MGD TRACTOR & EQUIPMENT PA-A4002467 BUYER’S CONTRACT – PLEASE READ BEFORE BIDDING 1) DUE TO ONGOING DAILY BUSINESS, lots may be added or deleted up until the day of the auction live start time. Eastern Standard Time Zone. 2) Announcements by Auctioneer takes precedence over any printed material. 3) It is the bidder’s responsibility to inspect the equipment and determine its condition. Failure to inspect does not constitute forfeiture of purchase. Bidder shall be the sole judge of value. MGD Tractor & Equipment Inc., its auctioneers and employees, will not inspect or make guarantees of inspection of any equipment or lots. There shall be no guarantees expressed or implied, statutory or otherwise as to the merchantability, or fitness for any particular purpose of any goods offered. 4) Valid Photo Identification is required to obtain a buyer’s number on-site. 5) Payment in Full must be made within 48 hours (2 days) post auction, No Exceptions. Payment can be made with Cash, Pennsylvania check up to $5,000 (over $5,000 must clear the bank first), Out of State check (Must clear bank before items will be released) or Bank Wire Transfer. There is a $30 Wire Transfer Fee for domestic invoices and a $60.00 Wire Transfer Fee for international invoices. We DO NOT accept credit cards. 6) Equipment Facts and Proxibid have a 5 % internet purchase fee on hammer price. MGD Tractor & Equipment has a buyer’s premium that is 10% up to $5,000.00 and a $500 Cap per lot. (Not Including Equipment Facts & Proxibid 5%) 7) Applicable State of Pennsylvania Sales Tax will be charged on all Lots unless you are exempt from Sales Tax and you provide tax exemption form and exception certificates that are acceptable to the State of PA. Sales tax exemption forms must be received no later than 7 days after the auction AND before payment is made, otherwise sales tax must be paid. 8) Payment in FULL must be made within 48 hours (2 days) post auction. NO Exceptions. 9) All Purchases must be removed from the premises by 10 days post auction. Failure to remove purchases will result in a $10 per day storage fee. 10) Bidders are to be held personally liable for any bids made with their Bidding Number 11) The highest bidder for each Lot shall be the Purchaser, and in the event of any dispute the Auctioneers shall have absolute discretion either to settle such dispute or to re-offer the lot for re-sale. 12) The Auctioneer and Equipment Facts accept no liability for loss or damage arising from any Lots not presented for sale. 13) The Auctioneer and Equipment Facts have described the Lot(s) in the catalog to the best of their ability and belief from information furnished by the Vendor(s) who shall be alone responsible for error or miss-statement, which there may be. The Auctioneer and Equipment Facts undertake no liability in any respect of faults, deficiency’s and errors of any description, oral or printed, nor do they accept responsibility for the authenticity, genuineness, origin, age, condition or quality of any Lot (s) and all statements as to these matters whether contained in the catalog or made orally are statements of opinion only and not to be taken as being or implying a statement or representation of fact. 14) Each and every Lot is sold ‘as is where is’. MGD Tractor & Equipment, its employees, the Auctioneer and Equipment Facts & Proxibid provide no guarantees or warranties (express or implied) in respect of the Equipment contained in the Lot. All representations made by MGD Tractor & Equipment and its employees, the Auctioneer, Equipment Facts & Proxibid, its servants or agents are to be considered lay opinions only and MGD Tractor & Equipment, the Auctioneer and Equipment Facts & Proxibid accept no liability for any purchase made by a Buyer in reliance upon them. 15) The Buyer agrees to insure the Equipment purchased against all losses from the Auction Date until removal of the Equipment by the Buyer. 16) The Buyer acknowledges that he/she has read and agrees to be bound by the additional terms and conditions set forth. 17) INTERNATIONAL BUYERS: Additional Cleaning for Boarder Crossing will result in an added fee and the Buyer is responsible for all government issued licenses, safety, and/or inspection certificates and agrees not to use any identification, trade name, licenses and/or certificates authorized to or used by the Seller. 18) By Bidding and/or buying in the auction it is acknowledged that bidder/buyer has read and fully understands all terms and conditions as accepted when registering for auction and being approved to bid. ALL items are sold AS-IS, WHERE-IS!!! MGD Tractor & Equipment, DBA (MGD Quiptech Inc,) sells certain rolling stock items (machines with drive train) with a ride and drive option. The following are terms outlining the exercising of the ride and drive option: Ride and drive constitutes an operational engine, drive train, hydraulic functions. Ride and drive does not cover: wear of any type due to use or age, oil leaks, batteries, tires, tracks, under carriage, cosmetic damage, electrical system, codes, etc. If an issue arises with an item, buyer must notify auction management, on premise, immediately, at which time auction management and buyer will inspect item together for verification of issue. Issue must be agreed upon by both parties. Online bidders must exercise ride and drive option at auction facility by the end of business on the Monday following the auction (2 business days). Online bidder’s not exercising ride and drive at the auction facility before taking possession of items forfeit the right to the ride and drive option, NO EXCEPTIONS. The catalog is to be used as a guide ONLY, bidders are responsible to do their own research and due diligence before bidding. Information is taken from sources deemed to be reliable. Catalog has been prepared by humans, thus human error is always a possibility but never intentional. When available, serial number plates and hour meter/odometer pictures are provided for research purposes of potential online bidder’s. Year models stated are obtained from a 3rd party source deemed to be reliable and have not been verified by manufacturer, it is the sole responsibility of the potential bidder/buyer to verify year model through manufacturer before bidding. It is buyer’s responsibility to do their own research on machine specifications, options, etc. as to the suitability of a particular machine for their application. Buying a machine that is not suitable for your application is not grounds for negating a transaction. Oral statements made the day of the auction take precedence over printed material. 19) ONLINE BIDDER NOTICE: MGD Tractor & Equipment Inc. is providing internet pre-auction and live bidding as a service to the Bidder. The Bidder acknowledges and understands that this service may or may not function correctly on the day of the auction. Under no circumstances shall bidder have any kind of claim against MGD Tractor & Equipment Inc., or anyone else if the internet service fails to work correctly before or during the live auction. MGD Tractor & Equipment Inc. will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should use the proxy-bidding feature and leave their maximum bid before the live auction begins. 20) Every Person/Bidder at the auction site before, during and after the auction acknowledges that an auction site can be a potentially dangerous place and shall be deemed to be there at their own risk with notice of premises and activities there on and Bidder shall so advise his agents and employees. No person shall have any claim against MGD Tractor & Equipment, 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. 21) All items being sold are at 2453 East Cumberland Street, Lebanon, PA 17042.