2010 International 4400

Online Buyers will pay 12% on items $4999 or less, and 10% on items $5000 and over. 2% Discount on items bought in person. Items placed on a 'Call' by auctioneer are not finalized until auction company says so. A 'Call' gives first option to consigner to either sell, turn down, or counter buyers bid. WHEREAS, Buyer desires to buy equipment at auction and Auction House desires to facilitate such purchase. NOW, THEREFORE, for and in consideration of the mutual agreement hereinafter contained, the Parties hereto do hereby contract and agree on the following terms: 1. Description of Equipment. “Equipment,” as referred to herein, is any property of any kind purchased by Buyer through Auction House. 2. Opportunity to Inspect. Buyer hereby agrees they have had the opportunity to view and inspect the Equipment prior to the date of sale, and further, that it is the Buyer’s responsibility to determine condition, age, genuiness, value, or any other determinative factor in considering purchase of Equipment. 3. Waiver of Warranties. Buyer hereby agrees, acknowledges, consents, and accepts that Auction House is only facilitating the sale of Equipment, and as such, Auction House makes no warranties, express or implied, of merchantability, fitness for a particular purpose, or otherwise. 4. “As is” Acknowledgment. Buyer hereby agrees they are purchasing all Equipment “as is,” in accordance with the terms and conditions of this Agreement. 5. Auction Service. Buyer acknowledges Auction House is providing internet and live bidding as a service to Buyer. Buyer acknowledges and understands that this service may or may not function correctly the day of the auction, and under no circumstances, shall Buyer have any claim against Auction House or anyone else if the internet service fails to function properly or if any bids are missed from any source. 6. Payment/Payment Methods. Buyer agrees to submit payment for any Equipment by the end of the following business day after the sale is held. Acceptable payments forms of payment include: (1) cash, (2) check, (3) money order, or (4) wire transfer. 7. Equipment Pickup; Loading/Unloading. Buyer agrees to remove any Equipment from Auction House’s premises within five (5) business days after the sale is held. Further, Auction House may assist with the unloading/loading of Equipment at the direction of the Buyer, however, Buyer expressly acknowledges that any assistance is purely complimentary and, under no circumstances, may Auction House be held liable or responsible for any damage incurred thereto. 8. Title. Auction House shall deliver title to any Equipment to Buyer within twenty one (21) days, or as applicable law provides, after the sale is held. 9. Completion of Sale. Buyer agrees no sale shall be considered complete until the Buyer has made final and full payment of any Equipment. 10. Attorney's Fees; Venue. In the event of any litigation between the Parties hereto involving any transaction contemplated hereby or the construction or interpretation of this Agreement, the losing party shall pay all fees and costs of such litigation including attorney's fees of the prevailing party as the court shall adjudge to be reasonable. Further, venue for litigation arising from any transaction or occurrence contemplated herein shall lie in Victoria County, Texas. 11. Miscellaneous. Unless otherwise agreed to in writing, this Agreement constitutes the entire agreement between the Parties with respect to the Equipment purchased, and all other negotiations, representations, contracts or agreements between the Parties are hereby cancelled. 12. Applicable Laws, Successors. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Texas and shall be binding upon Buyer’s heirs, executors, beneficiaries, successors and assigns. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be duly executed to be effective as of the Effective Date.