Terms & Conditions of (Buying through EquipmentDealz Auction) Continued

Terms & Conditions TERMS OF SALE Each person or entity whose agent is bidding at auction is hereinafter referred to as a Bidder. Unless a Bidder registers by providing the information below and agrees to these Terms of Sale, such Bidder will not be provided a bidder's number nor allowed to bid or participate in the auction. The information is as to the individual bidding and if applicable the information on whose behalf the Bidder is participating (who is hereinafter referred to as a Company). Each Bidder whether live at auction or bidding through the internet through EquipmentDealz Live, Buy Now, or at Auction or through one of our many Bidding platforms including, but not limited to Proxibid, Equipment Facts, Bid Wrangler, Level Bid or others, by registering and obtaining a bidder's number agrees to submit him/her/itself to venue and jurisdiction over the individual and/or (Company) to the courts of Dallas County, Texas Regardless of location of said Equipment, Lots, or products of EquipmentDealz, LLC. In the event of non-payment for a successful Bid/Buy Now Purchase, suit can be brought against such individual and/or entity in Dallas County, Texas and such individual and/or entity waives any rights to any other venue and/or jurisdiction. The auction catalog online, print advertising, or televised is only a guide without any warranties expressed or implied. Auctioneer’s announcements supersede any printed material. Bidder/Buyer accepts each item, Equipment, Vehicle that he/she/it or agent/employee for entity purchased at the auction or Buy Now is in its physical, “AS IS”, “WHERE IS” condition, with all faults. There are no warranties of any kind as to the items sold. Each Bidder/Buyer agrees to inspect each item prior to bidding to satisfy him/her/itself as to the condition of each item or Equipment/Vehicle/Product. The Bidder accepts that there are not any warranties, expressed or implied by law whether warranties of “workmanship”, “suitability”, “merchantability” and/or fitness for a particular purpose. Further, Bidder waives any warranties at law or in equity that could pertain under the Texas Uniform Commercial Code. Each item will be subject to the language contained on Exhibit “A” hereto attached. The conditions of provisions of sale may be modified by the auctioneer at the time of the auctioning off a particular item and each Bidder is subject to those terms and conditions. All auctioneers live Announcements at time of sale, supersedes any printed or stated announcements. The auctioneer reserves the right to group, modify, increase, diminish or delete “auction lots” at the auctioneer’s sole discretion or to sell items in bulk if such action serves the best interest of the Seller. Auctioneer will receive bids from any responsible and registered Bidder/ Buyer who makes his/her/its submission of bid known so long as he or she conducts themselves in an orderly manner. Any and All bids are accepted from registered bidder, were onsite, online or remote. Auctioneer may refuse to accept any bid which is but a trifling advanced over the prior bid or which contains conditions not acceptable to the Auctioneer or Seller or satisfies the terms and conditions of the sale. Auctioneer will settle any bidder dispute by reselling the lot. The item will be considered sold without exception upon the final gavel by the auctioneer for that item and will become the sole responsibility of the buyer. Possession of purchased items will be granted upon payment in full. Bidder is solely responsible for removing, insurance on, arranging, loading, and securing of load any items purchased. For provisions of the loading and shipping addendum, see Terms and conditions of loading and shipping. If you are the successful purchaser of said lot, Equipment or vehicle and need shipping quotes we offer quotes free to you at https://www.equipmentdealz.com/shipping Upon the award of bid, title and risk of loss, damage to or destruction of the purchased item, passes to the purchaser and auctioneer will not have any liability for any damage to or destruction of any such item. Any items left overnight or for a length of time are not in the charge of the Seller or auctioneer, nor results in any bailment agreement. For items not removed after the stated time per that auction event, they are subject to a storage fee of $100 per day per item. Any items not picked up after 30 days following the auction will be considered abandoned. At the discretion of the Auctioneer, items not removed will be resold and the debtor will be responsible for the difference and the storage fee at 18% per annum. Buy Now items are available for pick up immediately after the item is paid in full. Load-out tickets must be presented at time of pick up. Bidders may not remove any purchased item/equipment, or vehicles until paid in full. No exceptions. The office will assist you with the receipt of payment and load out tickets for your removal and transportation on the items purchased at this Auction or Buy now. Load out hours are listed on each auction’s description per the location of each lot or Equipment, M-F and on select Saturdays. Loading will not occur after dark. All items must be removed within the time announced at the sale, at items that are not removable purchaser's sole cost and risk. However, immediately (heavy objects or equipment) may be left on the premises at Bidder’s risk for a period not to exceed (7) days from the date of the end of the auction. If the items are not removed after the time forestated, then a daily storage fee of $100 per item or any part there of will be charged to Bidder which must be paid PRIOR to the removal of said item. If the item is not removed on or before 180 days after the end of the auction [accumulating $100 a day storage fees amounting to Four Thousand Five Hundred Dollars ($4,500.00)], then Seller is at liberty to reauction the item charging Bidder an auction fee of 10% measured against the final bid/sale price, plus any loss and associated costs, naming Seller as Bidder’s “attorney-in-fact” for the transfer of any right or title of the item. After deduction of all costs, expenses (including the accumulated storage fees to date of resale) and cost of commissions, the remainder will be mailed to Bidder at their last known address OR Seller may elect not to resale but to bring suit against Bidder and/or Company for the recovery of the sales price plus storage fees, attorney’s fees and related expenses/costs. If judgment is obtained and Bidder’s property is still in possession of Seller, Seller may exercise the collection of its judgement against such item. Bidders are prohibited from conducting or transacting any business on the auction premises or with sellers of lots or Equipment and vehicles other than through EquipmentDealz, LLC, without the express permission of auctioneer. Bidders who violate this provision and such violation results in damages to Seller or auctioneer will be liable to make them whole including the cost of court costs and attorney’s fees (including all associated costs in conjunction with a lawsuit). These Judgements are performable In Dallas County, Texas. All rights, privileges and power reserved to auctioneer in these Terms of Sale shall be deemed reserved and granted to auctioneer's employees, advertising representatives, and all owners for whom the items are being sold. We appreciate your attendance. Please present any questions or request at once to the auctioneer or his assistants. We hope that you will enjoy our methods and make advantageous purchases. Auction company reserves the right to remove items from auction or skip items once the auction has begun. In the event an item is removed from auction or skipped any Prebid's/absentee bids will be void. All announcements made by auctioneer shall supersede any printed material. Live / Simulcast/ Timed online auction additional terms-Equipmentdealz, LLC, its employees act merely as agents of sellers. All auctions are with reserve unless specifically stated otherwise. reserves, if any, are not disclosed. Additionally, bids may be placed at some auctions by the seller, an employee of the seller, or an agent on the seller’s behalf up to the reserve. While the information we provide on item(s) is deemed correct, no warranties are expressed or implied as to any items being sold and you agree to purchase and accept the item in an as-is condition. Information on items is obtained by us from the sellers and you hereby agree to hold harmless EquipmentDealz, LLC and its employees or any errors or omissions regarding the item(s) being sold. This information includes but is not limited to year, model, machine or engine hours, physical condition, options, features, and other data pertinent to the value of the item. All items are sold as –is where-is. EquipmentDealz Live, Proxibid, Equipment Facts, Bid Wrangler and others are all Online auction platforms utilized to allow bidders from around the world to purchase. At no fault of EquipmentDealz or the Auction platforms listed have any responsibility of a missed or non placed bid on either an online live Simulcast Auction, Online Pre-bidding, live onsite, remote auction or any other auction type, based on the Internet connection, “gliche” in the Software, or issue with the Auction companies Equipment. You as the bidder/buyer agree to hold EquipmentDealz, LLC and other Auction Platforms used harmless from the inability of the bidder to properly place bids in a timely manner, or to the fault of the internet connection between seller and buyer. EquipmentDealz reserves the right to revoke bidder number and bidding privileges from registered bidder and have that individual and their parties leave the auction site. Bidder will be responsible for payment of any bids placed prior to revocation. photography, video & audio recording is used on premises and will be used for security and/or promotional purposes. Injury and Damage: bidder acknowledges responsibility for any personal injury or property damage caused by bidder, bidder's guests, or agents. Bidder agrees to hold Equipmentdealz, LLC harmless from any personal injury to himself or his agents and any property damage incurred on auction premises or Sellers locations. Bidder releases EquipmentDealz, LLC and the seller from any and all liability connected with the removal and transportation of purchases and any and all future uses for the goods purchased here with. Bidder also agrees that by registering for an auction I understand and agree that I will receive advertisements by email, regular mail and phone call or text message. I understand that text and phone charges may be charged by my service provider. Exhibit “A” The Seller of the item, by and through the auctioneer, is hereafter referred to as “Seller” and the successful purchaser is hereinafter referred to as “Bidder”. Bidder accepts the item purchased (hereinafter referred to as “Property”) by being the successful bidder at auction subject to the following: A. Bidder is accepting the property “as is', 'where is' and “with all faults', including latent defects, including non-working, out of repair, broken and/or defective parts. B. Seller does not and has not made and specifically disclaims any warranties or representations of any kind or character, expressed or implied, with respect to the property, (except those set out in the warranty of title, if any) including, but not limited to: tax consequences; physical or environmental conditions; operating history; valuation; governmental approvals, governmental law and/or regulations; things relating to or affecting the property, including, without limitation: 1) The value, condition, merchantability, marketability, profitability, suitability or fitness for a particular use or purpose of the property. 2) The manner or quality of the construction or materials incorporated into any of the property. 3) The manner, quality, and/or state of repair or lack of repair of the property; and 4) The performance of the work on the property C. Bidder accepts the property solely based upon bidder’s inspection, testing and/or sole judgment after bidder inspected the property for whatever purpose deemed necessary or appropriate by bidder and bidder has satisfied him/her/itself in reference to same. D. Bidder has not relied upon, either directly or indirectly, on any representation or warranty of seller or any agent of seller. E. Bidder represents that: 1) Bidder is a knowledgeable purchaser of auction items, or if not, then bidder has hired knowledgeable person(s) to assist buyer in the examination, inspection and purchase of the property. 2) Bidder is relying solely on bidder’s own expertise and inspections in purchasing the property; or the expertise and inspections of the experts hired by buyer upon which buyer is solely relying as to the condition of the property. 3) Bidder has conducted such inspections and investigations of the property as bidder deems necessary, including, but not limited to, the physical and environmental conditions thereof and relies solely on same. F. There are not any oral agreements, warranties and/or representations, collateral to or affecting the property by seller, any agent of seller or any third party. G. The terms and conditions of this exhibit will expressly survive the closing, not merge with the purchase. H. Bidder further acknowledges and agrees that the provisions of this paragraph were a material factor in the determination of the purchase price of the property. I. As part of the consideration in the purchase of the property, bidder waives any causes of action, claims, and/or damages buyer could claim against seller in the future and waiving the discovery rule. J. Additional disclosures provided by the auctioneer also apply to the purchase of the property. k. Bidder accepts that the purchase is final, not subject to any returns.