Online Auction Bidder Terms and Conditions Online terms and conditions are in addition to any general onsite auction terms and conditions Bidder and Auctioneer agree that the terms listed below shall govern each online auction sale. This auction will be conducted within the framework of the rules listed below plus any other provision that may be added by the auctioneer via e-mail or as posted on www.brownsauction.com. For the complete bidding terms and to register to bid, please view online at www.brownsauction.com. All registration information the Bidder provides to Auctioneer shall be current, complete, and accurate. Bidders must be 18 years of age or older. Bidder agrees to not use any device, software or routine to interfere or attempt to interfere with the proper working of or any transaction being conducted on and during the auction sale. 1. Access and use of any online auction site of Brown’s Auction Company, (collectively the “Site”) is subject to any and all specific terms and conditions set forth on any individual page within the Site and the terms and conditions of this User Agreement (collectively “Site User Agreement”) and all applicable laws and regulations, including but not limited to copyright and trademark laws. BY ACCESSING THIS SITE, YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS OF THE SITE USER AGREEMENT and to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this Site. Legal action will be taken against anyone violating the terms and conditions of the Site User Agreement or any other applicable law or regulation. Auctioneer reserves the right to periodically change the terms and conditions of the User Site Agreement and it is the Bidders’ responsibility to periodically review any and all changes made to these terms and conditions prior to each use of this Site. By using this Site, you agree in advance to accept any such changes. 2. Items will be sold as, where is. Auctioneer and seller make no representation or warranty, expressed or implied, on the items for sale and does further state the items are to be sold “AS IS, WHERE IS” WITH NO WARRANTY OR GUARANTEE. The buyer acknowledges that he is relying solely on his or her inspection, and accepts all responsibility for examining any item offered for sale. 3. Invoices will be emailed to successful bidders within 8 hours of the close of the auction. Full payment of the purchase price is charged to your credit card prior to e-mail notification that you are the successful bidder. Applicable taxes will be added to the purchase price of all taxable items. Collection of applicable taxes will be in accordance with the laws of the state where the purchased asset is located. Buyer will be provided an electronic receipt upon final payment. All payments must be made within 24 hours of the end of the auction. 4. Online Auction Fee: Auctioneer shall charge and collect from each successful bidder a Fifteen Percent Auction Fee for each item, in addition to the final high bid amount. 5. ALL SALES FINAL. NO REFUNDS 6. The descriptions of item/lots appearing in the auction and in advertising prior to the auction are believed to be correct. Nevertheless, neither those descriptions nor any oral statements made by Owner/Seller or Auctioneer concerning any item/lot shall be construed as a warranty either express or implied. ITEM/LOTS ARE SOLD AS IS – WHERE IS and WITH ALL FAULTS. Bidder acknowledges that all item/lots were available for inspection prior to the auction and, by these terms, Auctioneer and Owner/Seller strongly encouraged Bidder to carefully inspect each item/lot in which Bidder intends to bid on. Bidder’s failure to inspect, or otherwise be fully informed as to the nature, quality, condition, quantity and size of any item/lot will not constitute ground for any claim, adjustment, refund, termination of the contract for sale, or refusal to close the sale, against Auctioneer or Owner/Seller. 7. The Site User Agreement constitutes the final expression of the parties’ agreement and a complete and exclusive statement of the terms of the sale. The IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, ARE SPECIFICALLY EXCLUDED from this sale and transaction and shall NOT apply to the merchandise that is the subject of these sales. Auctioneer does not have control over the item/lots that are posted in the Site, and cannot guarantee the authenticity and quality of said product. Auctioneer is not responsible for the actions the Owner/Sellers and Buyers take before, during, and after the auction, typographical errors, misprints, loss of merchandise/money, damage or failure of equipment, due to your visit to this auction site. Use of this site is at your own risk. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state. 8. Merchandise becomes the full responsibility of Buyer at time of PAYMENT, and Buyer assumes all risk of loss and damage to property until removed from sale premises. Owner/Seller and Auctioneer agree that merchandise may remain on the sale premises for a period of time following the sale. The date by which all merchandise must be removed from the premises is posted on an auction-by-auction basis, on the specific auction page. If merchandise is not removed within ten days after the final removal date, the ownership of the merchandise will revert back to the original Owner/Seller and the Owner/Seller may dispose of or resale the item/lot at their discretion. 9. SHIPPING: Contact our office for shipping instructions. 10. The final highest purchaser shall be designated at the end of each auction sale. If a dispute arises between two or more Bidders, Auctioneer reserves the right to reopen bidding. Auctioneers designation of the Buyer shall be final. 11. The buyer hereby assumes and does agree to indemnify and hold harmless the auctioneer and sellers from any current or future claim which shall pertain to the fitness, use, damage, safety, injuries to persons or property that may have occurred during the auction or that may have been caused by or during removal or use of items purchased. Neither auctioneer nor Seller assumes responsibility for any accidents or loss due to theft, fire, vandalism, or personal injury. 12. 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. 13. 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. 14. Bidder agrees that when using the Maximum Bid feature on the Site, you use it according to the specifications Auctioneer has in place for that feature. You, as a Bidder, agree to only use this feature if you understand how the Maximum Bid feature works. 15. Preview dates are Tuesday July 15th & Thursday July 23rd from 9AM – 5PM or by appointment only. Please contact the auction company to schedule appointments. 16. Shipping will be handled by UPS. Contact the auction company as items must be removed from the auction location by July 30th.