TERMS & CONDITIONS SALE ANNOUNCEMENTS: Announcements the day of the sale take precedence over all printed matter and advertising. EquipmentAuction.com, LLC (herein referred to as “EA”) may cancel the auction at any time, for any reason, with no liability to the Bidder. PURCHASE SETTLEMENTS: Accepted forms of payment for this auction are credit card and wire transfer. There will be a 3% electronic fee on all credit card purchases. Credit card payment is required for purchases under $2,500 and will be charged to the credit card Bidder designated for this auction. Bidder’s credit card will be charged within one business day following the auction. If the invoice total is over $2,500 please submit a wire transfer. Please send the wire transfer confirmation to Proxibid. Wire transfer information: First National Bank of Omaha Proxibid, Inc Acct #110357931 Routing #104000016 Full payment is due within 48 hours of the completed auction. SALES TAX: All Sales will be subject to State and Local Sales Tax Laws. EA may reject the bid of any company or person, for any reason. EA has the right to refuse all bids made on an item, regardless of whether they are in excess of the minimum. BIDDING: The Online Auction will be conducted by offering the items by lot, either individually or in groups. The Bidder offering the highest bid accepted by EA shall be the purchaser of the offered lot, and no purchaser shall retract his bid. Purchaser accepts a lot when he makes a bid. All sales are final. Bidder agrees to be responsible for the payment of the purchase price and taxes due on all of Bidder’s purchases. NO WARRANTIES: All items are sold “AS IS-WHERE IS” without any guarantees or warranty expressed or implied, statutory or otherwise of any nature whatsoever in respect of the lots offered at the online auction. Specifically, but without limitation, EA makes no representation or warranty that any of the lots conform to any standard in respect of safety, pollution or hazardous material, or fit for any particular purpose. EA, Sellers, or any member of their staff make no guarantee as to the authenticity, of any particular age, year of manufacture, model, make, mileage, hours, condition, or defect of any lot or item being sold. Bidders are encouraged to make their own physical inspection and rely solely on that inspection before bidding. Failure to inspect does not negate that Bidder’s responsibility to perform under the auction terms and conditions. Do not rely on the statements of any employee of EA as to the quality or condition of an item or that it may be suitable for your purposes. The Auction Catalog has been prepared as a guide, and should be used only as a guide. Although the descriptions are believed to be correct, its accuracy cannot be guaranteed or warranted. The Bidder acknowledges that all auction items are available for inspection prior and during the online auction and it is the Bidder’s responsibility to have inspected the item before bidding. No sale shall be invalidated; nor shall EA be liable as a result of defects or inaccuracies of any lot. No adjustments to a winning bid will be made because of later discovered defects, latent or otherwise, in the item purchased. NO REFUND FOR ANY REASON WILL BE MADE. The Bidder, whether acting as principal, agent, officer or director of a company or otherwise, in any capacity whatsoever, and the company he represents, both jointly and severally agrees to indemnify and save harmless EA and its officers, directors, employees, agents, attorneys and its consignors, from any and all actions, causes of action, suits, damages, costs, and losses of any nature, including injury and death, arising from the purchase or use of any items, or the attendance or participation of Bidder, his/her agents or employees, at the equipment site whether before, during, or after the online auction. SITE OF EQUIPMENT: All Bidders at the equipment site are there at their own risk. Bidder agrees the site is potentially dangerous because of heavy equipment operation. Regardless of cause, EA or its agents will not be responsible for any injury to anyone at the site. RISK OF LOSS: Purchaser is responsible for insuring his purchases immediately. EA shall not be responsible for loss, damage, or theft of any purchase. Purchaser shall not be entitled to remove any item from the site until all his purchases are paid for in full including all applicable goods, sales or use taxes. EQUIPMENT REMOVAL: Removal of all items shall be the sole responsibility of the Purchaser. All equipment must be removed two weeks after the sale. EA or its employees are not responsible for loading or unloading equipment. EA is not responsible for securing loads. Access to the facility for removal must be scheduled through EA. If for any reason Purchaser fails to remove any purchase within the time specified, the purchase shall be deemed abandoned, and EA at its sole discretion may resell the items. Purchaser shall be liable for any rent incurred or damages suffered by EA because of Purchaser’s failure to remove any item. Failure to remove items will result in a rental / storage fee of not less than $50 per item per day. LEGAL: These “Terms and Conditions” shall be governed by and interpreted under the laws of the State of Ohio, and any action hereunder against EA shall be commenced in the State of Ohio. Any dispute arising as to any bidding shall be settled by EA at his sole discretion, and EA may put the lot in dispute up for sale again. EA reserves the right to refuse any bid. INTERNET AUCTION DISCLAIMER: Bidder acknowledges and understands that an online auction may or may not function correctly the day of the sale. Under no circumstances shall Bidder have any kind of claim against EA or anyone else if the Internet service fails to work correctly during the auction. EA 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. EA reserves the right to withdraw or re-catalog items in this auction.