TERMS & CONDITIONS The following terms and conditions apply to this auction: All items are sold AS-IS, WHERE-IS, WITH NO WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESSED OR IMPLIED. Catalog is for informational purposes only. It is up to the bidder to inspect the merchandise thoroughly. ONLINE BIDDERS: BUYER BEWARE! BIDDER REGISTRATION: The deposit guarantee requirement is $5000. If you do not make a purchase, your deposit guarantee will be released on the first business day after the auction. DO NOT USE A DEBIT CARD FOR YOUR DEPOSIT GUARANTEE. If you use a debit card your funds will be unavailable to you from the time you register until after the auction is over. Once the deposit guarantee is released, it can take up to 10 days for your funds to become available again. If you are on our auto-accept bidder list, you will be automatically approved for the auction you are registering to bid for. If you are a ProxiBid auto-accept customer you will also be automatically approved for the auction you are registering to bid for. Otherwise, you will need to make a deposit guarantee with a valid CREDIT CARD. Auctioneer reserves the right to require additional deposit funds at the auctioneer's discretion. If you make a purchase, you will receive an invoice in your email once the auction has concluded. You must contact us to make a payment arrangement by 2:00 PM on the first business day following the auction. If you do not make a payment arrangement in the allotted time, your credit card will automatically be charged and credited to your invoice. All credit card payments are subject to a 3% non-cash fee on the amount charged to your card. All deposits credited to your balance due invoice are non-refundable. If you do not pay your invoice in full, your deposit will be forfeited. Deposit will be forfeited if not removed within specified time frame or as otherwise agreed to in writing with Sandy City. Deposit will be refunded once the building has been removed within the time parameters allowed. 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. 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. The balance for all invoices is due, in full, but 2:00 PM on the first business day following the auction. If you fail to make a deposit or a payment, you will be in default. Invoices not paid in the allotted 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. Merchandise becomes the full responsibility of the buyer at time of his/her successful bid is accepted by the auctioneer. Buyer assumes all risk of loss and damage to property until it is removed from sale premises. HOW YOU REGISTER IS HOW ALL INVOICES, TITLES, AND RELATED PAPERWORK WILL READ. WE DO NOT CHANGE NAMES, ADDRESSES, OR TAX STATUS ONCE YOU HAVE REGISTERED. NO EXCEPTIONS!! Please review information thoroughly before submitting it online or signing for your bid card in person. BUYER'S FEE SCHEDULE Below is a list of fees charged to the buyer. Fees vary based on whether you are bidding and/or paying online or in person. A buyer's fee is charged on all items in the auction. Invoices will initially reflect the cash amount. Additional fees apply for credit and debit payments. 13% (payment by cash, cashier's check, money order, traveler's check, or wire transfer) 14% (payment by debit in person) 16% (payment by credit either in person or over the phone) SALES TAX: Sales tax is charged on all items in the auction. Taxable items will be charged at the current local tax rate at the point of sale. If you have a resale or dealer's license and are exempt from sales tax, you must provide a current copy of your resale certificate at the time of bidder registration. If you are registering as an online bidder, please be prepared to provide your resale certificate at the time you receive your invoice. REMOVAL: STRUCTURE MUST BE REMOVED BY APRIL 10, 2017 AT 4 PM. SEE BELOW FOR INSURANCE REQUIREMENTS FOR REMOVAL: INSURANCE, BONDS and INDEMNIFICATION REQUIREMENTS FOR ENTITIES CONTRACTING WITH SANDY CITY FOR: DECONSTRUCTION, SALVAGE AND REMOVAL AT 8775 SOUTH 700 WEST 2017 Contracting party shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which arise out of or in connection with the performance of the work here under by the Contracting party, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contracting party=s bid or proposal. A. MINIMUM LIMITS OF INSURANCE Contracting party shall maintain limits no less than: 1. GENERAL LIABILITY: $1,000,000 combined single limit per occurrence, personal injury and property damage. $2,000,000 aggregate. Broad Form Commercial General Liability is required. (ISO 1993 or better). Personal Injury, Premises-Operations, Products-Completed Operations, Independent Contractors and Subcontractors Fire Legal Liability, and when appropriate, coverages for explosion, collapse, underground (XCU) hazards. 2. AUTOMOBILE LIABILITY: $1,000,000 per occurrence. Any Auto coverage is required. 3. WORKERS' COMPENSATION: Workers' compensation statutory limits as required by the Workers Compensation Act of the State of Utah and Employers Liability limits at a minimum of $300,000 each: Accident, Disease, Employee. B. DEDUCTIBLES AND SELF-INSURED RETENTIONS Any deductibles or self-insured retention exceeding 5% limit of policy must be declared to and approved by Sandy City. At the option of Sandy City, either; (1) the insurer may be required to reduce or eliminate such deductibles or self-insured retention as respects Sandy City, its officers, officials and employees; or (2) the contracting party may be required to procure a bond guaranteeing payment of losses and related investigations, claim distribution and defense expenses. C. NOTICE OF INCIDENT OR ACCIDENT Contracting party shall agree to disclose to Sandy City, all incidents or occurrences of accident, injury, and/or property damage covered by the insurance policy or policies. D. OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain, the following provisions: 1) Professional Liability and Automobile Liability Coverages a) Sandy City, its officers, officials, employees and volunteers are to be covered as an additional insured as respects: liability arising out of activities performed by or on behalf of the contracting party; products and completed operations of the contracting party; premises owned, leased, hired or borrowed by the contracting party. The coverage shall contain no special limitations on the scope of protection afforded to Sandy City, its officers, officials, employees or volunteers. B. The contracting party's insurance coverage shall be a primary insurance as respects to Sandy City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by Sandy City, its officers, officials, employees or volunteers shall be in excess of the contracting party's insurance and shall not contribute with it. C Any failure to comply with reporting provisions of the policies shall not affect coverage provided to Sandy City, its officers, officials, employees or volunteers. D The contracting party's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. 2) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against Sandy City, its officers, officials, employees and volunteers for losses arising from work performed by the contracting party for Sandy City. III. All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to Sandy City. E. ACCEPTABILITY OF INSURERS Insurance and bonds are to be placed with insurers admitted in the State of Utah with a Bests' rating of no less than A-, IX, and in the limits as listed in this document, unless approved by the Director of Risk Management . F. VERIFICATION OF COVERAGE Contracting party shall furnish Sandy City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be furnished to and accepted by Sandy City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, with all endorsements, at any time. G. SUBCONTRACTORS Contracting party shall include all subcontractors as an insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All Coverages for subcontractors shall be subject to all of the requirements stated herein. H. INDEMNIFICATION / LIABILITY Contracting party shall indemnify, defend and hold harmless the Customer, its officers, agents, employees and volunteers from all damages, costs or expenses in law or equity, including attorneys fee, that may at any time arise or be set up because of damages to property, bodily injury or personal injury received by reason of or in the course of providing the goods and services provided to the City which may be occasioned by any willful, negligent or wrongful act or omission of the contracting party, any of their employees or any subcontractors. ADDITIONAL TERMS 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. 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. TNT Auction reserves the right to refuse service to any person or entity. 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. GOVERNING LAW: This Auction shall be conducted subject to UTAH Law. Any laws that apply, both Federal and State will be subject to UTAH Jurisdiction. 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 proxy 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. PLEASE CHECK OUR WEBSITE FOR A CALENDAR OF OUR UPCOMING AUCTIONS! www.tntauction.com