Term & Conditions: The property in today’s sale will be offered by Auctioneer as an agent for the Seller, governed by the terms and conditions listed below: 1. 13% buyer's premium (3% discount for cash or check) 2. Applicable sales tax will be collected. If buyer is tax exempt he/she must provide us with a copy of their sales tax exemption certificate or sales tax will be collected. 3. Payment methods: Cash, check with proper ID, Wire Transfers, All major credit cards. Must make full settlement at the close of the sale and/or prior to loading merchandise. 4. Removal of items purchased is the sole responsibility of the Buyer. Buyer will be responsible for any digging and/or loading of items and must provide any equipment necessary. With special arrangements the Seller will pop the trees in root bags out of the ground for $2/tree (Buyer responsible for loading). 5. Vehicle titles will transfer upon receipt of cash or cleared check. 6. There may be reserves on specific items. If an item has a reserve, bidders will be notified that there is a reserve prior to opening bidding on that item. 7. Buyer acknowledges that Seller has provided him with the opportunity to inspect the item(s) before purchasing them and the Buyer has or has not so inspected the item(s) in his sole discretion. 8. A bid by any person shall be conclusive proof that the person has made himself or herself acquainted with these terms & conditions and has agreed to be bound by them. 9. H5 Auction & Realty makes every effort to describe items correctly, HOWEVER, no warranty is given with any lot, and no sale is invalid or voidable by reason of any fault in any lot or by reason of any lot being incorrectly described (in the catalogue or otherwise), and no compensation may be paid for any such fault or error of description; there are no warranties and all items are sold “As Is”, “Where Is” with no “guarantees” expressed or implied; the Buyer must ascertain the validity of any condition, quality and description given for an item prior to his purchase of that item. ALL SALES ARE FINAL. 10. The Buyer shall be the highest bidder. In case of dispute between two bidders, the Auctioneer may reopen the bidding between the two highest bidders only, until the property is sold. 11. When the Auctioneer says “SOLD”, title of the property shall pass to the highest bidder (See #4 for vehicle titles), who assumes full risk and responsibility. All property shall be removed from the premises by the purchaser at his own risk and expense within 10 days of sale unless different arrangements are made with the Auctioneer. If you buy it, you remove it from the premises. If you do not remove all items purchased you will receive a bill from H5 Auction & Realty for removal. We charge $100/hour for removal and we work really slow!! Unless special arrangements are granted, Items left at the auction more that 10 days from the auction date will be charged storage at a rate of $25.00/day/lot. 12. Auctioneer or Seller reserves the right to withdraw any item before or during the sale. Auctioneer may reject a nominal or fractional bid advance if, in his estimation, it proves injurious to the sale. 13. Neither Auctioneer nor Seller shall be liable for any personal injury on the sale premises. Buyer assumes all risk and liability whatsoever resulting from the use of the item(s) sold hereunder, and shall defend, indemnify, and save harmless Seller and Auctioneer from any liability. 14. If the foregoing conditions or any other applicable conditions are not complied with, in addition to other remedies available to Auctioneer and Seller by law, including without limitation, the right to hold the purchaser liable for the bid price, the Auctioneer, at his option may (1) resell the property publicly or privately, with purchaser being liable for the payment of any deficiency plus all costs incurred, or (2) cancel the sale, retaining liquidated damages on all payments made by purchaser. Auctioneer commission and all other incidental damages will be charged. 15. Auctioneer acts solely as an agent and is not a party to any contract for the sale of any item sold at this auction. 16. Any unresolved complaint with H5 Auction & Realty should be directed to : Texas Department of Licensing and Regulations; P. O. Box 12157; Austin, TX 78711; 512-463-6511, www.tdlr.texas.gov. 17. 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. It is the Bidder’s responsibility to determine condition, age, genuineness, value or any other determinative factor. H5 Auction & Realty shall endeavor to describe in detail each item and any pertinent information about it. H5 Auction & Realty 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. 18. H5 Auction & Realty is providing Internet pre-auction and live 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 H5 Auction & Realty or anyone else if the Internet service fails to work correctly before or during the live auction. H5 Auction & Realty 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. H5 Auction & Realty reserves the right to withdraw or re-catalog items in this auction.