Sale Terms and Important Information Sale Managed by Bendis Company To Settle the Estate of Don Nuss Jr. Inventor, and Racing Icon and owner of Redwood Welding and Fabrication Shop Important Information Register with Proxibid for online bidding. Email: support@proxibid.com Office: Toll Free: (877) 5005-7770 Terms and Conditions Local Pickup Available at Redwood Welding and Fabrication 1020 US Highway 101 Crescent City, CA 95531 or Shipping Call Dave Martin for a Quote 541 292 6909 Bendis Company TERMS & CONDITIONS 1. IDENTIFICATION: All participants are required to register prior to becoming an “Approved Bidder.” All Participants are required to give full name; permanent street address (P.O. Boxes will NOT be accepted or approved); phone number(s); email address, valid credit card and business name. Subsequent to registration on Proxibid, approval to bid is at our discretion. 2. DEPOSITS: All Online Registrants will be required to submit the requested Information, including: Driver’s License Number and valid credit card in order to be “Approved.” (a pre-authorization on your credit card of 10% of your requested bidding. Your credit card will not be billed and just preauthorized for 10% of your request or a minimum of $1000). NO EXCEPTIONS. 3. PAYMENT: Invoices must be paid in full after Sale unless otherwise specified. A BUYER`S PREMIUM OF 16% WILL BE APPLIED TO INVOICE IN ADDITION TO THE SALES PRICE. Where required by law, ANY APPLICABLE SALES TAX WILL BE APPLIED TO ALL SALES UNLESS BUYER HAS PROPER EXEMPTION. Business and Personal checks may not be accepted without a letter of guarantee from your bank. Zelle payment will be accepted or large deposit will be required TO HOLD YOUR MERCHANDISE UNTIL CASH, CASHIER CHECK OR WIRE IS RECEIVED. NO MERCHANDISE WILL BE RELEASED UNTIL INVOICE IS FULLY PAID. 4. MANNER OF PAYMENT: Online Bidder’s Invoices will be emailed within 24 hours of the auction end of day.: Entire balance is due within 48 hours either by Cash, Certified Check, bank Letter of Guarantee along with a company Check The f or Wire Transful along with fees. Full purchase price on all lots sold to the same buyer must be paid within the time specified and prior to the removal of any goods. For wire transfers, please contact the Bendis Company for the pertinent information. 5. REMOVAL: All purchases MUST be removed as herein listed: Small Items (Perishable Tools, Machine Parts & Accessories, Etc.) are to be REMOVED WITHIN 1 DAY OF THE AUCTION. WE ASSUME NO RESPONSIBILITY FOR SMALL, CARRIABLE ITEMS LEFT ON PREMISES ONE DAY AFTER SALE. Standard Items (Machinery) must be removed during announced removal period. 6. Purchases may be removed only on presentation of paid bill. Removal shall be at the expense, risk and liability of the purchaser. Auctioneer shall not be responsible for goods not removed within the time allowed. For items with rigging fees, all pickups must be made by appointment. Please contact Dave 551 292-6909. For a quote. 7. CONDITION OF ARTICLES SOLD: Neither the auctioneer nor the seller shall be responsible for the correct description, genuineness, authenticity of, or defect in any lot. Information was / has been provided from sources deemed reliable and Bendis Company makes no warranty or guarantee as to the accuracy of the information herein contained. No sale shall be set aside nor allowance made on account of any incorrectness, error in cataloging, or any imperfection not noted. DESCRIPTIONS AND PHOTO’S ARE NOT GUARANTEED. PLEASE MAKE YOURSELF AVAILABLE FOR THE OPEN INSPECTION PERIOD. It is the buyer’s responsibility to inspect before bidding. To avoid confusion, participants are bidding on items listed in the lot descriptions and not all items shown in THE PHOTOGRAPHS. NO DEDUCTION ALLOWED ON DAMAGED ARTICLES, ALL ARTICLES BEING EXPOSED FOR PUBLIC EXHIBITION, AND SOLD "AS IS" AND WITHOUT RECOURSE. ARTICLES ARE NOT WARRANTED AS MERCHANTABLE OR FIT FOR ANY PARTICULAR PURPOSE, AND NO CLAIM MAY BE MADE BY PURCHASER RELATING TO THE CONDITION OR USE OF ARTICLES PURCHASED OR FOR PROXIMATE OR CONSEQUENTIAL DAMAGES ARISING THEREFROM. Disclaimer of Warranty; Due Diligence. The Goods are being sold "as is", and the Seller disclaims all warranties of quality, whether express or implied, including the warranties of merchantability and fitness for particular purpose. The Buyer acknowledges that it has not been induced by any statements or representations of any person with respect to the quality or condition of the Goods and that no such statements or representations have been made. The Buyer acknowledges that it has relied solely on the investigations, examinations, and inspections as the Buyer has chosen to make and that the Seller has afforded the Buyer the opportunity for full and complete investigations, examinations, and inspections. Seller in no event shall be liable for any incidental, special or consequential damages of any nature, even if Seller has been advised of the possibility of such damages. Seller does not warrant or in any represent that any of the products sold are compliant with any regulations or rules procured by any United States federal or state agency, including but not limited to, the Department of Energy (DOE), Federal Communication Commission (FCC), Federal Trade Commission (FTC), Environmental Protection Agency (EPA), or Occupational Safety and Health Administration (OSHA). Buyer agrees to hold harmless and indemnify Seller for any claims, personal injury, property damage, fines, or penalties associated with the Buyers use, resale, repair, or reconstruction of the Goods. The Buyer does hereby release and forever discharge the Seller, its successors, administrators, assign, affiliates and related companies, and their directors, officers and employees (the "Released Parties") of and from all action, causes of action, damages, claims, cross claims and demands whatsoever, (including all damage, loss and injury not known or anticipated but which may arise in the future and all effects and consequences thereof), however and wherever arising, which the Seller had, now has, or which the Seller, its heirs, administrators and assigns or any of them hereafter can, shall or may have in respect to the purchase, use, or modification of the Goods. 8. SAFETY DEVICES: Articles purchased may not incorporate approved activating mechanisms, operating safety devices or safety guards, as required by OSHA, CCOHS or otherwise. It is purchaser`s responsibility that articles purchased be so equipped and safeguarded to meet OSHA and any other requirements before placing such articles into operation. 9. INDEMNIFICATION: Purchaser shall defend and indemnify and hold auctioneer and seller harmless from and against all claims and liabilities relating to the condition of, removal of, or use of the articles purchased or failure of user to follow instructions, warnings or recommendations of the manufacturer, or to comply with federal, state or provincial, and local laws applicable to such articles, including OSHA requirements, and Environmental Protection Agency requirements, or for proximate or consequential damages, costs or legal expenses arising there from. 10. CLAIMS: no claims will be allowed after removal of goods from premises or left on premises past allowed time limit. 11. RESPONSIBILITY FOR NON-DELIVERY: Neither the auctioneer nor the seller, in any event, shall be liable for non-delivery or for any other matter or thing, to any purchaser of any lot, other than for the return to the purchaser of the deposit or sum paid on said lot, should the purchaser be entitled thereto. 12. COMPLIANCE WITH TERMS OF SALE: In default of payment of bills in full within the time therein specified, the auctioneer in addition to all other remedies allowed by law, may retain all monies received as deposit or otherwise, as liquidated damages. Lots not paid for and removed within the time allowed herein may be resold at public or private sale without further notice, and any deficiency, together with all expenses and charges of resale including legal fees, will be charged to the defaulting purchaser. 13. RISK TO PERSON AND PROPERTY: Persons attending during exhibition, sale or removal of goods assume all risks of damage of or loss to person and property and specifically release the auctioneer and seller from liability, therefore. Neither the auctioneer nor his principal shall be liable by reason of any defect in or condition of the premises on which the sale is held. . 14. ADDITION TO OR WITHDRAWAL FROM SALE: The auctioneer reserves the right to withdraw from sale any of the property listed or to sell at this sale property not listed, and also reserves the right to group one or more lots into one or more selling lots or to subdivide into two or more selling lots. Whenever the best interest of the seller will be served, the auctioneer reserves the right to sell all the property listed, in bulk. 15. DISPUTE BETWEEN BIDDERS: The auctioneer`s decision shall be final and absolute. 16. RECORDS: The record of sale kept by the auctioneer and bookkeeper will be taken as final in the event of any dispute. 17. INDEPENDENT CONTRACTOR: The auctioneer is acting as an independent contractor only and is not responsible for the acts of its principals or sellers. 18. ADDITIONAL TERMS AND CONDITIONS: The auctioneer may add other terms and conditions of sale, such additional terms and conditions to be announced prior to the auction. 19. RESERVE: The auctioneer reserves the right to reject any and all bids. On lots upon which there is a reserve, the auctioneer or his assigned agents, shall have the right to bid on behalf of the seller. $200 Refundable for Bidder's Paddle via Cash, Cashiers Check, Letter of Guarantee with Company Check, Wire, or Zelle. Call Diane at Bendis Company 951 780 3418 to make arrangements for the deposit required. Information & Special Terms Internet Premium : 10% Sales Tax : 0 Sales tax applied to invoice total Participation Requirements: Register first with Proxibid-required for bidding approval Payment Options: Zelle, Wire Transfer, Money Order, Cash IMPORTNT WE DO NOT SHIP. Payment Instructions: All accounts must be settled at the conclusion of the auction. We accept Zelle, Wire Transfer, Money Order, Cash ONLY. A pre-auction authorization will be performed to establish available credit.. PLEASE NOTE!! Wire transfer and Zelle payments will only be accepted until 6:00 pm on the day of the auction. Payment MUST be received by 5 pm February 18th. You must contact the auction company if you plan to pay by wire transfer or Zelle. There will be cash payments allowed for this sale Checkout by appointment only, Saturday 19th and Sunday February 20 11-3 PM. You must schedule a pick up time. No items will be released with out an appointment. 10% internet buyer's premium. 0% sales tax will be charged, YOU ARE RESPONSIBLE FOR PICK UP OR SHIPPING ARRANGEMENTS AND COST. ALL ITEMS NEED TO BE REMOVED BY CHECK OUT DATES - NO REFUNDS ON ANY ITEMS LEFT AT SITE. - Buyers are expected to exercise due diligence before deciding whether or not to bid. We will provide as much information as is made available to us, but all auction items are sold on a 'as-is, where-is' basis. Absolutely REFUNDS. Deposit Requirements: The auction company requires a deposit of $100.00 to bid in this auction. Currency Type: USD Shipping Instructions: Buyer is responsible for all arrangements of packaging; shipping logistics and costs. NO REFUNDS ON ANY ITEMS (EVEN IF LEFT AFTER CHECK OUT DATES ) Preview Date & Times: February 12-11 AM-3 PM 95706 Jerry Flat Road, Space 13, Anglers Mobile Park, Gold Beach, Oregon 97444 and FebruRY 12 1-PM until 3 PM 74270 6TH Streeet, Apartment D, Gold Beach, Oregon 97444 Checkout Date & Times: ***PLEASE NOTE ONLY 2 DAYS TO PICK UP*** Saturday, February 19th & Sunday, February 20th (11 – 3 pm) BY APPOINTMENT ONLY!!! Special Terms YOU ARE RESPONSBILE FOR TAKE DOWN/PACKAGING/SHIPPING ARRANGEMENTS AND COST. ALL ITEMS NEED TO BE REMOVED BY CHECK OUT DATES - NO REFUNDS ON ANY ITEMS LEFT AT SITE. FISCHER AUCTION COMPANY INC. ('AUCTIONEER') MAKES NO GUARANTEES OR WARRANTIES EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, AS TO, BUT NOT LIMITED TO, CONFORMITY TO ANY SAFETY DESIGN OR POLLUTION STANDARD OR TO ANY OTHER STANDARD OR REQUIREMENT OF ANY APPLICABLE AUTHORITY, LAW OR REGULATIONS, FITNESS FOR ANY PARTICULAR PURPOSE, AND/OR MERCHANTABILITY OR PARTICULAR AGE, YEAR OF MANUFACTURE, MODEL, SERIAL OR OTHER NUMBERS, MAKE, CONDITION OR MILEAGE. EACH AND EVERY SALE SHALL BE MADE AND ACCEPTED AS IS, AND AT BUYER'S RISK. THE BUYER SHALL PAY ALL COSTS FOR ANY REPAIRS. DO NOT BID UNLESS YOU HAVE DETERMINED THE CONDITION OF THE LOT FROM YOUR OWN INSPECTION. ALL ITEMS ARE SOLD QUANTITY TIMES THE $$$ - 1. Any announcements by Auctioneer take precedence over any printed matter pertaining to this auction. 2. Auctioneer reserves the right to refuse registration to anyone and to reject the bid of anyone who has not registered and obtained a Bidder's number. Anyone bidding for an account other than his own must register to that effect, by registering Bidder warrants and represents that he is authorized to bid on behalf of the party represented. 3. Full settlement to be made day of sale. Buyer is not entitled to possession of any of his purchases until the total price of all his purchases has been fully paid in currently collectible funds. Auctioneer may determine that for any major lot, as determined solely by Auctioneer. 4. All lots shall be sold to the highest Bidder as determined by the Auctioneer, with no minimum, reservation, bid-in or buy-back. When the hammer falls and a bid is claimed by two or more Bidders, the Auctioneer shall reopen the bidding between those tied Bidders until there is only one high Bidder. The Auctioneer shall at his own discretion decide whether a 'late bid' is made before the hammer is struck down. All sales are final when the auctioneer declares the item sold. **Please note that Lot by Lot Bids are not valid until all Lots have been sold. ** EVERYTHING IS SOLD BY THE EACH (QUANTITY TIMES THE $$$ ) 5. All applicable sales, use, transfer or excise taxes shall be added to the purchase price of all taxable purchases unless the Buyer, files with the Auctioneer proof of exemption from all such taxes in a form satisfactory to Auctioneer and the applicable governing authority for the locale in which the auction is being held. Buyer shall reimburse Auctioneer for any sales tax not paid by Buyer which Auctioneer is compelled to pay. 6. No sale shall be invalidated and no liability shall be borne by the Auctioneer or Seller due to any defect, error or inaccuracy of description of the lot either in the listing catalog, in any advertising, marketing or other printed materials, or in any statement by Auctioneer or his agents, servants or employees. All such written material and statements are merely descriptive guides, and although they have been compiled from sources deemed reliable, neither Auctioneer nor Seller guarantees or warrants their accuracy. All purchases made by Bidder shall be based solely upon Bidder's personal inspection and/or opinion of the equipment, and Bidder hereby acknowledges that all items were available for inspection prior to the auction. 7. Buyer is responsible to insure purchases immediately and to remove all purchases from the auction site after the sale in accordance with the procedures announced or posted at the sale. Buyer is responsible to repair and restore any damage to real property or permanent improvements caused by removal of the goods purchased. Buyer shall bear all costs, responsibilities and risk of such removal, including performance by hired truckers. Auctioneer reserves the right to require proof of adequate insurance coverage from any Buyer of lots requiring dismantling, rigging or hot cutting. Buyer agrees to indemnify and hold harmless the Auctioneer from and against any damage to property or injury to person or loss of life occasioned, directly or indirectly, by the acts of the Buyer and/or Buyer's representatives, agent or employees in connection with the dismantling or removal of any lot. In the event a Buyer fails to remove any lot within the time specified, such lot, at the discretion of the Auctioneer and without notice, may be deemed to have been abandoned to the Auctioneer, and the Auctioneer, at his sole discretion shall have the right to resell such lot as provided in paragraph 8 or to remove and store said lot at Buyer's sole risk and expense. Buyer shall be liable for any rent incurred or damages sustained by Auctioneer due to Buyer's failure to remove any lot when due. No lots may be removed until the end of the auction. 8. Auctioneer reserves the right to resell any items on the sale date in accordance with paragraph 3 above and/or any property deemed abandoned to Auctioneer as described in paragraph 7 above. Such items may be resold without notice to Buyer, and Buyer shall be responsible to Auctioneer and Seller for all expenses of any nature whatsoever relating to such resale and collection and for any damages of any nature whatsoever to Auctioneer and/or Seller resulting from such resale. Such expenses and damages shall include, but shall not be limited to, commission of 13% and any deficiency arising between the amount of the initial sales price and the net amount brought upon such resale. Auctioneer may, at its sole option, elect to retain all monies deposited in part payment as liquidated damages and otherwise cancel Buyer's contract of purchase. 9. Auctioneer may, at any time and at his sole discretion and without notice or liability to Bidder, withdraw or cancel the sale of any lot, or offer any lots in groups or with special terms. Auctioneer reserves the right to accept or reject any bid which is merely a fractional advance over the preceding bid. 10. All necessary documents of sale if available will be delivered to the Buyer upon payment in full of the purchase price in currently collectible funds. In the case of payment by check, any titles, bills of sale and other documents of sale will be mailed to Buyer within 20 business days of satisfactory collection of such funds. Acceptability of titles and documents of sale are subject to the making available of same to Auctioneer by Seller. Title and documents of sale provided will be prepared to be effective only in the state in which the auction is being conducted. In the event Auctioneer, for any reason whatsoever, is unable to make available, to effect delivery, or to obtain the necessary documentation required to obtain clear title to such item, whether before or after delivery of any item, or in the event Buyer is unable to obtain possession of any item purchased within 20 days of the auction. Auctioneer's sole liability, if any, shall be the return of any monies paid on such items upon return of the item in question. Any item which shall have been delivered, shall be returned or surrendered to Auctioneer if, within Auctioneer's sole discretion, Auctioneer shall make such demand for return. Auctioneer assumes no liability for any registration fees, title transfer fees or penalties resulting from title paperwork. 11. Bidder acknowledges that an auction site can be a potentially dangerous place and immediately upon registration, if not before, shall so notify his agents, servants, employees and others accompanying him. The auction site shall include any location where a lot is located for display and/or removal, as well as where the actual bid calling is conducted. Bidder agrees to indemnify and hold harmless Seller and Auctioneer and their respective officers, employees, servants and representatives from and against any and all claims, losses, damages, injuries, liabilities, costs and expenses of whatsoever kind or nature (including attorney's fees and costs) for any injury or death to any person or persons whomever or for damage to or loss or destruction of property occurring in, upon or about the auction site when such loss, damage or injury is occasioned, directly or indirectly, by the actions or omissions of the Bidder, his agents, servants or employees. 12. The Buyer is solely responsible to inspect all equipment to insure it is in a condition where it can be safely used, to provide proper safety devices and equipment or means to meet all governmental safety standards, and to notify all persons operating the equipment as to all attendant dangers. The Buyer hereby assumes these responsibilities and agrees to indemnify and hold the Auctioneer and Seller harmless from any future claim pertaining to (1) fitness or use of that asset as purchased; (2) provision of proper safety devices or equipment; (3) notification and warning of Buyer and its representatives, agents, employees, any other users or subsequent Buyers, as to the dangers and risks attending operation of the equipment; and (4) the condition of the equipment.