Auction Terms:All Items are offered "AS-IS" "WHERE-IS". Terms: 15% Buyers Premium for Online Bidders - After The Auction Is Complete, An Email Invoice Will Be Sent To The Email Address You Provided and your credit card on file shall be charged immediately following the auction. If you wish to pick up the items in person and pay with cash please notify the auction company by e-mail prior to the ending of the auction. We Try Our Best To Ship All Auction Items In The Order That They Are Paid. On-line & Absentee Bidding Terms: 1. Royston Auction Company has put forth every effort in preparing the catalog for this auction to provide accurate descriptions of all items. All property is sold 'as-is' and it is the bidder is responsibility to determine the exact condition of each item. Printed statements or descriptions by staff are provided in good faith and are matters of opinion. The seller has represented all descriptions made on these items and Royston Auction Company has no knowledge and does not represent any item or their origin of purchase. 2. A 15% Buyer's Premium will be added to the total purchase for the on-line bidding. Discounts and/or other charges may apply so read the Payment Instructions thoroughly. 3. All accounts must be settled at the conclusion of the auction. A pre-auction authorization will be performed to establish available credit. 4. If you win an item in the auction you will be notified by email. Buyer's credit card on file will be charged immediately. A seperate shipping charge shall also apply and be charged to he credit card on file. 5. In order to better serve our customers, all bidders must provide their name, address, daytime phone number, and email address at which they can be contacted. This is to insure good communication between Royston Auction Company and the bidder throughout any transactions. 6. The purchaser agrees to pay all reasonable attorney fees and costs incurred by the auction company in the collection of funds. The purchaser also agrees that a fee of 2% per month be added to the balance of any unpaid balance due the auction company and any other costs or losses incurred by the purchaser’s failure to adhere to these terms. Any debt collection or dispute proceedings will be heard in Carter County, Tennessee 7. All sales are final. 8. By bidding on any item, the bidder shows acceptance of the terms of the auction. 9.The auction company reserves the right to refuse service to any person at anytime during the auction. AUCTION TERMS AND CONDITIONS OF SELLER 1. Description of the Property. A modular detention system consisting of five (5) double-wide units set together in an “H” design (hereinafter referred to as “the property”). The property is located at 900 East Elk Avenue, Elizabethton, TN 37643. The property consists of dayroom areas, laundry area, medium security inmate housing areas, and a central control area. Any other contents of the property, including but not limited to, the beds, electronic equipment, and radio equipment are not included with the property. The property does include all attached structures, including but not limited to, the HVAC units. 2. Property Sold “As Is, Where Is” The property is being sold by Carter County, Tennessee “AS IS, WHERE IS”, UNSUPPORTED, WITHOUT WARRANTY OF ANY KIND AND SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. This property is being sold in its actual current condition, with all faults and defects, and with all errors of any description. Bidders accept the property “with all faults”, whether or not immediately apparent. Bidders are responsible for ascertaining actual current condition through personal inspection and careful review of the description, pictures, and/or support documentation. Every bidder agrees that his or her decision to bid and the amount he or she bids have been based solely on his or her own independent inspection and evaluation of the property. 3. Removal Specifications. The successful bidder shall remove the property in its entirety, including all attached structures, within sixty (45) days of the successful bid. The successful bidder shall be responsible for the proper disconnection and/or removal of all utility connections in accordance with the applicable laws, regulations, ordinances, and each individual utility company’s requirements. The successful bidder shall also be responsible for the removal of the foundation of the property and all site clean-up, which includes the complete removal and disposal of any and all trash, debris, or matter of any kind whatsoever produced by or resulting from the disassembly, removal, or transport of the property. The successful bidder shall obtain any permits that may be required to comply with the above removal specifications and to safely and legally move the property. The successful bidder shall be responsible for all costs of mobilization, disassembly, rigging, transport, insurance and any other costs related to physical transfer of the property from its location at the time auction bidding ends. Furthermore, the successful bidder and their agents, employees, representatives, heirs, and assigns shall use reasonable care to avoid damage to any surrounding structures, real property, or personal property while preparing, disassembling, removing, or transporting the property. 4. Release from Liability. By making a bid on the property, all bidders and their respective agents, employees, representatives, heirs, and assigns forever release, acquit, discharge, indemnify and hold harmless Carter County, Tennessee, the City of Elizabethton, and any and all of their respective agents, employees, advisors, or representatives from and against any and all claims, damages, disabilities, expenses, causes of action or demands of any nature of cause whatsoever, including costs and attorney fees, asserted by any person or entity, arising out of or relating to the inspection, purchase, disassembly, removal, clean-up, or transport of the property. 5. Insurance. The successful bidder and/or any agent or representative hired by the successful bidder shall be required to submit proof of an insurance policy to Carter County, Tennessee prior to any actual presence on the land to begin any preparations to disassemble or transport any portion of the property. Said insurance policy shall be required in an amount no less than one million dollars to cover any potential liability for any claims of any type relating to the disassembly, removal, or transport of the property, including but not limited to, worker’s compensation, personal injury, or property damage claims. 6. Payment. The successful bidder shall execute a purchase agreement and render payment in the full amount of the winning bid within five (5) business days of the close of the auction. Said payment shall be made to Carter County, Tennessee in the form of cash or certified check. The successful bidder shall also be responsible for any and all fees required by the auction company. Should the successful bidder fail to execute the purchase agreement or render payment in full within five (5) business days of the close of the auction, the property may be offered to the next highest bidder. 7. Choice of Law. The laws of the State of Tennessee shall apply to any dispute arising from or relating to the auction, disassembly, removal, or transport of the property. 8. Forum Selection. By making a bid on the property, all bidders and their respective agents, employees, representatives, heirs, and assigns agree that should any matter arising from or relating to the auction, disassembly, removal, or transport of the property be litigated, the exclusive forum for said litigation shall be in Carter County, Tennessee. 9. No Waiver. These terms and conditions may not be waived or modified except by an express agreement in writing signed by Carter County, Tennessee and the successful bidder or the agent, employee, representative, heir, or assign of the successful bidder. The failure of Carter County, Tennessee to enforce, or the delay in enforcing, any of the terms and conditions contained herein will not be deemed a continuing waiver or a modification of said terms or conditions.