TERMS & CONDITIONS OF AUCTION SALE

1.             A premium of 18% of the bid price will be added to the cost of each item purchased.

2.             The condition of the merchandise being offered varies.  The buyer understands and agrees: (1) that any description or sample of the merchandise given or furnished by the Auctioneer is solely for identification, and does not create any warranty, expressed or implied, that the merchandise actually conforms to such description or sample; (2) that all merchandise is purchased and accepted by Buyer "AS IS" "WHERE IS" and "WITH ALL FAULTS." AUCTIONEER MAKES NO WARRANTIES OR GUARANTEES WHATSOEVER WHETHER WRITTEN, ORAL OR IMPLIED AS TO QUALITY, QUANTITY, CONDITION, USEABILITY, SALEABILITY, WEIGHT, MEASUREMENT, YEAR, MODEL, MECHANICAL CONDITION, PERFORMANCE, OR OTHER SPECIFICATIONS.  MANUFACTURERS WARRANTIES MAY BE IN EFFECT.

3.             Auctioneer reserves the right to group, reduce, add to or delete lots.  In the event there is a dispute between two or more claims of entitlement as the successful bidder, Auctioneer reserves the right to re-auction the item in dispute.

4.             Any announcements made on the day of the auction take precedence over catalog or other previously announced or documented information, but do not alter in any way the basic terms and conditions of sale.

5.             No checkout will be permitted during the auction sale.  All purchases must be paid in full before merchandise will be released from the premises.  Checkout will begin on the day following the auction sale.  Quantities must be checked before removal of purchases.  No allowances will be made for claims or shortages once items are removed from the Auction premises.

6.             All property must be paid for and picked up in the time frames announced by Auctioneer at time of sale.  If not, the merchandise will be deemed abandoned and Buyer will lose any right, title or interest Buyer may have acquired and the merchandise shall revert and repossess to Auctioneer without further notice to Buyer.

7.             If any applicable conditions are not complied with by Buyer, then, in addition to any other remedies available to Auctioneer, including and without limitation, the right to hold Buyer liable for the total purchase price, Auctioneer may, at its option, (a) cancel the sale, retaining all payments made by Buyer, and/or (b) resell the merchandise at public auction without reserve in which event Buyer will be liable for the cost of removing and reselling the abandoned merchandise, for any deficiency between Buyer's original purchase price and subsequent resale price, Auctioneer's commission, and all other expenses related to the disposal of the abandoned property.  In addition, a defaulting Buyer will be deemed to have granted Auctioneer a security interest in the merchandise which Auctioneer may retain as collateral security for Buyer's obligation to Auctioneer.

8.             Buyer is solely responsible to provide any personnel, equipment or material needed to pick up purchases and shall assume all responsibility for the removal of any item of property purchased at the sale and any and all risks associated with such removal including, without limitations, the responsibility for providing licensed and bonded professionals to ensure proper water, gas and/or power disconnection, and full financial responsibility for any damage or liability to persons or property resulting from any negligent act for omission of buyer or any buyer's employees, agents and/or representatives during pick-up and removal.

9.           Buyer agrees that in the event purchased merchandise contains any environmental hazards, toxic waste or other type of hazardous material in any form whatsoever, Buyer shall provide evidence that Buyer or its representatives are licensed for such removal and shall comply with all applicable local, state and/or federal rules, laws and regulations.  Auctioneer, its agents or representatives will not be responsible for its containment, storage or removal.

10.           Persons in attendance during inspection, sale or removal of merchandise assume all risks of damage or loss to persons, property, or merchandise and shall exercise proper precautions at all times for the protection of persons and property and shall comply with all safety and health requirements as directed by Auctioneer, and local, state and federal regulations.  Neither Auctioneer, its agents, its employees or representatives shall be liable by reason of any defect in or about the condition of the premises on which the auction is held.  Buyer specifically releases Auctioneer, its agents and representatives from all liability thereof.

11.           In no event shall Auctioneer's liability to Buyer exceed the purchase price actually paid.  A Buyer's claim shall be limited to the amount paid for the merchandise, and shall not extend to any obligation; risk; liability; right; claim; remedy for loss of use, revenue or profit; liability of Buyer to any third party; personal injury; or any other direct; indirect, incidental or consequential damages.

12.           Buyer agrees to indemnify, defend and hold harmless Auctioneer and its agents and representatives, from any and all demands, claims, losses, damages and liabilities asserted against, resulting to or imposed upon Auctioneer resulting from the negligence of Buyer or his/her employees, agents and representatives, while in, at or about the auction premises during inspection, sale or removal of merchandise.

13.           The bidder's paddle is nontransferable.  All bids made by the holder of the paddle will be the responsibility of the Buyer.  A successful bid at auction constitutes a legally binding contract of sale.  All sales are final.  No refunds, returns or exchanges.