KADDATZ AUCTIONEERING & FARM EQUIPMENT SALES
BIDDER’S TERMS OF SALE AND RULES OF THE AUCTION


KADDATZ AUCTIONEERING & FARM EQUIPMENT SALES (“AUCTIONEER”)
MAKES NO GUARANTEES OR WARRANTIES OF ANY NATURE WHATSOVER,
EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE AS TO (BUT
WITHOUT LIMITATION TO) CONFORMITY TO ANY SAFETY, DESIGN OR
POLLUTION STANDARD OR TO ANY OTHER STANDARD OR REQUIREMENT
OF ANY APPLICABLE AUTHORITY, LAW OR REGULATION, FITNESS FOR
ANY PARTICULAR PURPOSE, AND/OR MERCHANT ABILITY OR
PARTICULAR AGE, YEAR OR MANUFACTURE, MODEL, SERIAL OR OTHER
NUMBERS, MAKE , CONDITION OR ALL COSTS AND PERFORMANCE OF
ANY REPAIRS, INCLUDING BUT NOT LIMITED TO REPAIRS AND
MODIFICATIONS NECESSARY, IF ANY, TO PROTECT FULLY THE
OPERATOR OR ANY OTHER USERS OR BYSTANDERS AT ALL TIMES IN
ACCORDANCE WITH PREVAILING FEDERAL, STATE, AND LOCAL CODES,
AND INDUSTRY ACCEPTED STANDARDS. DO NOT BID UNLESS YOU HAVE
DETERMINED THE CONDITION OF THE LOT FROM YOUR OWN
EXAMINATION.

PLEASE NOTE: All Bidders and others attending this
auction agree that they have read and fully understand these
terms and agree to be bound thereby.

1. Identification—All purchasers are required to have a
Bidder Number to bid giving full name, address and driver’s
license.
2. Addition to or withdrawal or sale—The Auctioneer
reserves the right to withdraw form sale any of the items
listed or to sell at this auction item not listed, and also
reserves the right to group one or more lots into one or
more selling lots or to subdivide into two or more selling
lots. Whenever the best interest of the seller will be
served, the auctioneer reserves the right to sell all of the
items listed, in bulk.
3. Dispute between bidders—If any dispute arises
between two or more bidders, the auctioneer may decide the
same or may immediately put the lots up for sale again, and
resell to the highest bidder. The decision of the
auctioneer shall be final and absolute.
4. Sale by estimated count, measure or weight—Where
items are to be sold by estimated count, measure, or weight,
the purchaser will be billed for and required to pay for the
estimated count, measure or weight. If, when delivered, any
shortage exists, the purchaser will receive a refund at the
rate of purchase. If there is an excess, the purchaser is
required to take and pay for this excess, at the rate of
purchase.
5. Reserve—The auctioneer reserves the right to reject
any and all bids. On lots upon which there is a reserve,
the auctioneer shall have the right to bid on behalf of the
seller.
6. Condition of items sold—The auctioneer shall not be
responsible for the correct description, authenticity,
genuineness of, or defect in any lot, and makes no warranty
in connection therewith. No allowance will be made or sale
set aside on account of nay incorrectness, error in
cataloguing or any imperfection not noted. No deduction
will be allowed on damaged articles as all goods being
exposed for public exhibition are sold “as is” and without
recourse.
7. Time of payment—All bills must be paid in full
before leaving the premises on the day of sale.
8. Manner of payment—All bills must be paid to
representatives of the auctioneer at the auction unless
otherwise announced. The full purchase price on all lots
sold to the buyer must be paid within the time fixed and
before removal of any of the items.
9. Compliance with terms of sale—In default of payment
of bills in full within the time herein specified, the
auctioneer in addition to all other remedies allowed by law,
may without further notice, and deficiency, together with
all expenses and charged of re-sale, will be charged to the
defaulting purchaser.
10. Additional terms and conditions—Any additional terms
or conditions of sale, added by auctioneer, shall be
announced prior to auction.
11. Removal—Removal shall be at the expense, liability,
and risk of the purchaser. Purchases will be delivered only
on presentation of paid bill. Auctioneer shall not be
responsible for goods not removed with-in the time
specified, and shall have the option of removing and storing
at the expense and risk of the purchaser any article
purchased, but not for and removed within the specified
time.
12. Non-delivery responsibility—Auctioneer shall not, in
any event, be liable for non-delivery or for any other
matter or thing, to any purchaser of any lot, other than for
the return to the purchaser of the deposit or sum paid on
said lot, should the purchaser be entitled to it.
13. Claims—No claims will be allowed after goods are
removed from premises.
14. Personal and property risk—Persons attending during
exhibition, sale or removal of goods assume all risks of
damage of or loss to person and property and specifically
release the Auctioneer form liability therefore. Neither
the Auctioneer nor his Principal shall be liable by reason
of any defect in or condition of the premises on which the
sale is held. Auctioneer is not responsible for accidents.
15. Records—The record of sale kept by the Auctioneer
and bookkeeper will be taken as final in the event of any
dispute.
16. Agency—The Auctioneer is acting as agent only and is
not responsible for acts of its Principals.
17. No sale shall be invalidated and no liability shall
be borne by the Auctioneer of seller due to any defect,
error or inaccuracy of description of the lot either in the
listing catalogue, in any advertising, marketing or other
printed material, or in any statement by Auctioneer or his
agents, servants or employees. All such written material
and statements are merely descriptive guides, and although
they have been complied from sources deemed reliable,
neither Auctioneer nor seller guarantees or warrants their
accuracy. All purchases made by Bidder shall be based
solely upon Bidder’s personal inspection and/or opinion of
the equipment, and Bidder hereby acknowledges that all items
were available for inspection prior to the auction.
18. Bidder and Principal accept a lot at the time Bidder
makes a successful bid, and immediately upon such
acceptance, title to and all risks of loss and theft of the
property pass to Bidder or Principal. Bidder or Principal
is responsible to insure purchases immediately and to remove
all purchases from the auction site after the sale in
accordance with the procedures announced of posted at the
sale. Bidder or Principal is responsible to repair and
restore any damage to real property or permanent
improvements caused by removal of the goods purchased.
Bidder or Principal shall bear all costs, responsibilities
and risk of such removal, including performance by hired
truckers. Auctioneer reserves the right to require proof of
adequate insurance coverage form any Bidder or Principal of
lots requiring dismantling, rigging or hot cutting. Bidder
or Principal agrees to indemnify and hold harmless the
Auctioneer from any damage to property or injury to person,
including Bidder’s or Principal’s Representatives, agents or
employees in connection with the dismantling or removal of
any lot. In the event a Bidder or Principal fails to remove
any lot within the time specified above, such lot, at the
discretion of the Auctioneer and without notice, may be
deemed to have been abandoned to the Auctioneer, and the
Auctioneer, at his sole discretion, shall be liable for any
rent incurred or damages sustained by Auctioneer due to
Bidder’s or Principal’s failure to remove any lot when due.
19. Auctioneer reserves the right to resell any items
not fully settled on the sale date. Such items may be
resold without notice Bidder or Principal, and Bidder or
Principal shall be responsible to Auctioneer and Seller for
all expenses of any nature whatsoever relation to such
resale and collection and for damages of any nature
whatsoever to Auctioneer and/or Seller resulting from such
resale. Such expenses and damages shall include, but shall
not be limited to, commission of 25% and any deficiency
arising between the amount of the initial sales price and
the net amount brought upon such resale. Auctioneer may, at
its sole option, elect to retain all monies deposited in
part payment as liquidated damages and otherwise cancel
Bidder’s or Principal’s contract of purchase.






20. Bidder acknowledges that an auction site can be a
potentially dangerous place and immediately upon
registration, if not before, shall so notify his agents,
servants, employees and others accompanying him. The
auction site shall include any location where a lot is
located for display and/or removal, as well as where the
actual bid calling is conducted. Bidder agrees to indemnify
and hold harmless Auctioneer and its respective officers,
employees, servants, and representatives from and against
any and all claims, losses, damages, injuries, liabilities,
costs and expense of whatsoever kind or nature(including
attorney’s fee and costs) for any injury or death to any
person or person’s whomsoever, including Bidder’s or
Principal’s own employees, or for damage to or loss or
destruction of property occurring in, upon or about the
auction site when such loss, damage or injury is occasioned,
directly or indirectly, by the actions or omission of the
Bidder, his agents, servants, or employees. This indemnity
agreement extends to and includes any claim arising out of
injury to Bidder’s own employees that Auctioneer was
negligent in the performance of or failure to perform any
inspection, maintenance, modification, or repair of the
auction site, or that Auctioneer failed to warn of any
dangerous condition at the auction site.
21. Bidder and/or Principal understand that as an
Auctioneer of used equipment, Auctioneer does not assume any
responsibility for the design, manufacture, and adequacy of
warnings, current condition, or fitness of the equipment
auctioned. The Bidder or Principal therefore is solely
responsible to inspect all equipment to insure it is in a
condition where it can be safely used, to provide proper
safety devices and equipment or means to meet all
Governmental Safety Standards, and to notify all persons
operating the equipment as to all attendant dangers. The
Bidder or Principal hereby assumes these responsibilities
and agrees to indemnify and hold the Auctioneer and Seller
harmless from any future claim, loss, damage, injury,
liability, cost, and expenses of whatsoever kind or nature(
including attorney’s fees and costs) made by any person or
persons whomsoever, including Bidder’s or Principal’s own
employees, pertaining to: (1) Fitness or use of that
asset as purchased; (2) Provision of proper safety devices
or equipment; (3) Notification and warning of Bidder or
Principal and his representatives, agents, employees, and
other users or subsequent buyers, as to the dangers and
risks attending operation of the equipment; and (4) The
condition of the equipment. This indemnity agreement
extends to and includes any claim that the equipment in
question was or is defective or unreasonably dangerous or
that seller or its agents were negligent in the sale of
furnishing of the equipment. This indemnity agreement
extends to and includes any claim that the equipment in
question was or is defective or unreasonably dangerous or
that seller or its agents were negligent in the sale or
furnishing of the equipment, failure to inspect, performing
or failing to perform any repair or modification, failure to
warn, or any other claim of negligence.
22. The Bidder’s terms of sale and rules of the auction
shall be governed by and interpreted pursuant to and under
the laws of the State of Texas. Auctioneer and Bidders
and/or Principals agree and consent that this agreement
shall be performable in Hill County, Texas and that
jurisdiction and venue of any lawsuit arising in any way
form the auction or events occurring at the auction site
shall be conferred upon the Courts of Hill County, Texas.
23. If you have an unresolved complaint, it should be
directed to: Texas Department of Licensing and Regulation;
P.O. Box 12157, Austin, Texas 78711 (512)463-2906.
24. Sales Tax—I understand that I will be liable for
payment of sales or use taxes which may become due for
failure to comply with the provisions of the Tax Code:
Limited Sales, Excise, and Use Tax Act; Municipal Sales and
Use Tax Act; Sales and Use Taxes for Special Purpose Taxing
authorities; County Sales and Use Tax Act; County Health
Services Sales and Use Tax; The Texas Health and Safety
Code; Special Provisions Relating to Hospital Districts,
Emergency Services Districts, and Emergency Services
Districts in counties with a population of 125,000 or less.I
understand that is a criminal offense to give an exemption
to the seller for taxable items that I know, at the time of
purchase, will be used in a manner other than that expressed
in this certificate and, depending on the amount of tax
evaded, the offense may range form a Class C misdemeanor to
a felony of the second degree.
25. As a dealer, Kaddatz Auctioneering & Farm Equipment
Sales is required by law to transfer all titles and
registration. For vehicles, trailers and/or other items
which require title transfers and/or registration, the buyer
will be responsible for all fees including a $35.00 Minimum
administrative fee and a mailing fee (varies). The mailing
fee will be waived if the buyer chooses to pick up the
paperwork. Buyers will be notified of title/registration
fees shortly after the auction. Titles will be transferred
within 15 business days of sale; however, the Auctioneer
reserves the right to withhold titles in the event of title
issues, faulty payment, legal matters, or uncontrollable
circumstances.
26. All equipment must be removed from auction site in
_90__ days or equipment will be resold. Kaddatz
Auctioneering will not price protect a consignors
merchandise.
Any item not paid for or any balances due will accrue
interest at 18% per annum (1 ½% month).
27. There is a 2% buyers premium with $500 cap on all
purchases plus a 3% buyers premium on all credit
card purchases.

Alvin Kaddatz
Kaddatz Auctioneering & Farm Equipment Sales
Auctioneer TX6676
535 HCR 4223
Hillsboro, Texas 76645