The following Conditions of Sale, as amended by any posted notices or verbal announcements during the sale, constitute the entire terms and conditions on which property listed in the catalog shall be offered for sale or sold by Ramirez Auction Service Inc. and any consignor of such property for whom we act as agent. 1) As used herein, the term "bid price" means the price at which a lot is successfully sold to the purchaser. The term "purchase price" means the aggregate of (a) the bid price. 2) The highest bidder shall have purchased the offered lot in accordance with all of the conditions set forth herein and (a) assumes full risk and responsibility therefore, (b) if requested will sign a confirmation of purchase, and (c) will pay the purchase price in full or such part as we may require for all lots purchased. No lot may be transferred. If the foregoing conditions or any other applicable conditions herein are not complied with, in addition to other remedies available to us and the consignor by law, including without limitation, the right to hold the purchaser liable for the purchase price, we at our option may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser or (b) resell the property, either publicly or privately, and in such event the purchaser shall be liable for the payment of any deficiency plus all costs and expenses of both sales, our commission at our standard rates, all other charges due hereunder, attorneys fees and incidental damages. If all fees, commissions, bid price and other sums due to us from the purchaser are not paid promptly as provided in these Conditions of Sale, we reserve the right to impose a finance charge equal to 1.5% per month on all amounts due to us beginning on the 31st day following the sale until payment is received, in addition to other remedies available to us by law. 3) All items must be paid in full immediately following the auction, before any item(s) or livestock is exchanged regardless of when it is picked up. All items purchased will become the immediate property of the Buyer at the conclusion of the sale of the auction lot and, as such, all risk of damage, death or injury to items purchased becomes the Buyer’s risk. An invoice with payment instructions will be sent to each Buyer's e-mail address &/or available in person at our cashier window by announcing your bidder number and name. If no items were purchased we will refund your entire deposit. If the buyer does not receive an invoice electronically within 12 hours after the close of bidding, please email info@ucanbid.com 4) Placing bids on items offered in this auction will bind the bidder to all the terms and conditions of this auction. 5) A 10% Buyers Premium is added to the final bid amount on all items, except livestock. When paying with credit card or debit card, an additional 4% non-refundable fee is added to the card amount. Fees are subject to change without notice. 6) We reserve the right to reject a bid from any bidder. In the event of any dispute between bidders, or in the event the auctioneer doubts the validity of any bid, the auctioneer shall have sole and final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, our sales records shall be conclusive in all respects. 7) If a lot is offered subject to a reserve, we may implement such reserve by bidding on behalf of the consignor, whether by opening bidding or continuing bidding in response to other bidders until reaching the reserve. If we have an interest in an offered lot and the proceeds there-from other than our commissions, we may bid therefore to protect such interest. CONSIGNORS ARE NOT ALLOWED TO BID ON THEIR OWN ITEMS. 8) All statements contained in the catalog or in any bill of sale invoice or elsewhere as to authorship, period, culture, source, origin, measurement, quality, rarity, province, importance, exhibition and literature of historical relevance, or physical condition ARE QUALIFIED STATEMENTS OF OPINION AND NOT REPRESENTATIONS OR WARRANTIES. No employee or agent of Ramirez Auction Service Inc. is authorized to make on our behalf or on that of the consignor any representation or warranty, oral or written, with respect to any property. 9) Removal of the product is the sole responsibility of the Buyer. All purchased property shall be removed from the premises at which the sale is conducted by the date(s) and time(s) indicated for the event. Buyers are responsible for all title, registration, freight, shipping and other costs related to the general transporting of all equipment, livestock or item(s) bought from the Seller’s location to the Buyers final destination. It is the Buyers sole responsibility to have all equipment, rolling stock, and/or trailers inspected by a professional mechanic and/or themselves inorder for the item to be deemed road worthy, including but not limited to mechanical, brakes, electrical systems and wheels. Other costs may include dismantling, special handling, loading charges, permits and certificates or export fees. Proof of payment is needed before shipping occurs. Sellers are responsible for all freight, shipping and other costs related to the general transporting of all equipment, livestock or item(s) to consign from the Sellers location to the live on-site auction event. At the time of delivery all item(s) shall be in compliance with all Federal and State regulations. If items are not picked up within 7 days from the date of the auction, Buyer forfeits the item(s) including any financial reimbursement for lot(s). We will be happy to assist buyers, regardless of their location with shipping lots won at the Buyer’s expense using regular rates as indicated in the terms of the auction. Regardless, any auction product that is not removed or shipping has not been arranged within 7 days after the auction, will be forfeited. 10) Invalid or unapproved credit card purchases will be subject to a $50 processing fee for late payment if paid on the first business day following the auction. If the auction proceeds are collected later than the following business day after an auction, an additional daily fee will be added at $10 per day. Failure to pay within seven days of the end of the auction will ban the bidder from participating in any other Ramirez Auction Service Inc. online auction. 11) The copyright in the text of the catalog and the photographs, digital images and illustrations of lots in the catalog belong to Ramirez Auction Service Inc. or its licensors. You will not reproduce or permit anyone else to reproduce such text, photographs, digital images or illustrations without our prior written consent. 12) It is the sole responsibility of the Internet bidder to be familiar with the Internet bidding process. The uploaded results of the auction take precedence over any and all messages of high bids during proxy and live bidding. LIVE INTERNET BIDDERS ARE ADVISED TO HAVE A DSL OR HIGHER INTERNET CONNECTION TO BID DURING THE LIVE AUCTION. Because of the fast paced nature of the auction, a slower internet connection could lead to not being able to bid on the items that you are interested in purchasing. Please leave proxy bids for the auction if you are uncomfortable bidding during the live event. 13) Bidding is in increments of $25.00 14) You are participating in an Internet auction as an Internet bidder which means that bids will be accepted from the Internet and from the auction floor. All bids from the auction floor will be posted to the Internet for competitive bidding from Internet bidders. You many either participate in the auction at any Ramirez Auction Service Inc. location or from your own computer at www.ucanbid.com 15) These Conditions of Sale shall bind the successors and assigns of all bidders and purchasers and insure to the benefit of our successors and assigns. No waiver, amendment or modification of the terms hereof (other than posted notices or oral announcements during the sale) shall bind us unless specifically stated in writing and signed by us. If any part of these Conditions of Sale is for any reason invalid or unenforceable, the rest shall remain valid and enforceable. 16) These Conditions of Sale and the purchaser and our respective rights and obligations hereunder are governed by the laws of the State of Arizona. By bidding at an auction, each purchaser and bidder agrees to be bound by these Conditions of Sale. Any dispute, controversy or claim arising out of or relating to this agreement, or the breach, termination or validity thereof, brought by or against Ramirez Auction Service Inc. (but not including claims brought against the consignor by the purchaser of lots consigned hereunder) shall be resolved by the procedures as set forth. 17) GOVERNING LAW, JURISDICTION AND VENUE. The laws of the State of Arizona (without giving effect to its conflict of laws principles) govern all matters arising out of or relating to this Agreement and the transactions it contemplates, including, without limitation, its interpretation, construction, performance, and enforcement. Except as set forth below concerning arbitration, any claims or actions regarding or arising out of this Agreement shall be brought exclusively in a court of competent jurisdiction sitting in Tucson, Arizona, and each party to this Agreement submits to the nonexclusive jurisdiction of such courts for the purposes of all legal actions and proceedings arising out of or relating to this Agreement. Each party waives, to the fullest extent permitted by law, any objection that it may now or later have to the laying of venue of any legal action or proceeding arising out of or relating to this Agreement brought in any state or federal court sitting in Phoenix, Arizona; and any claim that any action or proceeding brought in any such court has been brought in an inconvenient forum. 18) DISPUTE RESOLUTION. Any controversy or claim arising out of or relating to this Agreement, or any breach thereof, must be settled by confidential binding arbitration in Phoenix, Arizona in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Either party may, without inconsistency with this agreement to arbitrate, seek from a court any provisional remedy that may be necessary to protect trademarks, copyrights, or other rights or property pending the establishment of the arbitral tribunal or its determination of the merits of the controversy. 19) RECOVERY OF LITIGATION COSTS. If any legal action or other proceeding is brought pursuant to or in connection with these terms or any transaction involving you and Ramirez Auction Service Inc., then, if Ramirez Auction Service Inc. is the prevailing party, it is entitled to recover from you its reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled. 20) INSURANCE: Ramirez Auction Service Inc. will not be liable for damages, whether general, special, incidental or consequential, however cause, whether by loss, theft or damage, death, including negligence arising out of consignment and/or sale of the Property, including shipping of Property. Any insurance claims arising from the damage of property during shipment or transportation shall be the responsibility of the Buyer. 21) The bidder agrees and understands that Ramirez Auction Service Inc. does not test any items and the bidder must rely on his/her own inspection from which to make a bidding decision. Buyer understands that Ramirez Auction Service Inc. will stand behind the descriptions; however, the Buyer MUST NOT rely upon the photographs from which to make a bidding decision. Items described as “In Box” or “In Original Box” may have missing or broken parts. Preview of these items is strongly recommended. Internet Buyers should be at their own risk and factor condition into their bidding price. No warranty or guarantee of working condition is expressed or implied. 22) If you pick up your merchandise in person at one of our auction locations, you need to inspect your item(s) to insure they match the description of the item. If there is a dispute about the item, it must be handled at the time of pick-up in the presence of a Ramirez Auction Service Inc. team member. Buyers and/or authorized representatives for pick up are required to remove the entire lot from the auction location. Failure to do so will result in the Buyer being charged a dumping fee. A third party authorization is required for anyone picking up for the registered bidder. 23) All Rolling Stock item descriptions will include a VIN number. It is the Bidders responsibility to use that information to obtain history information so the bidder can make an educated buying decision. Ramirez Auction Service Inc. will provide the information for the latest title only, if available. If the title is not available, Buyer will purchase the item under the pretense of buying the vehicle with a bill of sale document only. 24) Ramirez Auction Service Inc. does not guarantee livestock. The Buyer assumes all risk including and not limited to loss at the close of the auction. If damage to property occurs after the auction and before the livestock is removed or delivered; the Buyer is responsible for all incurred costs. Ramirez Auction Service Inc. does not guarantee health, age, harvest date, breeding status or condition. It is the Buyers responsibility to obtain specific information from the Seller prior to purchasing livestock. Please consult your veterinarian before incorporating new animals into your existing herd. Livestock health papers are furnished upon Buyer request. Special testing, additional health certificates or export/shipping documents will be at the Buyer's expense and request. Please discuss with your state vet office prior to the auction, before you bid, about permits, health entry requirements by state or any other Federal health documents. Tests that have been administered to a specific lot(s) will be announced at the time of the sale. Purebred livestock registration papers will be transferred to the winning Buyer at the Seller's expense after proof of payment. The proper pedigree transfer is the responsibility of the Seller and Buyer. 25) Any lot may be pulled by Ramirez Auction Service Inc. at any time without prior notice. 26) If purchased through Proxibid, an additional 2%buyers premium will be collected.