BidItUp, LLC – Bidder’s Binding Contract

1. DEFINITIONS

• Agreement: This legally binding contract between BidItUp, LLC (“Auctioneer”) and the Bidder governs all terms of participation in any auction facilitated by BidItUp, LLC.

• Auctioneer: BidItUp, LLC, acting as auctioneer, seller, or legal owner of the lots.

• Bidder: Any individual or entity placing a bid, thereby acknowledging and accepting this Agreement’s terms and assuming all related responsibilities.

• Buyer’s Premium: A mandatory percentage fee added to the winning bid. Example: With a 20% Buyer’s Premium, a $100 bid equals a $120 invoice before tax.

• Lots: All items made available for auction by the Auctioneer.

• Owner: The legal owner of any Lot at the time of offering.

2. AUCTION TERMS

Auction Conduct & Modifications

• This Agreement governs the auction and may be supplemented by additional terms, amendments, or announcements made verbally, in writing, or on www.biditup.com.

• Auctioneer has sole discretion to group, regroup, remove, re-lot, or withdraw Lots at any time.

Reserve Auction

• All auctions are conducted with reserve unless otherwise specified. Auctioneer may bid on Lots or accept/reject any bid at its sole discretion.

Buyer Beware

• All Lots are sold “AS IS, WHERE IS” without warranties of any kind.

• It is the Bidder’s responsibility to inspect all Lots prior to bidding.

• No reliance shall be placed on descriptions, photos, catalogs, or verbal statements.

Bidding & Binding Nature

• All bids are final, irrevocable, and constitute binding contracts.

• No claims of bidding errors or accidental submissions will be entertained.

3. PAYMENT TERMS

• A 25% deposit via cash, wire transfer, or company check with bank guarantee is required prior to bidding. Credit cards are not accepted.

• Full payment is due within one (1) banking day (24 hours) after the auction. Failure to do so constitutes default.

• A $75 title processing fee applies to each titled item.

• Sales tax applies unless a valid tax exemption certificate is provided. Vehicles are sold “as-is” with responsibility for DMV taxes and fees falling solely on the Buyer.

4. REMOVAL & DISCONNECT TERMS

• All removal, rigging, electrical disconnect, broom cleaning, bolt-cutting, and hauling are the Bidder’s sole responsibility.

• Deadlines for removal are strictly enforced and are listed on the invoice.

• Required insurance includes $2M general liability and valid worker’s compensation; proof must name BidItUp, Landlord, and Owner as additional insured.

• Any hazardous materials discovered must be handled and disposed of in full compliance with applicable environmental laws by the Bidder.

5. RISK, TITLE & DEFAULT

• Title passes only upon full payment. Risk of loss transfers to Bidder once Lots are announced “sold.”

• Any unpaid Lots beyond the deadline may be deemed abandoned and resold or disposed of at Bidder’s expense.

• Administrative fees of $500/day per Lot may apply.

• Bidder agrees to a consent judgment for any unpaid amounts and waives rights to court proceedings.

6. ONLINE AUCTION & SYSTEM LIABILITY

• BidItUp, LLC disclaims all responsibility for software glitches, bid update lags, or connectivity failures.

• Auctioneer reserves the right to accept, reject, or remove online bids at any time.

• All online bids are binding regardless of technical errors.

• Auctioneer is not liable for indirect, special, or consequential damages related to platform use.

7. RECORDING & MEDIA

• By registering and participating, Bidder consents to being recorded and grants the Auctioneer permission to use audio/video/image recordings for operational, promotional, or legal purposes.

8. SUSPENSION & ENFORCEMENT

• Violation of any clause may result in suspension of bidding privileges and/or legal action.

• Bidder agrees that all invoice amounts are enforceable as a single, binding Agreement in legal proceedings.

9. ADDITIONAL LEGAL TERMS

• Arbitration: All disputes will be resolved by binding arbitration under JAMS rules in Los Angeles County, California. No class actions permitted.

• Jurisdiction: This Agreement is governed by the laws of the State of California and U.S. federal law.

• Force Majeure: Auctioneer is not liable for delays due to events beyond its control.

• Waiver of Rights: Bidder waives protections under California Civil Code §1542.

• Severability: If any clause is found unenforceable, the remainder of the Agreement remains valid.

• Successors & Assigns: This Agreement binds and benefits all successors, assignees, and legal representatives.

• Entire Agreement: This document, along with posted terms or announcements, constitutes the full agreement between parties.

10. MARKETING & PRIVACY

• By registering, Bidder opts in to receive future auction notifications and marketing communications.

11. ACKNOWLEDGMENT

By placing a bid, the Bidder certifies they have read, understood, and agreed to be legally bound by the terms of this Agreement. These terms remain enforceable even if the Bidder is not physically present and accepts them through online registration or bid submission.