Malone & Associates, LLC We believe the equipment to be in good, working condition, however, we do not guarantee or certify diagnostic equipment to work. Some equipment may be missing cords or leads, although we have done our best to list these items. Terms & Conditions Conditions: All damages that are known at time of listing have been identified. General wear and minor scratches and dents have not been called. If an item was improperly identified, it will be announced at the auction and no pre-bids or absentee bids will be entered on that item. Known damages auction company was aware of at listing have been called. Everyday knicks, scratches, general wear has not been called. General Terms and Conditions of the Auction: By registering to bid or placing a bid at the live auction or via proxibid or by bidding absentee, buyers and bidders agree with an accept any and all terms of the live auction and any other announced terms, conditions of sale, or shipping instructions or storage instructions of the auction center. Internet bidders agree that bids placed on the internet shall have the same legal affect as if they were in attendance at the live auction. A: All persons attending the preview, sale, or at the auction center for removal of merchandise assume all risk of damage to person or property, specifically release and indemnify Malone & Associates Auctioneers & Realtors and the Malone Auction Center and sellers and maloneauction.com from all liability. B: Any and all legal courses of action will take place in the Eighteenth Judicial District Court, Wichita, Kansas. All property is sold as is, where is, in it’s present condition and is accepted by the buyers without any exclusive warranties or promises from Malone & Associates, LLC, Auctioneers & Realtors, Malone Auction Center, and/or their clients. All personal property is open to thorough public inspection and it is the bidders responsibility to determine condition, age, value, or any other describing factors. Malone & Associates or the Malone Auction Center may attempt to describe the merchandise in advertising, on the internet, or at the auction but makes no representations. In no event shall the Malone Auction Center or Malone & Associates be held responsible for having made or implied any warranty or merchantability or fitness for a particular purpose. Bidders shall be the sole judge of value. C: All internet bidders agree to pay a buyers premium equal to15% of the hammer price of each item they purchase. If the hammer price of an item is $10, then the buyers premium will be $1.50 for a total purchase price of $11.50. State sales tax law, if applicable, will be applied. D: Bidders who bid from off-site and are not present at the live auction or preview understand and acknowledge that they will not be able to inspect an item as well as if they examined it in person and attended the live auction or preview. It is the bidders responsibility to determine condition, age, genuiness, value, or any other descriptive factors. Malone & Associates and the Malone Auction Center shall endeavor to describe in detail each item and any pertinent information about each item. Malone Auction Center and Malone & Associates will not be responsible for any errors or omissions in the description of the merchandise unless it is immaterial or intentional misrepresentation of the item itself made by Malone & Associates. Bidders sole remedy in the event of an intentional and material representation of an item shall be to return said item, at buyers expense, and in the same condition it was shipped in if Malone & Associates and Malone Auction Center and client agree that the item was materially and intentionally misrepresented. Malone & Associates and Malone Auction Center will refund the bidders purchase price to him/her. Bidder agrees that under no circumstances whatsoever will Malone & Associates or Malone Auction Center ever be liable to any bidder for an amount greater than the purchase price of the item purchased. (e): Malone & Associates and Malone Auction Center is providing internet pre auction and live bidding as a service to potential bidders at the request of a client. Bidder acknowledges and understands that the service may or may not function correctly the day of the auction. In no situation shall bidder have any kind of claim against Malone & Associates or Malone Auction Center or anyone else if the internet service fails to work correctly before the auction or during the live auction. Malone & Associates and Malone Auction Center 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 proxibid feature and leave their maximum bid 24 hours prior to the auction starting. Malone & Associates and Malone Auction Center always reserve the right to withdraw, recatalog, or resubmit items to the auction. (f): The auctioneer shall advance the bidding at his own descretion. Malone & Associates and Malone Auction Center may withdraw any item before or during the auction should a dispute arise between two bidders. The auctioneer may, at his descretion, reopen the bidding until the item is sold. The record of the auction made by Malone & Associates and Malone Auction Center shall be conclusive. (g): When the auctioneer says “sold”, bidder assumes full responsibility for the merchandise. Everything must be paid for at the conclusion of the auction. Payment shall be made in cash, certified funds, or by Visa, Mastercard, Discover Card or American Express. Checks of any kind must be accompanied by an irrevocable bank letter or proper identification as approved by Malone & Associates and Malone Auction Center. All checks shall be made out to Malone & Associates, LLC, Auctioneers & Realtors and/or Malone Auction Center and approved at least 24 hours in advance of the auction. If a check is accepted by Malone & Assocates and is returned for any reason, bidder agrees that Malone & Associates or Malone Auction Center may represent the check in person or electronically and collect the amount of the check as well as the highest service charges and fees allowed under Kansas law. If paying by certified check with a bank letter, buyer shall immediately send payment by overnight priority mail to Malone & Associates, 922 E. Central, Wichita, Kansas, 67202. If Malone & Associates or Malone Auction Center does not receive payment by the Wednesday following the auction, the bidder agrees that Malone & Associates shall add an administrative collection fee of $50 to their balance due. Any amount left unpaid shall accrue interest at the highest rate allowed by Kansas law unless exempted by law, the purchaser shall pay any and all applicable taxes. Bidder agrees to indemnify Malone & Associates and Malone Auction Center and/or it’s agents and employees against any and all claims if sales tax is not collected on bidders purchases. Bidder further agrees that under no circumstances will he or she initiate a charge back on his or her credit card and a waiver will be signed and witnessed to that effect at time of payment. Bidder also agrees they will not cancel their check prior to the check clearing the bank. Title to the merchandise transfers to bidder only when bidder’s payment has been honored. (h): The auction company can arrange for packing and shipping. Packaging and shipping costs are the sole responsibility of the buyer and may be quoted before shipping. Call auction company for a list of potential shippers or some auctions may have a preferred shippers logo attached to the auction. All purchases remaining after 3 business days and not having shipping arrangments made will be assessed a $5 per calendar day expense for non-removal. Fragile items and purchases will be shipped by a professional packer with higher shipping costs. All items will be insured for the purchase price. The first priority is to deliver your purchase in excellent condition. Any merchandise not removed by bidder may be removed and stored at the expense of bidder as previously stated. After 30 days merchandise may be sold at the next auction or may be disposed of any other way Malone & Associates or Malone Auction Center deems to be suitable but does not relieve initial buyer of his/her financial responsible of purchases. Bidders shall have no claim to merchandise by November 1, 2005. Should a dispute arise between Malone & Associates or Malone Auction Center and any potential bidder, bidder waives any right to trial or hearing in a court of law and agrees to settle the dispute through binding arbitration in the state of Kansas. Malone & Associates and Malone Auction Center may refuse a buyers number to anyone for any reason it deems necessary. Bidder agrees to provide any identification Malone & Associates and Malone Auction Center may request but not limited to state driver’s license, photo copies of credit cards, social security cards, US passport, military ID, or any other identification or credit letter the auction center deems necessary. Bidder agrees to comply with any stated additional terms or conditions associated with particular items. We want you to be happy with your purchases. If you have questions about the merchandise, the time to ask is well in advance of the merchandise being sold and prior to the auction. There are no returns allowed for any reason once the hammer falls and the item is pronounced sold, it is sold. Thank you for your patronage, thank you for attending the auction and your attention to our on-line auction. Payment terms: Cash, approved checks with proper identification, Visa, Master Card, Discover, and American Express with a signed charge back waiver and an additional 3% convenience fee for the use of credit cards. Sales tax will be waived if winning lots are shipped out of the state of Kansas. Shipping costs are the buyers sole responsibility and will be charged to credit card supplied during registration. Shipping will be commence upon receipt of payment. Auction Center will not ship winning lots those arrangements must be made by the buyer by preferred shipper. All successful live bid items will be taken or picked by the professional pack and ship company for delivery and these expenses will be paid the the winning buyer. Please contact the auction center for general shipping information, preferred shippers phone number and address. All property is sold as is and all sales are final. Property is open to thorough inspection. It is the bidder’s responsibility to determine condition, age, genuiness, value, or any other determinitive factor. Malone & Associates and Malone Auction Center may attempt to describe merchandise in advertising, on the internet, and at the live auction but makes no representations to the validity and is relying on the seller for much of their information. In no event shall Malone & Associates or Malone Auction Center and it’s agents or employees be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value. Buyers Premium Structure: 10% buyers premium at the live auction, 15% buyers premium on-line and if credit cards are used an additional 3% convenience fee will be charged. Pre-bidding is allowed on any items prior to the auction starting.