FIRST CAPITOL AUCTION, INC. TERMS AND CONDITIONS OF SALE TERMS & CONDITIONS: Notice and Disclaimers: Any item offered for sale shall be sold “AS IS, WHERE IS” and with all of its faults. Inspection of vehicles for age, mileage, major collision repairs, frame damage, etc. is the bidder's sole responsibility. Principals, auctioneers and advertising counsel will not be held responsible for advertising inaccuracies and discrepancies. REGISTRATION: You must register in order to bid. A valid driver's license is required for registration. Your bidder number is a contractual document and you are responsible for anything sold to that number. Guard it carefully. No one under the age of 21 years old is allowed on any piece of construction equipment. INSPECTION: Equipment may be previewed on Thursday, June 30, 2016 from 9-4 pm PST at 1553 Berger Drive Bldg #1, San Jose, CA 95112. It is the responsibility of the buyer to make their own determination as to the accuracy of the items descriptions, relative to age, condition, make, model, mileage, and serial number. All items are sold on an “AS IS, WHERE IS” basis without any warranty, expressed or implied. Buyer agrees that they understand all of the verbal and written terms of the auction and agrees to abide by all of them. ALL SALES ARE FINAL, NO REFUNDS, OR ADJUSTMENTS PAYMENT: Payments must be made by cash, cashier check or wire transfer. Balance in full is due the following Tuesday, July 5, 2016. We DO NOT accept credit/debit cards or personal checks. BUYER'S PREMIUM: There is 2% internet fee charges to internet buyers AND a 15% buyers premium charged to all items sold to internet buyers. REMOVAL: Property may not be removed until paid in full. All property must be removed no later than 4 pm on Thursday, July 7, 2016. Storage fees in the amount of $50.00/day per item will be charged for any items left three (3) business days after the auction. All property is sold “AS IS, WHERE IS”, and ALL SALES ARE FINAL. Property is open to thorough public inspection. It is the Bidder's responsibility to determine condition, age, authenticity of item. First Capitol Auction Inc describes the merchandise in advertising, on the Internet and at the auction but makes no representations as to the accuracy of any given description. In no event shall First Capitol Auction Inc. be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value. Bidders who do not preview items prior to auction, understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. It is the Bidder's responsibility to determine condition, age, authenticity of item, value or any other determinative factor. First Capitol Auction Inc. shall endeavor to describe in detail each item and any pertinent information about it. First Capitol Auction Inc. 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 everything is sold as is and that they may not return any item they purchase. First Capitol Auction Inc. is providing Internet pre-auction 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 First Capitol Auction Inc. or anyone else if the Internet service fails to work correctly before or during the live auction. First Capitol Auction Inc 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. First Capitol Auction Inc. reserves the right to withdraw or re-catalog items in this auction.