ONLINE AUCTION – TROSPER RETIREMENT SALE TERMS AND CONDITIONS READ CAREFULLY AND COMPLETELY By Bidding in this Auction, All Bidders Agree to the Following Terms: 1. Lots begin closing in numerical order at 9:00 AM CT on April 18, 2012. This is a Public Auction. Bidders must provide a valid credit card to register to bid online. Inspection times: April 14th 10 AM - 1 PM. 2. Payment will be charged to the credit card you registered with immediately after the last lot is sold on April 18th. If you would like to pay by cashier’s check, cash or wire transfer, call the auction office at (512)261-3838 and let us know before the end of the bidding. After last lot is sold, if auction company has not received word from you, your credit card will be charged immediately. An email confirmation & paid invoice will be emailed to buyer confirming process of payment. Payment can be made by VISA, MC, Discover, Wire Transfer or by cash or cashier’s check. A paid invoice will be required to remove purchases. Buyers should be available by cell phone (or other phone number provided at registration). Payment must be received by 5:30 PM CT April 18, 2012. No items may be removed until payment is made in full. 3. A 15% Buyers’ Premium will be added to each item purchased. 4. Sales tax will be charged unless the buyer has a dealer’s resale number that is directly related to the industry that is being sold or if the equipment is being shipped out of state via commercial shipper. Bidders should present their resale information at the time of registration. Please fax your Resale/ Tax Exemption Certificate to (512) 261-9886 or email it to info@jonesswenson.com. Without a certificate, taxes will be charged. Taxes on titled vehicles will be paid by the buyer when the vehicle is registered. 5. All items in the auction are being sold, “as is, where is” without warranties or guarantees of any type and with all faults. AUCTIONEER AND SELLER EXPRESSLY DISCLAIM AND EXCLUDE THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Bidders should rely solely on their own inspection of all items prior to the sale and should satisfy themselves as to the usefulness and value of each item. Any statement in the description regarding the items to be sold should be considered a guide and guide only. Any error in description does not relieve the buyer or his agent of their responsibilities. 6. Removal: All purchases must be removed on April 20th and April 21st from 9 am until 4 pm. April 21st at 4 pm is the deadline for removal. All items located at 3874 East Hwy 380 (also known as University Dr.), McKinney, TX. If you cannot remove your purchases within this timeframe, do not bid. Any concerns regarding removal should be addressed to Auctioneer prior to bidding. ??Buyers assume all responsibility for packing, removal, transportation and handling of purchases. Bidders will be responsible for providing their own packing supplies and labor. AUCTIONEER DOES NOT OFFER THESE SERVICES. NO SHIPPING IS AVAILABLE. 7. Seller, Auctioneer and buyer expressly agree that Buyer is responsible for and agrees to indemnify Seller, Auctioneer and their respective affiliates for any and all damages (whether based on contract, tort, warranty, negligence, strict liability or any other legal theory, and including special, incidental and consequential damages), losses, expenses, attorneys’ fees, court costs, etc., that arise out of or result from the removal, possession or use of any items purchased at auction, or any other claim regarding the use or possession of any asset purchased at auction. 8. The Auctioneers will not be responsible for property acquired that is not removed within the time period allowed. Any item not removed on time will be deemed abandoned. Buyer accepts full responsibility for all costs incurred by Auctioneer or seller for removal/storage/disposal of abandoned merchandise. 9. All buyers must acknowledge and accept the Terms and Conditions provided at the time of online registration. W. Scott Swenson, CAI, GPPA, TX 7809 TX Broker #0425652 Dallas Office: (972)387-1110 Austin Office: (512)261-3838 www.jonesswenson.com Proud Members of the Texas & National Auctioneer Associations