TERMS AND CONDITIONS OF THE AUCTION By registering to bid or placing a bid, you agree to be bound by all of these terms & conditions and any other announced terms and conditions of sale or rules of the site. All internet bidders agree that bids placed on the internet shall have the same legal effect as if they were in attendance at the auction in person. ASK QUESTIONS BEFORE YOU BID. THERE ARE NO REFUNDS AND NO RETURNS!!! 1. All persons attending the exhibition, sale or removal of merchandise assume all risks of damage to person or property and specifically release and indemnify Rocky Mountain Estate Brokers Inc. (RMEB), whitleyauction.com & David P. Whitley from any liability. 2. Bidder agrees that all property is sold “AS-IS WHERE-IS” with no warranties express or implied and ALL SALES ARE FINAL. Property is open to thorough public inspection. Bidders who bid from off site and are not present at the live auction or preview understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. The photos cannot show all potential damage so it is best to inspect in person. No sales will be voided due to a buyer’s failure to inspect in person. It is the Bidder’s responsibility to determine condition, age, genuineness, value or any other determinative factor. RMEB may attempt to describe the merchandise in advertising, on the internet and at the auction but makes no representations. In no event shall RMEB be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. RMEB does not guarantee any appraisals, gradings or certifications. If you have any questions about the merchandise, ASK THEM BEFORE BIDDING. Bidder shall be the sole judge of value. It is Bidder’s responsibility to determine if any item is legal where they live. There are no refunds for any reason. RMEB 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 he or she may not return any item they purchase for any reason accept an intentional and material misrepresentation of the item itself made by RMEB. Bidder’s sole remedy in the event of an intentional and material misrepresentation of an item shall be to return the item, at their expense and in the same condition it was shipped to them. If RMEB agrees that the item was materially and intentionally misrepresented RMEB will refund the Bidder’s purchase price to him/her. Bidder agrees that under no circumstances whatsoever will RMEB ever be liable to any bidder for an amount greater than the purchase price of the item they purchased. BIDS CANNOT BE REMOVED UNLESS IT IS AN OBVIOUS TYPOGRAPHICAL ERROR. MAKE CERTAIN WHAT YOU ARE BIDDING ON BEFORE YOU BID. 3. RMEB reserves the right to charge the Bidder’s credit card the full amount of any or all of Bidder’s bids at any time. This is an Internet Only Auction, sales are not final until the results are certified by RMEB and you receive an invoice via email. Everything MUST be paid for in full by 3:00 PM Saturday July 13, 2013. All internet Bidders agree to pay a buyer’s premium equal to Eighteen and One Half Percent (18.5%) of the hammer price of each item they purchase. If the hammer price of an item is $100.00, the buyer’s premium will be $18.50 for a total purchase price of $118.50. Under state law, sales tax will be collected on the entire amount. There is a 3.5% discount for cash payments THE DAY AFTER THE AUCTION ONLY. 4. If you plan to register a titled vehicle in an area that requires an emission or other test, emissions or other tests are not guaranteed and it is sold AS-IS unless stated otherwise in the item description. All titled vehicles are sold AS-IS TOW AWAY in regards to emissions tests. Emission tests are not provided unless it is stated in the item description. If an emission test is provided, it is only valid in the area for which it was issued. It is the buyer’s sole responsibility to determine if a titled vehicle is legal and able to be registered where buyer lives. 5. If firearms are sold, all Federal and Colorado laws and regulations will be followed. Some firearms may not be legal in Bidder’s jurisdiction. It is the bidder’s sole obligation to determine if a firearm they purchase is legal where they live. There is a commission charge of 25% charged to resell any firearm(s) that has to be returned due to a buyer’s local law. In the event that a buyer is unable to take legal delivery of any firearm(s) he or she will return the firearm(s) to RMEB and hereby engages RMEB to resell the firearm(s) at absolute auction with a commission charge of 25%. 6. RMEB is providing internet only 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 RMEB or anyone else if the internet service fails to work correctly before or during the auction. RMEB will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should bid two hours prior to the auction closing time. 7. The bids will be advanced in set increments. RMEB may withdraw any item before or during the auction. Should a tie or a dispute arise between two bidders, the auctioneer may, at his or her discretion, reopen the bidding until the property is sold. From time to time RMEB may accept items with secret reserves prices. The seller and RMEB reserve the right to bid on behalf of the seller on items on which there may be a reserve. Sales are not complete until RMEB certifies the results and you receive an invoice. The record of the auction made by RMEB shall be conclusive. This is a Public Auction and as such, all qualified bidders may bid including individual members of the corporation or LLC, heirs of the estate, RMEB owners, family members and employees. 8. If a check accepted by RMEB is returned for any reason, Bidder agrees that RMEB may re-present it in person or electronically and collect the amount of the check as well as the highest service charges and fees allowed under Colorado law. Any amount left unpaid shall accrue interest at the highest rate allowed under Colorado state law. Unless exempted by law, the purchaser shall pay all applicable taxes. Bidder agrees to indemnify RMEB against any claim if sales tax is not collected on Bidder’s purchases. Bidder agrees to not stop payment on any check paid to RMEB. Bidder further agrees that under no circumstances will he/she initiate a chargeback on his/her credit card. Title to the merchandise transfers to Bidder only when Bidder’s payment is honored. 9. All property shall be removed from the premises by the Bidder at her/his own risk and expense within the time period announced. ALL MERCHANDISE PURCHASED AT THIS AUCTION MUST BE REMOVED BY MONDAY JULY 8, 2013 AT 6:00 PM UNLESS IT IS BEING SHIPPED. ITEMS NOT REMOVED BY THIS TIME WILL HAVE A CHARGE OF $100 PER LOT, PER DAY AS WELL AS MOVING CHARGES ADDED AND MAY BE FORFEITED WITH NO REFUND. Bidders must arrange to pick up their purchases within this time. A professional shipping company will ship all merchandise not picked up. Bidder hereby grants any shipper of RMEB’s choosing the right to charge their credit card the entire amount of packing, shipping and handling costs. In the event that Bidder does not pay for shipping, Bidder shall have no claim against RMEB and will forfeit the merchandise with no refunds. All items will be insured for the purchase price. Our first priority is to deliver your new purchase in excellent condition. Bidder shall have no claim to merchandise not removed by the above date. 10. Bidder agrees that this agreement shall be governed by the laws of the state of Colorado and hereby grants sole jurisdiction and agrees to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Weld County, Colorado. Bidder agrees and grants that service of process on them may be obtained by mailing a certified letter, containing a summons, postage prepaid, to them at the address they provided to register. Should a dispute arise between RMEB and Bidder, Bidder waives any right to a trial or hearing in a court of law and agrees to settle the dispute through binding arbitration in Weld County, Colorado with an arbitrator appointed by the President of the Colorado Auctioneers Association. These terms supersede the Proxibid Unified User Agreement. In the event that these terms and the Proxibid Unified User Agreement should be in conflict, these terms shall prevail. 11. RMEB may refuse a buyer’s number to anyone for any reason. Bidder agrees to provide any identification RMEB may request including but not limited to: drivers license, photocopies of credit cards, Social Security card or US Passport. Bidder agrees to comply with any stated additional terms or conditions associated with particular items.