A valid credit card is required for bidder registration but will not be allowed to pay for assets.

TERMS OF SALE

NOTICE: All Bidders and other persons attending this sale ("Bidders") agree

that they have read and have full knowledge of these terms and agree to be

bound hereby. The Bidder identified by the Auctioneer as the high bidder or

successful bidder at auction ("successful Bidder") shall have entered into a

legally binding contract to purchase the item bid upon ("Lot") at the price

and subject to the terms and conditions set forth herein. All

determinations, rulings, and adjustments made by the Auctioneer in good

faith shall be final, binding, and conclusive upon all Bidders. The term

"Auctioneer" herein means Mohawk Machinery Liquidators.

1. IDENTIFICATION - All Bidders are required to fill out all registration

forms before becoming approved.

2. DEPOSIT - Each successful Bidder will be required to make a deposit in cash or by bank cashier?s or certified check of 25 percent (25%) of the

successful bid on each Lot at time of knockdown. In default of such

deposit, the Lot may be put up again immediately and resold.

3. TIME OF PAYMENT: Each successful Bidder shall receive an invoice during

or at the conclusion of the auction. All invoices must be paid in full by

the close of business on the last day of the auction sale and prior to

removing any Lot. Any other arrangements must be made with auctioneer prior

to bidding. In the absence of payment or agreement by the auctioneer, title

to the Lot shall not transfer to the successful Bidder and such Bidder will

lose any right, title or interest such Bidder may have acquired, and the

deposit paid, if any, without further notice to such Bidder. The Bidder

shall nonetheless remain liable for any damages caused by the Bidder?s

failure to pay.

4. REMOVAL - All purchases must be removed not later than the date

specified in the Auction Catalogue and/or announced at the sale. No Lot can,

on any account, be removed during the sale. All goods are sold ?Where Is.?

Removal shall be at the expense, risk, and liability of the successful

Bidder. Purchases will be released only on presentation of paid invoice.

Auctioneer shall not be responsible for Lots not removed within the time

allowed, but Auctioneer shall have the option to remove and store at the

expense and risk of the successful Bidder any article purchased, but not

paid for and removed within the time required.

5. MANNER OF PAYMENT: All payments must be made by cash, bank cashier?s

check or company check with a bank letter of authorization guaranteeing

funds to ?Cincinnati Industrial Auctioneers, Inc.? All checks for deposits

and balances due shall be payable to the order of ?Cincinnati Industrial

Auctioneers, Inc." All invoices must be paid to representatives of the

Auctioneer at the auction site unless otherwise announced. The full purchase

price on all Lots sold to the same successful Bidder must be paid within the

time fixed and before removal of any Lot.

6. DISCALIMER OF ALL WARRANTIES INCLUDING IMPLIED WARRANTIES OF

MERCHANTIBILITY AND FITNESS FOR PARTICULAR PURPOSE; CONDITION OF ARTICLES

SOLD: The Auctioneer and any owner, seller, or secured party make no

warranties express or implied as to merchantability or fitness for purpose

whatsoever. All such express or implied warranties are expressly excluded

hereby. No oral statement or other writing by any person negates this

exclusion. If you think you have received any assurance or warranty of any

kind as to a Lot offered in this auction do not bid on such item unless the

Auctioneer has signed a writing specifically directed to you and

identifying the Lot and stating the modification of this exclusion 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 will be set aside nor allowance made on

account of any incorrectness, error in commentary, cataloging, or any

imperfection not noted. No deduction, credit or avoidance shall be allowed

on damaged articles, all Lots being exposed for public exhibition are

purchased and accepted by successful Bidder "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, usability,

salability, weight, measurement, age, model, mechanical condition,

performance or other specifications and all sales made are utterly without

recourse.

7. CLAIMS: No Claims will be allowed after removal of Lots from premises.

8. RESPONSIBILITY FOR NON-DELIVERY- Auctioneer, any owner, seller or

secured party shall not, in any event, be liable to any Bidder for non-

delivery of any Lot or for any other matter or thing, other than for the

return to the successful Bidder of the deposit or sum paid on said Lot,

should the successful Bidder be entitled thereto. This means that if are a

successful Bidder and for any reason your Lot is not made available to you,

you agree that the damages you may claim for such non-delivery are limited

to the amounts you have paid and you waive any claim for damages for lost

profits, opportunity, the value of the Lot in excess of the purchase price,

your time, expenses, incidental and consequential damages, all of which are

expressly waived.

9. COMPLIANCE WITH TERMS OF SALE: In default of payment of invoices 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

otherwise, as liquidated damages. Lots not paid for and removed within the

time allowed herein may be resold at public or private sale without further

notice, and any deficiency, together with all expenses and charges of re-

sale, will be charged to the defaulting successful Bidder.

10. RISK TO PERSON AND PROPERTY: Persons attending during exhibition, sale,

or removal of Lots assume all risks of damage of or loss to person and

property and specifically release the Auctioneer from liability therefore

and agree to indemnify and hold the Auctioneer harmless from any loss,

claim, liability, cost, or expense caused all or in part by such person(s).

Neither the auctioneer nor his principal shall be liable by reason of any

defect in or condition of the premises on which the exhibition, sale, or

removal of Lots is held.

11. ADDITION TO OR WITHDRAWAL FROM SALE: The Auctioneer reserves the right

to alter the order of the sale, withdrawal from the sale any of the Lots or

parts thereof or to sell at this sale Lots 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, or make any combination thereof

which Auctioneer in its sole discretion determines. Whenever the best

interest of the Seller will be served, the Auctioneer reserves the right to

sell Lots in bulk.

12. SALE BY ESTIMATED WEIGHT, COUNT OR MEASURE: Where items are sold by

estimated weight, count, or measure, the successful Bidder will be invoiced

for and required to pay for the estimated weight, count, or measure. If

upon delivery any shortage exists, the successful Bidder will receive a

credit at the rate of the bid. If there be an excess, the successful Bidder

will be required to take and pay for such excess, at the rate of the bid.

13. DISPUTE BETWEEN BIDDERS/BID INCREMENTS: 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, or resell to the highest Bidder. The Auctioneer may

reject a nominal or fractional bid advance in the Auctioneer?s sole

discretion

14. 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, owner or secured party and shall have no

obligation to denote or announce such reserve or bid.

15. RECORDS: The record of sale kept by the Auctioneer and bookkeeper will

be taken as final in the event of any dispute.

16. AGENCY: The Auctioneer is acting as agent only and is not responsible

for the acts of its principals.

17. SALES TAX: All sales are subject to state and local taxes, which will

be collected from the successful Bidder unless a proper exemption

certificate including tax-exempt number is presented at the time of payment.

18. BUYER?S PREMIUM: The Auctioneer in its sole discretion may impose a

Buyer?s Premium on any Lots sold. The Buyer?s Premium is a percentage that

is added to the final purchase price of any Lot.

19. SHIPPING: All coolants, oil and fluids must be drained from all

machinery and equipment prior to removal. All of the above must be shipped

in compliance with state and federal regulations. Unless otherwise expressly

provided in writing, preparation and shipment shall be at the sole

responsibility and cost of the successful Bidder.

20. INSURANCE: All successful Bidders, or the their riggers must provide

the Auctioneer and the owner of the premises of the sale a certificate of

insurance in amounts acceptable to the Auctioneer prior to removal of any

Lot.

21. ADDITIONAL TERMS AND CONDITIONS: Except as set forth in Section 6

above, the Auctioneer may modify or supplement these terms and conditions of

sale by language in the catalog available at the sale site or by

announcement at the start of the sale.