T E R M S AND CONDITIONS OF ON-LINE AUCTION SALES CONDUCTED,
HOSTED OR OTHERWISE ADMINISTERED BY COLLAR CITY AUCTIONS
REALTY & MGMT., INC. (?AUCTIONEER? OR ?AUCTION COMPANY?)
EITHER THROUGH AUCTIONEER?S WEB SITE
WWW.COLLARCITYAUCTIONS.COM OR ANY OTHER WEBSITE DESIGNATED
BY AUCTIONEER FOR THE PURPOSE OF CONDUCTING AN ON-LINE
AUCTION

Please be sure to read additional Auction Terms on
www.collarcityauctions.com

Online Registration will only be permitted until 5:00 PM EST
on November 16, 2011.

Online Bidder Fees:
Please Note: The Terms and Fees Herein differ than the
terms posted on our site for on-site bidders.

1. Notice: Please read these terms and conditions
thoroughly prior to registration. By checking the box next
to the 'submit registration' button all bidders and other
persons participating in auctioneer?s on-line auctions agree
that they read, write, speak and clearly understand the
English language and have read these terms and conditions
and have full knowledge of these online terms and conditions
and unconditionally agree to be bound thereby without
reservation.
2. Identification: All purchasers are required to give
full name, company name, address, phone number, fax number,
cell phone or secondary contact number, email address,
credit or debit card information and banking information
when required.
3. Anyone under the age of 21, or who for whatever
reason are unable to enter into legally binding contracts,
are prohibited from using www.bidspotter.com or
participating in any on-line auctions hosted by Auction
Company.
4. Read these terms of sale carefully. By participating
in the auction you agree to these terms and make
representations as set forth herein. These terms are legally
binding and if you violate any of them, Auction Company, or
the seller may seek legal relief, including but not limited
to reporting your conduct to appropriate law enforcement
entities. Please note that these terms include an agreement
by which you wholly indemnify seller and auctioneer.

5. TERMS OF SALE - APPLICABLE TO ALL BIDS/SALES:
a. All deposits, bidding and invoicing will be
in U.S. dollars ($) only.
b. When required by Auction Company, all
bidders will be required to tender a deposit or credit card
authorization in order to register to bid. No bidders will
be registered without tendering said deposit or credit card
authorization. The amount of deposit will be set by
auctioneer on a case-by-case basis and will be posted on
auctioneer?s website. Deposits may be made by cash,
certified funds, wire transfer, or credit/debit card (with
sufficient available credit) only. Auctioneer will post the
requirements for each auction and/or each item or parcel on
auctioneer?s website. Personal checks and company checks
will not be accepted. If Bidder elects to pay the down
payment by wire transfer, a nonrefundable wire transfer
reimbursement fee of $35.00 is required if Bidder resides in
the United States, or $65.00 if Bidder resides outside the
United States. This nonrefundable fee is to defray Collar
City?s costs and expenses of processing the wire transfer
payments. In no event shall any wire transfer fees be
reimbursed.
c. Once your online bid is submitted, you have
entered into a binding contract with Auction Company and the
Seller and you are unconditionally obligated to pay for your
winning bid(s). Bidders must have adequate financial
resources to fulfill bid commitments. By bidding, you are
agreeing to be held personally liable for the bid amount,
buyer?s premium, and any other fees or applicable taxes,
whether or not the item description specifies the fees,
taxes or assessments that may be applicable to the purchase
of the item or property.
d. Winning bidders who fail to pay for their
bids (for whatever reason) will be assessed a penalty fee
equal to 20% of the total outstanding invoice(s). This fee
will be charged to the credit/debit card that was used to
register with the Auction Company or any monies deposited by
bidder with the Auction Company prior to the auction. Plus
forfeit any monies already on deposit. The bidder may be
barred from future auctions conducted by the Auction
Company. By using this on-line auction service, you agree
that any dispute concerning the auction, any bid, use of the
online auction service, or goods or property purchased
through this on-line auction shall be governed by the credit
card agreement contained herein without giving effect to any
choice or conflict of law provision or rule whether of the
State of New York or any other jurisdiction) that would
cause the application of the laws of any jurisdiction other
than the State of New York, and that you consent to personal
jurisdiction over you in New York State, and that the
exclusive locale and venue for any such claim, dispute or
legal action shall be the New York State Supreme Court,
County of Schenectady or at the option of Auction Company,
in any Federal court of competent jurisdiction or any courts
located in the county in which the Property is located. Each
of the parties waives any defense of inconvenient forum to
the maintenance of any action or proceeding so brought.
Bidder agrees that bidder will not bring any action or
proceeding arising out of or relating to this agreement in
any other court. If bidder commences a claim or legal
action in any jurisdiction or before any tribunal other than
New York State Supreme Court, Schenectady County you hereby
expressly agree to be liable for all attorney's fees, court
costs, disbursements and the like incurred by Auction
Company in connection with obtaining a dismissal and/or
transfer of the matter. If you fail to pay for your winning
bid, including the buyer's premium, additional fees or
administrative fees, or any portion thereof, then you shall
be liable for all attorney's fees, court costs, time and
disbursements incurred by Collar City Auctions Realty &
Mgmt., Inc. in attempting to collect the amounts due. In all
other respects, attorney's fees, disbursements, and court
costs associated with any claim, dispute or legal action
between the parties to this agreement shall not be
recoverable by one party against the other.
e. All sales are final. Once your bid is
accepted as the high bid, no refunds, exchanges, or credits
will be issued for any reason whatsoever.
f. Any bidders having submitted a deposit with
Auction Company, but not winning any bid in the auction,
will be entitled to a full refund (less any non-refundable
fees or wire transfer fees if applicable). Auction Company
will use its best efforts to make such refunds to non-
winning bidders on the next business day following the
auction. Upon return of the deposit check or wire funds,
this agreement shall automatically terminate, and Bidder and
Auction Company shall be deemed to have released each other
from all obligations hereunder as if this agreement was
never executed, and Bidder shall not have nor make any
claims to the Property or against Auction Company or any
Sellers having participated in the auction.
g. Anyone outside of the continental United
States will be required to supply Auction Company with
complete Name, Company Name, Mailing Address, Country of
Origin and agree to wire transfer a minimum deposit of
$5,000 US Funds. All deposits must be received no later
than 24 hours before the sale.
h. Sales tax: Purchaser shall also pay all
applicable sales or use taxes imposed by all taxing
authorities on such transaction unless purchaser shall
present a resale certificate, certificate of exemption or
the like, exempting the purchaser and auctioneer from the
payment of any such sales and use taxes by facsimile to the
office of Collar City Auctions Realty & Management, Inc. via
email service@collarcityauctions.com or via facsimile (518)
895-8152 no later than 5:00 pm the day before the auction or
applicable taxes will be charged without future refund.
i. Bankruptcy: If at any time prior to payment
in full, purchaser files a petition in bankruptcy or for
other similar protection from creditors, or an involuntary
petition in bankruptcy or other similar proceeding is filed
against purchaser, then, at the option of the auctioneer,
the sale may be voided with the seller and Auction Company
reserving all rights to pursue collection of any deficiency
or loss.
j. Additional terms and conditions: The
auctioneer may add other terms and conditions of sale, such
additional terms and conditions to be announced prior to or
during the auction as necessary.
k. Indemnification: Purchaser agrees to
indemnify and hold Auction Company, its principals, agents,
staff and the seller harmless from and against all claims
and liabilities relating to the condition or use of the
articles purchased or failure of user to follow
instructions, warnings or recommendations of the
manufacturer, or to comply with Federal, state and local
laws applicable to such articles, including OSHA
requirements, or for proximate or consequential damages,
costs or legal expenses arising there from.
l. Claims: No claims will be allowed once
auctioneer says "sold" or bidder becomes winning bidder.
Purchase immediately becomes the sole and exclusive
responsibility of the "bidder as purchaser" and relieves
Auction Company, its principals, and agents of any and all
liabilities that may arise from damage, theft or loss prior
to removal of goods from premises.
m. Responsibility for non-delivery: Auctioneer
shall not, in any event, be liable for non-delivery of any
matter or thing, to any purchaser of any lot.
n. Compliance with terms of sale-failure to
remove items: In default of payment of bills in full within
the time therein specified, the auctioneer in addition to
all other remedies allowed by law may retain all monies
received as deposit or payment or otherwise, not as a
penalty, but as liquidated damages. Lots not paid for and
removed within the time allowed may be resold at public or
private sale without further notice, and any deficiency,
together with all expenses and charges of re-sale,
collection and associated expenses, including, but not
limited to attorney?s fees will be charged to the defaulting
purchaser. Bidder as purchaser unconditionally authorizes
Auction Company to charge these fees to Credit/Debit Card on
file without recourse and agrees not to dispute or reject
any charge backs.
o. Risk to person and property: Persons
attending during exhibition, sale or removal of goods assume
all risks of damage of or loss to person and property and
specifically release the Auction Company, its principals and
agents from liability herefore. Neither the auctioneer nor
his principal shall be liable by reason of any defect in or
condition of the premises on which the sale is held.
p. Addition to or withdrawal from sale: The
auctioneer reserves the right to withdraw from sale any of
the property listed or to sell at this sale property not
listed, and also reserves the right to group one or more
lots into one or more selling lots or to subdivide into two
or more selling lots. Whenever the best interest of the
seller will be served, the auctioneer reserves the right to
sell all the property listed, in bulk.
q. Dispute between bidders: If any dispute
arises between two or more bidders, the auctioneer may
decide the same or put the lot up for sale again at once,
and resell to the highest bidder. The auctioneer?s decision
shall be final and absolute.
r. Reserve: The auctioneer reserves the right
to reject any and all bids. On lots upon which there is a
reserve, the auctioneer shall have the right to bid on
behalf of the seller.
s. Records: The record of sale kept by the
auctioneer and bookkeeper will be taken as final in the
event of any dispute.
t. Agency: The auctioneer is acting as agent
between the seller/consignor and bidder as purchaser, only
and is not responsible for the acts of their or its
principals, acts of the seller, seller's agents. Buyer
unconditionally acknowledges that the purchase transaction
is taking place solely between the seller and the purchaser
and the Auction Company, its principals and agents are
strictly acting in the capacity of the seller?s agent.
u. Conduct of Strictly Online Auction: We use
dynamic ending times for all on-line auctions. On-line
auction ending times will be extended by one-minute
intervals if bids are placed during the last minute of the
scheduled auction ending time. Such extension of the ending
time of the auction will continue, in one-minute intervals,
as long as active bidding continues. Once there are 59
seconds without any bidding, no further extensions will be
given and the auction will end. This does not apply to Live
Simulcast Auctions.
v. Vehicle Transfer Documents: Bidder as
Purchaser agrees to accept the paperwork advertised and
provided to Auction Company by Seller. It is the bidder?s
responsibility to verify marketability of title and or liens
and encumbrances prior to submitting a bid. Please contact
Auction Company with any questions prior to bidding.
w. Limitations of Liability: For any reason
whatsoever, an item purchased cannot be delivered, the buyer
waives liability on the part of Auction Company and further
agrees that any obligation of said item is limited to the
bid and paid for price of item. Persons attending the
auction preview, sale, or removal assume all risks of damage
of or loss to person and property and specifically release
and indemnify Auction Company and sellers from liability.
Auction Company and/or seller shall not be liable by reason
of any defect in or condition of the premises in which the
sale is held.
x. Vehicles: Auction Company is not
responsible for any penalties on past-due registrations,
over the road taxes or smog compliance certificates. It is
the bidder?s sole responsibility to check all vehicles for
plates/tags, smog devices, and/or any defects.

CREDIT CARD AGREEMENT

By completing the registration and participating and
registering and entering any bid, it is expressly agreed by
the Bidder named below and Collar City Auctions Realty &
Mgmt, Inc. (?Collar City Auctions?) that once Bidder is
selected by Collar City Auctions in its sole discretion as
the high bidder in any auction, all auction purchases by
Bidder shall be subject to the following credit card terms
and conditions:
1. I, unconditionally agree, authorize and grant
permission to the Merchant (Collar City Auctions) to charge
my card listed below for any down paymemnt and buyer's
premium monies and or my purchased property, even in the
event, I dispute my purchases. I also agree that the
Merchant?s determination of winning bidders shall govern
this transaction without recourse. Storage charges shall
accrue from date of auction at $85.00 per day for vehicles
and $25.00 per day per item for tangible purchases.
2. All sales are final without recourse of any kind now
or in the future.
3. All items are sold by Collar City Auctions and
purchased by Bidder in ?as is? condition at time of sale.
4. No Refunds.
5. No Credits.
6. No Adjustments.
7. No Charge Backs.
8. I hereby unconditionally authorize all charges made
by Collar City Auctions to the credit card listed below for
any item or items I bid on and am determined by Collar City
Auctions, in its sole discretion, to be the high bidder now
or at any time in the future and I hereby unconditionally
agree not to dispute or attempt to disclaim any such charges
made by Collar City Auctions pursuant to this Credit Card
Agreement and or leave the site without making payment in
full.
9. I acknowledge and understand that charges on my
Credit Card Statement made pursuant to this Credit Card
Agreement may contain the name ?Collar City Auctions? on it.
10. I agree and acknowledge that I, the undersigned
Bidder, have read and understand this Credit Card Agreement
and that I understand, write, speak and read the English
Language. I further authorize Collar City Auctions to
charge the credit card listed below for any and all charges
permitted under this Credit Card Agreement, the Terms and
Conditions of Auction Sale, and any other forms, terms of
sale, or agreements between myself as Bidder and Collar City
Auctions.
11. I acknowledge that the buyer?s premium of 16% will
be charged in addition to my bid price, plus applicable
sales taxes.
12. See Terms and Conditions of Auction Sale for
additional terms and conditions. I hereby acknowledge my
receipt and understanding of the Terms and Conditions of
Auction Sale.
13. The undersigned Bidder expressly agrees to be fully
and unconditionally bound by the terms above, as well as all
terms and conditions contained in Terms and Conditions of
Auction Sale, the bidder contract, and ALL other auction
terms as may be applicable. I also unconditionally agree to
be responsible for ALL COLLECTION COSTS ASSOCIATED WITH MY
DEFAULT OF ANY TERMS OF THIS TRANSACTION, INCLUDING ALL
ATTORNEY, AND COLLECTION AND COURT FEES.

6. TERMS OF SALE - NON-REAL ESTATE ITEMS (EXCLUDING
FIREAREMS):

a. Payment in full for all winning bids on non-
real estate items must be made not later than at 5:00 pm EST
the next business day. Time is of the essence. All payments
shall be by cash, wire transfer, or certified funds only
payable to ?Collar City Auctions Realty & Management, Inc.?
All bidding, invoicing, and payments will be in U.S. dollars
($) only. Full payment auction day within 30 minutes of
auction by Cash, M/C, Visa, Discover, Debit Card or Check
with Bank Letter of Guaranteed Payment. See Web Site for
Additional Terms and Sample Bank Letter. 20% Buyer?s
Premium Applies To All Online Purchases, Plus Applicable
Sales Tax.

b. All purchases, excluding firearms, must be
removed not later than 48 hours post auction, unless being
shipped. No lot can be removed unless full payment has been
received by Auction Company and a ?paid? receipt issued.
Removal shall be at the sole expense, risk and liability of
the purchaser. Purchases may be removed only on
presentation of ?paid? receipt. Auctioneer shall not be
responsible for goods not removed within the time allowed,
but shall have the option at its sole discretion to remove
and/or store said goods and the costs associated therewith
shall be charged to the winning bidder. Auction Company
not responsible for rigging, packaging, damages, assistance
with loading, or shipping of any purchased items.
c. Conditions of articles sold: The auctioneer
shall not be responsible for the correct description,
genuineness, authenticity of, or defect in any lot, and
makes no warranty in connection therewith. No sale shall be
set aside nor allowance made on account of any
incorrectness, error in cataloging, or any imperfection not
noted. No deduction will be allowed on damaged articles.
All articles are available for inspection prior to the
auction, and are sold ?as is? and without recourse.
Articles are not warranted as to merchantability or fitness
for any particular purpose, and no claim may be made by
purchaser relating to the condition or use of articles
purchased, or for proximate or consequential damages arising
there from.
d. Safety devices: Articles purchased may not
incorporate approved activating mechanisms, operating safety
devices or safety guards, as required by OSHA or otherwise.
It is purchaser?s responsibility that articles purchased are
so equipped and safeguarded to meet OSHA and any other
requirements before placing such articles into operation.
e. Sale by estimated weight, count or measure:
Where items are sold by estimated weight, count or measure,
the purchaser will be billed for and required to pay for the
estimated weight, count or measure as announced when sold.

7. TERMS OF SALE - FIREARMS

a. Payment in full for all winning bids on
firearms must be made no later than the following business
day at 5:00 pm EST. Time is of the essence. All payments
shall be by cash, wire transfer, or certified funds payable
to ?Collar City Auctions Realty & Management, Inc.? All
bidding, invoicing, and payments will be in U.S. dollars ($)
only.
b. All firearms sales are subject to all
applicable laws, rules and regulations, including the
requirements of the Federal Bureau of Alcohol, Tobacco,
Firearms and Explosives. Firearms dealers participating in
any on-line auction service of Auction Company must be
Federal Firearms Licensees (FFL) and file proof of valid
licensure with Auction Company via email at
reception@collarcityauctions.com or via facsimile 518-895-
8152 prior to bidding. Pursuant to the Brady Handgun
Violence Prevention Act of 1993, all winning bidders of
firearms will be subject to the Federal Bureau of
Investigation?s National Instant Background Check System
(NICS) approval at the time of purchase. Do not bid if you
will not pass the NICS check. If you fail the NICS check,
you will be disqualified as a bidder on any firearms and
your bid will automatically be rejected. In such a case, the
firearm may be sold to the next highest bidder, to a third-
party, or returned to the seller, in the sole discretion of
the Auction Company. No refunds of any kind will be given
for failure to pass the NICS check. Firearms may be shipped
to an FFL of your choice after full payment, including
shipping and handling charges have been received by the
Auction Company. Otherwise, bidder, as purchaser shall pick
up firearms at the office of the Auctioneer provided
purchaser is a New York State Resident. New York Residents
must have a valid New York State Pistol Permit to Bid on
Handguns.

8. TERMS OF SALE - REAL ESTATE:
a. Anyone outside of the continental United
States bidding on real estate must submit a minimum deposit
of $5,000 (US Funds Only) which will allow them to bid.
Deposit must be delivered to the Auction Company via wire
transfer no later than 24 hours before the auction sale.
b. All prospective bidders are strongly urged
to perform their own independent due diligence for each
parcel of real property they are considering bidding on and
to engage counsel of their own choosing and to obtain and
examine a title report regarding all real property bidder
intends to bid on during the on-line auction. Seller and
auctioneer make no warranties or representations, expressed
or implied, written or oral, with respect to the state of
title of any of the real properties.
c. If you are determined by the Auctioneer to
be the winning bidder on a property, your specified deposit
will be immediately applied and credited to down payment. In
addition, an additional mandatory buyer?s premium (add-on to
bid price) at ?knockdown? auction day in cash, certified
bank check payable to buyer. Balance of buyer?s premium due
on, or before end of next business day at 5:00 PM EST at the
office of the auctioneer, ?time being of essence?. There
shall be a $100 per day late fee for failure to pay the full
buyer?s premium by the deadline and shall continue to acrue
until full buyer's premium has been received. Failure to
pay buyer?s premium in full within 48 hours of payment
deadline may, at the election of the Auction Company and/or
Seller, result in bid being voided and property may be sold
to back-up bidder or other 3rd party or removed from the
auction, in the sole discretion of the auctioneer. Balance
of purchase price must be paid at closing on or before
advertised/posted closing date. All payments must be in the
form of a wire transfer, certified bank check made payable
to buyer, or cash. Wire transfer fees shall be paid by the
purchaser. This is a cash sale and is not contingent on the
buyer?s ability to obtain financing. By bidding, bidder is
making an irrevocable offer to purchase. Deposits paid or
other amounts paid by bidder are not considered an ?option?
payment. You are agreeing to consummate the purchase when
you place your bid for the property. If you are not certain
that you want to purchase the property, do not bid on it. If
you have not inspected the property and desire to do so
before purchasing the property, do not bid on the property.
If you are the winning bidder, no refunds or credits will be
given due to property not meeting bidder?s expectations or
for any other reason.

d. The deposit/down payment will be considered
an earnest money deposit for the property and will not be
refunded under any circumstances. Buyer?s premium will not
be refunded under any circumstances. If you have provided a
cashier?s check or a personal or company check for your
earnest money which has been returned for any reason,
including but not limited to, being declared ?NSF?, being
drawn on a closed account, being fraudulent, or having a
stop order placed on it, you are not eligible to participate
in any bids and may not participate in any auctions
conducted by auctioneer. If despite this notice you appear
at the auction or submit a bid online, your bids will be
disregarded and the other bidders will be informed that you
are not eligible to participate in the auction and to
disregard your bids.

e. Successful bidders must have adequate
financial resources to fulfill bid commitments. If you
successfully bid on real property, you contract to purchase
the property for the bid amount. By placing a bid on real
property in the auction you are representing to auctioneer
and the seller that you have adequate cash or financing in
place to purchase the property at the bid price and pay all
associated costs, fees, etc., that you have performed
adequate due diligence with regard to the property or
expressly waive the right to do so. By participating in the
auction, you acknowledge that auctioneer and the seller are
relying on your representation of sufficient funding. You
further acknowledge by your participation in the auction
that auctioneer and the seller will be injured if you are
unable to close for any reason, including losses associated
with marketing and conducting the auction.

f. The successful bidder of real property shall
immediately execute a non-contingent ?Auction Real Estate
Purchase Contract? for each property on which the bidder is
successful as declared by the auctioneer. Copies of the
?Auction Real Estate Purchase Contract? are available for
review prior to the auction at the auction information
office or by calling the auctioneers.

g. Special note: A buyer?s premium fee, as
specified, will be added to the final bid amount on each
parcel of real property sold. The bid amount plus the
buyer?s premium and administrative fees, if any, equals the
final purchase price.

h. Closing: All properties must close on or
before advertised/posted date unless otherwise agreed to in
writing by the auctioneer. Seller shall pay all current ad
valorem taxes, condo fees, or other fees or assessments
assessed against the property up to the date of closing.

i. Buyer?s note: Any person attending the
auction (whether a bidder or not) is a guest of the Auction
Company and subject to removal by the Auction Company at its
discretion. On the day of the sale, no modification to the
form of the contract will be accepted. The failure to
execute the contract in the form presented may result, at
seller?s option, in a voiding of the winning bid and the
sale of the property to the next high bidder or other 3rd
party, or placement of the property back in the auction

j. Auctioneer reserves the right to add or
delete any property from this auction or to alter the order
of properties presented during the auction.

k. All properties sell ?as is-where is? with no
warranties expressed or implied. Property will be conveyed
by "QUIT CLAIM". An owner?s title policy may be obtained by
the purchaser and shall be an expense of the purchaser, but
will not delay the final payment due or transfer of title.
The information set forth in every advertisement or
publication regarding this auction sale has not been
independently verified by seller or auctioneer. Its accuracy
is not warranted in any way, including, but not limited to,
information concerning ownership or condition of any
building, well, septic system, or any other appurtenances
located upon, in or at the property, presence or absence of
utilities, subsurface conditions, presence or radon gas,
presence or absence of lead-based paint, tenant or lease
information, zoning, easements, encroachments, dimensions
and acreage of parcel, square footage of improvements, and
all photographs. Buyer agrees that they are not relying on
any information provided by the auctioneer or seller in
deciding whether to bid on the property. There is no
obligation on the part of seller or the auctioneer to update
this information.

l. The Sellers, Auction Company, Auctioneer(s)
and their Agents do not have any liability whatsoever for
any oral or written representation, warrants or agreements
relating to the property (including information appearing in
the auctioneer?s brochures, advertising, web site, or other
marketing materials or announcements made at the time of the
auction) except those of the seller(s) as expressly set
forth in the ?Auction Real Estate Purchase and Sale
Contract.?

m. There is no minimum starting bid required on
any property, however, the seller reserves the right to
immediately accept or reject the high bid auction day. There
is no obligation on the part of the seller to accept any
backup bids in the event the high bidder fails to perform.

n. Agency disclosure: Auctioneer and all
licensees employed by or associated with auctioneer
represent the seller in the sale of these properties.

o. Disclaimers:
1. The property will be sold by seller
to buyer on an ?as is, where is, and with all faults? basis.
Buyer accepts all faults of the property whether known or
unknown, presently existing or that may hereafter arise.
Buyer acknowledges and agrees that the seller and the
auctioneer have not made, does not make and specifically
negates and disclaims any representations, warranties,
promises, covenants, agreements or guarantees of any kind or
character whatsoever, whether expressed or implied, oral or
written, past, present or future, or, as to, concerning or
with respect to: (i) the value, nature, quality or condition
of the property or any building, structures, appurtenances
thereto or thereon, including, without limitation, the
water, soil, geology, subsurface conditions, dimensions,
acreage, location, age thereof; (ii) the income to be
derived from the property; (iii) the suitability of the
property for any and all activities and uses which buyer may
conduct there from; (iv) the compliance of or by the
property or its operation with any laws, rules, ordinances
or regulations of any applicable governmental authority or
body; (v) the habitability, merchantability, marketability,
profitability or fitness for any particular purpose of the
property; (vi) the manner or quality of the construction or
materials, if any, incorporated into or existing on the
property; (vii) the manner, quality, state of repair of the
property; (viii) the existence of any view from the property
or that any existing view will not be obstructed in the
future; or (ix) any other matter with respect to the
property, and specifically, without limitation, that neither
the seller nor the auctioneer have made, does not make, and
specifically disclaims any representation regarding
compliance with the Americans with Disabilities Act or with
any environmental protection, pollution or land use laws,
rules, regulations, orders or requirements, including solid
waste (as defined by the U.S. Environmental Protection
Agency Regulations at 40 C.F.R., Part 261), or the disposal
or existence, in or on the property, of any hazardous
substance (as defined by the Comprehensive Environmental
Response Compensation and Liability Act of 1980, as amended,
and regulations promulgated there under), zoning, local law,
or any other judicial or statutory requirements,
restrictions, obligations, or other regulation of any kind
that may be applicable to the property, or any building,
structures, appurtenances thereto or thereon.
2. Buyer further acknowledges and
agrees that having been given the opportunity to inspect the
property from either walk through or drive by, buyer is
relying solely on buyer?s own investigation of the property
and not on any information provided or to be provided by
seller or broker or auctioneer. Buyer further acknowledges
and agrees that any information provided by or on behalf of
seller with respect to the property including, without
limitation, all information contained in any property
information package previously made available to buyer by
seller and broker was obtained from a variety of sources and
that seller and broker and auctioneer have not made any
independent investigations or verification of such
information and make no representation as to the accuracy or
completeness of such information. Bidder acknowledges that
seller and auctioneer and their employees, agents,
affiliates, and associates reserve the right to place bids
on properties up to the sellers? reserve price, if desired,
at their sole discretion. Purchaser understands that sellers
shall not tender bids above its reserve price.
3. Seller and auctioneer and their
employees, agents, contractors, officers and directors shall
not be liable or bound in any manner by any oral or written
statements, representations or information pertaining to the
property, or the operation thereof, that is furnished by any
real estate broker, agent, employee or other person. Seller
makes no representations or warranties with respect to the
physical condition or any other aspect of the property,
including without limitation the structural integrity of any
improvements on the property, the conformity of the
improvements to any plans or specifications for the property
that may be provided to buyer, the conformity of the
property to applicable zoning or building code requirements,
the existence of soil instability, past soil repairs,
susceptibility to landslides, sufficiency of under shoring,
sufficiency of drainage, or any other matter affecting the
stability or integrity of the land or any buildings or
improvements situated thereon.
4. Buyer and anyone claiming by,
through or under buyer, hereby fully and irrevocably release
seller and broker and auctioneer and their respective
employees, officers, directors, representatives and agents
from any and all claims that buyer may now have or hereafter
acquire against seller and broker, their employees,
officers, directors, representatives and agents for any
cost, loss, liability, damage, expense, demand, action or
cause of action arising from or related to any construction
defects, errors, omissions or other conditions, including
environmental matters, affecting the property, or any
portion thereof. This release includes claims of which buyer
is presently unaware or which buyer does not presently
suspect to exist in his favor which, if known by buyer,
would materially affect buyer?s release of seller and broker
and auctioneer. It is understood and agreed that the
purchase price has been adjusted by prior negotiation to
reflect that the property is sold by the seller and
purchased by buyer subject to the foregoing.
5. Buyer assumes entire responsibility
and liability for any claim or actions based on or arising
out of injuries, including death, to persons or damages to
or destruction or loss of property, sustained or alleged to
have been sustained by buyer, its agents, principals and/or
employees, in connection with or to have arisen out of or
incidental to the auction, including but not limited to the
performance of this contract, regardless of whether such
claims or actions are founded in whole or in part upon
alleged negligence or negligent misrepresentations of
seller, auctioneer, or the employees, agents, invitees, or
licensees thereof. Buyer further agrees to indemnify and
hold harmless seller, auctioneer and their representatives,
and the employees, agents, invitees and licensees thereof in
respect of any such matters and agrees to defend any claim
or suit or action brought against seller, auctioneer, and
employees, agents, invitees, and licensees thereof.
6. The Auctioneer reserves the right to
withdraw from the sale any of the items, to sell items not
listed, to group or subdivide one or more lots, or to sell
all the items listed in bulk. Items are generally sold to
the highest bidder but some may be subject to the seller?s
right of confirmation. The Auctioneer has the right to
reject any nominal or fractional bid which he believes may
negatively affect the sale. The Auction Company may amend,
change, modify, discontinue or suspend any aspect of the
auction sale without notice and without liability to
prospective bidders. Additional terms and conditions of
sale may be added and will be announced and/or posted on the
premises prior to the Auction.
7. By pressing ?Submit? and submitting your request to
register as a bidder for the on-line auction. Bidder as
purchaser acknowledges receipt of these Terms and Conditions
of On-Line Auction Sales and unconditionally agrees to be
bound by the terms and conditions herein as a condition of
bidder registration.
8. Please call our office at (518) 895-8150 with any
questions.

By Registering to bid you unconditionally agree to be bound
by the terms and conditions contained herein as well as any
additional auction terms.