1998 MERCEDES-BENZ M CLASS ML320, 4 DOOR WAGON

Payment for any vehicle awarded is due within 2 working days (auction day plus 2 working days, i.e., if auction is on Saturday, payment is due by close of business on Tuesday). Vehicles not paid within specified timeframe will be subject to a Late Fee of $100 per vehicle. We accept the following forms of payment for vehicle purchases: Cash, MasterCard, Visa, Discover (a 5% equipment fee will be charged for use of credit card) and Company Checks with Bank Letter of Guarantee. No vehicle can be removed from the auction facility until paid for in full. ANY CHECK RETURNED FOR ANY REASON TO JHAA WILL BE CHARGED A $25 RETURNED CHECK FEE, PLUS A $125 COLLECTION FEE, PLUS ALL COURT COSTS AND LEGAL FEES ASSOCIATED WITH COLLECTION. RENEGE FEE - In the event a buyer reneges on a vehicle, buyer agrees to pay JHAA the renege fee of $1000 or 15% of sale price, whichever is greater. Buyer is also responsible for any and all collection costs, including attorney fees and court costs. Bidding privileges will be suspended until payment has been received. Any buyer that reneges on a second vehicle will have his bidding privileges revoked. STORAGE FEE - All vehicles purchased, are subject to daily storage fees of $25.00 per day if not removed with two working days of the sale. VEHICLE WITHDRAWAL - JHAA reserves the right to withdraw from auction any vehicle for any reason at any time at its sole and absolute discretion. CALL VEHICLES - Vehicles requiring the approval by the vehicle provider will not be released to Buyers until bid is accepted by the vehicle provider. INTERNET BIDDING 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. J Higgs Auto Auctions shall endeavor to describe in detail each item and any pertinent information about it. J Higgs Auto Auctions 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 and that they may not return any item they purchase. J Higgs Auto Auctions 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 circumstances shall Bidder have any kind of claim against J Higgs Auto Auctions or anyone else if the Internet service fails to work correctly before or during the live auction. J Higgs Auto 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 proxy-bidding feature and leave their maximum bid 24 hours before the auction begins. J Higgs Auto Auctions reserves the right to withdraw or re-catalog items in this auction. TITLE TRANSFER All title work and bills of sale will be transferred to the name listed on the Buyer Registration Agreement. Checks will be issued to the seller’s name on the title. No exceptions! POLICIES 1. Customer authorizes the Auction to act as Customer’s Attorney-in-fact to purchase, sell and transport vehicle, and on Customer’s behalf to execute any documents necessary to transfer ownership thereof and any disclosure statements relating thereto. Customer agrees to indemnify Auction, hold the Auction harmless, and defend the Auction against all claims, loss, damage, expense and attorneys’ fees that the Auction may sustain by reason of so acting for Customer, unless such claim arises directly from the Auction’s willful misconduct. 2. With respect to each and every vehicle purchase by Customer, Customer agrees that: a) Auction does not inspect vehicles delivered to it for sale; rather, the seller is responsible for all representations of description, condition, mileage and for disclosure statement relating to the vehicle; b) Customer will examine any vehicle purchased and accept the vehicle in its present condition; c) Customer is responsible for applicable Sales Tax for the state and county of residence. 5. This Agreement may be terminated by Auction at any time with or without cause. The parties’ obligations under this Agreement with respect to transactions completed prior to terminations shall survive termination. 6. This Agreement may be amended only by an instrument in writing signed by both parties. 7. This Agreement hereto constitutes the entire understanding of the parties and supersedes all prior negotiations, representations, or agreements, either written or oral, with respect to the subject matter hereof. 8. If any provision hereof or the application of any provisions to any persons or circumstances are held invalid or unenforceable by a court of competent jurisdiction, said provision shall be finally deemed deleted and the remainder of the Agreement shall remain in full force and effect.