ERNIE D’S AUCTION ENTERPRISES TERMS OF AUCTION I , agree that these terms, as well as all other terms set forth below, can be amended or revised only in writing, signed by the Auctioneer. I also agree that any oral representation made by the Auctioneer shall not modify these ‘AS IS-WHERE IS’ terms. I understand that any description given in the catalog or written on the equipment is not guaranteed, and I will rely entirely on my inspection All information and descriptions contained in advertising this sale are believed Correct, but no responsibility is assumed by Auctioneer for any errors or omissions. The highest bidder for each Lot shall be the Purchaser, and in the event of any dispute the Auctioneers shall have absolute discretion either to settle such dispute or to re-offer the lot for sale. Once an item been declared sold to me, I cannot retract my bid and I will be required to carry through with purchase. INTERNET BIDDERS: BE SURE TO LOOK AT TERMS ON THE INTERNET BIDDING SITE AS THEY COULD CHANGE! TERMS OF SALE: Complete Payment Day of Sale. Payment for all items must be made in full on the day of sale with Cash or Cashier’s check or Credit Card with a 5% fee for Credit Card payment. Personal or Company checks must be accompanied by a “Valid Bank Letter of Guaranteed Payment”. Bank Wire Transfers are subject to a $15 fee for the transfer. All Internet purchases must be paid for in 5 business days. SALES TAX OF 6% WILL BE COLLECTED UNLESS THE BUYER HAS A SALES TAX EXEMPTION FORM AND FILLS OUT THE REQUIRED FORMS. I understand that any description given in the catalog or written on the equipment is not guaranteed, and I will rely entirely on my inspection All information and descriptions contained in advertising this sale are believed Correct, but no responsibility is assumed by Auctioneer for any errors or omissions. The highest bidder for each Lot shall be the Purchaser, and in the event of any dispute the Auctioneers shall have absolute discretion either to settle such dispute or to re-offer the lot for sale. Once an item been declared sold to me, I cannot retract my bid and I will be required to carry through with purchase.will not be responsible for bids missed due to internet failure, or any other technical difficulty. Purchases become my responsibility and I assume all risk of loss or damage immediately upon declaration of “SOLD” by the Auctioneer. Please inspect all items before bidding. All items are sold “AS IS, WHERE IS” with no warranties expressed or implied. The Auctioneer is acting as an agent only, and is not responsible for the acts of its principal. The purchaser &/or bidder is responsible for inspecting items before bidding! All sales are final! I agree that I will pay in full with cash or verified paid or certified funds within the time announced or posted at the auction site. If I pay by wire transfer, my purchase will be released to me upon confirmation of the wire transfer If I pay by company or personal check, I understand that ownership transfers upon declaration of “SOLD” the Auctioneer, but I will not be permitted to remove my purchase until the funds are verified paid or I have an approval I id or I have an approval in writing from the Auctioneer. Any check returned for insufficient funds shall incur a service fee of $50.00, as well as result in the breach of the terms of this contract for failure to make payment as required hereby, in which case Auctioneer shall have all rights and remedies provided herein. If for any reason Auctioneer is unable to deliver my purchase to me, or deliver such purchases free and clear of liens, I agree that Auctioneer may terminate the purchase agreement, in which case Auctioneer’s only liability shall be the return of monies actually paid by me. All items must be removed with-in 30 days, or as otherwise posted at the auction site. All my purchases shall be removed from the auction site without damaging any property and within 30 days of the date of the sale or as otherwise posted at the auction site. All costs, responsibility and risk of such removal shall be borne by me and, in ever* case, I will use prudence and care in such removal. If for any reason I fail to remove any of purchases within the time specified, the Auctioneer shall have the right but not the obligation, in sole discretion, to resell, discard or remove and store said purchase at my sole risk and expense, without waving any rights that Auctioneer or Seller may have against me. I shall be liable for all storage charges and damages paid by the Auctioneer because of my failure to remove my purchases. Storage charges for any items not removed within 30 days of the shall be assessed by Auctioneer at a daily rate of $20.00 per day. If I fail to complete the purchase of any item pursuant to these terms and conditions, any money deposited in part payment shall be first applied against Auctioneer’s damages, including storage charges, before payment of the purchase price. All items not purchased will be resold by public or private sale without further notice, at my risk and expense. In that event, I will be held responsible for any deficit between my successful bid and the price for which the item is resold and charges arising from such resale. I agree to indemnify and hold Auctioneer harmless from all loss, cost, expense and other damage (including reasonable attorney’s fees), directly or indirectly sustained by the Auctioneer or other Seller, arising from or related to me or my Agent’s failure to comply with these terms of bidding and sale or other breach of the terms of this Agreement. I shall not be entitled to any portion of the amount received by Auctioneer in the event of a resale in the catalog to the best of their ability. The Auctioneer takes no liability whatever in respect of any faults, deficiencies and errors of any description, oral or printed, nor do they accept responsibility for the authenticity, genuineness, origin, hours, age, condition or quality of any Lot and all statements as to these matters whether contained in the catalog or made orally are statements of opinion only and not to be taken as being or implying a statement or representation of fact. The Auctioneer provides no guarantees or warranties (express or implied) in respect of the Equipment contained in the Lot. Auctioneer accepts no liability for any purchase made by a Buyer in reliance upon them. The Buyer acknowledges he/she has read agrees to be bound by the additional terms and conditions set forth. In the event of legal proceedings arising from this contract or from the auction in connection therewith, I consent to being subject to the personal jurisdiction of the courts of the State of West Virginia and agree that the proper venue shall be the Court of Berkeley County, West Virginia. Please ask any questions you might have before bidding, so that when you get your item there will be no surprises EXPORTERS: will pay sales tax on purchases, if you take possession of the purchases in the United States. In order not to pay sales tax a Bill of Lading or Dock Receipt is required. MISC.: *Years on the lots may indicate model year during which they were put in service rather than when manufactured. *Insurance and removal is the buyer’s responsibility. *Ernie D’s will, at the sole risk of the buyer, assist in loading out non-rolling stock, provided such equipment can be safely lifted by our forklifts. DISCREPANCIES: In account of ANY discrepancies, the auctioneer and the clerk’s record keeping will be the FINAL judgment. TITLE POLICY: There is a $30.00 handling charge per titled vehicle and/or trailer. When filling out the title information-make sure your name and address are correct at that time. WE ARE NOT ABLE TO CORRECT ANY ASSIGNING MISTAKES! Auction Company guarantees good title to titled vehicles unless item is sold as “No Title”. If a title cannot be supplied for an item that was sold with a title, the Purchaser is entitled only to a refund of the purchase price upon return of the item. Any work done on the vehicle before receipt of the title is AT YOUR OWN RISK! We wish to thank all purchasers for their cooperation. REMOVAL: Removal shall be at the expense, liability and risk of the purchaser. Purchases can be removed only on presentation of paid bill. Once the bidder is successful on items, the items become the responsibility of the bidder. ERNIE D’S is not responsible for any loss or damage to any items. NO REMOVAL UNTIL PAID IN FULL!!! Items not removed after 30 Days become property of the Auction Company and Ernie D’s Enterprises! SHIPPING: Buyer pays ALL shipping costs. Buyer is responsible for any and all shipping cost and arrangements. And again, on behalf of Ernie & Connie Davis, Keya Davis, Keith Jackson and their staff at ERNIE D’s AUCTION ENTERPRISES thank you for attending another successful auction. If you need any assistance, please contact one of our staff. Have a great day!