BIDDER TERMS & CONDITIONS: Bidilla, Inc FL AB3574 Principal Auctioneer: Jeffrey Butirro, GPPA FL AU4361, FL AB3574, GA AU4107 BIDDING: Bidding on any item will be considered sufficient evidence that a bidder accepts all conditions set forth in these BIDDER TERMS & CONDITIONS. The Auctioneer has the authority to accept or reject any and all bids. The Auctioneer's decisions are final. BUYER'S PREMIUM: A Buyer's Premium of 15% will be charged on the total bid. EXAMPLE: If you intend to spend no more than $100.00 on an item, bid to $86.00. A 15% Buyer's Premium of $12.90 will then be added to the $86.00, bringing your total to $98.90. You will save $1.10. SALES TAX: Florida and Georgia Sales Tax (State and Local) will be collected on all sales made and delivered within the states of Florida and Georgia. The States of Florida and Georgia Departments of Revenue's Rules require that Sales Tax be charged on the total invoice price including Buyer's Premium. The buyer is responsible for all other out of state sales tax due on items shipped. Buyers purchasing items for Resale must provide a current Resale Certificate PRIOR to each Auction. Tax Exempt Bidders must provide a current Tax Exempt Certificate PRIOR to each Auction. MERCHANDISE: ALL ITEMS ARE SOLD "AS-IS, WHERE-IS" WITH NO WARRANTY EXPRESS OR IMPLIED, unless otherwise stipulated. We do our best in describing items. Time will be made available prior to each Auction for a preview of the items to be sold. It is the buyer's responsibility to carefully inspect the items prior to the Auction. Descriptions of an item are not meant to be used in lieu of actually inspecting the item yourself. Most items offered for sale are used and may contain defects not immediately detectable. Bidders are encouraged to inspect the property prior to bidding. Bidders must adhere to the preview and inspection dates and times posted. ALL SALES ARE FINAL. BIDDERS accept any and all liability and will hold Bidilla, Inc and the Okaloosa County Board of County Commissioners harmless for injuries sustained by BUYER or Agents, Employees, or Contractors, or any person acting on behalf of or in conjunction with the BUYER, during the preview and inspection and pickup of items being sold. DESCRIPTIONS AND PHOTOGRAPHS: Occasionally errors occur in item descriptions and photographs. Item descriptions or photographs are not to be used in lieu of a personal inspection of an item. Time is made available prior to the auction to inspect the items. ALL SALES ARE FINAL! PAYMENT: Payment is expected immediately following the Auction, on the day of the Auction. Your credit card on file with Proxibid will be charged following the auction. Acceptable forms of payment will be: Visa, MasterCard, Discover, American Express or wire transfer. ALL items invoiced to a bidder must be paid for prior to the bidder removing ANY of the items. If any payment is past due five (5) days following the auction, there will be a 5% late fee assessed to your invoice. If full payment not received by 5PM ET on the seventh (7th) day following the Auction, the nonpaying bidder will have their bidding privileges revoked from Bidilla, Inc and a dispute will be filed against them on Proxibid. ONCE A DISPUTE IS FILED, THE AUCTION IS CLOSED AND IT IS TOO LATE TO MAKE A PAYMENT. REGISTRATION: Registration is required in order to bid at any Bidilla, Inc Auction. This registration includes your name, address, phone number, email address, state issued Identification or Driver's License, and credit card number. Since the act of bidding at an Auction creates a binding contract, the giving of false registration information may constitute an act of fraud. By registering to bid you agree to be added to our email list. You have the option to opt-out after you receive the first email. ITEM PICKUP: You are bidding on an item located at an active commercial airport, governed by FAA rules, the laws of the State of Florida, and the ordinances of Okaloosa County, Florida. The beacon is located outside the airport fence. All cars will be removed from the site. However, other equipment is located in the area (including the airport fuel farm). The winning bidder will be responsible for removing the beacon including the pole and all supporting metal structure for the fixture itself. After removing the beacon pole from the base slab, any remaining anchor bolts or penetrations shall be removed or otherwise cut flush. Electrical power to the beacon has been disconnected and made safe back to the breaker panel. The generator in the photos will remain County property and does not convey with the beacon. Some vegetation clearing will be required for access. Removal actions, including erecting any crane, will be coordinated with the Airports Project and General Aviation Manager, 2 weeks in advance. All removal plans are subject to approval by the FAA. The winning bidder shall hire a contractor (if the winning bidder is not itself such a contractor) to oversee and remove the beacon. All contractors or subcontractors hired must be properly licensed, insured, and experienced in the removal of similar structures. The Contractor shall carry the following insurance coverage: COMMERCIAL GENERAL LIABILITY INSURANCE 1. The Contractor shall carry other Commercial General Liability insurance against all other Bodily Injury, Property Damage and Personal and Advertising Injury exposures. 2. All liability insurance (other than Professional Liability) shall be written on an occurrence basis and shall not be written on a claims-made basis. If the insurance is issued with an aggregate limit of liability, the aggregate limit of liability shall apply only to the locations included in this Agreement. If, as the result of any claims or other reasons, the available limits of insurance reduce to less than those stated in the Limits of Liability, the Contractor shall notify the County representative in writing. The Contractor shall purchase additional liability insurance to maintain the requirements established in this Agreement. Umbrella or Excess Liability insurance can be purchased to meet the Limits of Liability specified in this Agreement. 3. Commercial General Liability coverage shall be endorsed to include the following: 1.) Premises - Operation Liability 2.) Occurrence Bodily Injury and Property Damage Liability 3.) Independent Contractor's Liability 4.) Completed Operations and Products Liability 4. Contractor shall agree to keep in continuous force Commercial General Liability coverage including Completed Operations and Products Liability for the length of project. Proof of Liability Coverage is required prior to the commencement of any work. SPECIAL NOTES ON PICKUPS: Please bring loading assistance with you. There will be no loading assistance from Okaloosa County Employees or Bidilla, Inc. All loading is at ground level. THERE IS NO DOCK LEVEL DOOR! Some items may require disassembly or equipment to move from location. Please bring adequate tools and equipment with you. There will be no tools or equipment (ie: forklift, pallet jack, handtrucks, flatbed dollies, ladders, etc) available at the location. There will be no assistance from Okaloosa County Employees or Bidilla, Inc on disassembly. There is the possibility that your items may be blocked by other winning bidders' items. We ask that you use the same care and respect for their items as you would with yours. REMOVAL OF LOTS FROM A SALE: Bidilla, Inc will make all reasonable efforts to have all items advertised, available for sale. However, there may come an occasion that an item must be removed from the sale. Bidilla, Inc, assumes no liability for damages incurred by the removal of an item from a sale. RESERVE: Most items are offered without reserve or minimum bid. If an item has a reserve, a proxy bidder may bid on behalf of the seller until the reserve is met. However, we will not offer an opening bid on behalf of the seller. If no opening bid is received, or if the bidding does not reach the reserve amount, we will pass the item or submit the high bid as an "offer" to the seller for their acceptance. LIABILITY: By Bidding, the Bidder agrees to hold Bidilla, Inc and the Auctioneer harmless for errors & omissions. Further, the Bidder agrees to hold Bidilla, Inc and the Auctioneer harmless, as agents of the seller, for issues arising from the transfer of title of goods purchased. SELLERS: Sellers are NOT permitted to bid on their own items, nor are they permitted to have an employee or agent bid on their behalf, if the item is to be sold "Absolute" or without a reserve. EMPLOYEES & ASSOCIATES: Employees and associates of Bidilla, Inc are permitted to purchase lots at competitive bidding under the same terms, rules and regulations as the general public. ARBITRATION: In the event that a dispute arises from an Auction under these TERMS & CONDITIONS, the Bidder agrees to resolve the dispute through Binding Arbitration, whereby the prevailing party is entitled to reimbursement of their legal fees by the opposing party. VENUE: By bidding at this auction, the bidder agrees that the contract created by these conditions of sale is made and performed in the county where the Auction is conducted, in the State of Florida. Any dispute arising from this Auction will be resolved in, and under the laws of the County and State where the Auction was conducted. SEVERABILITY: The Bidder agrees that if any portion of these TERMS & CONDITIONS is deemed unenforceable or invalid, the remainder of the TERMS & CONDITIONS shall remain enforceable and valid. SHIPPING: The BUYER is responsible for all removal packing or packaging and shipping of all purchased items. BUYER accepts any and all liability and will hold Bidilla, Inc and Okaloosa County Board of County Commissioners harmless for damages to the purchased items and/or damages to the property of others incurred by the removal, packing or packaging and shipping process. BUYER accepts any and all liability and will hold Bidilla, Inc and Okaloosa County Board of County Commissioners harmless for injuries sustained by BUYER or Agents, Employees, or Contractors, or any person acting on behalf of or in conjunction with the BUYER, during the removal, packing or packaging and shipping process.