Bulk offering of subject assets.

Equipment Marketers & Appraisers will be referred to as the “AUCTION COMPANY”.  Participants of the auction will be referred to as the “USER or USERS”.  The following terms and conditions will apply to USERS of the timed auction service. 

1.               USERS of the timed auction service acknowledge and agree they are using an electronic means of viewing and bidding using the Internet.  The use of electronic means and use of Internet are subject to temporary failures, which could prevent USER from procuring any and all bids.  In the event of the above-mentioned failures, USER agrees to hold harmless AUCTION COMPANY from any and all claims, actions, and suits in conjunction with USER’S inability to procure any and all bids.

3.               AUCTION COMPANY will provide the bidders who are successful buyers (herein after referred to as the “Buyer” or “Buyers”) an invoice for payment.  Payment shall be in accordance with the terms and conditions as set forth or announced at the auction sale site.

4.               USERS of the timed auction service acknowledge and agree an electronic delay may exist from the auction sale site to the audio and video received by the USER.  In the event USER does not procure a bid in time for the auctioneer to receive the procured bid, USER agrees to hold AUCTION COMPANY harmless from all claims, actions and suits. 

5.               The Auctioneer will announce whether the auction is with or without reserve.  The AUCTION COMPANY reserves the right to alter or amend the terms and conditions of any scheduled auction at its sole discretion.  Announcements made during the sale supersede any previous announcements whether oral or written.  Any persons selling or consigning items to the auction sale shall not, either in person, or by or through an agent, bid on such consigned items.

6.               All persons desiring to bid shall register with the AUCTION COMPANY.  Registering will consist of providing all information requested by AUCTION COMPANY.  All persons registering guarantee the provided information to be accurate. All registered bidders will warrant those authorized to bid on their behalf have their specific authority as a bidder.  Auctioneers or AUCTION COMPANY reserve the right to refuse any applicant a bidding card and may revoke such privilege at any time, at its sole discretion.

7.               All purchases must be settled in full the day of the sale and shall be removed from the premises within the time specified by the auctioneer.  Payment shall be in the form of cash, cashier checks, checks or wire transfers.  Checks must be accompanied by a bank letter of credit guaranteeing the check.  Auctioneers or AUCTION COMPANY will have the sole right to determine if a person does not need to provide a letter of credit or if payment may be delayed.  By bidding on items in the auction Buyer represents to AUCTION COMPANY that the auction Buyer is financially solvent and all checks issued by Buyer will be honored.  A dishonored check shall be conclusive evidence that the auction Buyer is insolvent and entitles auctioneer to such remedies available under applicable laws.

8.               All goods will be put in lots and will be sold to the highest bidder for cash.  The record kept by the clerk of sale together with the marked catalog of the AUCTION COMPANY shall in all cases be accepted by the Buyers as final should any questions arise as to the price for which lots have been sold.

AUCTION COMPANY reserves the sole right to change the order of the sale, the size of the lots, the addition or subtraction of a lot number.  AUCTION COMPANY will have the sole right to determine the bidding increment.  In the event of a Buyer’s dispute or tie bid, the AUCTION COMPANY has the sole right to either open up the bidding for continued advancement or strike the goods sold.  AUCTION COMPANY, in its sole discretion, reserves the right to refuse any bid which it considers to be insignificant advance over the preceding bid.

Any errors in accounting toward Buyer’s bill will be corrected according to the actual facts.  Buyer agrees to pay the amount owed.  Buyer shall not be entitled to possession of any of his purchases until total purchase price of all his items have been paid in full.  In the event Buyer fails to pay the full purchase price of any lot within the prescribed time or fails to comply with any terms of sale AUCTION COMPANY shall have retained a possessory lien on all lots of purchaser and at its sole discretion has the right to resell such lots by public or private sale without notice of any kind to purchaser.

9.               Any printed literature given to purchasers, such as a Buyers catalog, shall only act as a guide.

10.             Buyer acknowledges and agrees that all goods have been available prior to sale time and that he is purchasing all goods with all defects.  DO NOT BID UNLESS YOU HAVE DETERMINED TO THE CONDITION OF THE LOT FROM YOUR OWN EXAMINATION.  Buyer acknowledges sole responsibility and assumes the risk that a lot after it has been inspected might change.  AUCTION COMPANY will sell lot(s) as it exists at time sold, as is, where is, with no warranties whether implied or expressed.  Any and all warranties or guarantees will be between the Buyer and seller only.

11.             The auction sale site shall include any location upon which a lot is located for display and or removal as well as where the actual bid calling in conducted.  Auction sales sites are considered potentially dangerous places and immediately upon registration, if not before, Buyer shall so notify agents, servants, and employees and others accompanying him.

12.             All claims or disputes must be settled on the day of the sale at the sale site.  No claims will be allowed after the removal of goods. 

13.             Appropriate taxes will apply.  Tax exemptions accepted if Buyer produces proper documentation of their exemptions.

14.             Buyer will be responsible for complete removal of all goods purchased.  Cost of removal will be the responsibility of the Buyer.

15.             AUCTION COMPANY reserves the right to require proof of adequate insurance coverage from any Buyer of lots requiring dismantling, rigging, or hot cutting.

16.             If Buyers or their agents cause damages to the real property of the auction sale site, Buyers will be liable for all damages.

17.             In the event that the Buyer fails to remove any such lot or part thereof within said period, the AUCTION COMPANY or its designees shall have the right but shall be under no obligation to do so either in the name if the AUCTION COMPANY or other seller or the Buyer to remove, store, abandon, discard, sell or otherwise dispose of each of any part of lot bid in or purchased at the expense and risk of the Buyer without waiving any other rights that the AUCTION COMPANY or other seller may have against the Buyer.

18.             The Buyer shall be and shall continue to be liable for all lose, expense, and damage directly sustained by the AUCTION COMPANY or seller by reason of the failure of the Buyer to comply with the foregoing conditions.

19.) A Buyer's Premuim of 15% will be collected on bid amount.  An additional charge of 3% will be collected for use of credit cards.