BROLYN Terms and Conditions 1. Bidder may be required to give full name, address, driver’s license number, and valid credit card at the time of registration. International bidders may be asked to submit a refundable deposit of $5000 to be approved to bid or have arrangements made with our office to be approved to bid. 2. At the Auctioneer’s discretion, Buyer may be required to make an electronic deposit. 3. The Auctioneer in its sole discretion may impose a Buyer’s Premium on any goods sold. The Buyer’s Premium is a percentage that is added to the final purchase price of any items. 4. All invoices must be paid within 48 hours of receipt of invoice. If not paid within 48 hours, Auctioneer reserves the right to process payment on the credit card on file. In the absence of payment, title to the lot shall not transfer to the successful Buyer and such Buyer will lose any right, title, or interest such Buyer may have acquired, and the deposit paid, if any, without further notice to such Buyer. The Buyer shall nonetheless remain liable for any damages caused by the Buyer’s failure to pay. Where required by law, any applicable sales tax will be applied to all sales unless buyer has proper exemption. Business and personal checks may be accepted with a bank letter of authorization guaranteeing funds to “Brolyn LLC”. The full purchase price on all lots sold to the same Buyer must be paid within the time specified and prior to any removal of any goods. No merchandise will be released until invoice is paid in full. 5. In default of payment of invoice in full within the time 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, may be charged to the defaulting successful bidder. 6. All purchases must be removed during the announced or publicized removal period. All goods are sold “As is. Where Is”. Removal shall be at the expense, risk, and liability of the Buyer. Purchases will only be released upon presentation of a paid bill. Auctioneer shall not be responsible for goods not removed within the time allowed, but shall have the option to remove and store at the expense and risk of the Buyer any article purchased but not paid for and removed within the time aforesaid. It is the responsibility of the Buyer to completely remove any article purchased and should any part of such article be abandoned, the Buyer will be liable for any expenses involved with its removal. 7. Auctioneer, any owner, or secured party shall not, in any event, be liable to any Buyer for non-delivery of any lot of for any other matter or thing, other than for the return to the Buyer of the deposit or sum paid on said lot should the Buyer be entitled thereto. This means that if a Buyer 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. 8. The Auctioneer and any owner, seller, or secured party make no warranties express or implied as to the 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 the 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 the successful bidder “AS IS”, “WHERE IS”, and “WITH ALL FAULTS”. Auctioneer makes no warranties or guarantees whatso ever 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. 9. Where items are sold by estimated weight, count, or measure, the Buyer will be invoiced for and required to pay for the estimated weight, count, or measure. If upon delivery any shortage exists, the Buyer will receive a credit at the rate of the bid. If there is an excess, the Buyer will be required to take and pay for such excess at the rate of the bid. 10. Persons attending during exhibition, sale, or removal of goods assume all risks of damage of or loss to person and property and specifically release the Auctioneer from liability therefor. Neither the Auctioneer nor his principal shall be liable by reason or any defect in or condition of the premises on which the sale is held. 11. Buyer shall defend and indemnify and hold auctioneer and seller harmless from and against all claims and liabilities relating to the condition of, removal of, or use of the articles purchased or failure of user to follow instructions, warning, or recommendations of the manufacturer, or to comply with federal, state, and local laws applicable to such articles including OSHA requirements, EPA requirements, or for proximate or consequential damages, costs, or legal expenses arising there from. 12. 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 fractional or nominal bid advance at the Auctioneer’s sole discretion. 13. The Auctioneer is solely an agent of the seller. On lots upon which there is a reserve, the Auctioneer shall have the right to bid on behalf of the Seller until the reserve price has been met. 14. Auctioneer reserves the right to bid on behalf of the owner, seller, or secured parties. 15. All Buyers, or the Buyer’s riggers, must provide the Auctioneer, Owner, and Landlord a certificate of insurance in amounts acceptable to the above parties prior to removal of any machinery and equipment if operating motorized equipment is required in the removal process. 16. All coolants, oils, 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 of the Buyer. 17. The Auctioneer may modify or supplement these terms and conditions of sale by language in a catalog available at the sale site or by announcement at the start of the sale. Close