FIRST CAPITOL AUCTION, INC. TERMS AND CONDITIONS OF SALE TERMS & CONDITIONS: Notice and Disclaimers: Any item offered for sale shall be sold “AS IS, WHERE IS” and with all of its faults. Inspection of vehicles for age, mileage, major collision repairs, frame damage, etc. is the bidder's sole responsibility. Principals, auctioneers and advertising counsel will not be held responsible for advertising inaccuracies and discrepancies. Please call auctioneers for additions and deletions. First Capitol Auction Inc is a licensed vehicle dealer. Any vehicle that does not pass smog or California safety requirements cannot be auctioned to the public and can be sold only to licensed vehicle dealers or dismantlers. Vehicles that pass California emission and safety requirements will be sold to the public and subject to all vehicle processing fees. Non-compliant diesel vehicles/equipment, whether municipal or privately owned may be sold to the general public but cannot be registered or operated in California without a California retro-fit. It is up to the buyer to determine if diesel engines or equipment with diesel engines are compliant and can be permitted in the Sate of California. For more information contact the State of California Air Resource Board or your local Air Quality Control Board. REGISTRATION: You must register in order to bid. A valid driver's license is required for registration. If you are registering as a dealer you will need a copy of your Dealers License and Sellers Permit. Your bidder number is a contractual document and you are responsible for anything sold to that number. Guard it carefully. No one under the age of 21 years old is allowed on any piece of construction equipment. INSPECTION: Inspection is the day before the sale, 9am-4pm. It is the responsibility of the buyer to make their own determination as to the accuracy of the items descriptions, relative to age, condition, make, model, mileage, and serial number. All items are sold on an “AS IS, WHERE IS” basis without any warranty, expressed or implied. Buyer agrees that they understand all of the verbal and written terms of the auction and agrees to abide by all of them. ALL SALES ARE FINAL, NO REFUNDS, OR ADJUSTMENTS PAYMENT: Payments must be made by cash, cashier check, wire transfer or company check with bank letter of guarantee to First Capitol Auction, Inc. Twenty-five percent (25%) deposit required day of sale and balance due the following Monday. We DO NOT accept credit/debit cards or personal checks. If the buyer neglects to leave a 25% deposit and the property is not paid in full by the close of business on Monday, First Capitol Auction, Inc. reserves the right to rescind the sale of any and all items bid upon by the purchaser. BUYER'S PREMIUM: There is 2% internet fee charges to internet buyers AND a 15% buyers premium charged to all items sold to onsite and internet buyers. PURCHASE OF VEHICLES: First Capitol Auction, Inc. is a California licensed automobile dealer. All vehicles purchased will be registered with DMV in the name of the person registered to the bidder number. No exceptions. No changes. FEES: 1. A $70.00 processing fee will be added to the sale of any items involving titles, registration, any DMV documentation or processing. 2. A $58.25 fee for smog inspection and certificate will be assessed on all vehicles that require smog certification. 3. Applicable sales tax on all items including vehicles will be collected. 4. On titled vehicles, First Capitol Auction, Inc. will collect all appropriate DMV fees and register the vehicle for you. It is possible that the DMV fees due are more or less than is estimated on the contract. Any additional fees due to DMV will be the buyer's responsibility. REMOVAL: Property may not be removed until paid in full and not until after 2 pm auction day. All property must be removed no later than 5 pm on Wednesday following the auction. Storage fees in the amount of $50.00/day per item will be charged for any items left in our yard three (3) business days after the auction. All property is sold “AS IS, WHERE IS”, and ALL SALES ARE FINAL. Property is open to thorough public inspection. It is the Bidder's responsibility to determine condition, age, authenticity of item. First Capitol Auction Inc describes the merchandise in advertising, on the Internet and at the auction but makes no representations as to the accuracy of any given description. In no event shall First Capitol Auction Inc. be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value. Bidders who do not preview items prior to auction, understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. It is the Bidder's responsibility to determine condition, age, authenticity of item, value or any other determinative factor. First Capitol Auction Inc. shall endeavor to describe in detail each item and any pertinent information about it. First Capitol Auction Inc. will not be responsible for any errors or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the item itself. Bidder agrees that everything is sold as is and that they may not return any item they purchase. First Capitol Auction Inc. is providing Internet pre-auction and live bidding as a service 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 First Capitol Auction Inc. or anyone else if the Internet service fails to work correctly before or during the live auction. First Capitol Auction Inc will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should use the proxy-bidding feature and leave their maximum bid 24 hours before the auction begins. First Capitol Auction Inc. reserves the right to withdraw or re-catalog items in this auction.