Internet Premium: 18% Participation Requirements: Valid Credit Card required for bidding approval Payment Options: Certified Funds, Visa, MasterCard, Discover, American Express Payment Instructions: Credit Cards will be charged immediately following the auction close. Currency Type: USD Shipping Instructions: Contact us Preview Date & Times: Checkout Date & Times: At conclusion of Auction. Location: Driving Directions: Special Terms TERMS AND CONDITIONS: This is a legal agreement between you, the bidder/buyer, and SB Capital Group II, LLC. You should read this agreement carefully before accepting its terms. If you have any questions regarding the meaning or application of this Agreement, please direct your questions to: SB Capital Group II, LLC Email: Info@SB360.com You must be at least 18 years old to bid. When auction participants click on the Online Form to become a bidder, they will be redirected to Proxibid.com and must agree to the Proxibid Unified User Agreement. Bidders are bound by the obligations of that Agreement. In addition, by submitting the Online Form, Bidders agree to these Terms and Conditions. DO NOT BID IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR YOU ARE NOT ABLE TO PAY AND PICK UP YOUR ITEMS WITHIN THE SPECIFIED TIME LIMITS OF EACH AUCTION. DEFINITIONS: The following terms are defined for use in this agreement, and their meaning in this agreement is limited to the given definition. 'You', 'Bidder,' 'Your', 'Buyer' and 'User': These terms refer to you. 'SB Capital', 'We', 'Us', 'the Company' and 'Our': These terms all refer to SB Capital Group II, LLC. “Seller” refers to the actual consigner of the item or items, if applicable. SPECIFIC AUCTION TERMS: Each auction listing will include a “Terms of Sale.” Any terms or conditions listed for a specific auction are in addition to these terms and, in the event of an inconsistency, will supersede these Terms and Conditions. Each specific auction will list the item description; inspection period date and time; auction closing date and time, location of the item; and removal date and time. By bidding on an item, bidder agree to those terms. PAYMENT: The balance is due at the end of the auction once you are declared the winning bidder. Bidder number and photo identification will be required at the time of pick up. The successful bidder/buyer authorizes their credit card on file to be charged for the total amount due; which includes the winning bid amount, buyer’s premium and sales tax. When paying by credit card, winning bidder/buyer is waiving any/all rights to initiate a credit card charge-back against the transaction and SB Capital II. Credit card transactions will appear on purchasers’ credit card statement as: “SB Capital Group II, 4300 E 5th Ave, Columbus OH”. If winning bidder/buyer elects to use a different form of payment, they must notify SB Capital before the close of the auction. It is the winning bidders/buyers’ responsibility to contact SB Capital to verify receipt of payment if they have not received a paid invoice via email within 24 hours of submitting payment. Please send an email to Auctioninfo@sb360.com or call 614-443-4080 and select the option for Gary Goldsmith. TAXES: Applicable state and local sales tax will be added to all purchases. TAX EXEMPT STATUS - If Buyer is tax exempt, prior to the conclusion of the auction they must email a copy of the appropriate states tax exempt form to auctioninfo@SB360.com Any questions should be directed to 614-443-4080/Gary Goldsmith or email auctioninfo@SB360.com and include your bidder number. SB Capital will retain this copy of the certificate for their sales records. If Buyer is unable to provide a copy of their tax-exempt certificate at the time of purchase, they must pay all applicable taxes and seek refunds through the appropriate government agencies. SB Capital will not provide a tax refund. FAILURE OF PAYMENT: In the event of that the Buyer does not pay for the item purchased, including any protest or chargeback on any credit card used for the purchase, SB Capital will withhold delivery of the goods. Buyer will lose any right, title or interest they have acquired, and the merchandise shall revert to SB Capital or the seller without further notice. If commercially feasible, SB Capital will resell the items and recover damages from the non-performing Buyer for (a) any shortfall of the resale price below the winning bid price non-performing Buyer agreed to; (b) all bidding fees paid by SB Capital ; and (c) all costs of storage and/or disposal. In the event that it is not commercially feasible to resell the item, SB Capital will recover damages from the non performing Buyer for the full purchase price; (b) all bidding fees paid by SB Capital; and (c) all costs of storage, moving, resale and/or disposal. BUYERS PREMIUM: A buyer’s premium of eighteen percent (18%) for credit card purchases and fifteen (15%) for Certified Fund purchases will be added to each purchase unless otherwise stated. If winning bidder bids $100.00; at checkout they will be charged $118.00 plus applicable sales tax. If Buyer elects another form of payment, they must notify SB Capital before the close of the auction. ONLINE BIDDING DURING LIVE AUCTION: Online bids will be treated as a relayed bid during the live auction and will be executed against those of the live audience. In case of a dispute, all decisions are at the auctioneer’s sole discretion. CAUTION TO THE BIDDER: For demonstration purposes, various pieces of equipment may be combined. Do not assume a lot consists of more than one item simply because they are connected or photographed together. Bidders are bidding on the item as it is described and not the item as it is photographed. SB Capital makes every effort to ensure the descriptions and photos are accurate and match the lot. However, should an error occur in the listing, the item description takes precedent. If the bidder believes there is a discrepancy or error between a listing and a photo, they should contact SB Capital for clarification. WARRANTY & CONDITIONS OF ITEMS SOLD: All items are sold “AS IS, WHERE IS”, with “NO WARRANTY“ expressed or implied. Descriptions are believed to be accurate but not guaranteed. SB Capital will not be responsible for any errors or omissions in the description of the item unless it is a material misrepresentation of the item itself. When not certain of the condition or use of an item, please bid accordingly. Items are open to public inspection where noted. 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 thoroughly as if they examined it in person. It is the buyer’s responsibility to determine the items condition, age, genuineness, value or any other determinative factor, additionally the buyer is responsible for inspecting the item and verifying all specifications and measurements prior to placing a bid. FINAL SALE: ALL SALES ARE FINAL. SB Capital is not responsible for bidders bidding on the wrong item or item that is not suited for bidders intended use. Once bidding ends, the item is contractually sold to the winning bidder and that item becomes the buyer's property. When in doubt about condition, completeness or suitability for intended use, please bid accordingly. CHANGES: SB Capital reserves the right to add, remove or re-catalog items from an auction, split or combine lots, add minimum bids or reserve prices, cancel, suspend, extend or reschedule an item and/or auction event, and make changes to the auction closing, inspection, or removal times. REMOVAL: Once an auction has ended, the item becomes the property of the winning bidder (buyer). The Buyer assumes all risk of loss and damage to property from that point forward. The removal date and time will be posted in the terms and conditions for each auction. REMOVAL TIMES ARE ABSOLUTE-IF BUYER CAN NOT REMOVE THEIR ITEM DURING SCHEDULED PICK-UP TIMES, THEY SHOULD NOT BID. Failure to remove purchased items during the allotted pick-up time will result in items considered abandoned. Ownership of the item will then revert to party with primary vested interest in the item to sell or dispose of at its sole discretion. Any funds paid shall be forfeited to satisfy terms of sale. The Buyer agrees to pay all deficiencies, legal, collection and other fees including transportation, storage and/or disposal expenses associated with delinquent accounts or abandoned/forfeited items. Premiums and fees remain applicable. The Buyer assumes sole responsibility to provide all personnel; including licensed and bonded professionals, to ensure proper utility disconnections; equipment and materials needed for item removal. The buyer assumes financial responsibility for any damage or liability to persons or property resulting from any negligent acts or omissions or those of Buyer’s employees, agents and/or contractors during pick-up and removal. Buyer and Buyer’s agents and contractors shall not unreasonably interfere with the Seller's business operations in the location during pickup. Buyer agrees that in the event purchased items contains any environmental hazards, toxic waste or other type of hazardous material in any form whatsoever, they will provide to SB Capital evidence that Buyer’s representatives are licensed for such removal and shall comply with all applicable federal, state and local, rules, laws and regulations. SB Capital and the seller, their agents or representatives will not be responsible for containment, storage or removal of hazardous material. Buyer must remove all purchased items. There is no right of abandonment. Failure to remove purchased items is a breach of contract. Buyer is responsible for providing, insurance (general liability for injury to person and damage to property in an amount not less than $2,000,000 for each occurrence). Before removal Buyer and their Agents employees or contractors, you shall provide SB Capital with a Certificate of Insurance indicating the insurance coverage required. Buyer shall provide thirty (30) day written notice prior to cancellation of said policy. In the event Buyer fails to comply with any of the terms and conditions of the sale, SB Capital or the seller may collect damages from Buyer. Buyer agrees to pay any and all charges and expenses incurred by reason of any breach of the terms and conditions of this sale, including, without limitations, reasonable attorneys' fees. In the event an item is not available for pickup, Buyer must notify SB Capital’s onsite staff and file a claim by replying to their original emailed invoice noting what was not available within 24 hours of the pickup date. After twenty-four (24) hours, SB Capital and Buyer agree that no adjustment or refund will be considered. LIMITED LIABILITY: Buyer acknowledges and understands that the online bidding service, internet or computer equipment may not function as designed the day of the auction. Under no circumstances shall Buyer have any claim against SB Capital if the online bidding service, internet or computer equipment they employ fails to work correctly before or during the live auction. SB Capital 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. The liability of SB Capital and the seller is limited to the refund of bidder's purchase price. CIRCUMVENTION: Buyer acknowledges and agrees that they shall not circumvent or attempt to circumvent the auction process, engage in collusion, or otherwise interfere with, interrupt or attempt to interrupt the auction or the operations of the Auction Site (collectively, a “Circumvention Act”). Collusion is defined as any agreement between bidders related to the bidding process, and/or attempts to suppress bids or the auction sale price. If SB Capital determines, in its sole discretion, that bidders have engaged, or are attempting to engage, in any Circumvention Act, use of prohibited automated technology or otherwise unfairly alter bidders chances of winning an auction, or to otherwise commit fraud with regard to the Site, then, in such an event, SB Capital reserves the right to institute civil or criminal proceedings against bidder and to report bidder to the relevant regulatory authorities. GOVERNING LAW AND JURISDICTION: This Agreement is entered into in Franklin County, State of Ohio and is governed by the laws of the State of Ohio and by the federal laws of the United States, without reference to conflict of laws. Buyer agrees to the exclusive jurisdiction in Franklin County, State of Ohio to adjudicate any dispute arising out of or relating to this Agreement or Bidders use of the Auction Site. Buyer also expressly consents to personal jurisdiction in Franklin County, State of Ohio for any such claims. UPDATES TO TERMS AND CONDITIONS: Terms of Use updated as October 2020.