11-13110 (Equip.-Implement misc.) Seller:Private/Dealer SET OF EXCAVATOR ATTACH

Payment must be made in full before the close of business on Monday after the auction on Saturday! Wire information will be provided with an invoice after the auction closes. Non-payment will be reported to Proxibid Tuesday morning. A 1% late fee will be applied for late payments if the late payment is accepted. - Cash, certified funds, or wire transfer are the only forms of payment that will be accepted after the payment deadline and will allow you to remove your purchase right away. Any payment made later than Monday after the auction may cause you to be declined in future auctions. - A personal or company check will only be accepted on auction day but must be accompanied by a bank letter of payment guarantee for us to release your purchase to you. A letter of reference or available balance will not be sufficient. Otherwise your purchase must remain on the auction grounds until the check clears the bank. This will take approximately one week. - Applicable sales tax must be collected on all transactions unless a valid resale tax exemption certificate has been provided to us. - Applicable title fees must be collected unless a valid motor vehicle dealer license has been provided to us. Purchaser hereby acknowledges that Tampa Machinery Auction, Inc. (hereafter referred to as “Company”) is merely selling the property for a commission; represents and warrants that said property has been examined, inspected and approved, by the purchaser or his or its agent; that said property is as represented; accepts same as is and with full knowledge of its condition at the time of sale; agrees that the Company shall not be responsible or liable for any inducement, promise, representation, agreement, condition, or stipulation not specifically set forth herein in writing; agrees that title to said property, remains in and is retained by the Company in collecting or attempting to collect the debt created hereby, including a reasonable attorney’s fee if placed in the hands of an attorney for collection; waives his rights to claim exemptions as to personal property including salaries and wages, under the Constitution and law of Florida and any and all other states of the United States; and agrees that the Company shall not be responsible in any way for any property left on the Company’s premises. Purchaser agrees to assume complete and total responsibility for any loss or damage to the above described property and will not hold the Company liable on account of loss or damage to the above described property due to theft, vandalism, loading or unloading the above described property or property near said property; or any act of God such as flood, storm, or fire. Purchaser agrees to defend, indemnify and hold harmless Tampa Machinery Auction, Consignee, and its agents, employees, servants and staff from and against all claims, liens, demands, obligations, actions, causes of action, claims of subrogation, damages, costs and expenses, and all claims of any nature, including but not limited to property damage, medical claims, personal injuries, death claims, wage loss claims, product liability claims, consequential damage claims, whether foreseen or unforeseen, to which said Consignee may be subject on account of or arising out of or flowing out of the above described property to include but not limited to the delivery, holding, storing, previewing, repairing, moving, starting, driving, loading, unloading and auctioning of the property described in referenced invoice(s). FOR AND IN CONSIDERATION OF the use of Tampa Machinery Auction, Inc.’s property and services in the auction and collection of monies for selling the described property and other good and valuable consideration, receipt of which is hereby acknowledged, I/we, being of lawful age, having legal authority to enter into the release agreement, for myself/ourselves, my/our employees, agents, servants, executors, administers and assigns, hereby release, acquit and forever discharge the Tampa Machinery Auction, its agents, servants, employees and directors from past, present and future actions, causes of action, claims, demands, damages, costs, loss of services, expenses, compensation, third party action suits at law or in equity, including claims or suits for contribution and/or indemnity, of whatever nature, of whatever type, and all consequential damage on account of, or in any way growing out of, known and unknown property damage, bodily or personal injuries, death, resulting from the delivery, holding, storing, previewing, repairing, moving, starting, driving, loading, unloading, selling and auctioning of any property.