Silent Partner Auctions Terms and Conditions of Sale Warranty Disclaimer: ALL SALES ARE FINAL. All items are being sold As Is , Where Is, With All Faults and without any warranties as to merchant ability of fitness for a particular purpose. The principal, Silent Partner Auctions LLC, the advertising coordinator, and any of their agents make no express or implied warranties of any type. All information was obtained from sources deemed reliable. Although every precaution has been taken to ensure accuracy, the principal, Silent Partner Auctions LLC. The advertising coordinator, and all of their agents shall not be responsible for any errors or omissions therein. It is for this reason that we recommend that all items be thoroughly inspected prior to the point of sale. Please feel free to Contact Silent Partner Auctions LLC with any questions about Assets being sold Ed- 206-228-5372 Richard -253-549-3629 Email Each potential Bidder is responsible to conduct, at their own risk and cost, their own independent inspections, investigations, inquiries, and due diligence concerning the property. Bidder shall be fully responsible for confirming that each item bid on is appropriate for Bidders intended use. Some items may have minimums or reserves. Therefore, bidder acknowledges they have been informed that Auctioneer may bid at the auction for its own account or on behalf of a third party or the seller. Silent Partner Auctions LLC reserves the right to withdraw any property at any time before actual sale. Payments; All Payments due within 48 hours of Auction Closing Cash, Cashiers Checks, Wire Transfers, and Credit Cards, Visa, Master Card accepted. There will be a Credit Card fee of_____ payable to Silent Partner Auctions LLC. No equipment will be removed from the sale site until payment is received NO EXCEPTIONS! Wire transfer information: Wells Fargo Bank 420 Montgomery St San Francisco CA 94104 1-800-869-3557 SILENT PARTNER CONSULTING LLC Routing # 125008547 Account# 2639885462 For International payments please contact Silent Partner Auctions LLC prior to Bidding at ed@bidexc.com 15% (Fifteen) Buyer's premium will be applied to all sales. If the hammer price of an item is $100.00 the buyers premium will be $15.00 for a total purchase price of $115.00. Plus Tax if applicable. It is the buyer's responsibility to secure all equipment to meet all applicable government safety standards in using or removing items purchased. All Import, Export, Taxes, Packaging, Rigging & Transportation fees are the buyer`s responsibility. 10.4% (Ten and Four Tenths) Sales Tax will be added to the purchase of all taxable items. Dealers who purchase for resale must provide Silent Partner Auctions LLC with a copy of Resale Certificate. Sent to EMAIL. If sales tax is not collected at the time of sale and is deemed needed to be paid at a later date, buyer agrees to pay all required taxes. In the event the purchaser fails to pay for Assets purchase within the time set forth by the auctioneers and/or fails to comply with any of the conditions or terms of sale, the seller may retain and/or recover the deposit specified as liquidated damages and, in addition thereto, items that are not paid for can be resold at public or private sale without further notice. Any deficiency resulting from such resale shall be paid to the auctioneers by the defaulting purchaser together with all charges, fees, and expenses incurred by such resale and enforcement of the obligation here under. SHIPPING: All Handling, Packaging, and shipping will be handled by Silent Partner Auctions. UPS is the preferred shipper. Due the size of this event and the number of anticipated packages being shipped, please allow up to 2 weeks delivery time for packages to arrive Removal: No lot can be removed DURING the auction sale. Removal is at the expense, risk and liability of the purchaser. Purchases will be released only upon presentation of paid Invoice. The Auctioneer will not be responsible for items not removed within the time allowed, but does have the option to remove and store, at the risk and expense of the purchaser, any article purchased but not paid for and removed within the time limit.(See Removal Dates and Times in Auction details) It is the responsibility of the Buyer to completely remove any article purchased and should any part of such article be abandoned, the Buyer will be liable for any expenses involved in its removal. The Auctioneer nor Seller in no event is liable to the Buyer for non-delivery of any item(s) for any reason except for the return to the Buyer of the deposit or other sums paid for such non-delivered items. This non-delivery period extends from the fall of the hammer until the time allotted for the removal process concludes. In no event will the auctioneers or sellers liability to the Buyer exceed the amount actually paid by the Buyer. The Buyer hereby acknowledges and agrees that the auctioneer and seller shall not be liable for special, consequential or incidental damages. The Buyer agrees to remove its purchases in full, with no abandonment privileges, from the premises on or before the date and time Stated by Silent Partner Auctions LLC prior to bidding. No extensions will be granted. The Buyer must present the original removal copy of the customer invoice to the Auctioneers personnel prior to removal of any item. The Auctioneer is not liable for personal belongings left on premises. Any surface or structural damage to the premises including but not limited to the walls, ceilings, floors, overhead doors, gates and/or any other item(s), etc. will be the Buyers sole responsibility. The Buyer will not be permitted to leave with its purchases until repairs are made. Theft will not be tolerated and Auctioneer reserves the right to inspect all trucks, toolboxes and rigger cases, etc. Instances of theft will result in immediate termination of removal privileges and full prosecution by law. All quantities must be checked prior to removal, as adjustments will not be made thereafter. These terms and conditions together with any amendments or modifications, expressly made by Auctioneer at the time of the auction constitute all the terms and conditions with respect to the sale of items at this auction. Penalty for Failure to Remove: Additionally, if the equipment is not removed after the specified removal dates, each individual or company will be charged a fee equal to $100.00 USD per day for removal services rendered by Auctioneer. Rigging/Removal of Purchased Items: A list of riggers, shippers, or third-party vendors may be provided by the Auctioneer; however, the Auctioneer is not affiliated with any machinery rigging, transport or export company. The names and contact information of available companies are provided solely as a courtesy to the Buyer. The Auctioneer does not endorse or guarantee the services of any machinery rigging, transport or export company, Adjustments. After Buyer has removed any item from Silent Partner Auctions LLC possession, Silent Partner Auctions LLC shall have no obligation to make any adjustment or accommodation to Buyer because of any mistake in quantity or other defect or problem with respect to such item. Buyer must make all requests for adjustments before any item is removed from the premises where the auction is conducted. The Buyer must present the Auctioneer’s personnel with a valid commercial general liability insurance certificate in a minimum amount of $1,000,000.00 combined single limit per occurrence coverage naming the Auctioneer as additional insured. If available, bridge cranes and hoist may be used only by the Buyer if crane insurance is included on their certificate and only with the written permission of the crane owner. In addition, the Buyer must provide the Auctioneer proof of workers compensation insurance. Should any pits, floor bolts or hazards of any type exist after removal of equipment, it is the responsibility of the Buyer, at its cost, to guard these areas using generally accepted safety practices, such as safety tapes, pipes or bars welded in place or suitable safety barriers acceptable to the Auctioneer. All floor bolts and/or anchoring fasteners are to be cut flush to the floor and the area left broom clean and all debris removed. It is the responsibility of the Buyer to be sure that the power to the item(s) is off and then to safely disconnect wiring and utility piping from the item(s) and to cap at the first electrical or air junction of the item(s). Item(s) are to be staged for loading in the area assigned by the Auctioneer’s personnel. It is the Buyer’s responsibility to secure all safety equipment to meet all applicable government safety standards in using or removing any items purchased. Certain items may contain residual chemicals and/or hazardous materials. The Buyer hereby agrees to indemnify and hold harmless the Auctioneer and seller from any and all damages, claims or liabilities from any injuries to persons or property of any type whatsoever caused by the Buyer, its agents, employees or contractors during the sale or during the removal, use or operation of the purchased item(s). Any hydraulic fluid removal and/or oil leaks are the Buyer’s responsibility to remove and clean up. The Buyer must take full responsibility for compliance with applicable environmental laws and exercise all reasonable care to ensure that there is no release to the environment of any hazardous wastes or substances as defined in applicable Federal, State and Local Statues, Regulations, Rules or Ordinances. Venue for Disputes: In the event that any disputes arise involving Auctioneer or Seller (FOR ANY REASON), by bidding at the auction BUYER AGREES TO THE STATE OF Washington AS A VENUE FOR ALL DISPUTES. Buyer hereby agrees to reimburse Auctioneer or Seller for any fees or costs (including reasonable attorney fees) Auctioneer or Seller may incur in defending this Venue provision, or any provision set forth herein. Technology Disclaimer: 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 this auction is conducted electronically and 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 item/lots that were affected by any malfunction. The decision of the Auctioneer is final. 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 as you, the Bidder, will be responsible for any and all bids placed under your number. 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 Auctioneer immediately.