Komatsu D 53 A Dozier

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 Russ Kiko Associates Inc. Auctioneers from any liability. 2. All property is sold 'AS IS', and ALL SALES ARE FINAL. Property is open to thorough public inspection. It is the buyer's responsibility to determine condition, age, genuineness, value or any other determinative factor. Russ Kiko Associates Inc. Auctioneers may attempt to describe the merchandise in advertising, on the Internet and at the Auction but makes no representations. In no event shall Kiko Auctioneers 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. All advertising is derived from sources believed to be correct, but is not guaranteed. 3. 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. Kiko Auctioneers shall endeavor to describe in detail each item and any pertinent information about it. Kiko Auctioneers will not be responsible for any errors or omissions in the description of the merchandise. Bidder agrees that everything is sold 'AS IS' and that they may not return any item they purchase for any reason. 4. Kiko Auctioneers is providing Internet pre-auction and live 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 circumstance shall Bidder have any kind of claim against Kiko Auctioneers or anyone else if the Internet service fails to work correctly before or during the live auction. Kiko Auctioneers will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged are encouraged to use the proxy bidding feature and leave their maximum bid 24 hours before the Auction begins. Kiko Auctioneers reserves the right to withdraw or re-catalog items in this Auction. 5. The Auctioneer shall advance the bidding at his own discretion. Kiko Auctioneers may withdraw any item before or during the Auction. The record of the Auction made by Kiko Auctioneers shall be conclusive. 6. 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 shall be made by MasterCard, VISA or Wire Transfer of funds, as outlined in the Payment Options and Payment Instructions above for this sale. 7. All applicable sales tax will be added to the purchase price of all purchases deemed taxable in accordance with Federal, State and/or Local Laws. Ohio, West Virginia and Pennsylvania residents who are tax-exempt must complete their State Tax ID and/or Federal Tax ID in Proxibid to be exempt from sales tax when you register with Proxibid. Otherwise tax will be added to the sale if applicable. Unless exempted by law, the purchaser shall pay any and all applicable taxes. Bidder agrees to indemnify Kiko Auctioneers against any claim if sales tax is not collected on Bidder's purchases. Bidder agrees that under no circumstance will he/she initiate a chargeback on his/her credit card. 8. Kiko Auctioneers may refuse a buyer's number to anyone for any reason. Bidder agrees to provide any identification that Kiko Auctioneers may request, including but not limited to: driver's license, photocopies of credit cards, Social Security card, or Passport. Bidder agrees to comply with any stated additional terms or conditions associated with particular items. 9. We want you to be happy with your purchases! If you have any questions about the merchandise the time to ask questions is well in advance of the live auction. No returns are allowed. 10. All items not picked up during scheduled pickup times will be forfeited by the buyer. 11. When applicable, packing, shipping and insurance costs are the responsibility of the buyer. Your shipping costs will be charged separately on your credit card. Shipping of oversized items are the responsibility of the buyer. 12. Firearms buyers must be an Ohio resident, 21 years of age to purchase a handgun and 18 years of age to purchase a long gun. Buyer will be required to fill out firearm buyer information paperwork at pickup. No shipping of firearms. 13. Any controversy or claim arising out of, or relating to this contract, or the breach thereof, shall be settled by arbitration in accordance with the rules of American Arbitration Association, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. Any and all disputes, whether by arbitration or otherwise, shall be venued, heard and decided in Stark County, Ohio. 14. PLEASE READ: At the request of the auction company, this auction permits bids to be placed by the auctioneer or an employee of the auctioneer. While Proxibid's Unified User Agreement prohibits this behavior, in accordance with UCC 2-328, this auction is permitted to engage in this activity by providing this clear disclosure to you, the bidder. Absolute auctions do not permit bidding by seller or an agent of the seller. Thank you for your patronage!