TERMS AND CONDITIONS OF THE AUCTION By registering to bid or placing a bid, you agree to be bound by all of these terms & conditions and any other announced terms and conditions of sale or rules of the site. All internet bidders agree that bids placed on the internet shall have the same legal effect as if they were in attendance at the auction in person. ASK QUESTIONS BEFORE YOU BID. THERE ARE NO REFUNDS AND NO RETURNS!!! 1. All persons attending the exhibition, sale or removal of merchandise assume all risks of damage to person or property and specifically release and indemnify Rocky Mountain Estate Brokers Inc. (RMEB), whitleyauction.com Daniel R. Johnston & David P. Whitley from any liability. 2. All property is sold AS IS, and ALL SALES ARE FINAL. Read the lot descriptions. Some items in photos are not included with certain lots. Property is open to thorough public inspection. It is the Bidder’s responsibility to determine condition, age, genuineness, value or any other determinative factor. RMEB may attempt to describe the merchandise in advertising, on the internet and at the auction but makes no representations. In no event shall RMEB be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. If you plan to register a titled vehicle in an area that requires an emission or other test, emissions or other tests are not guaranteed and it is sold AS-IS unless stated otherwise in the item description. If firearms are sold, all Federal and Colorado laws and regulations will be followed. It is the bidder’s sole obligation to determine if a firearm they purchase is legal where they live. All titled vehicles are sold AS-IS TOW AWAY in regards to emissions tests. Emission tests are not provided unless it is stated in the item description. If you have any questions about the merchandise, ASK THEM BEFORE BIDDING. Bidder shall be the sole judge of value. 3. All internet Bidders agree to pay a buyer’s premium equal to Eighteen and One Half Percent (18.5%) of the hammer price of each item they purchase. If the hammer price of an item is $100.00, the buyer’s premium will be $18.50 for a total purchase price of $118.50. There is a 3.5% discount for cash payments. Under state law, sales tax will be collected on this amount. 4. 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. RMEB shall endeavor to describe in detail each item and any pertinent information about it. RMEB 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 WHERE IS with no warranties express or implied. RMEB does not guarantee any appraisals, gradings or certifications. It is Bidder’s responsibility to determine if any item is legal where they live. There are no refunds for any reason. Bidder agrees that he or she may not return any item they purchase for any reason accept an intentional and material misrepresentation of the item itself made by RMEB. Bidder’s sole remedy in the event of an intentional and material misrepresentation of an item shall be to return the item, at their expense and in the same condition it was shipped to them. If RMEB agrees that the item was materially and intentionally misrepresented RMEB will refund the Bidder’s purchase price to him/her. Bidder agrees that under no circumstances whatsoever will RMEB ever be liable to any bidder for an amount greater than the purchase price of the item they purchased. 5. RMEB is providing internet only 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 RMEB or anyone else if the internet service fails to work correctly before or during the live auction. RMEB 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 ends. RMEB reserves the right to withdraw or re-catalog items in this auction. 6. The auctioneer shall advance the bidding at his own discretion. Depending upon the increments and order in which bids are accepted, an internet Bidder’s maximum bid may not be recognized prior to a floor bid of the same amount. RMEB may withdraw any item before or during the auction. Should a tie or a dispute arise between two bidders, the auctioneer may, at his discretion, reopen the bidding until the property is sold. From time to time RMEB may accept items with reserves prices. RMEB reserves the right to bid on behalf of the owner on items on which there may be a reserve. The record of the auction made by RMEB shall be conclusive. 7. RMEB reserves the right to charge the Bidder’s credit card the full amount of any or all of Bidder’s pre or live bids at any time. When the auctioneer says, sold Bidder assumes full responsibility for the merchandise. Everything MUST be paid for in full at the conclusion of the auction. Payment must be made on location at 1504 Arroyo Drive, Windsor, CO 80550 on Saturday May 21, 2011 from 9:30 AM until 12:00 PM and 1:00 PM until 3:00 PM. Cash, Check with pre-approved bank letter of guarantee, MasterCard & Visa are accepted payments. A standard 18.5 buyer’s premium applies to all purchases in this Auction. The buyer’s premium is discounted to 15% for cash and guaranteed check payments. Sales tax applies. We will automatically charge your credit card the day after the auction ends at 2:00 PM MDT if you do not contact us with other payment arrangements at info@whitleyauction.com. Checks of any kind must be accompanied by an irrevocable bank letter of credit guaranteeing payment to RMEB and approved at least 24 hours in advance of the auction. Late payments incur a processing fee of $100 per day plus the highest amount of interest allowable under Colorado law. If a check accepted by RMEB is returned for any reason, Bidder agrees that RMEB may re-present it in person or electronically and collect the amount of the check as well as the highest service charges and fees allowed under Colorado law. Unless exempted by law, the purchaser shall pay all applicable taxes. Bidder agrees to indemnify RMEB against any claim if sales tax is not collected on Bidder’s purchases. Bidder agrees to not stop payment on any check paid to RMEB. Bidder further agrees that under no circumstances will he/she initiate a chargeback on his/her credit card. Title to the merchandise transfers to Bidder only when Bidder’s payment is honored. 8. All property shall be removed from the premises by the Bidder at her/his own risk and expense within the time period announced. ALL MERCHANDISE PURCHASED AT THIS AUCTION MUST BE REMOVED BY SATURDAY MAY 20, 2011 AT 3:00 PM UNLESS SPECIAL ARRANGEMENTS HAVE BEEN MADE WITH RMEB OR IT IS BEING SHIPPED. ITEMS NOT REMOVED BY THIS TIME WILL HAVE A CHARGE OF $100 PER LOT, PER DAY ADDED AND MAY BE FORFEITED. Internet bidders should arrange to pick up their purchases within this time. A professional shipping company will ship all merchandise not picked up. Bidder hereby grants any shipper of RMEB’s choosing the right to charge their credit card the entire amount of shipping and handling costs. All items will be insured for the purchase price. Our first priority is to deliver your new purchase in excellent condition. Any merchandise not removed by bidder will be forfeited. Bidder shall have no claim to merchandise not removed by the above date. 9. Bidder agrees that this agreement shall be governed by the laws of the state of Colorado and hereby grants sole jurisdiction and agrees to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Weld County, Colorado. Bidder agrees and grants that service of process on them may be obtained by mailing a certified letter, containing a summons, postage prepaid, to them at the address they provided to register. Should a dispute arise between RMEB and Bidder, Bidder waives any right to a trial or hearing in a court of law and agrees to settle the dispute through binding arbitration in Weld County, Colorado with an arbitrator appointed by the President of the Colorado Auctioneers Association. 10. RMEB may refuse a buyer’s number to anyone for any reason. Bidder agrees to provide any identification RMEB may request including but not limited to: drivers license, photocopies of credit cards, Social Security card or US Passport. Bidder agrees to comply with any stated additional terms or conditions associated with particular items. 11. We want you to be happy with your purchases. If you have questions about the merchandise, the time to ask questions is well in advance of the live auction. No returns are allowed. By registering for this auction, you have been added to our free emailed Whitley Auction Updated. Each email includes a link to un-subscribe. Please do not report our emails as spam. Thank you for your patronage.