~ PRE-AUCTION REGISTRATION AND BIDDING ~ PLEASE make sure to familiarize yourself with all of our terms and conditions, as you are agreeing to them when participating in our auction. If you don’t agree or don’t understand any of our terms and conditions, PLEASE contact Sierra for further clarification or DO NOT BID! ~ BIDDER DECLARATION ~ BY PARTICIPATING IN ANY OF OUR AUCTIONS I (the client) UNDERSTAND AND ACCEPT THE TERMS AND CONDITIONS AS PRESENTED BELOW, ESPECIALLY THE KEY TERMS THAT ALL ITEMS ARE SOLD AS IS, WHERE IS, WITH NO GUARANTEES OR WARRANTIES. I AM SOLELY RESPONSIBLE FOR DETERMINING THE IDENTIFICATION, CONDITION, AND/OR USE OF ALL ITEMS PURCHASED. REFUNDS WILL NOT BE ISSUED AS A RESULT OF ANY DESCRIPTIVE ERROR GIVEN BY THE AUCTIONEER OR AS A RESULT OF MY FAILURE TO PROPERLY IDENTIFY THE ITEM, ITS CONDITION OR USABILITY. I ACKNOWLEDGE THAT SIERRA IS NOT LIABLE FOR ANY INJURY OR LOSS TO MY GUESTS OR ME. If you register for any of our auctions through Proxibid and DO NOT meet Proxibid’s Marketguard criteria for bidding, we may require a $100-$500 deposit hold in order to participate in our auctions. This registration deposit hold is NOT available as part of the purchase and will be released upon either payment in full, or if you are a non-winning bidder in the auction. This can take up to 30 days depending on YOUR bank to release. Per city code, if you are a City of Phoenix or a City of Tempe employee, you are not permitted to bid on any City of Phoenix or City of Tempe assets, either knowingly or unknowingly. By participating in our auction, you are agreeing to this restriction & will abide by it. WINNING BIDDERS – PLEASE READ! If you are the winning bidder of an item in a vehicle or commercial equipment auction, a $250 deposit for each winning bid is REQUIRED and WILL BE proactively charged to your credit card on file as well as applied to your invoice. By registering for our auction, you are providing authorization for Sierra to complete this deposit transaction. If the card is declined, your bidding account will be placed on temporary hold and you will be contacted to arrange payment of this deposit. To ensure a seamless bidding experience, please be sure to have a credit card on file with Proxibid that has enough funds available to cover the anticipated deposit(s) for your bids. Payment is due by 3:00 pm on the date specified in your invoice email instructions. Sierra reserves the right to charge late payment fees and storage fees beyond this deadline. SALES TAX EXEMPTION QUALIFICATIONS: Sales Tax will be charged on all purchases, unless Sierra has on file or receives prior to the auction (1) Sales Tax Exemption Certificate acceptable to Sierra and to the State of Arizona, (2) COMPLETED Arizona Form 5000A, and (3) a separate automobile dealer exemption certificate/license if you purchased a titled asset. (4) Letter of Authorization, if you are not the company owner. You will not be granted tax exemption post-sale if these forms are not completed to the satisfaction of Sierra. Customers and/or Buyers will ONLY be tax exempt for those assets which are listed on the Form 5000A. Non-dealer out-of-state buyers who intend to register the vehicle outside of Arizona will be required to fill out a AZ form 5010 or 5011 depending on their circumstances and, if acceptable, state sales tax will be waived partially or in full. The buyer in this scenario is still required to pay the city and county taxes where applicable. If payment has not been made according to Sierra’s terms and conditions, you will forfeit your initial deposit of $250, AND any additional amounts (if applicable) that add up to 14% of your high bid as a renege fee. The additional amount will be charged to the same credit card to complete the entire penalty for breaching the purchase contract. In addition, your bidding status with Sierra and Proxibid is at risk depending on the circumstances of the transaction. Please make sure you have a PAID invoice on your mobile device or printed out before coming to pick up assets. You will receive a PAID invoice via email once your payment has been received, cleared, and processed. Please note that some bank transfers/wires take up to 24 hours to receive. The quickest way for payment to be cleared is via Zelle, Chase Direct Deposit, or by Credit Card. ------------------------------------------------------------------------------- Tiered Buyer's Premium (Vehicles and Commercial Equipment) Bid price of: up to $499 = $75 $500 - $999 = $125 $1000 - $1499 = $195 $1500 - $1999 = $295 $2000 - $2999 = $395 $3000 - $3999 = $495 $4000 - $4999 = $595 $5000 - $5999 = $695 $6000 & above = 12% of Bid Price **City of Phoenix and Tempe assets are sold with a flat 12% Buyers Premium. The tiered structure does not apply to these assets. ------------------------------------------------------------------------------- ADDITIONAL FEES: VEHICLES & COMMERCIAL EQUIPMENT: $75 Administration fee per lot 2% additional fee for bidding online is applied per lot (min. $50) Sales Tax (if applicable) applies to bid price and Buyer's Premium – see rates below Phoenix Sales Tax: 8.6% Tucson Sales Tax: 8.7% Credit/Debit Card Payments – 3% of total invoice price Late Payment Fee (if applicable): 3% of the remaining invoice balance amount per DAY after 3:00 pm on the date payment is due. Payment due date is identified in the invoice email sent after the auction ends. Storage fee (if applicable): $20 per day per lot until picked up, beginning after 3:00 pm on the date payment is due. Payment due date is identified in the invoice email sent after the auction ends. PAYMENT METHODS CREDIT OR DEBIT CARD (3% fee): • Must sign a Credit Card Chargeback Waiver • Must have a Valid ID that will be copied/photographed • Address of Credit Card and ID must be the same • 3% of the total invoice price will be added to your credit card total • MUST be initiated by the cardholder through our online portal • Sierra will not proactively charge a credit card for a purchase made at any of our auctions CASH EQUIVALENTS (no additional fee): Zelle Transactions - To make a payment, use the email address “zellepay@sierraauction.com” on your Zelle Mobile App or online through your Financial Institution and be sure to include your invoice number in the note field - Zelle is an easy way to send money directly between almost any U.S. bank. Direct Deposit - into one of our three bank accounts (Bank of America, Chase, Wells Fargo). Please refer to invoice and email instructions Cashier’s Check – made out to Sierra Auction Management, Inc. Be sure the check arrives by the payment deadline to avoid late payment fees Wire Transfer – Please refer to invoice and email instructions Checks – personal or business ARE NOT ACCEPTED! All payments must be received by Sierra Auction no later than 3:00 pm on the day payment is due per the invoice email instructions. Sierra reserves the right to charge late payment fees and storage fees beyond this deadline. Sales Tax will be charged on all purchases, unless Sierra has been provided with a valid and legal Resale Tax License and completed Arizona Form 5000A Tax Exempt Certificate PRIOR to the auction sale date. NO EXCEPTIONS! Sierra retains all its legal rights, including, but not limited to suing Buyer to compel specific performance, and/or declaring the Buyer in breach of contract retaining the deposit and barring the Buyer and Buyer’s agents from all future auctions. Sierra, at its sole discretion may offer the goods for sale in a private sale or any future Sierra auction. Buyer shall be responsible for any deficiency, including late payment fees and storage fees. Buyer shall have no right to any excess funds such sale may generate. Sierra reserves the right to change the fee structure, refuse to accept certain credit cards, and/or require cash payments in its sole discretion. If you are unsure of our payment policy, please don't hesitate to contact our office PRIOR TO bidding. ~ AUCTION PREVIEW ~ IT IS HIGHLY RECOMMENDED THAT BUYERS DO THEIR DUE DILIGENCE BEFORE PLACING BIDS. THIS INCLUDES PHYSICAL PREVIEW, STARTING AND OBSERVING VEHICLES, HISTORY REPORTS, AND MARKET REPORTS. SIERRA OFFERS PUBLIC IN-PERSON PREVIEW THE FRIDAY BEFORE EACH AUCTION EVENT. IT IS THE BUYER’S RESPONSIBILITY TO PLACED INFORMED BIDS BASED OFF THEIR DUE DILIGENCE. IF YOU ARE UNSURE OF THE UNIT’S CONDITION, PLEASE DO NOT BID. DUE TO ADVANCES IN COMPUTER DIAGNOSTIC TECHNOLOGY AND FOR THE PROTECTION OF CONSIGNOR ASSETS, SIERRA AUCTION WILL NO LONGER BE ALLOWING OUTSIDE OBD 2 DIAGNOSTIC SCANNERS ONSITE. THIS INCLUDES HANDHELD SCANNERS, POCKET SCANNERS, BLUETOOTH SCANNERS, AND LAPTOP COMPUTERS. WE DO UNDERSTAND THIS IS AN INCONVENIENCE SO MANAGEMENT HAS OBD 2 DIAGNOSTIC COMPUTERS AVAILABLE TO CHECK-OUT FOR FREE. A PHOTO ID IS REQUIRED TO CHECK THE SCANNERS OUT AND MUST BE RETURNED IN A REASONABLE AMOUNT OF TIME. YOUR COOPERATION IS GREATLY APPRECIATED. ~ DEFINITION OF TYPES OF AUCTION SALES ~ Passenger Vehicle Sale - Vehicles that are traditionally driven through an auction lane for buyers to see. Due to restrictions and new online-only auctions, these vehicles are not driven through a lane open to the public. These vehicles are driven at slow speeds onsite while processed in and buyers can have a level of confidence that the vehicle can move forward/backward. Under NO circumstances does Sierra warrant that these vehicles are free from defects in the engine, transmission, or drive train. Non-Runner/Stationary Sale - Those vehicles sold with or without a key and either cannot be started or have been deemed unsafe to be driven or undriveable. Vehicles in this category could include engine problems, missing parts, collision vehicles, or virtually any other issue that would cause a vehicle to be a non-runner. Fleet and Heavy Equipment Sale – these vehicles and other assets are in various running and driving condition. Units may have missing parts and are non-running or may have been fleet maintained and in good working order. It is highly recommended that these units be inspected prior to bidding to ensure confidence placing bids. Boats, RVs, Motorcycles, Carts Sale - – these vehicles and other assets are in various running and driving condition. Units may have missing parts and are non-running or may have been fleet maintained and in good working order. It is highly recommended that these units be inspected prior to bidding to ensure confidence placing bids. ALL Vehicles Are Sold AS IS WHERE IS, without WARRANTIES OR GUARANTEES OF ANY KIND. Sierra is a state-licensed Public Consignment Auction Dealer and is exempt from providing warranties of any kind or selling vehicles with a passing emissions statement. ~ TITLE INFORMATION ~ Arizona specifically identifies odometer mileage and brand of the cars on the title as one of each of the following categories: Odometer: BOX A – Actual Mileage. BOX B – Mileage exceeds the mechanical limits of the odometer. BOX C – True Mileage Unknown. Brand: Left blank – no brand, which means the State of Arizona has not recognized an incident to this vehicle that would brand it a salvage vehicle. This in NO WAY means that the state has not erred in recognizing a vehicle’s previous salvage brand in another state. Please do your DUE DILIGENCE in researching the title status of a vehicle prior to bidding. Restored Salvage – vehicle was previously salvaged and has been brought up to a road-worthy status per state regulations and requirements. Salvage – vehicle has had one or more incidents (such as a total loss from theft/recovery, flood/water damage, fire, severe accident) such that its condition requires the state to brand the vehicle as not road-worthy. Please be aware that titles are mailed to your invoice address once payment is made and has cleared our bank. Some titles may take up to 30 days to receive in the mail. While this may not be the case on all titles, please understand the processing time. ~ AUCTION DAY INFORMATION ~ Reserve Not Met - This means that the item has a reserve price amount that must be met before the item can be sold. If the item does not meet the reserve amount requirement the last bid may be offered to the seller and the vehicle could be then sold through the offer/acceptance process in which both parties agree to the final bid price. ERRORS IN BIDDING If you make a bid error you must contact Proxibid before the start of the live auction to have your bid removed at 1-877-505-7770. NO REFUNDS FOR BIDS MADE IN ERROR WHILE THE AUCTION IS ONGOING OR AFTERWARD. Operator error, keystroke mistakes, misunderstanding of auction structure, and other errors are the bidder’s sole responsibility. Remember, those who use your account to place bids are ultimately your responsibility – authorized or unauthorized use of your account to bid is still your responsibility. GENERAL TERMS Sierra Auction Management, Inc. (“Sierra”) is acting as an auctioneer-agent for many cities, counties, the State of Arizona, many large and small companies and people just like yourself that are seeking to sell items they no longer need. Sierra may act as a Principal, Buyer or Seller in the sale of some items. Sierra is not responsible for the actions of its consignors and/or principals. A Valid ID is required to register, pay, and pickup at all Sierra Auction locations. This ID is verified through our online bidding registration process in conjunction with our platform partner Proxibid. AUCTION TERMINOLOGY: It is the responsibility of the bidder to understand the manner in which items are being sold. THE BIDDER MUST UNDERSTAND WHAT HE/SHE IS BIDDING ON AND HOW IT IS BEING SOLD; IF NOT, ASK OR DO NOT BID! ANNOUNCEMENTS: Any announcements made by Sierra staff or auctioneers on the day of the live online simulcast auction shall take precedence over any previously distributed information or advertising. By participating in the auction, you have agreed to abide by these announcements. You are responsible to have your audio on and listening to the auctioneer announcements prior to the start of the auction, and have agreed to abide by any changes made with your registration and active participation. ADDITION TO OR WITHDRAWAL FROM SALE: The auctioneer reserves the right to withdraw from the sale any property listed and also to add property not listed to the sale. Also, the auctioneer may group lots or subdivide lots in order to benefit the seller. ALL SALES ARE FINAL. ALL ITEMS ARE SOLD 'AS IS-WHERE IS,' WITH ALL FAULTS AND WITHOUT WARRANTIES. Catalog, web, and ad descriptions are NOT GUARANTEED. Sierra is not liable for any errors, omissions, or inaccuracies in the catalog or other written or verbal descriptions even if caused by Sierra’s gross negligence. Bidders are responsible to thoroughly inspect items before bidding and to satisfy themselves of such matters as to suitability, marketability, completeness, year, make, model, and/or condition. IF YOU ARE UNSURE AS TO ANY MATTER, SIERRA URGES YOU NOT TO BID. YOU MAY NOT RELY ON SIERRA’S DESCRIPTIONS OR INFORMATION, WRITTEN OR VERBAL. The auctioneer reserves the right to reject any and all bids. Since Sierra Auction discloses ALL fees upfront, it is your responsibility to bid up to a number with which you are comfortable. You control how much you are willing to pay for an item. All auction sales will be recorded by audio and/or in writing. This recording of the bidder’s number and the bid amount shall be prima facie evidence of the circumstances of the sale, and all disagreements will be resolved with this record. Please know your bidder or paddle number given to you at the time of registration. Please confirm the auctioneer correctly states your bidder number and the final bid amount. Sierra is not responsible for any loss or damage to any sold auction items. Title (ownership) and risk of loss or damage transfers to Bidder as soon as each individual lot is sold, subject only to Sierra’s right to reconcile the auction. Errors by auctioneer shall make the sale voidable at auctioneer’s sole discretion. Sierra is not responsible for accidents, damages or stolen goods. All counts are approximate. Purchaser should monitor their purchases during the auction; if it is damaged or missing it is the bidders’ responsibility. Sierra urges all Bidders to remove all lots from the auction site as soon as possible and highly recommends removal occur no later than the close of business on the first available load-out day, with safety and security as the top considerations. ABSOLUTELY NO REFUNDS. REMOVAL OF PURCHASED ITEMS: Sierra does not offer storage services. No item may be removed from the auction site until it is paid for in full and partial payments will be considered additional non-refundable deposits towards the purchase. To avoid daily storage fees, all lots must be removed from Sierra’s facility by the date specified in the invoice email sent post-auction. In certain situations, Sierra, in its sole and exclusive judgment, may allow certain lots Sierra deems difficult to move to be removed on date mutually agreed upon. A DAILY STORAGE PENALTY of $20.00 per day shall be charged for all lots not removed by the specified removal date. Any item not removed within 72 hours following the removal date or the mutually agreed upon date will become the property of Sierra, WITHOUT EXCEPTION. Buyer is solely responsible for the safe removal of all their purchases. Sierra, at Buyer’s request, and in its sole discretion, may assist Buyer in the removal of its goods. Buyer may be charged Sierra’s current hourly rate per workman and forklift or other equipment utilized. In the event any work is requested after 3:00 PM or on non-standard Sierra workdays, Sierra may charge Buyer 1.5 times its standard hourly rate. Buyer shall hold Sierra, its employees, officers and directors harmless for any and all damage, injury or liability regarding the removal of its purchases, notwithstanding Sierra assistance in item removal. All lots and purchases must be removed in full. It is the customers responsibility to load out and remove all items from a Vehicle or Commercial Equipment auction event. Sierra Auction does offer local delivery options at an additional price, please contact the vehicle manager for details and pricing. Your shipper is responsible for the vehicle's condition after loading and removal from Sierra's lot. Transporters must notify Sierra Management of any defects or unknown damage prior to removing vehicle. Please be sure to communicate with your shipping company to ensure a smooth transition. INJURY: All persons arriving at Sierra’s locations for preview or load-out are notified that an auction site is a potentially hazardous place. Flammable, noxious, corrosive and pressurized substances are present, heavy equipment is being operated and electric circuits may be live. Every person at the auction site before, during and after the sale shall be deemed to be there at his or her own risk with notice of the condition of the premises, the activities on the premises, and the conduct of third parties. All registered bidders shall so advise their guests, agents, and employees. NO PERSON(S) SHALL HAVE ANY CLAIM AGAINST SIERRA, ITS EMPLOYEES, AGENTS, AUCTIONEERS, CONTRACTORS, OFFICERS, OR PRINCIPALS FOR ANY INJURIES SUSTAINED, OR FOR DAMAGES TO OR LOSS OF PROPERTY OR PROFIT WHICH MAY OCCUR FROM ANY CAUSE WHATSOEVER. No Children under the age of 16 are permitted on property. Persons attending during preview, exhibition, sale, or removal of goods assumes all risks of damage of or loss to persons and/or property and specifically releases the auctioneer from liability therefore. Neither the auctioneer nor his principal shall be liable by reason for a defect in or condition of the premises on which the sale is held. SELLER CONFIRMATION AND UNRESERVED ITEMS: Sierra’s policy allows our consignors to determine if they wish to place a minimum reserve or “Seller’s Confirmation” on any lot. All reserved items are noted in the description as “Pending Seller Confirmation” or some other similar language that identifies the asset as having a reserve. If a reserve amount is not met through the normal course of the auction, the Auctioneers are given the authority to adjust the bid price on these assets and ask bidders to meet the minimum reserve. You and you alone as an auction participant determine what you are willing to pay for any asset. Please stop bidding if you feel you have reached your maximum comfort level. All other non-reserved lots will be sold to the highest bidder. However, Sierra reserves the absolute right, at its sole and exclusive judgment, to withdraw any lot from sale, or add new lots to the sale at any time up to the item being declared sold. 3-DAY TEMPORARY VEHICLE TAGS: Temporary Vehicle Tags can be printed out from Service Arizona's website. It is the buyer’s responsibility to have temporary tags printed before arriving to the auction. ARBITRATION: In the event a dispute shall arise between the parties, it is hereby agreed that the dispute shall be referred to an accredited arbitration service at the sole discretion of Sierra. All arbitration cases shall be in Phoenix, AZ, and held in accordance with the applicable Rules of Arbitration. The arbitrator’s decision shall be final and legally binding and judgment may be entered thereon. Each party shall be responsible for its share of the arbitration fees in accordance with the applicable Rules of Arbitration. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with the arbitrator’s award, the other party is entitled to costs of suit, including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award.