EQUIPNET AUCTIONS TERMS
TOTAL PURCHASE PRICE Payment
is due upon successful bid(s).
EquipNet, Inc. (?EquipNet?,
or? EquipNet, Inc?.) will
require a deposit prior to
bidding of not less than
$400.00 or twenty five percent
(25%) of the Buyer's aggregate
PURCHASE PRICE estimate with
the balance due upon
successful bid. This can be in
the form of Visa or
MasterCard. EquipNet, Inc. may
contact bidders requesting
credit card hold or wire
transfer confirmation as a
deposit. If no deposit is
received upon request
EquipNet, Inc. reserves the
right to refuse or cancel
Buyer's bids and re-sell
Goods.
1. EquipNet charges a
buyer's premium at the time of
sale, which is an additional
charge above and beyond the
equipment bid. An 18% Buyers
Premium will apply at this
sale. A 2% discount will be
applied if payment is received
by Wire Transfer/ACH
(confirmed) within 3 business
days of the close of the
auction. Credit Card payments
will be accepted for balances
below $10,000.00. Wire
Transfers will be required for
balances exceeding $10,000.00.
2. All items unless
otherwise stated are sold "AS
IS, WHERE IS, WITH ALL
FAULTS." There are no
warranties made by EquipNet,
Inc. or the Sellers(s) as to
the merchantability or fitness
for any specific or particular
use.
3. Final Auction Bid
Acceptance and Payment: All
auction equipment is subject
to internal redeployment,
cancellation of listing, or
other sale prior to formal
acceptance of an auction bid
by the seller. The formal
acceptance of an auction bid
is not final until an invoice
has been sent, timely payment
has been received in full, a
visual inspection of equipment
satisfactory to EquipNet, Inc.
has been made prior to
shipment release, and timely
shipment arrangements
acceptable to EquipNet, Inc.
have been finalized. Only
after the above conditions
have been met will a sale be
final. Members should not rely
on other verbal or written
forms of communication
regarding bids. Payment in
full is due within 1 business
day from the time an auction
invoice has been sent. If
payment is not received in
full within 1 business day
from the time an auction
invoice has been sent any and
all bids made by the member
may, at the sole discretion of
EquipNet, Inc. may be deemed
null and void and the
transaction cancelled. If a
member fails to pay for their
purchase, cancels their
purchase without just cause,
or fails to remove their
equipment as required EquipNet
reserves the right to cancel
the purchase and charge an
administrative fee equal to
18% of the accepted offer in
addition to the 18% Buyers
Premium. Also, if payment is
not received within 1 business
day from the time an auction
invoice is sent EquipNet, Inc.
reserves the right to suspend
or terminate a member?s
account without further
notice. If a member fails to
pay because funds were
returned or rejected,
EquipNet, Inc. may charge a
returned check fee of $100.00
as well as other fees and
premiums mentioned above.
4. While the descriptions
and information contained in
the advertised material for
this sale are, to the best of
EquipNet, Inc. knowledge,
believed to be correct.
EquipNet, Inc. and Seller(s)
will not be responsible for
any deletions, discrepancies
or inaccuracies. Any
announcements made at the
auction or sale via electronic
email or otherwise will take
precedence over any previous
announcements, advertisements
or distributed material.
5. Taxes will be added to
the purchase price of all
taxable items. Tax exempt
buyers will need to present a
valid tax exemption
certificate or supporting
document, otherwise their
purchases will be subject to
any applicable taxes as
governed by local, county,
state or federal law. Taxes
can only be removed/refunded
if the supporting
documentation is provided
timely. Tax exemption
certificates or the supporting
documents must be sent to
EquipNet within seven (7) days
of invoice date.
6. The removal period for
purchased items will be posted
on the website or announced
via email or at the auction or
sale. Cost and responsibility
of removal within the removal
period remains with the buyer.
All items must be removed
within the specified removal
period or shall be deemed
abandoned and resold by
EquipNet, Inc. Positively no
refunds or credits for
shortages or claims relating
to items won at auction will
be considered after goods
leave the seller's or seller's
agent's premises.
IN SOME INSTANCES THE SELLER
IN IT?S SOLE DESCRETION MAY
ALLOW SELECT RIGGER / VENDORS
ONTO THE SITE TO CONDUCT
REMOVAL/RIGGING SERVICES AND
AS SUCH BUYER UNDERSTANDS AND
AGREES THAT AS A PART OF THE
TERMS OF THIS AUCTION THAT ANY
COMPANY RETAINED BY THE BUYER
FOR EQUIPMENT PICK-UP /
REMOVAL WILL NEED TO BE
APPROVED BY THE SELLER AND
WILL BE REQURED TO PROVIDE THE
APPROPRIATE DOCUMENTATION &
INSURANCE COVERAGE POLICIES
AND FURTHER AGREES TO THE
FOLLOWING INDEMNIFICATION:

EQUIPMENT PICK-UP & REMOVAL
INDEMNIFICATION: To the
MAXIMUM extent permitted by
law, BUYER and/or BUYERS
AGENT AS UNDERSIGNED
indemnifies, defends and holds
EQUIPNET INC. and the SELLER
and all its affiliates
harmless against any and all
claims for liability and
damage, including, but not
limited to, reasonable
attorney's fees arising out of
any claim for personal injury,
sickness, and, or, death to
any persons and for any
property damage caused by the
transportation, and, or, the
transfer of purchased
equipment from or within the
facility or to the dock
including but not limited to
the transfer of purchased
material to the BUYERS vehicle
including any or all vehicles
of any company including but
not limited to any rigging or
transportation companies
acting to transport BUYERS
purchases whether or not such
claims are based in part on
the active or passive
negligence or participation in
the wrong or an alleged breach
of a statutory duty or
obligation on the part of
EQUIPNET INC. and the SELLER.
This indemnification is
inclusive of residual or
hazardous chemicals or other
hazardous material on or in
the purchased items, whether
or not due to the negligence
of EQUIPNET INC. and the
SELLER or any affiliate,
during the commencement of the
dismantling or load out or
other work by BUYER and /or
any company including but not
limited to any rigging or
transportation companies
employed by the BUYER to act
as agent to transport for the
BUYER. The word "persons" as
used herein, shall be
construed to imply both the
plural and the singular, as
the case may demand, and shall
include corporations,
companies, associations,
societies and municipal
corporations as well as
individuals. BUYER AND BUYER?S
AGENTS are solely responsible
for safely rigging and
securing all loads to their
vehicles and, or, vehicles
they designate to remove the
equipment and or machinery
from the premises. Any vehicle
that is deemed to be unsafe in
the sole discretion of
EQUIPNET INC. and the SELLER
will be denied access to the
facility / Dock.
Bidder understands and agrees
that load out services are not
applicable to all auctions;
further, if load outs are
applicable as relating to any
specific auction, load outs
will ONLY include loading onto
a single standard vehicle or
flatbed and will NOT include
loading to a container or
multiple load outs to several
vehicles unless arrangements
have been agreed to prior to
the event with EquipNet or the
Seller.

As a part of the terms and conditions of the auction, and in consideration of receiving permission to enter on the premises Bidder hereby releases, waives all claims, assumes all risk, indemnifies and forever discharges Seller and Equipnet and its subsidiaries, officers, employees, agents, directors, servants, affiliated organizations and licensees from every and all claims that may result from my being within the perimeter of this facility.Bidder assumes the inherent and extraordinary risk involved in the activities associated with attending the auction inspection and auction event, and expressly assumes the risk of and accept full responsibility for any and all injuries (including death, and paralysis) and accidents that may occur as a result being on the premises.

7. In making a bid the
buyer agrees to comply with
the terms and conditions as
herein stated or additional
terms as made or distributed
via email or at the sale or
auction. Failure of the buyer
to comply with the terms and
conditions will be treated as
a breach and if applicable the
deposit as made will be
retained. Further, EquipNet,
Inc. may resell any purchased
item publicly or privately
with the liability for any
deficiencies and cost incurred
to affect the sale remaining
with the buyer.
8. EquipNet, Inc.
reserves the right to combine
single items into lots, add or
delete items prior to offering
the item individually. Bids,
which in the opinion of
EquipNet, Inc. are not
commensurate with the value of
the item offered, may be
rejected. Where the Seller
has a reserve on any item(s)
EquipNet, Inc. shall have the
right to bid the same on
behalf of the Seller(s). All
Online and Webcast auction
sales are with reserve unless
the goods are in explicit
terms put up without reserve.
In an auction with reserve
EquipNet, Inc. may withdraw
the goods at any time until
the announced completion of
the sale. EquipNet, Inc.
reserves the rights to include
assets from more than a single
seller to be sold throughout
the sale.
9. EquipNet, Inc. or
Seller(s) shall not be held
liable for any claims with
respect to environmental
problems arising out of
hazardous materials which may
be contained in items sold.
Certain pieces of equipment
may contain residual chemicals
or elements. It is the Buyers
responsibility to safely
secure the purchased item in
compliance with all applicable
governmental safety standards
in using, selling and
transporting purchased items.
10. It is the
responsibility of the buyer to
obtain proper licenses where
required for the export of any
items that are considered
controlled commodities;
restricted from export outside
of the United States without
proper export licenses.
11. Select items are
subject to prior sale,
redeployment or transfer. All
bidders are advised to inspect
each item individually or as a
lot during the preview period
prior to bidding. Buyers
understand that inspection may
be limited to website
postings, images and
descriptions.
12. All parties interested
in bidding will be required to
register prior to the sale or
auction. A valid drivers
license or other acceptable
form of photo ID may be
required at the time of
registration.
13. Additional terms and
conditions as posted on
Internet Bidding site may
supersede those listed above
and such announcements may be
made at the time of the sale
or auction.
EquipNet Inc, (?EquipNet?)
provides a service (the
"Services") that matches
buyers with sellers of used
equipment (the "Equipment").
As a result of its limited
role, EquipNet has no control
over the quality,
compatibility, safety or
legality of the Equipment
offered for sale. These
specific Auction Terms will
become a part of and
incorporated into the
EquipNet, Inc. General Terms
of Service, the current
version of which can be found
at www.equipnet.com (the
?General Terms?).
Accordingly, the term
?Agreement? as used in the
General Terms shall mean the
General Terms plus these
specific Auction Terms. All
capitalized terms used and not
defined in this Addendum will
have the meanings given to
them in the General Terms.