BIDDER TERMS & CONDITIONS: BUYER'S PREMIUM: Tiered Commercial Fuel Trucks – 5% All other items – 10% Principal Auctioneer: Daniel W. Enyeart BIDDER TERMS & CONDITIONS: PLACING A BID AT THIS AUCTION, SIGNIFIES YOUR AGREEMENT TO THE FOLLOWING TERMS & CONDITIONS Any reference to this sale as an auction shall be construed as to mean a segment of an ongoing online auction for this entity. Therefore the word "auction" contained herein, refers to an auction segment in a series of auction segments controlled by a master online auction contract for the seller. Enyeart Auction & Realty is contracted by the seller to sell the items subject to this sale and is not itself the owner of any of these items. ENYEART AUCTION & REALTY BUYER'S PREMIUM: Tiered Commercial Fuel Trucks – 5% All other items – 10% PAYMENT DUE DATE: December 7, 2018, hereinafter referred to as PAYMENT DUE DATE, is the final date we will accept payment for your invoice. Please see below for payment instructions. PICKUP DATE(s) & TIME: Saturday, December 1st, 12:00 pm to 5:30 pm. December 7, 2018 will be the final pickup date for all items. Payment must be received before items are removed. Hereinafter referred to as PICKUP DATE, are the actual dates scheduled for you to pick up your purchased items. If you cannot make these pickup dates, contact us PRIOR TO BIDDING to see if there is any flexibility. For pickup instructions, please see below. PREVIEW DATE(s) & TIME(s): Preview of an item must be made by a prearranged appointment by calling 660-651-1101 or email dwerealestate@gmail.com. CHECKOUT DATE & TIME: PAYMENT IS DUE IMMEDIATELY FOLLOWING THE AUCTION. You will receive an invoice at the email you have on file with Proxibid®. Enyeart Auction & Realty will do its best to get invoices emailed to you the day of the auction. However, late running auctions may cause a delay in receiving your invoice to the next business day. AUCTION LOCATION: Online Only - Items are located at: 430 N Lincoln Ave, Marshall, MO, 65340 PARTICIPATION REQUIREMENTS: Valid Credit Card required for bidding approval even though credit card may not be accepted as a payment option in this auction. It is necessary for Proxibid ‘s dentification purposes. PAYMENT OPTIONS: Cash, Check, Money Order, Wire Transfer, and PayPal Payment Instructions: A valid Credit Card is required for registration. Your credit card will not be charged or used as payment on this auction. A 10% Buyer's Premium will be added to the High Bid Price at close of Auction to determine Final Price. If you purchase one of the commercial fuel trucks, only a 5% Buyer's Premium will be charged. If you pay through PayPal, an additional 2% charge will be placed on your total. All invoices must be fully paid by the PAYMENT DUE DATE. Wiring instructions will be sent to the winning bidder in the email with the invoice. It is the winning bidder's responsibility to make sure all invoices are paid by the PAYMENT DUE DATE. ALL items (items or otherwise) invoiced to a bidder must be paid for prior to the bidder removing ANY of the items. If Full Payment is not received by 5PM Central on PAYMENT DUE DATE, the winning bidder will have their bidding privileges revoked from us and a dispute will be entered into the Proxibid® platform. Once a dispute is filed the auction is closed. FOREIGN BUYERS: Wire Transfer Currency Type: USD ITEM PICKUP: Bidder is responsible for having items towed off the property. All items are to be picked up by the buyer on PICKUP DATE, after full payment of the invoice and verification of funds. No party, other than Enyeart Auction & Realty is authorized to release any item sold at this auction. ALL ITEMS MUST BE PICKED UP BY PICKUP DATE. THERE ARE NO EXCEPTIONS TO THIS. ANY ITEM REMAINING AFTER PICKUP DATE WILL BE CONSIDERED ABANDONED PROPERTY. NO REFUNDS WILL BE GIVEN ON ABANDONED PROPERTY. SPECIAL TERMS OF SALE: YOUR PURCHASE IS NOT CONTINGENT UPON FINANCING. DO NOT BID UNLESS YOU HAVE THE FUNDS TO PAY FOR YOUR PURCHASE ALL ITEMS SOLD "AS IS - WHERE IS" WITH NO WARRANTY EXPRESSED OR IMPLIED BIDDING: Bidding on an 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 or all bids. The Auctioneer's decisions are final. BIDDER AGREEMENT: In the event that you are the high bidder, by the act of bidding you hereby agree to purchase the item for the total purchase amount of the last (high) bid plus the buyer's premium plus all taxes. You further agree that ANY STOP PAYMENT OF A CHECK OR WIRE TRANSFER, STOP PAYMENT ON YOUR CHARGE CARD, OR GIVING A CHECK THAT IS RETURNED FOR INSUFFICIENT FUNDS SHALL BE IN ITSELF PRIMA FACIE EVIDENCE OF FRAUD EXISTING AT THE TIME THE OF THE TRANSACTION; EITHER OF THESE ACTIONS SHALL BE CONSTRUED BY THE PARTIES AS AN INTENT TO DEFRAUD IN ORDER TO CONSUMMATE THE TRANSACTION. You also agree that Enyeart Auction & Realty is entitled to receive any and all fees or commissions outlined in these Terms & Conditions, on any item sold, due to or presented at an auction event, and up to 30 days thereafter. MERCHANDISE: All items are sold "As-is, Where-is" with no warranty express or implied. We do our best in describing items. However, no items are guaranteed. Time will be made available prior to each Auction Segment for a preview of the items to be sold. It is the buyer's responsibility to carefully inspect the items prior to the Auction Segment. Most items offered for sale are used and may contain defects not immediately detectable. Bidders are encouraged to inspect the items prior to bidding. Mechanic inspections may be arranged by appointment. Otherwise, bidders must adhere to the inspection dates and times indicated in the item description. ALL SALES ARE FINAL. There is no "Cooling Off Period." If you are the high bidder, ownership changes hands immediately upon the auctioneer, or online bidding platform saying "SOLD". At that point, you own the item and are responsible for payment in full. Enyeart Auction & Realty is not responsible for lost, stolen or damaged items. DESCRIPTIONS AND PHOTOGRAPHS: Item descriptions or photographs are not to be used in lieu of a personal inspection. Information provided in descriptions are from sources deemed reliable but are not guaranteed. Bidders are encouraged to inspect the items. RETURNS: All sales are final. No returns will be accepted. DEFAULT OF PURCHASER: In the event that the auction is closed with a defaulting purchaser, in addition to asserting all remedies available by law, Enyeart Auction & Realty may take any or all of the following actions: the cancellation of the sale, holding the defaulting purchaser liable for the purchase price, retaining as liquidated damages any payment made by the defaulting purchaser, reselling the item(s) without reserve at public auction, privately selling the item(s) after giving seven (7) days' notice to the defaulting purchaser, or by taking other action(s) that Enyeart Auction & Realty deems necessary or appropriate. If Enyeart Auction & Realty resells the item(s), the original defaulting purchaser shall be liable for the payment of any deficiency in the purchase price and all costs and expenses, including storage, the expense of both sales, reasonable attorney's fees, commission, incidental damage, and all charges or fees due. In the event that such purchaser pays a portion of the purchase price for any or all items purchased, Enyeart Auction & Realty shall apply the payment received to such item(s) that Enyeart Auction & Realty, in its sole discretion, deems appropriate. Any defaulting purchaser will be deemed to have granted Enyeart Auction & Realty a security interest in, the item(s). Enyeart Auction & Realty may retain as collateral security for the obligations of the defaulting purchaser to Enyeart Auction & Realty any property in Enyeart Auction & Realty’s possession owned by such a defaulting purchaser. REGISTRATION: Registration is required in order to bid at any Enyeart Auction & Realty Auction. This registration includes your name, address, phone number, email address, state issued Identification or Driver's License. Since the act of bidding at an Auction creates a binding contract, the giving of false registration information may constitute an act of fraud. INVOICING OF ITEMS PURCHASED WILL BE DONE ACCORDING TO THE INFORMATION GIVEN TO US AT THE TIME OF REGISTRATION - NO EXCEPTIONS. BY REGISTERING TO BID, YOU CERTIFY THAT YOU UNDERSTAND THAT YOU ARE THE PURCHASER OF ANY WINNING BID MADE WITH YOUR BIDDER NUMBER. REMOVAL OF LOTS FROM A SALE: Enyeart Auction & Realty 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. Enyeart Auction & Realty assumes no liability for damages incurred by the removal of an item from a sale. RESERVE: Some items may be sold with a Reserve or Minimum Bid. If an item is offered with a reserve, the auctioneer may bid on behalf of the seller until the reserve is met. If the reserve is not met, Enyeart Auction & Realty will submit the highest actual bid as an "offer" to the seller for their acceptance. ONLINE BIDDING: Using an online bidding service, a bidder must in addition to accepting and following the terms outlined herein, accept and follow the Terms & Conditions set forth by the online bidding service. Enyeart Auction & Realty assumes no liability for damages incurred by the failure or disruption of online services. LIABILITY: By Bidding, the Bidder agrees to hold Enyeart Auction & Realty and the Auctioneer harmless for errors & omissions. Further, the Bidder agrees to hold Enyeart Auction & Realty and the Auctioneer harmless, as agents of the seller, for issues arising from the transfer of title of goods purchased. EMPLOYEES & ASSOCIATES: Employees and associates of Enyeart Auction & Realty are permitted to purchase items at competitive bidding under the same terms, rules and regulations as the general public. DISPUTES: Should any dispute arise after the sale; the auctioneer's records shall be conclusive in all respects. ARBITRATION: In the event that a dispute arises from an Auction under the terms herein, 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. LITIGATION: Any litigation brought forward by bidder/purchaser will be against seller. Enyeart Auction & Realty is merely performing an auction service and does not own the property. Upon litigation, bidder/purchaser will not be entitled recovery of fees earned by Enyeart Auction & Realty duly performing its service. VENUE: By bidding in this auction the bidder agrees that the contract created by these conditions of sale is made and performed in the county and state where the items are located. 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 is deemed unenforceable or invalid, the remainder of the terms shall remain enforceable and valid.