Thank you for participating in Good Ole Boys Equipment & Shabby Chic Auction House (SCAH) Online Auction. THIS IS AN INTERNET ONLY AUCTION. IF A RESERVE IS LISTED THE RESERVE LOT WILL BE NEGOTIATED BETWEEN GOOD OLE BOYS EQUIPMENT, SELLER AND 1ST OR 2ND PLACE BIDDER. BEFORE PLACING A BID: it is important that you are familiar with the terms and conditions. The terms of sale are non-negotiable. Buyer is responsible for all freight logistics and LOAD OUT costs. PLEASE READ: At the request of the auction company, this auction permits bids to be placed by the auctioneer, an employee of the auctioneer, or the seller or an agent on the seller's behalf. While Proxibid's Unified User Agreement prohibits this behavior, in accordance with UCC 2-328, this auction is permitted to engage in this activity by providing this clear disclosure to you, the bidder. All Lots are As Is Where Is with NO Discrepancies post sale and no refunds. 10% Buyers Premium. Registration at the auction (online) finalizes each bidder's agreement to the terms and conditions of sale as stated in the Online Auction Terms of Sale which are incorporated by reference into your bidding. Do not bid until you have read and understand the terms and conditions. In order to bid at the auction, each bidder must be signed up and register to bid through Proxibid.com. There is no fee to register although a valid credit card will be required to verify identity and funds. By bidding you are representing to Shabby Chic Auction House (Auctioneer) and the seller that you have read and agree to be bound by the terms and conditions for this sale as stated herein. If you do not agree with any of the terms and conditions stated DO NOT BID or you will be bound by those terms and conditions. By bidding you agree to all disclosures. THE SALE WILL BE CONTROLLED BY THE AUCTIONEER PROGRAM. Shabby Chic Auction House is not responsible for malfunctions or system errors which cause a bid or bidder to fail to be recognized or registered. If there is a dispute, the Auctioneer may re-open the bidding at the Auctioneer's sole discretion and shall serve as the sole arbiter as to who is or is not allowed to bid. Online Auction Terms of Sale 1. ALL INVOICES MUST BE PAID WITHIN 24 HOURS OF SUCCESSFUL BID IF NO RESERVE AND 24 HOURS OF SUCCESSFUL POST SALE NEGOTIATION 2. NO DEPOSIT IS REQUIRED TO REGISTER AND TO PARTICIPATE IN THE AUCTION. 3. A buyer’s premium of 10% of the bid price will be added to the price of each item purchased. Taxes are calculated AFTER the buyer’s premium. 4. ALL SALES ARE FINAL. NO EXCEPTIONS. The condition of the merchandise being offered varies. Buyer understands and agrees: (1) that any description or sample of the merchandise given or furnished online is solely for identification, and does not create any warranty, express or implied, that the merchandise actually conforms to such description or sample; (2) that all merchandise is purchased and accepted by Buyer “AS IS-WHERE IS,” ‘IN PLACE” and “WITH ALL FAULTS, KNOWN AND UNKNOWN.” THE SHABBY CHIC AUCTION HOUSE LLC MAKES NO WARRANTIES OR GUARANTEES WHATSOEVER WHETHER WRITTEN, ORAL OR IMPLIED AS TO QUALITY, QUANTITY, CONDITION, LOCATION, USEABILITY, SALEABILITY, WEIGHT, MEASUREMENT, YEAR, MODEL, MECHANICAL CONDITION, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE OR OTHER SPECIFICATIONS. MANUFACTURERS WARRANTIES MAY BE IN EFFECT. NO SALE SHALL BE INVALIDATED AND SHABBY CHIC AUCTION HOUSE LLC SHALL HAVE NO LIABILITY FOR A MISDESCRIPTION OF ANY ARTICLE OR LOT WHETHER CONTAINED IN A CATALOGUE, ADVERTISEMENT OR OTHERWISE. Descriptions have been prepared for guide purposes only and shall not be relied upon by Buyer for accuracy or completeness. By submitting a bid, Buyer/Bidder affirms it has inspected all items or has waived its right to do so prior to bidding. Buyers shall be deemed to have relied entirely upon their own inspections and investigations. 5. Buyers will be charged all applicable taxes unless SATISFACTORY PROOF OF EXEMPTION is provided prior to payment. If satisfactory proof is not provided, Buyer will pay all applicable taxes. Proof must be provided PRIOR to removal of purchases. No taxes will be refunded once they have been collected. Taxes are calculated AFTER the buyer’s premium. 6. IF A RESERVE IS LISTED THE RESERVE LOT WILL BE NEGOTIATED BETWEEN GOOD OLE BOYS EQUIPMENT, SELLER AND 1ST OR 2ND PLACE BIDDER. All NO RESERVE articles will be sold to the highest bidder conforming to the bid process. All sales shall be concluded in the time frame indicated and no Buyer may thereafter revoke his bid. Auctioneer reserves the right to sell articles by individual group lots and “En Bloc” as he deems appropriate. Auctioneer reserves the right to group, reduce, add to or delete lots. Auctioneer reserves the right to sell on behalf of third parties, its own account or on the account of others. In the event there is a dispute between two or more claims of entitlement as the successful bidder, Auctioneer reserves the right to re-auction the item in dispute. Auctioneer shall regulate all matters relating to the conduct of the auction and his decision shall be final and binding on all bidders. Auctioneer shall be entitled to make changes in (the composition of) the lots or to withdraw them, up until the last moment before the sale, refuse bids without having to state the reasons, in which case the previous bidders shall be bound to their bids, and to correct himself. Auctioneer reserves the right to sell subject to reserve and to purchase for its own account or of others, whether by verbal or written proxy, all subject to prior sale. 7. The Shabby Chic Auction House LLC reserves the right to correct any mistakes or typographical errors made by itself or on its behalf in any of its announcements or documents. 8. All invoices must be paid in full before merchandise will be released from the premises. Quantities must be checked before removal of purchases. No allowances will be made for claims or shortages once items are removed from the premises. Where available, documents of transfer, including motor vehicle ownership documents, will be provided within 7 days following the auction or as soon thereafter as such documents are available. The Shabby Chic Auction House LLC makes no warranties that such documents will be available. Any available titles shall not pass to Buyer until full payment is received. 9. All property must be paid for and picked up in the time frames posted. If not, the merchandise will be deemed abandoned and Buyer will lose any right, title or interest Buyer may have acquired and the merchandise shall revert and repossess to Shabby Chic Auction Hosue LLC without further notice to Buyer and Buyer’s payment will be forfeited. No purchaser may assign, transfer, or dispose of his rights in any article purchased before he has paid the purchase price in full. No reselling will be allowed from the premises. 10. If any applicable conditions are not complied with by Buyer, then, in addition to any other remedies available to Shabby Chic Auction House LLC, including and without limitation, the right to hold Buyer liable for the total purchase price, Shabby Chic Auction House LLC may, at its option, (a) cancel the sale, retaining all payments made by Buyer, including any deposit made, as liquidated damages and/or (b) resell the merchandise in which event Buyer will be liable for the cost of removing and reselling the abandoned merchandise, for any deficiency between Buyer’s original purchase price and subsequent resale price, commission, interest rates (a minimum of 1.5% per month or 18% per annum), legal fees, moving and storage (a minimum of $2.00/sq.ft. per month) and all other expenses related to the disposal or reselling of the abandoned property. 11. Buyer is solely responsible to provide any personnel, equipment or material needed to pick up purchases and shall assume all responsibility for the removal of any item of property purchased and any and all risks associated with such removal including, without limitations, the responsibility for providing LICENSED AND BONDED professionals to ensure proper water, gas and/or power disconnection, disassembly, removal and loading, and full financial responsibility for any damage or liability to persons or property resulting from any negligent act or omission of Buyer or Buyer’s employees, agents and/or representatives during pick-up and removal. 12. Buyer agrees that in the event purchased merchandise contains any environmental hazards, toxic waste or other type of hazardous material in any form whatsoever, Buyer shall provide evidence that Buyer or its representatives are licensed for such removal and shall comply with all applicable local, state and/or federal rules, laws and regulations. Shabby Chic Auction House LLC, its agents or representatives will not be responsible for its containment, storage or removal. 13. Persons in attendance during inspection or removal of merchandise assume all risks of damage or loss to persons, property, or merchandise and shall exercise proper precautions at all times for the protection of persons and property and shall comply with all safety and health requirements as directed by Shabby Chic Auction House LLC, and local, state and federal regulations. Shabby Chic Auction House LLC, its agents, its employees and representatives shall not be liable by reason of any defect in or about the condition of the premises on which the auction is held. Buyer specifically releases Shabby Chic Auction House LLC, its agents and representatives from all liability thereof. 14. All risk loss shall pass to Buyer at the time of payment. If Shabby Chic Auction House LLC is unable to deliver an article sold to Buyer due to fire, theft, or any other reasons whatsoever, Shabby Chic Auction House LLC shall reimburse Buyer for all monies paid to Shabby Chic Auction House LLC in respect to the article and Shabby Chic Auction House LLC shall have no further liability to the purchaser arising from or relating to such loss, including without limitation any damages for loss of profits. 15. In no event shall Shabby Chic Auction House LLC ‘s liability to Buyer exceed the purchase price actually paid. A Buyer’s claim shall be limited to the amount paid for the merchandise and shall not extend to any obligation; risk; liability; right; claim; remedy for loss of use, revenue or profit; liability of Buyer to any third party; personal injury; or any other direct, indirect, incidental or consequential damages. Shabby Chic Auction House LLC is acting as an agent only and is not responsible for the acts of its principles. 16. Buyer agrees to indemnify, defend and hold harmless Shabby Chic Auction House LLC and its agents and representatives, from any and all demands, claims, losses, damages and liabilities (including attorneys’ fees) asserted against, resulting to or imposed upon Shabby Chic Auction House LLC resulting from the negligence of Buyer or his/her employees, agents and representatives, while in, at or about the auction premises during inspection, sale or removal of merchandise. 17. The bidder’s number is nontransferable. All bids made by the holder of the number will be Buyer’s responsibility. A successful bid online constitutes a legally binding contract of sale. Shabby Chic Auction House LLC reserves the right to refuse any applicant the privilege of bidding and may revoke such privilege of bidding AT ANY TIME. 18. This sales transaction shall be governed by and construed in accordance with the local laws of the State of Texas. If any provision of these Terms and Conditions shall be held invalid, illegal, unenforceable or inoperative, the balance of Terms and Conditions shall remain in full force and affect as if such provisions had not been included. These Terms and Conditions with any amendments or modifications expressly made by Shabby Chic Auction House LLC constitute all the terms and conditions with respect to the sale of articles at this online auction. There are no representations, warranties, terms, conditions, undertakings or collateral agreements except as herein provided. 19. All property must be paid for and picked up, or shipping arranged, in the time frames posted. If not, the merchandise will be deemed abandoned and Buyer will lose any right, title or interest Buyer may have acquired and the merchandise shall revert and repossess to the SCAH without further notice to Buyer and Buyer’s payment will be forfeited. No purchaser may assign, transfer, or dispose of his rights in any article purchased before he has paid the purchase price in full. 20. All Buyers acknowledge and accept by their registration the Terms & Conditions of Sale printed as listed herein. All bidders must provide their name, address, daytime phone number, and email address at which they can be contacted, to insure adequate communication between SCAH, and their purchasers throughout any transaction. ALL SALES ARE FINAL! NO REFUNDS OR EXCHANGES! Contact us via email with any questions. We are here to help. andrea@shabbychicauctionhouse.com