2005 CATERPILLAR 268B 1209

By accepting the terms and conditions of this auction you acknowledge you are entering into a legal and binding contract. You agree to abide by all terms and conditions, and you acknowledge receipt of all explanations and information made available by Ulmer Auction Service. By entering into this Agreement Purchaser hereby certifies that Purchaser is at least 18 years old and under no legal limitations with respect to Purchaser’s ability to enter into binding contracts. IF YOU DO NOT HAVE THE MONEY, DO NOT BID! By agreeing to The Terms & Conditions you are agreeing to, and entering into, a legal and binding contract. Bids may not be cancelled or retracted for any reason. WE say again - IF YOU DO NOT HAVE THE MONEY, DO NOT BID! ACCEPTANCE Purchaser’s registration as a bidder shall act as their acceptance to all terms and conditions of this Agreement. Ulmer Auction Service is under no obligation to provide the Purchaser with notice that Purchaser’s registration has been accepted in order to bind Purchaser to the terms and conditions of this Agreement. Sales Tax All appropriate state sales tax laws apply per location of possession, seller, and type of equipment. Please note some items may or may not qualify for an exemption based on the state the item is located in at time of sale. Sales tax can only be removed from the buyer’s invoice once all required forms have been completed, submitted and validated. No items will be released to the buyer until payment is received in full by Ulmer Auction Service. Payment in full includes the payment of all applicable sales tax or the submission of all appropriate sales tax exemption forms. South Dakota Sales Tax Removal/Reimbursement Policy Purchase of any item physically located in South Dakota will be subject to applicable State, County and City Sales tax based on location. All buyers will be required to pay these taxes up front at time of purchase. If an Out of State buyer chooses to hire a third-party hauler to move their item from South Dakota to an out of state location to forego paying said sales tax, it is the buyer’s responsibility to provide Ulmer Auction Service with a copy of their Bill of Lading in a timely manner. No tax will be removed without this documentation. Auction buyers will have three (3) weeks following the date of sale to remit a valid Bill of Lading for sales tax reimbursement. Any customer making remittances or wanting to remove the tax after that time frame will be charged a processing fee up to 10%, with a minimum charge of $50.00. PAYMENT All payments must be made in U.S. dollars. Buyer's Premium of 6% capped at $1475 will be applied to all online purchases. ***Note - Winning on-line bidders will receive an email notice with your invoice attached and wiring instructions within the body of the email. This usually occurs within an hour of the winning bid but can sometimes take longer. If you have not received your invoice by the following day, please contact our office at 701-288-1611 or 701-535-1611. You agree to make payment for all online purchases in US funds within 5 days of the sale by one of the acceptable forms of payment. All NSF checks will be charged a $90 fee. Purchases will not be released until full payment has been received by our office. When paying within the stated time and with our acceptable payment methods: Acceptable forms of payment: • Cash • Wire Transfer ($35 wire fee charged) • Cashier’s Check • Personal or company check (accompanied by a Bank Letter of Guarantee). • Credit Card (Visa, Mastercard, Discover, American Express: Requires additional 3.5% Service Fee on full purchase amount) After an item has been sold, it becomes the sole responsibility of the purchaser. All items must be removed from Auction site/Seller’s Property within 60 days from auction date. If you fail to remove your item(s), it may be seen as evidence of your intention to abandon the property. ABANDONMENT POLICY This notice is to inform you of our policies and procedures regarding any purchased item(s) that have not been removed by the buyer in a timely manner. Upon winning the bid for an item(s), after paying for the item(s) purchased, the buyer is obligated to remove the item(s) from the auction site within a timely manner. Ulmer Auction Service may deem a buyer’s failure to claim and remove item(s) or contact us to make arrangements for removal of item(s), within 60 days (up to 180 days may be possible if we are kept aware in writing) following the close of an auction as evidence of the buyer’s intention to abandon the item. In these cases, Ulmer Auction Service will resell the item(s). After selling the item(s) Ulmer Auction Service will remit the sales proceeds to the abandoning buyer, less selling and advertising expenses, storage costs, plus a 20% administrative fee. In the case of titled vehicles, the buyer agrees to promptly return the title for said vehicle to Ulmer Auction Service within 7 days after said vehicle has been considered abandoned by these terms. In the event the buyer fails to do so, the buyer hereby irrevocably appoints Ulmer Auction Services as its power of attorney for the purpose of applying for a lost, or other such replacement title, including any associated paperwork needed to obtain such title, so as to allow for the re-sale thereof. In the event of re-sale, upon receipt by Ulmer Auction Service of such resale amount, any proceeds remaining after the deductions as set forth herein, will be returned to the abandoning buyer, provided Ulmer Auction Service is able to determine a method for doing so. It shall be the duty and responsibility of the buyer to keep Ulmer Auction Service updated on the buyer’s correct contact information. The buyer agrees to indemnify and hold Ulmer Auction Service harmless from the buyer’s failure to timely remove the purchased item(s) as agreed, as well as for the buyer’s failure to keep Ulmer Auction Service updated on the buyer’s current contact information. NO WARRANTIES – ALL SALES ARE FINAL - ALL GOODS ARE SOLD “AS IS, WHERE IS” Ulmer Auction Service makes every effort to accurately describe all items to the best of our knowledge, but there is the possibility of error. Ulmer Auction Service is not responsible for any errors or omissions in the description of merchandise. Auction Catalog is a guide-only. Ulmer Auction Service reserves the right to group lots, reduce or add quantity to lots, add lots, or delete lots. Announcements made the day of the sale take precedence over written or advertised announcements, but do not alter, in any way, the terms and conditions of the sale. Please inspect all items before bidding. Ulmer Auction Service makes no warranties, expressed or implied. No testing or operational assessments have been made on items sold at auction. Ulmer Auction only reports hours and miles that are shown on the meter at the time of listing for auction and makes no guarantees the mile/hours shown on meter are the actual miles/hours. It is the Bidder’s responsibility to determine the condition, age, genuineness, value, or any other determinative factor of items for sale, prior to the sale. The Seller’s contact information and location of the item are provided within the listing description of each item for sale. Potential Bidders should contact the seller for the exact location of an item, along with directions, and inspect the item before bidding. In no event does failure to contact the seller or failure to inspect an item prior to bidding serve as grounds for collapsing the sale, rescinding the transaction, or requesting a rebate or refund. Failure to inspect an item prior to bidding is not grounds for a dispute, refusal to pay, or a refusal to take possession of the purchased item. AGENTS FOR THE SELLER Ulmer Auction Service and its Employees act as agents for the sellers. All auctions are with reserve unless specifically stated otherwise. Auctions are with undisclosed reserves unless advertised otherwise as “Absolute”. All final bids are subject to the seller’s confirmation. Only the top bidder will be contacted as to the status of his/her bid. The record of sales kept by the auctioneer and clerk will be taken as final. TITLES The buyer appoints Ulmer Auction Service as its agent to accept delivery of a clean and clear title. The buyer will be contacted after the auction is complete via email regarding titling information. Ulmer Auction Service requires all title information including name(s) and complete address be communicated through email or any other written form, for our records. All titles will be endorsed as directed. Title will be forwarded to the buyer via certified mail no sooner than fourteen (14) days after receipt of complete payment, regardless of payment type. There is a $25.00 Title processing fee, charged to the buyer, on all titled items. Ulmer Auction Service is not responsible for any lost titles. Please contact Ulmer Auction Service at 701-535-1611, 701-288-1611 or office@ulmerauction.com with any questions. As a Buyer you have two objectives to accomplish: (1) Purchasing the Item. (2) Purchasing the Item at a price you can afford. How is this accomplished? • Estimate comparative value • Experienced buyers always decide what to pay before the bidding begins • Inspect the Item carefully • Compare with other Items of the same age and similar condition. • Check the selling price of previously sold like Items • Discuss your buying plans with a lender. Have your financing arrangements made in advance • This sale is not subject to financing Avoid Over or Under Bidding • Always bid on an Item toward the price you have in mind • Establish that price before the bidding begins. (By doing this you will avoid getting caught up in the auction excitement and pay a price that is too high for the market or one that you cannot afford. It will also make you confident to bid to your established fair market value. Many bidders who do not plan ahead end up with regrets after the auction because they were too nervous or uncertain about their judgement to bid.) Strategy • Research and know the value of the Item • Have your financing arranged before the auction • Establish your highest and best bid before the bidding begins • Make your bids promptly to force other bidders up or out without delay Thank you for trusting Ulmer Auction Service to be your #1 auction experience.