***Remove this line and amend
terms as needed-Below are
terms from last auction on
March 1st, 2010***

1. The services provided
by Aaron Equipment Company
(?Auctioneer?) are governed
by these Terms and Conditions.
By participating in this
auction, you consent to be
bound by these Terms and
Conditions as well as by any
additional terms that may be
imposed by the seller or
announced at the sale. (D-1)
2. Auctioneer reserves
the right to sell articles by
individual group lots and ?EN
BLOC?, as it deems
appropriate. The Auctioneer
reserves the right to sell on
behalf of third parties, for
its own account or for the
account of others, and may
reject any and all bids. The
Auctioneer reserves the right
to refuse the privilege of
bidding or attending the
auction and may revoke such
privilege at any time. (H-8,
18)
3. Any disputes as to
bidding shall be settled by
the Auctioneer at its sole
discretion and the Auctioneer
may, at its discretion, put
any lot in dispute up for sale
again. The Auctioneer is to
regulate the bidding, shall be
the sole arbiter in any
disputes related to the
bidding, and the Auctioneer?s
decision shall be final and
binding on all bidders. No
bidder may retract his bid.
(H-9)
4. Only Visa, MasterCard,
American Express, cash, wire
transfer, cashier?s check or
a company check accompanied by
a letter of guarantee from a
bank payable to Aaron
Equipment Company will be
accepted. The balance and
full payment for all items
purchased is due to Aaron
Equipment Company upon receipt
of invoice. (R-1)
5. Auctioneer shall
charge and collect from each
successful bidder a 13%
buyer?s premium for each sale
at the auction, in addition to
the purchase price as bid.
Purchasers who pay in the form
of cash, cashier?s check,
company check (with a letter
of guarantee) or wire
transfer, shall receive a
discount from the buyer?s
premium equal to 3% of the
purchase price provided
payment in full is received by
Auctioneer within 48 hours
from receipt of invoice. (D
7)
6. Collection of
applicable taxes will be in
accordance with the laws of
the state where the purchased
asset is located, and shall be
paid by purchaser. (D-8).
7. Title to the offered
item shall pass to purchaser
upon (i) the payment in full
to Auctioneer; and (ii)
removal of purchased item from
the premises, subject to
compliance by purchaser of all
other terms of sale.
Auctioneer reserves the right
to cancel or void the sale of
any items purchased by
purchaser up to the time such
items are removed from the
premises by purchaser. (R-4)
8. If the Auctioneer is
unable to deliver an article
sold to a purchaser due to
fire, theft or any other
reason whatsoever, the
Auctioneer shall reimburse the
purchaser for all monies paid
to the Auctioneer in respect
of the article and the
Auctioneer shall have no
further liability to the
purchaser arising from or
relating to such loss,
including without limitation,
any damages for loss of
profits, travel time,
expenses, or lost time. (H-
17)
9. Bidders shall examine
or inspect items prior to the
day of the auction or by
appointment. ALL ITEMS ARE
SOLD AS IS, WHERE IS AND WITH
ALL FAULTS. NEITHER SELLER
NOR AUCTIONEER MAKES ANY
WARRANTY, EXPRESS OR IMPLIED,
AS TO THE NATURE, QUALITY,
VALUE OR CONDITION OF ANY
ASSET. AUCTIONEER AND SELLER
EXPRESSLY DISCLAIM ANY
WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT.
(H-10 Last line) Descriptions
have been prepared for guide
purposes only and shall not be
relied upon by the purchaser
for accuracy or completeness.
Purchasers shall be deemed to
have relied entirely upon
their own inspections and
investigations. (D-5)
10. All articles purchased
shall be removed within the
time frame specified by the
Auctioneer (providing payment
has been received by
Auctioneer). The purchaser
shall be responsible for all
costs of removal and shall be
liable for any damage,
including without limitation,
any environmental damage,
caused during or as a result
of the removal. Purchasers
shall comply with all
environmental laws and
regulations and all
requirements established by
the Auctioneer for the removal
of articles, including
requirements as to bonding of
independent contractors. All
independent contractors must
provide the Auctioneer, seller
and landlord certificates of
liability and worker?s
compensation insurance in
amounts acceptable to the
above parties. The Auctioneer
has sole discretion to refuse
any independent contractor
from working on the premises.
( H-13 & 14) If items are not
removed within the specified
time for removal, (i) such
items will be deemed abandoned
by the purchaser, (ii)
purchaser shall forfeit all
monies paid to Auctioneer for
the purchase of such item(s),
including any rigging costs
and (iii) purchaser shall
forfeit the right to purchase
such item(s). In addition,
purchaser shall be responsible
for all damages suffered by
purchaser, including, but not
limited to, any dismantling,
transportation, storage or
other costs, including
attorney?s fees incurred by
Auctioneer as a consequence of
purchaser?s failure to remove
such item(s). (H-9)
11. Bidder acknowledges
that an auction site is a
potentially dangerous place
with noxious, corrosive and
pressurized substances being
present, heavy equipment being
operated and electric circuits
being live. Every person at
the auction site before,
during and after the auction
sale shall be deemed to be
there at their own risk with
notice of the condition of the
premises, the activities on
the premises and the conduct
of third parties and the
Bidder shall so advise his
agents and employees. No
person shall have any claim
against the Auctioneers, their
agents, employees or
principals for any injuries
sustained nor for damages to
or loss of property which may
occur from any cause
whatsoever. (H-20).
12. Purchaser shall
indemnify, hold harmless and
defend Auctioneer and the
seller from and against any
and all losses, damages,
liabilities and claims, and
all attorneys fees, costs and
expenses arising out of, based
upon or resulting from (i) any
loss or injury resulting from
purchaser?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
Auctioneer, the seller, or
their respective agents,
representatives or employees,
relating to or affecting the
goods bid on and or purchased
by purchaser, or (iii) any
injury to purchaser or any
other person or property of
any type whatsoever caused
during the inspection,
auction, dismantling,
removing, transporting or use
of the items purchased. (R-13)
13. Purchaser will
indemnify, defend and hold
Auctioneer and seller harmless
with respect to all costs,
expenses, liabilities, damages
or claims, including without
limitation, attorneys fees,
asserted by any person, entity
or governmental agency or
against Auctioneer or seller
directly or indirectly
relating in any manner to any
hazardous or toxic materials,
which may be regulated under
applicable laws, rules or
regulations, (collectively,
Hazardous Materials) and which
relate in any way to the
dismantling or removal of any
purchased item. Neither
Auctioneer nor seller shall be
obligated to sell any items
which contain any hazardous
materials, or to incur any
costs or expenses relating in
any manner, either directly or
indirectly, to any hazardous
materials. Purchaser will be
responsible for any and all
remediation costs related to
the dismantling and removal of
any purchased item. (R-14)
14. Auctioneer or seller
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, including, but not
limited to telecommunication
or internet bidding services.
(R-15)
15. These Terms and
Conditions and the standard
terms and conditions of Aaron
Equipment Company which can be
found at aaronequipment.com
apply to each sale, and all
questions with respect to the
interpretation of these Terms
and Conditions, shall be
governed by and construed in
accordance with the internal
laws of the State of Illinois,
without regard to conflict of
laws provisions. All bidders
acknowledge that they have
reviewed these terms and
conditions and the standard
terms and conditions of Aaron
Equipment Company. To the
extent that there is any
conflict or inconsistency
between these Terms and
Conditions and the standard
terms and conditions of Aaron
Equipment Company, the
standard terms of Aaron
Equipment Company shall
control. All bidders
expressly consent to personal
and exclusive jurisdiction in
the courts of the State of
Illinois located in DuPage
County. (D- 19).