ONLINE AUCTION – SPORTING GOODS AUCTION #3 TERMS AND CONDITIONS READ CAREFULLY AND COMPLETELY By Bidding in this Auction, All Bidders Agree to the Following Terms: 1. Lots begin closing in numerical order at 9:00 AM CT on January 24, 2013. This is a Public Auction. Bidders must provide a valid credit card to register to bid online. Inspection: Contact Sale Manager Carl Naylor at carl@JonesSwenson.com 2. Payment will be processed immediately after the last lot is sold on January 24th to the credit card number submitted at registration. Please contact info@JonesSwenson.com prior to the end of the auction if you would like to make different payment arrangements. An email confirmation & paid invoice will be emailed to buyer confirming process of payment. Payment can be made by VISA, MC, Discover, Wire Transfer or by cash or cashier’s check. A paid invoice will be required to remove purchases. Buyers should be available by cell phone (or other phone number provided at registration). Payment must be received by 4:00 PM CT January 25, 2013. No items may be removed until payment is made in full. 3. A 15% Buyers’ Premium will be added to each item purchased. 4. Sales tax will be charged unless the buyer has provided a Sales Tax Resale Certificate or Exemption Certificate or if the equipment is being shipped out of state via commercial shipper. Prospective buyers MUST fax or email their resale form at the time of online registration to (512) 261-9886 or info@JonesSwenson.com. 5. All items in the auction are being sold, “as is, where is” without warranties or guarantees of any type and with all faults. AUCTIONEER AND SELLER EXPRESSLY DISCLAIM AND EXCLUDE THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Bidders should rely solely on their own inspection of all items prior to the sale and should satisfy themselves as to the usefulness and value of each item. Any statement in the description regarding the items to be sold should be considered a guide and guide only. Any error in description does not relieve the buyer or his agent of their responsibilities. This merchandise was the new inventory of a retail store. Most of the manufacturers’ tags, packaging, boxes, etc. are still in place; however, some may have been lost or destroyed in transportation. This is an auction and everything is sold"AS IS". There will be NO REFUNDS, EXCHANGES or WARRANTIES. 6. Removal: All purchases must be removed on Saturday, January 26th between 9 AM and 4 PM CT or by appointment. Any concerns regarding removal should be addressed to Auctioneer prior to bidding. SHIPPING: Auctioneer offers shipping through NAVIS Pack and Ship Company. Contact Chris or Steve at (972) 248-3400 with any questions about the packing and shipping services. Any handling fee, Packing and Shipping charges are payable to the shipping provider. This is a separate charge from your bid amount; you will be contacted by the shipping provider and will pay them directly. Any items not picked up on January 26th will be given to Navis Pack & Ship on January 29th for shipment. Minimum cost for this service is $25. This includes pickup from auction site, packing/handling and shipping fees. 7. Seller, Auctioneer and buyer expressly agree that Buyer is responsible for and agrees to indemnify Seller, Auctioneer and their respective affiliates for any and all damages (whether based on contract, tort, warranty, negligence, strict liability or any other legal theory, and including special, incidental and consequential damages), losses, expenses, attorneys’ fees, court costs, etc., that arise out of or result from the removal, possession or use of any items purchased at auction, or any other claim regarding the use or possession of any asset purchased at auction. 8. The Auctioneers will not be responsible for property acquired that is not removed within the time period allowed. Any item not removed on time will be deemed abandoned. Buyer accepts full responsibility for all costs incurred by Auctioneer or seller for removal/storage/disposal of abandoned merchandise. 9. All buyers must acknowledge and accept the Terms and Conditions provided at the time of online registration. W. Scott Swenson, CAI, GPPA, TX 7809 TX Broker #0425652 Dallas Office: (972)387-1110 Austin Office: (512)261-3838 www.jonesswenson.com Proud Members of the Texas & National Auctioneer Associations