Terms of Auction: TERMS AND CONDITIONS OF THE AUCTION By registering to bid or placing a bid, you agree to be bound by all of these terms & conditions and any other announced terms and conditions of sale or rules of the site. All internet bidders agree that bids placed on the internet shall have the same legal effect as if they were in attendance at the auction in person. ASK QUESTIONS BEFORE YOU BID. THERE ARE NO REFUNDS AND NO RETURNS!!! 1. All persons attending the exhibition, sale or removal of merchandise assume all risks of damage to person or property and specifically release and indemnify Rocky Mountain Estate Brokers Inc. (RMEB), whitleyauction.com & David P. Whitley from any liability. 2. All property is sold “AS IS”, and ALL SALES ARE FINAL. Property is open to thorough public inspection. It is the Bidder’s responsibility to determine condition, age, genuineness, value or any other determinative factor. RMEB may attempt to describe the merchandise in advertising, on the internet and at the auction but makes no representations. In no event shall RMEB be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. If you have any questions about the merchandise, ASK THEM BEFORE BIDDING. Bidder shall be the sole judge of value. 3. All internet Bidders agree to pay a buyer’s premium equal to Eighteen and One Half Percent (18.5%) of the hammer price of each item they purchase. If the hammer price of an item is $100.00, the buyer’s premium will be $18.50 for a total purchase price of $118.50. There is a 3.5% discount for cash payments. Under state law, sales tax will be collected on this amount. 4. Internet bidders who do not inspect the items in person understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. It is the Bidder’s responsibility to determine condition, age, genuineness, value or any other determinative factor. RMEB shall endeavor to describe, in detail, each item and any pertinent information about it. RMEB will not be responsible for any errors or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the item itself. Bidder agrees that everything is sold as is and that they may not return any item they purchase for any reason accept an intentional and material misrepresentation of the item itself made by RMEB. Bidder’s sole remedy in the event of an intentional and material misrepresentation of an item shall be to return the item, at their expense and in the same condition in when sold. If RMEB agrees that the item was materially and intentionally misrepresented RMEB will refund the Bidder’s purchase price to him/her. Bidder agrees that under no circumstances whatsoever will RMEB ever be liable to any bidder for an amount greater than the purchase price of the item they purchased. 5. This is in Internet Only Auction. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall Bidder have any kind of claim against RMEB or anyone else if the internet service fails to work correctly before or during the auction. RMEB will not be responsible for any missed bids from any source. Bidders who desire to make certain their bid is acknowledged should leave their maximum bid 24 hours before the auction closes. RMEB reserves the right to withdraw or re-catalog items in this auction. 6. The auctioneer shall advance the bidding at his own discretion. RMEB may withdraw any item before or during the auction. Should a tie or a dispute arise between two bidders, the auctioneer may, at his discretion, reopen the bidding until the property is sold. From time to time RMEB may accept items with reserves prices. RMEB reserves the right to bid on behalf of the owner on items on which there may be a reserve. The record of the auction made by RMEB shall be conclusive. 7. RMEB reserves the right to charge the Bidder’s credit card the full amount of any or all of Bidder’s pre or live bids at any time. When the auctioneer says, “sold” Bidder assumes full responsibility for the merchandise. Everything MUST be paid for in full at the conclusion of the auction. Payment shall be made in cash or certified funds. We also accept payments with VISA, MasterCard OR PayPal. There is a 3.5% discount for cash payments. Checks of any kind must be accompanied by an irrevocable bank letter of credit guaranteeing payment to RMEB and approved at least 24 hours in advance of the auction. If a check accepted by RMEB is returned for any reason bidder agrees that RMEB may re-present it in person or electronically and collect the amount of the check as well as the highest service charges and fees allowed under Colorado law. If paying by cash or certified check with a bank letter of credit, Buyer shall bring payment to the auction location during load out. . Load out is at the auction site, Eaton Auction Center 24 Oak Avenue Eaton, CO 80615, Friday, December 12, 2008 from 11:30 AM – 6:00 PM. If RMEB does not receive payment within this time frame, Buyer agrees that RMEB shall add an administrative collection fee of $100.00 to his or her balance due. Any amount left unpaid shall accrue interest at the highest rate allowed under Colorado state law. Unless exempted by law, the purchaser shall pay all applicable taxes. Bidder agrees to indemnify RMEB against any claim if sales tax is not collected on Bidder’s purchases. Bidder agrees to not stop payment on any check paid to RMEB. Bidder further agrees that under no circumstances will he/she initiate a chargeback on his/her credit card. Title to the merchandise transfers to Bidder only when Bidder’s payment has been honored. 8. All property shall be removed from the premises by the Bidder at her/his own risk and expense within the time period announced. ALL MERCHANDISE PURCHASED AT THIS AUCTION MUST BE REMOVED BY MONDAY, DECEMBER 22, 2008 AT 3:00 PM UNLESS SPECIAL ARRANGEMENTS HAVE BEEN MADE WITH RMEB. ITEMS NOT REMOVED BY THIS TIME WILL HAVE A CHARGE OF $10 PER LOT, PER DAY ADDED AND MAY BE FORFEITED. Professional shipping is available. Please email us with any questions at info@whitleyauction.com. Bidder shall have no claim to merchandise not removed by the above date. 9. Bidder agrees that this agreement shall be governed by the laws of the state of Colorado and hereby grants sole jurisdiction and agrees to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Weld County, Colorado. Bidder agrees and grants that service of process on them may be obtained by mailing a certified letter, containing a summons, postage prepaid, to them at the address they provided to register. Should a dispute arise between RMEB and Bidder, Bidder waives any right to a trial or hearing in a court of law and agrees to settle the dispute through binding arbitration in Weld County, Colorado. 10. RMEB may refuse a buyer’s number to anyone for any reason. Bidder agrees to provide any identification RMEB may request including but not limited to: drivers license, photocopies of credit cards, Social Security card or US Passport. Bidder agrees to comply with any stated additional terms or conditions associated with particular items. 11. We want you to be happy with your purchases. If you have questions about the merchandise, the time to ask questions is well in advance of the live auction. No returns are allowed. Thank you for your patronage.