ACS Auction Terms & Conditions 1. All prospective buyers must be at least 18 years old and are required to register with ACS Auctions prior to bidding. By using the bid number, the bidder acknowledges he has received, read, and understands and agrees to be bound by the terms and conditions of the auction either on the bidders agreement. 2. The Auction will be conducted by offering the items by lot, either individually or in groups. The bidder offering the highest bid accepted by the Auctioneer shall be the purchaser of the offered lot, and no purchaser shall retract his bid. Purchaser accepts a lot when he makes a bid. All sales are final. 3. The bidder, whether acting as principal, agent, officer or director of a company or otherwise, in any capacity whatsoever, and the company he represents, both jointly and severally agrees to indemnify and save harmless Auctioneer and its officers, directors, employees, agents, attorneys and its consignors, from any and all actions, causes of action, suits, damages, costs, and losses of any nature, including injury and death, arising from the purchase or use of any items, or the attendance or participation of bidder, his/her agents or employees, at the auction and/or whether before, during, or after the auction. The bidder agrees that in the event that a legal action is filed against ACS Auctions or its officers, directors, employees, agents, attorneys and/or consignors, the suit must be filed within the State of California and the County of Sacramento jurisdiction. 4. Bidder agrees to be responsible for the payment of the purchase price, Auctioneer�s fees, Buyers Premium, any applicable DMV fees, Shipping & Handling Charges and taxes due on all of bidder�s purchases. 5. The �Auction Terms and Conditions� shall be governed by and interpreted under the laws of the State of California, and any action hereunder against Auctioneer shall be commenced in the State of California and the county of Sacramento. 6. All items are sold �AS IS-WHERE IS� without any guarantees or warranty expressed or implied, statutory or otherwise of any nature whatsoever in respect of the lots offered at the auction. Specifically, but without limitation, Auctioneer makes no representation or warranty that any of the lots conform to any standard in respect of safety, pollution or hazardous material, or fit for any particular purpose. The Auctioneers, sellers, or any member of their staff make no guarantee as to the authenticity, of any particular age, year of manufacture, model, make, mileage, hours, condition, or defect of any lot or item being sold. Bidders are encouraged to make their own physical inspection and rely solely on that inspection before bidding. Failure to inspect does not negate that Bidders responsibility to perform under the auction terms and conditions. 7. The Auction Advertisements have been prepared as a guide, and should be used as a guide only. Although the descriptions are believed to be correct its accuracy cannot be guaranteed or warranted. The Bidder acknowledges that all auction items are available for inspection prior to the auction and it is the Bidders responsibility to have inspected the item before bidding. No sale shall be invalidated; nor shall auctioneers be liable as a result of defects or inaccuracies of any lot. 8. Bidder acknowledges that an auction site is a potentially dangerous place. Flammable, noxious, corrosive and pressurized substances are present, heavy equipment is being operated and electric circuits may be live. Every person at the auction site, at any time, shall be there at his own risk without notice of the condition of the premises and the activities thereon and bidder shall so advise his agents and employees. No person shall have any claim against Auctioneer, its officers, directors, agents, employees, principals, or attorneys for any injuries sustained, nor for damages to or loss of property, which may occur from any cause whatsoever. 9. Any dispute arising as to any bidding shall be settled by Auctioneer at his sole discretion, and Auctioneer may put the lot in dispute up for sale again. Auctioneer reserves the right to refuse any bid, which it considers to be an insignificant advance over the preceding bid. 10. All payments must be paid by Visa or Mastercard credit card, cashier�s check, money order or wire transfer payable to ACS Auctions. You will be charged a $10.00 wire fee for each wire transfer. ALL Credit Card Purchases $100.00 or more will Require buyers to Sign a "CREDIT CARD AUTHORIZATION FORM" (Once Only) that we will fax or email to you. NOTE: There is a $25.00 Processing Fee if your Credit Card is DECLINED for any reason! NO EXCEPTIONS !! * Credit Cards purchases $1,000.00 and over OR cards registered Outside the USA will be charged a 3.5% convenience fee * All Online buyers credit cards will be charged twice! Once for the auction fees 24-hours after the auction ends, and a Second time for the shipping and/or handling fees when determined. Buyer agrees that under NO CIRCUMSTANCE will he file a CHARGE-BACK or DISPUTE payment to from any or all credit card purchases. 11. Interest on overdue amounts will be paid by purchaser at a rate of 2% per month/24% annual, or at such other maximum rate allowed by law. 12. State and local sales tax will be assessed and collected on all purchases unless legal exemption documentation is provided at the time of sale. 13. A ( 18.0% ) Buyers Premium will be added to the bid price of each item purchased to cover administration fees and online services. 14. Purchaser is responsible for insuring his purchases immediately. ACS Auctions shall not be responsible for loss, damage, or theft of any purchase. Purchaser shall not be entitled the shipment or removal any item form the auction facility until all his purchases are paid for in full including all applicable goods, sales, buyers premium or use taxes. 15. Removal of all items shall be the sole responsibility of the purchaser. Loading assistance is provided as a courtesy; however, purchaser assumes all risk and responsibility for loading and removal of purchases. Auctioneer reserves the right to require proof of adequate insurance coverage from any purchaser items requiring dismantling, rigging or hot cutting. Purchaser agrees to indemnify and save harmless both, consignor and Auctioneer, its officers, directors, employees, agents, and attorneys against any damage caused by the acts of purchaser. NOTE: All WILL-CALL ITEMS MUST BE REMOVED FROM THE AUCTION FACILITY WITHIN 10-DAYS AFTER THE AUCTION DATE !! If for any reason purchaser fails to remove any purchase within the time specified, the purchase shall be deemed abandoned, and Auctioneer at its sole discretion may resell the items. Purchaser shall be liable for any rent incurred or damages suffered by Auctioneer because of purchaser�s failure to remove any item. Failure to remove items will result in a rental / storage fee of NOT LESS THEN $25 PER ITEM. PER DAY. 16. A $55 document processing fee, and a $55 California smog fee, (if applicable) will be charged for every DMV purchase, whether sold independently or grouped into one Lot and regardless of purchaser�s intended use of the purchase. 17. California law does not provide for a �cooling off� or other cancellation period for vehicles. Therefore you cannot later cancel a contract simply because you change your mind, decide the vehicle costs too much, or wish you had acquired another vehicle. 18. Funds must be certifiable prior to the processing or release of DMV documents. Documents will be prepared to be effective only in the California jurisdiction for which the auction was conducted. 19. If for any reason, Auctioneer is unable to make available or deliver any purchase or clear title to the same, or documentation required in respect of any purchase, whether before or after delivery, Auctioneer�s sole liability shall be the return of monies paid in respect of such purchase upon its return by purchaser. Any such purchase shall be returned or surrendered upon demand by Auctioneer. 20. Some vehicles may be sold pursuant to vehicle code 24007.5, subsection (a) paragraph (2) and may only be available to licensed motor vehicle dealers and dismantlers. 21. Some commercial trucks will be offered for sale to"out of state buyers only" as regulated by the California Air Resources Board requirements for State of California. Items sold for export out of California will be accompanied with a certificate of title and a VIN stop filed with California Department of Motor Vehicles. Buyers must be registered with ACS Auctions prior to bidding and must provide out of state address and driver�s license. Purchasers of items sold for export outside of California will be required to sign VIN Stop and out of state delivery declaration before the item can be removed from the sale site. 22. Auction bidder agrees that he/she is herein notified, pursuant to: �2449(j) Disclosure of Regulation Applicability, that any off-road diesel vehicle, when operated in California, may be subject to California Air Resources Board In-Use Off-Road Diesel Vehicle Regulation. It therefore could be subject to retrofit or accelerated turnover requirements to reduce emissions of air pollutants. For more information, please visit the California Air Resources Board website at http://www.arb.ca.gov/msprog/ordiesel/ordiesel.htm.� Auction purchasers will be required to sign acceptance of said declaration attached to the �bill of sale� for each off-road item purchase. 23. All property is sold �AS IS�, and ALL SALES ARE FINAL. Property is open to thorough public inspection. It is the Bidder�s responsibility to determine condition, age, genuineness. ACS Auctions Company may attempt to describe the merchandise in advertising, on the Internet, but makes no representations. In no event shall ACS Auctions 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 and condition. 24. Bidders who bid from off site 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. ACS Auctions shall endeavor to describe each item and any pertinent information about it. If you have questions regarding a lot, contact ACS Auctions prior to placing your bid. ALL BIDS ARE FINAL! 25.ACS Auctions is providing Internet timed pre-auction bidding as a service to Bidder. Bidder acknowledges and understands that this service may or may not function correctly the final day of the auction. Under no circumstances shall Bidder have any kind of claim against ACS Auctions or anyone else if the Internet service fails to work correctly before or during the auction. ACS Auctions 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 pre-bid proxy-bidding feature and leave their maximum bid 24 hours before the auction begins. ACS Auctions reserves the right to withdraw or re-catalog items in this auction. ACS AUCTIONS All Rights Reserved. 2009-2010