This Absentee Bidder Agreement shall be governed by and construed in accordance with the laws of the State of Ohio. This Agreement shall inure to the benefit of and be binding upon all parties, theirs heirs, personal representatives, executors, administrators, devisees, legatees, successors and assigns. Terms of this Agreement continue as follows: 1) All items being offered at Public Auction are being sold in “as is” condition, all faults and amenities included. There are no warrantees, expressed or implied. The Absentee Bidder has taken this into consideration upon placing his or her bids. The Absentee Bidder is relying upon their own opinion of value with reference to include, but not limited to, the condition, value, character of item(s) and not upon any representation made by the sellers, owners, auctioneer or its agents. In the event that the Absentee Bidder has not personally viewed or inspected items of interest prior to the Auction, it is understood that they take full responsibility to accept items in the condition to which they appear on the day and time of the Auction. 2) The terms such as 'poor' and 'good' at subjective and the Absentee Bidder shall rely upon his/her own opinion of condition and not upon what the sellers, owners, auctioneer or its agents have stated about the condition of the item(s) of interest. 3) ABSENTEE BIDDER'S FAILURE TO PERSOANALLY INSPECT THE ITMES ARE NO GROUNDS TO REFUSE PAYMENT OR PURCHASE. 4) The Absentee Bidder accepts full and complete ownership as soon as the item is announced and declared as SOLD at the auction. The Absentee Bidder shall be responsible for taking possession of their items within FIVE (5) DAYS of the auction and the Absentee Bidder is responsible for their purchased items in the interim time between purchase and possession. Auctioneer or the sellers shall not be responsible for any loss or damage to any lot/items. It is Buyer's responsibility to immediately insure purchases. It shall be the Absentee Bidder’s responsibility to arrange shipping, loading and delivery of their purchased items. 5) All Items must not leave the premises until they are paid for in full. There is a Six (6%) PERCENT online buyer's premium for this auction. Only Certified Checks or Money Orders or Cash are acceptable and must be paid with three (3) days of the auction and made payable to: 'Martin Schroeder Auction Trust Account' Mail or deliver your payment to: Martin Schroeder 9620 St. Rt. 613 Leipsic, Ohio 45856 6) Wire Transfers are accepted with an additional $15.00 charge, Wire transfer info: Martin Schoeder Auction Trust Account % The Union Bank, Ottawa Account #8007311 Routing #: 041213759 CASH SOULD NEVER BE MAILED - - ONLY PERSONALLY HAND DELIVERED. 7) The auctioneer shall accept only bono fide bids at this auction and the auctioneer shall not artificially raise any Absentee Bid. The Auctioneer shall hold in confidence any and all Absent Bids received. The auctioneer has sole discretion to refuse Absentee Bids for any reason. Auctioneer reserves the right to withdraw or re-catalog items in any auction. 8) The Absentee Bidder agrees to hold Martin Schroeder, his agents, auction staff, clerks, cashiers, assistants and employees harmless from any liability for damage, against any and all claims, demands, actions or causes of any action and cost of defense, whatsoever in any manner arising by or against the parties of the agreement or as a result of Personal Property being purchased by the Absentee Bidder. 9) Bidders are to be held personally liable for any bids made with their Bidding Number. Buyers agree to pay all reasonable attorney fees and cost incurred by the auction company or the seller in the collection of funds. Any disputes will be heard in Putnam County Ohio Common Pleas court. 10) Website/Online Bidding. Auctioneer provides Internet pre-auction and live bidding as a service to the bidders. Bidders acknowledge and understand that this service may or may not function correctly the day of the auction. Auctioneer cannot and shall not be held responsible for any interruption of service, errors, and/or omissions caused by any means and does not guarantee continual, uninterrupted or error free service or use of this Site. Bidder acknowledges that this auction is conducted electronically and relies on hardware and software that may malfunction without warning. The Auctioneer, in its sole discretion, may void any sale, temporarily suspend bidding and re-sell any item/lots that were affected by any malfunction. The decision of the Auctioneer is final. In addition, Bidder agrees to not use any device, software or routine to interfere or attempt to interfere with the proper working of or any transaction being conducted on and during the auction. 11) IN THE EVENT OF A TIE BID, THE BID OF ANY FLOOR BIDDER PRESENT AT THE AUCTION SHALL BE DEEMED TO BE THE SUCCESSFUL BID. 12) Vehicles and other auction items with titles may take up to 2 to 4 weeks to have the title signed off and delivered to the bidder. In the unlikely event and/or for any reason in which the Seller or Auctioneer is unable to deliver the purchased item(s) or deliver such purchase item(s) free and clear of liens, the Seller and/or Auctioneer may terminate the purchase, in which case the Bidder's only recourse shall be the return of any monies actually paid. The Absentee Bidders agrees not to pursue any other financial or legal options. 13) By bidding at this auction, the Absentee Bidder accepts the terms and conditions as herein stated.