APPARATEBAU NORDHAUSEN 5,000 Gallon SS Insulated Storage Tank

Total purchases to be paid within 48 hours following the auction in cashiers check, credit card or wired funds. All purchases must be removed within period announced by auctioneer. All descriptions are believed to be correct, but no guarantees or warranties are made by auctioneer as to nomenclature or age. Everything sold on an "as is" basis.

INTERNET BUYERS PREMIUM IS 15%.

Terms and Conditions:

THE MACHINERY IS PURCHASED BY THE BUYER "AS IS" AND "WITH ALL FAULTS," AND SMB MAKES NO REPRESENTATION OR WARRANTY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO THE MACHINERY.

SHIPMENT, INSURANCE AND RISK OF LOSS. All costs of transport borne by Buyer. Buyer shall accept the Machinery F.O.B. SMB's facility, Ball Ground, Georgia, or where the Machinery is located. The risk of loss or destruction of, or damages to, the Machinery shall be on Buyer from the earlier of (i) the delivery of the Machinery to carrier, or (ii) the Buyer’s payment of the purchase price in full, plus all accrued interest, if any.

HAZARDOUS CHEMICALS OR MATERIALS. Buyer acknowledges that the Machinery may bear or contain hazardous chemicals or other hazardous materials which may be or may become directly or indirectly hazardous to life, to health, or to property. To the fullest extent permitted by law, Buyer does hereby discharge SMB from any and all liability directly or indirectly resulting from the presence of hazardous chemicals or other hazardous materials, including and not limited to any and all liability directly or indirectly resulting from the failure of SMB to give a warning with respect to such chemicals or materials, or from the alleged inadequacy of any warning that may have been given.

DISCLAIMER OF LIABILITY AND INDEMNIFICATION. Buyer hereby agrees to defend, indemnify and hold harmless SMB and its directors, officers, employees and other agents and representatives from and against any and all liabilities, judgments, claims, settlements, losses, damages, penalties, obligations and expenses, including attorney's fees and expenses and other professional fees and expenses, incurred or suffered by Buyer arising from, by reason of, or in connection with any loss, damage or injury to person or property arising from, by reason of or in connection with the Machinery hereunder, irrespective of whether such claim, damage or expense is caused, or alleged to be caused, in part by the sole, joint, several, or comparative negligence, breach of contract or warranty, or any other legal theory asserted against SMB. This indemnification shall survive delivery of the Machinery to Buyer and any subsequent sale or other transfer of the Machinery to a third party.

LIMITATION OF DAMAGES. Buyer acknowledges that SMB’s liability shall be limited to refunding any payments made by Buyer (i) with respect to Machinery SMB authorized in writing to be returned or (ii) with respect to Machinery ordered but not shipped by SMB upon SMB's written agreement to cancel the purchase.

FORCE MAJEURE. SMB's ability to ship the Machinery may be affected by causes or events beyond its reasonable control, including by way of illustration, but not limitation, acts of God, war, sabotage, accidents, riots, fire, explosion, flood, strike, lockout, injunction, inability to obtain fuel, power, raw materials, labor, lack of containers or transportation facilities, or accident. SMB shall have no liability for the failure to ship or deliver Machinery in the event of such force majeure and SMB's obligation to complete the delivery of Machinery shall be suspended during such force majeure event and for a reasonable period of time thereafter; provided, however, that those Terms and Conditions herein not otherwise affected by the force majeure event shall remain in effect.

GOVERNING LAW/FORUM. This Invoice and these Terms and Conditions shall be construed according to the laws of the State of Georgia, notwithstanding any state’s choice of law rules to the contrary. The parties agree that venue for any claim or controversy arising from or relating to this Invoice, the performance or breach thereof, or the transaction contemplated hereunder shall only be brought in the State or Superior Court of Cherokee County, Georgia. In the event any party institutes legal proceedings to enforce its respective rights arising out of this Invoice or these Terms and Conditions, the prevailing party shall be entitled to the award of attorneys' fees and court costs, plus cost of executing, enforcing and/or collecting any judgment at all trial and appellate levels.

WAIVER. No delay or failure on the part of SMB in exercising any right, privilege or remedy under law or hereunder shall operate as a waiver of such or of any other right, privilege or remedy.