Terms & Conditions The following terms and conditions apply to auctions at TNT Auction California Dealer # 82997: All items are sold “AS IS, WHERE IS, NO WARRANTY” VEHICLES WERE, OR MAY HAVE BEEN USED FOR LAW ENFORCEMENT OR BY THE GOVERNMENT. NOTE: BUYER ACKNOWLEDGES THAT TNT AUCTION OFFERS BUYERS A PRE INSPECTION PERIOD AT THEIR OWN EXPENSE PRIOR TO BIDDING AND PURCHASE. NOTICE: California law does not provide for a “cooling off” or other cancellation period for vehicles. Therefore you cannot later cancel a contract simply because you change your mind, decide the vehicle costs too much, or wish you had acquired another vehicle. See sale site announcement postings for details. ATTENTION: Online bidders may be required to submit a deposit prior to bidding with TNT Auction. Do not wait until auction day to register or submit your deposit. You may not be approved at the last minute or during the auction. Contact Proxibid for details or questions. If you are on our auto-accept bidder list, you will be automatically approved for the auction you are registering to bid. If you are a ProxiBid auto-accept customer you will also be automatically approved for the auction you are registering to bid. Otherwise you will need to make a deposit guarantee with a valid credit card. US bidders are required to submit a deposit guarantee of $1000.00. If you make a purchase and have not made other prior arrangements, your credit card will automatically be charged and credited to your invoice. All deposits credited to your invoice are non refundable. See Buyer Fee section for information on cash discount terms. All deposits credited to your invoice are non refundable. If registering onsite as a business be prepared with a business card and/or a copy of your business license. If registering as an auto dealer you must provide a copy of your Dealer License and Salesman Card. · NOTICE: All live bidders wishing to register to bid with an address outside of the United States will be required to make an up front deposit of $5000 US. If you do not make a purchase, your deposit will be refunded. If you make a purchase, your deposit will automatically be credited to your invoice. See Buyer Fee section for information on cash discount terms. Bidder acknowledges that all information given by him/her in the Bidder registration process is of a true and accurate nature. Falsifying information at any time is grounds for termination from current and future auctions without prior notice to the Bidder and may result in legal action by the Seller and/or Auctioneer. HOW YOU REGISTER IS EXACTLY HOW ALL INVOICES, TITLES, AND RELATED PAPERWORK WILL READ. WE DO NOT CHANGE NAMES, ADDRESSES, OR TAX STATUS ONCE YOU HAVE REGISTERED. NO EXCEPTIONS!!! BUYER’S FEE SCHEDULE The Buyer’s Fee is 13% for onsite bidders and 16% for on-line bidders or proxy bidders. A 3% cash discount and 2% debit card discount is available for buyers choosing to pay with those methods. A $50.00 Smog Fee applies to all units that pass smog testing plus an $8.25 smog certificate fee. All vehicle buyers will be charged a $65.00 documentation fee per vehicle. California Buyers may also be charged a $15.00 title registration fee. Additional DMV registration fees or other fees may apply. Accepted Payment Types: CASH, CASHIER’S CHECKS, CREDIT CARDS, DEBIT CARDS, TRAVELERS CHECKS, & MONEY ORDERS. We DO NOT Accept Personal, Company, or Credit Card Checks. NO EXCEPTIONS!! · Live Bidders: A deposit of $300.00 (non-refundable) is required as soon as your bid is accepted. If you fail to make a deposit you will be in default. The balance for all invoices is due on Monday, immediately following the auction by 2:00 P.M. Invoices not paid by this time will be subject to legal action against the registered bidder. Please DO NOT leave the sales yard without making a payment or a deposit. · Drive away permits are available for purchase. You must provide a current insurance card that includes a policy number and current expiration date. · Local sales tax will be charged on all items in the auction unless you are exempt from paying the sales tax. You must prove your exemption to us upon registering for the auction. Non-Residents are NOT exempt on Equipment and Miscellaneous items. · Odometer readings are marked on the inventory tag of each vehicle. The letter following the odometer reading represents whether the miles are actual, over 100,000 or unknown, i.e., A=Actual, O=Over, UNK=Unknown or Discrepancy. Vehicles marked EX are 10 years old or older and are exempt from disclosure rules. · Delayed titles (marked D/T on the windshield/tag of the unit) will be available by the Friday following the auction. However, in some cases, it may take up to 30 days. If there is a problem with the title or it cannot be produced in the aforementioned time frame, you will be allowed to return the vehicle. The auction sale price plus the fees and taxes paid at TNT Auction will be refunded. DO NOT spend any money on or re-sell the vehicle until you have a title in hand. Any money spent on the vehicle outside of TNT Auction will NOT be refunded. · Titles are processed in accordance with the Local DMV. Rules from state to state may differ and may require further processing by the buyer. Units that do not require titles in one state may have such requirements in other states. The Auctioneer /Owner is not responsible, and may not be able to in some cases provide documentation required by other states. NOTE: All necessary forms must be signed by the buyer and in our possession prior to any item or title being released to the buyer. · Despite our efforts to avoid withdrawal of items from the auction after they have been advertised, it may become necessary to do so; therefore, the owner and/or auctioneer reserves the right to withdraw units at any time. NOTICE TO BIDDERS California CARB: “An on-road heavy-duty diesel or alternative-diesel vehicle operated in California may be subject to the California Air Resources Board Regulation to Reduce Particulate Matter and Criteria Pollutant Emissions from In-Use Heavy-Duty Diesel Vehicles. It therefore could be subject to exhaust retrofit or accelerated turnover requirements to reduce emissions of air pollutants. For more information, please visit the California Air Resources Board website at www.arb.ca.gov/dieseltruck.” “A heavy-duty tractor and 53-foot or longer box-type trailer operated in California may be subject to the California Air Resources Board Heavy-Duty Vehicle Greenhouse Gas Emission Reduction Measure. These vehicles may be required to use low-rolling resistance tires and meet aerodynamic equipment requirements to reduce greenhouse gas emissions. For more information, please visit the California Air Resources Board website at www.arb.ca.gov/cc/hdghg/hdghg.htm.” Bidder agrees pursuant to: §2449(j) Disclosure of Regulation Applicability, that any off-road diesel vehicle, when operated in California, may be subject to California Air Resources Board In-Use Off-Road Diesel Vehicle Regulation. It therefore could be subject to retrofit or accelerated turnover requirements to reduce emissions of air pollutants. For more information, please visit the California Air Resources Board website at http://www.arb.ca.gov/msprog/ordiesel/ordiesel.htm.” Auction purchasers will be required to sign CARB disclosure forms for each related lot purchased. NOTE: All necessary forms must be signed by the buyer and in our possession prior to any item or title being released to the buyer. Seller and/or Auctioneer reserve the right to reject a Bidder’s registration application and/or bids for any reason in their sole discretion without prior contact to the Bidder. REMOVAL: Unless otherwise indicated all units must be removed by the Tuesday following the auction at 4:00 PM. Units remaining in auction facility past this time frame will be subject to transportation and storage fees. Additional fees will apply to have the auction facility opened for removal past the removal date. Units may be disposed of and/or resold at the discretion of the Auctioneer to recoup fees. Merchandise becomes the full responsibility of Buyer at time of purchase and Buyer assumes all risk of loss and damage to property until removed from sale premises. DISPUTES BETWEEN BIDDERS: The Auctioneer shall designate the Purchaser after each item of merchandise is auctioned. If a dispute arises between two or more bidders, the Auctioneer reserves the right to reopen bidding. His designation of the Buyer shall be final. DEFAULT / RESALE: a. In the event the Buyer shall default in the performance of the conditions accepted by him under this agreement, then and in the event, said Buyer shall make payment of all costs and expenses, including reasonable attorney fees incurred by the Auctioneer in enforcing the terms of this agreement or pursuing any other remedy available under the laws of the state in which the Auction is conducted. b. Auctioneer reserves the right to resell any property not paid for in full on sale day. The Buyer shall be responsible to Auctioneer for any expenses for resale and collection costs and any damages or shortages resulting from the resale. INJURY AND DAMAGE. Bidder acknowledges responsibility for any personal injury or property damage caused by Bidder or his agent, and further agrees to hold Auctioneer harmless for any personal injury to himself or his agents and any property damage incurred on sale premises. Auctioneer is providing services as an independent contractor for the Seller/Owner only and is not responsible or statements made by other parties. As a Bidder you are responsible for any bids placed under your bidding number and password. The security of your Bidder information is your sole responsibility. If at any time you feel that your bidder number and password have been compromised due to lack of security on your part, you must notify the Auctioneer immediately. Bidders who bid from off site and are not present at the live auction or preview understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. TNT Auction shall endeavor to describe in detail each item and any pertinent information about it. TNT Auction will not be responsible for any errors or omissions in the description of the merchandise. Bidder agrees that everything is sold as is and that they may not return any item they purchase. TNT Auction is providing Internet pre-auction and live online bidding as a convenience to Bidder. 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 TNT Auction or anyone else if the Internet service fails to work correctly before or during the live auction. TNT Auction will not be responsible for any missed bids from any source. Auctioneer cannot, and will not, be held responsible for any interruption in service, errors, and/or omissions, caused by any means and does not guarantee continual, uninterrupted or error free service or use of the Site. Bidder acknowledges that, if they are taking part in the auction electronically, the nature of the auction 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 unit(s) that may have been affected by any malfunction. This decision of the Auctioneer is final. TNT Auction reserves the right to withdraw or re-catalog items in this auction. ANNOUNCEMENTS MADE SALE DAY TAKE PRECEDENCE OVER ALL OTHER ADVERTISING MATERIAL. PLEASE CHECK OUR WEBSITE FOR A CALENDAR OF OUR UPCOMING AUCTIONS! www.tntauction.com