i) such
items will be deemed abandoned by the Buyer, (ii) Buyer
shall forfeit all monies paid to RABIN WORLDWIDE for the
purchase of such item(s), and (iii) Buyer shall forfeit any
rights to such item(s). In addition, Buyer shall be
responsible for all damages suffered by RABIN WORLDWIDE in
accordance with Paragraph 16, below, including, but not
limited to, any dismantling, transportation, storage or
other costs, including attorneys` fees incurred by RABIN
WORLDWIDE as a consequence of Buyer`s failure to remove such
item(s).
9. Absentee Bids. RABIN WORLDWIDE will accept bids from
Buyers who wish to bid, but cannot attend the auction. The
bids may be placed online at www.rabin.com or in writing on
our Absentee Bidder form available on our website, and must
be submitted in advance of the sale. All bids must state the
highest bid price, net of the Buyer`s Premium and any
applicable taxes and be accompanied by a refundable deposit
equal to 25% of the highest bid price.
10. Auction Registration. To register for any auction,
bidders must provide a valid VISA, MasterCard, or American
Express credit card. A $500 credit hold will be placed on
the credit card provided. RABIN WORLDWIDE does not store any
credit card information, nor can RABIN WORLDWIDE capture
more than $500 from the credit card provided. The card will
not be charged except in the event of failure to respond to
payment requests. Only in the event of explicit permission
from the Buyer can RABIN WORLDWIDE use the $500 credit hold
towards an invoice total for items won at auction. No more
than $500 can be captured from the credit card provided
during the auction sign-up process.
11. Bidding. If any dispute arises between two or more
bidders, the auctioneer has the right in its sole discretion
to determine the successful bidder or to re-offer and resell
the item or lot in dispute. RABIN WORLDWIDE shall have no
liability arising from any dispute between two bidders.
RABIN WORLDWIDE reserves the right to group one or more lots
into one or more selling items or lots, or to add to or
delete items or lots at its sole discretion. RABIN WORLDWIDE
reserves the right to set the bidding increments. RABIN
WORLDWIDE also reserves the right to reject any bid which is
only a fractional advance over the preceding bid. RABIN
WORLDWIDE, or the owners, reserves the right to set and/or
to modify a minimum price.
12. Auction Site. Buyer acknowledges any and all auction
sites, or locations where goods are held or presented for
inspection, may be potentially dangerous places with
noxious, corrosive and pressurized substances being present,
heavy equipment being operated, and live electric circuits.
Buyer`s and their associates present at an auction site
before, after, and during an auction shall be deemed present
at their own risk, with RABIN WORLDWIDE holding no liability
for any injuries sustained, nor damages to or loss of
property which may occur from any cause whatsoever.
13. Absence of Warranties. While descriptions are believed
to be correct, RABIN WORLDWIDE and the Owners make no
warranties or guarantees, expressed or implied, as to the
genuineness, authenticity, quantity, quality, condition,
usability, salability, weight, measure, count, make, model,
year, age, mechanical condition, performance, description,
or other specifications in any lot. Neither RABIN WORLDWIDE
nor the Owners shall be liable for any fault or defect in
any lot. RABIN WORLDWIDE shall not be held liable for any
inaccurate, incomplete or incorrect description, of any lot
or item in any media pertaining to the auction, whether in a
catalog, advertisement, website listing, or otherwise.
Descriptions of goods are prepared FOR GUIDE PURPOSES ONLY
and shall not be relied upon by the bidder or Buyer for
accuracy or completeness. ALL SALES BY RABIN WORLDWIDE OF
THE GOODS, WILL BE ?AS IS?, ?WHERE IS?, WITH ALL FAULTS,
LATENT AND PATENT, WITHOUT REPRESENTATION OR WARRANTY,
EITHER EXPRESSED OR IMPLIED, OF ANY KIND, INCLUDING ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE OR WARRANTY AGAINST PATENT, TRADEMARK, COPYRIGHT OR
TRADE SECRET INFRINGEMENT. Specifically, but with not
limitation, RABIN WORLDWIDE makes no representation or
warranty that any goods (i) conform to any standard in
respect to safety, pollution or hazardous material or to any
standard or requirement or any applicable authority, law, or
regulation, (ii) are fit for any particular purpose, or
(iii) are of any particular age, year of manufacture, model,
make, or condition.
14. Indemnification. Buyer shall indemnify, hold harmless
and defend RABIN WORLDWIDE and the Owners from and against
any and all losses, damages, liabilities and claims, and all
attorney`s fees, costs and expenses arising out of, based
upon or resulting from (i) any loss or injury resulting from
Buyer`s failure to secure all safety equipment and/or to
meet all applicable government safety standards in removing
items purchased or in use, (ii) any act by or omission of
RABIN WORLDWIDE, the Owners, or their respective agents,
representatives or employees, relating to or affecting the
goods bid on and or purchased by Buyer, or (iii) any injury
to Buyer and/or Buyer`s associates or property of any type
whatsoever caused during the inspection, auction,
dismantling, removing transporting or use of the items
purchased.
15. Hazardous Materials. Buyer acknowledges that item(s)
purchased at auction may contain Hazardous Materials and
will indemnify, defend and hold RABIN WORLDWIDE harmless
with respect to all costs, expenses, liabilities, damages or
claims, including without limitation, attorney`s fees,
asserted by any person, entity or governmental agency or
against RABIN WORLDWIDE directly or indirectly relating in
any manner to any hazardous or toxic materials, which may be
regulated under applicable laws, rules or regulations, and
which relate in any way to the dismantling or removal of any
purchased item. RABIN WORLDWIDE shall in no event be
obligated to incur any costs or expenses relating in any
manner, either directly or indirectly, to any Hazardous
Materials. Buyer will be responsible for any and all
remediation costs related to the dismantling and removal of
any purchased item.
16. Acts of Others. RABIN WORLDWIDE is not responsible for
(i) the acts or omissions of any party who provided any
items to the auctioneer for sale, (ii) the owner or lessor
of the auction site, (iii) the owner or lessor of the site
where the items are stored, or (iv) the acts or omissions of
any party who provides services to the auctioneer and/or
buyer, including, but not limited to telecommunication,
internet bidding services, removal, rigging, or shipping, of
item(s).
17. Default/Non-Compliance. In the event the Buyer fails to
pay the entire purchase price on the day of the sale(s)
and/or fails to comply with any conditions of these Terms of
Sale, RABIN WORLDWIDE may retain and/or recover the Buyer`s
deposit for such failure. In addition, RABIN WORLDWIDE may
resell such items at a public or private sale without
further notice. If, at such a sale, the item is sold for a
lesser price the original buyer (defaulter) will be
responsible for the difference. Furthermore, any charges,
fees and/or expenses, including but not limited to, the cost
of removal and resale of the abandoned item(s), any monetary
difference between the Buyer`s original purchase price and
the subsequent resale price, commissions, and legal fees
incurred by RABIN WORLDWIDE as a result of resale will be
the responsibility of the defaulter. This also includes any
attorney`s fees that may result in enforcement of this
agreement.
18. Limitation of Liability. RABIN WORLDWIDE, the Owners, or
their respective agents, representatives or employees, shall
have no liability to Buyer due to nondelivery of any item
for any reason other than to return to Buyer the monies paid
for such nondelivered items. Buyer`s sole remedy for
nondelivery of items shall be the refund of the original
purchase price paid by Buyer for such items. RABIN
WORLDWIDE, the Owners, or their respective agents,
representatives or employees, shall not be liable for any
lost profits, travel time or costs, lost time, incidental or
consequential damages, or the replacement value of any item.
19. Limitation of Claims. In no event shall the liability of
RABIN WORLDWIDE to the Buyer exceed the purchase price
actually paid. A Buyer`s claim shall be limited to the
amount actually paid for goods purchased and shall not
extend to any obligation; risk; liability; right; claim;
remedy for loss of use, revenue, or profit; liability or
obligation of Buyer to any third party; personal injury; or
any other direct, indirect, incidental, or consequential
damages. RABIN WORLDWIDE is acting as an auctioneer only.
20. Arbitration. Any dispute or controversy arising out of
or relating to the auction or any interpretation,
construction, performance or breach of these Terms of Sale,
including fraud in the inducement, shall be resolved by
final and binding arbitration conducted by a retired judge,
either with Judicial Arbitration and Mediation Service or
through the American Arbitration Association. Judgment may
be entered on the arbitrator`s decision in any court having
jurisdiction. Should any party to this agreement institute
any arbitration or other action or proceeding in any way
relating to the auction, or to enforce, interpret or apply
any provision of these Terms of Sale, the parties agree that
the prevailing party shall be entitled to reimbursement by
the losing party of all statutory and nonstatutory costs and
expenses, including, but not limited to, all of its
attorney`s fees.
21. Governing Law. The validity, construction and
performance of these Terms of Sale shall be governed by the
substantive law of the country or region where the auction
was conducted.
22. Website Use. RABIN WORLDWIDE strives to ensure that its
websites are available and functioning 24 hours per day,
however RABIN WORLDWIDE shall not be held liable if its
websites are unavailable at any time, for any period.
Website access may be suspended without notice due to power
failure; server failure, repair, or maintenance; or other
reasons beyond RABIN WORLDWIDE`s control. RABIN WORLDWIDE
reserves the right to relist or adjust bidding periods on
any auction due to system malfunction.
23. Online Bidding. Buyers who choose to bid at any auction
online using the RabinLive? or Rabin 24/7 systems shall do
so at their own risk. RABIN WORLDWIDE cannot guarantee the
transmission of online bids when situations beyond RABIN
WORLDWIDE`s control interfere with the normal operation of
these systems. RABIN WORLDWIDE holds no liability for items
lost at auction due to system malfunction of its websites or
bidder consoles. It is the responsibility of the Buyer to
properly download and install the Java Runtime Environment
(JRE) prior to the start of an auction in order to use the
RabinLive? and Rabin 24/7 systems. RABIN WORLDWIDE will not
be held liable for a Buyer`s inability to bid caused by
failure to install the JRE.
24. Severability. If any provision of these Terms of Sale is
deemed illegal, invalid or unenforceable, the legality,
validity and enforceability of the remaining parts, shall
not be affected.