First Fitness Gym Online Timed ABSOLUTE Auction

by Kiefer Auctioneers

Ends from Jan 16, 2025 10am CT (4pm GMT) Timed Online Auction

Important Information

Join us for our upcoming First Fitness Online Timed ABSOLUTE Auction with Mike Jones Auction Group. This is an Absolute Auction with no auction reserve prices! The auction will be conducted as an Online Timed Auction in Fort Worth, Texas. Start Date: January 1, 2025 at 10:00 am CST Close Date: January 16, 2025 at 10:00 am CST Location: 3579 McCart Ave., Fort Worth, Texas 76109 Auction Preview Date: By appointment only: Please contact Cory at: (903) 821-8717 - Only during business hours: 9:00 am - 4:00 pm CST Pick-Up Dates: Dates for Pick-up: Tuesday, January 21st, 2025 - Friday, January 24th, 2025: 9:00 am - 4:00 pm CST - All lot items MUST be removed no later than Friday, January 24th, 2025 by 4:00 pm CST. Removal: Buyer is be responsible for the removal of lot items. Auction company will not load, disassemble, or ship any lot item. It is the sole responsibility of the buyer. Buyer assumes all responsibility of the auction item purchased and releases, indemnifies, and holds harmless the Auctioneers and Auction Companies of any type of injury, loss, damage, and liability. All lots MUST be removed from the auction site within the stated auction load-out date(s) above to avoid forfeiture of your purchase. If you do not pick-up your items before the deadline, you agree to forfeiture of your auction item, and waive all rights to your purchase without a refund. Payment: Auction Company will email your invoice immediately after the auction is over to remit payment. Your card on file will be ran, unless other arrangements have been made with the Auction Company IMMEDIATELY after the conclusion of the auction. Make sure your TAX EXEMPT information is CURRENT on your ProxiBid or Bid Spotter account PRIOR to placing a bid. No exceptions or refunds will be made. Buyer (Purchaser) must contact Auction Company at (940) 391-9111 by 3:00 pm CST or at the conclusion of the auction. Please leave a detailed message with your name and bidder / paddle number and how you will paying for your invoice, or to run your card on file. Payment Types Accepted: Credit or Debit Card or Wire Transfers Only. Wire Transfer’s must be received by auction company no later than the following business morning after the auction - All payment information and wire transfer instructions will be emailed to all winning Buyer (Purchaser) after the auction from Kiefer Auctioneers (not ProxiBid/BidSpotter) so please check your junk and spam folders! You authorize the Auction Company to run your registered card on file if you don't contact the auction company and agree to the payment terms listed in our Terms and Conditions by becoming a registered bidder in our auction. All bidders acknowledge and agree they have read and agree to abide by the Auction Terms and Conditions listed under “Terms and Conditions” by becoming a registered bidder in this auction. All item(s) are being sold AS IS, WHERE IS without any warranty or guarantee, written or implied, with respect to any matter whatsoever.. By visiting the auction and auction site, whether previewing of auction items or operating any auction items or by simply visiting the auction or auction site as a guest or bidders representative, and/or by registering to bid in our auction, you agree that you have read, understand, and fully agree to abide by all the terms listed in our Terms and Conditions, as expressly implied. All Terms and Conditions can be found on the Terms and Conditions button on this auction listing page or they can be emailed to you by written request to: info@kieferauctions.com - TX LC#16155, TXLC#6756

Terms and Conditions

Kiefer Auctioneers Terms & Conditions Customer, Bidder, Purchaser, and Auctioneer hereby covenant and agree as follows by becoming a registered bidder and seller in Kiefer Auctioneers Public Auction: These are Kiefer Auctioneers, LLC, Auction Terms and Conditions (this “Agreement”), for the auction listed on the auctions website or the auctions online bidding platform listing pages. They consist of the complete outline below between the (“the Bidder”) and Kiefer Auctioneers known as (“Auctioneer”) or otherwise known as, ("Auction Company"). These Bidder and Purchaser ("Terms and Conditions") known as (this“Agreement”) shall mean and apply to all bids placed at the auction by registered bidders and purchasers, conducted by Kiefer Auctioneers, LLC, hereinafter called (“Auctioneer”) or otherwise, ("Auction Company"). By registering to participate in an ("Auction"), whether a live on-site auction, or via a live simulcast online auction, a timed online auction (“Online Bidding”) or by electing to purchase items (“Auction Items”) by clicking the "Bid Now" and “Buy Now” icon on the applicable Auctioneer's online bidding platform (each, an "Auction"), each person or entity (“Bidder”) and (“Purchaser”) expressly agrees to abide by these Terms and Conditions and ("this Agreement"). Participation in the Auction by any person under the age of 18, not of sound mind or judgement, or not of legal authority and power, is strictly prohibited, and is in violation of these Terms and Conditions within ("this Agreement"). This Auction Contract, herein referred to as (“this Agreement”), states the terms of the parties’ agreement with respect to the auction and auction lot items, hereinafter referred to as (“Auction Items”), ("Lot Items"), or ("Property"), being sold by Kiefer Auctioneers, LLC, (“Auctioneer”) or otherwise known as, ("Auction Company") on behalf of customer, known herein as the ("Seller"). The Auctioneer acts solely as an agent in any transaction between the ("Seller") the ("Bidder"), and the ("Purchaser"). For the purpose of the Auction Terms and Conditions, this Agreement, the term (“Auction”) shall mean and refer to the auction event conducted by the Auctioneer stated at the location, date, and time listed on the auction listing website: kieferauctions.com or on the auctions online bidding platform on ProxiBid.com for each respected auction. For the purpose of this Agreement, the term (“Bidder”) shall mean and refer to each registered person or entity that enters or places a bid at auction. A bidder who is the highest accepted and declared winning bidder at a Live Auction, Live Simulcast Online Auction, or an Online Timed Auction, is referred to herein as the (“Purchaser”). For the purpose of this Agreement, the term ("Event Land Owner(s)") shall refer to the legal owner(s) of the real property (real estate) at auction location, and/or known as the ("Sellers"). By registering to bid in Kiefer Auctioneers auction, the bidder and purchaser hereby agrees and understands that they have read, understand, and agree to abide by Kiefer Auctioneers Terms and Conditions known as ("this Agreement"), explicitly stated herein, prior to and by becoming a registered bidder and purchaser. It is the bidders and purchasers sole responsibility to obtain and understand these Terms and Conditions prior to bidding on and inspecting any real property or auction items, or participating in the auction. The bidder agrees and accepts to be legally bound to these Terms and Conditions by becoming a registered bidder and purchaser in the auction. It is the bidder and purchaser’s sole responsibility to read, understand, and/or request the Terms and Conditions for the auction from Auctioneer at any time prior to inspecting or bidding on any auction items. All Terms and Conditions will be available at the auction location on the day of auction, as well as listed online at: kieferauctions.com under the respected auction listing page and posted online at: ProxiBid.com under Kiefer Auctioneers Terms and Conditions under the respected auction listing page. All announcements and/or any additional Terms or Conditions made by the Auctioneer on the day of the Auction at any time, shall supersede any printed or oral materials, which shall also become legally bound to this Agreement. All registered Bidder's and Purchasers, WARRANTS, UNDERSTANDS, ACKNOWLEDGES, REPRESENTS, AND AGREES WITH AUCTIONEER, SELLER, AND EVENT LOCATION LAND OWNER(S), OF THE FOLLOWING: Kiefer Auctioneers, it’s managing agent, owner(s), event location land (property) owner(s), seller, and any of their employees, officers, agents, heirs, successors, executors, administrators, assigns, subsidiaries, legal representatives, affiliates and personal representatives to forever release, discharge, waive, indemnify and hold harmless from and against all liabilities, actions, causes of actions, suits, damages, injuries, losses, judgements, claims and demands whatsoever, in law or in equity, including legal fees and disbursements, and from any and all liability for losses, damages, and/or injuries in respect to any of the auction items, personal property, and/or individuals occasioned by, or in connection with any activity or action of the public auction event. For any technical online bidding issues, please contact ProxiBid at: (877) 505-7770 (United States) +1 (402) 505-7770 (International). Public Auction. By registering to bid in the auction, you acknowledge and agree to these Terms and Conditions. Auctioneer, Seller, nor Event Location Land Owner(s) are responsible or liable for any type of theft, damage, accident, fire, property damage or loss, and injuries. Live Auctions: Live Auctions will be conducted as a Live, Audible Auction, conducted by a Licensed Auctioneer on the date and time specified on the auction website listing page. The auction will be conducted on-site at the property address listed on the auction website page listing or marketing material, with registration beginning at 8:00 am CST on the day of the auction, unless stated otherwise on the auction listing page. Auction Preview Day, will be the day prior to auction date, will be from 10:00 am - 3:00 pm CST or by appointment with Auctioneer, unless stated otherwise on the auction listing page. Bidding on-site will begin at the date and time listed on the auction listing page for each respected auction. All auction items will sell "AS IS" "WHERE IS", and it is the sole responsibility of any potential bidders and/or purchasers to inspect and conduct your research of any and all lot items of interest prior to the auction. Any person bidding on behalf of another person or entity must have a valid, legally enforceable, unexpired, original and recordable Power of Attorney provided to the Auctioneer prior to the auction. Otherwise, any such person will be deemed legally responsible for payment of any auction item(s) they bid on and purchase. If a bidder is bidding on behalf of a corporation, the bidder will be individually bound to all auction item purchases until the purchaser presents a corporate resolution prior to closing on real property or closing out an auction invoice for lot items. Bidders must provide a valid drivers license or identification card, current phone number, and current mailing address to register to bid. Live Online Simulcast Auctions: If you are unable to attend the Live Auction, you can participate in Real-Time Online Bidding and Pre-Bidding that will be available through ProxiBid, an online bidding platform, prior to and the date of auction. Pre-Registration with ProxiBid is required at: https://www.proxibid.com/Kiefer-Auctioneers/auction-house/11490 prior to Auction. Bidding will start immediately at the date and time listed on the website listing page for each respected auction via ProxiBid. Bidding will begin at the date and time listed on the website listing page for each respected auction. All auction items will sell "AS IS" "WHERE IS", and is the sole responsibility of any potential Bidders and/or Purchasers to inspect and conduct your research of any and all lot items of interest prior to the auction. Auction Preview Day, the day prior to auction date, will be from 10:00 am - 3:00 pm CST or by appointment with Auctioneer, unless stated otherwise on the auction listing page. Any person bidding on behalf of another person or entity must have a valid, legally enforceable, unexpired, original and recordable Power of Attorney provided to the Auctioneer prior to the auction. Otherwise, any such person will be deemed legally responsible for payment on any auction item(s) they bid on and purchase. If a Bidder is bidding on behalf of a corporation, the bidder will be individually bound to any purchases until the purchaser presents a corporate resolution prior to closing on real property or closing out an auction invoice for lot items. Lots will begin with Lot#1 and end with the last Lot# or as listed in the online catalog on each respected auctions listing page. Bidding will be available through an online bidding platform via ProxiBid, while utilizing a ProxiBid agent with a live auction staff ring man present at the on-site auction. Bidders must provide a valid drivers license, credit card, current phone number, and current address to register to bid online. For technical online bidding issues, please contact ProxiBid at: (877) 505-7770 (United States) +1 (402) 505-7770 (International) Online Timed Auctions: Bidding will begin at the time and date stated on the auction website listing page and will begin closing as an online timed format, at the date and time listed on the Auction website listing page, with Lot#1 and end with the last Lot # at the conclusion of the auction. The online timed auction will close one lot every minute. For an Online Timed Auction, ProxiBid is the final judge for determination of winning bids and upon such determination, the bid will automatically be accepted by the Auctioneer and create a Binding Obligation between the purchaser and Auctioneer. All auction items will sell "AS IS" "WHERE IS", and is the sole responsibility of any potential Bidders and/or Purchasers to inspect and conduct your research of any and all lot items of interest prior to the auction. Auction Preview Day, will be by appointment only with Auctioneer, unless stated otherwise on the auction listing page. Any person bidding on behalf of another person or entity must have a valid, legally enforceable, unexpired, original and recordable Power of Attorney provided to the Auctioneer prior to the auction. Otherwise, any such person will be deemed legally responsible for payment of all auction items they bid on and purchase. If a bidder is bidding on behalf of a corporation, the bidder will be individually bound to any purchases until the purchaser presents a corporate resolution prior to closing on real property or closing out an auction invoice for lot items. Purchaser will be notified by an email of the auction items won in the online auction and remit payment. Bidders must provide a valid drivers license, credit card, current phone number, and current address to register to bid online. For technical online bidding issues, please contact ProxiBid at: (877) 505-7770 (United States) +1 (402) 505-7770 (International). Auction Procedures: All auction item(s) are being sold AS IS, WHERE IS without any warranty or guarantee, written or implied, with respect to any matter whatsoever. The Auctioneer reserves the right to offer the auction items in any manner they choose. All decisions of Auctioneer are final as to the methods for conducting the auction and bidding disputes amongst bidders, the increments of the bidding, and all other matters and issues that may arise before, during, and after the completion of the auction. There will be open pre-bidding on auction items until the close of the auction on the auction date. The auction items will be sold in such a manner that results in the highest total sales price to the Seller. Any bid submitted throughout the auction remains live until the auction is officially closed, or declared "Sold" by the Auctioneer. The bidder with the highest placed bid becomes known as the "Purchaser" and whom placed the highest bid of the auction item(s) for which a bid is placed. The purchaser is legally bound and required to pay for such auction item(s) per these Terms and Conditions. Various occurrences may cause any given bid to become the high bid on the auction item(s) made subject of that bid. Auctioneer reserves the right to remove any item(s) from auction or skip item(s) once auction has began. In the event an auction item is removed from auction or skipped, any pre-bids and/or absentee bids will be null and void. In the event there is a tie bid between an online bidder and on-site bidder, the tie bid will go to the on-site bidder. Payment: Winning bidders, known as purchasers, will receive an invoice from Kiefer Auctioneers via email (info@kieferauctions.com) after the auction concludes. Purchasers will need to check their junk and spam folders. Payments are processed immediately after the auction. Call or text Auction Company at (940) 391-9111 with your name, paddle/bidder number, and payment method details or run your card on file. *All credit cards on file will be charged at the end of the auction, unless you contact Kiefer Auctioneers immediately after the auction to arrange an alternative payment method. Invoices must be paid by the end of the auction to avoid penalties. Anyone whom doesn't make contact with Auctioneer or Auction Company by 5:00 pm CST on the day of auction, agrees to allow the Auction Company to process payment with the credit card on file. All invoices must be paid in full within 24 hours of the start of the auction. Payment can be made with cash, credit or debit card with a 3.79% convenience fee, wire transfer, or via Check with a Bank Letter of Guarantee. Any check written over $250 without a Bank Letter of Guarantee, must clear the bank before the purchaser will be able to remove their items. For wire transfers, ensure they are sent by the next business morning after the auction to avoid any additional penalties. Wire instructions will be emailed to you with your auction invoice from Kiefer Auctioneers. Purchasers will need to check their junk and spam email folders. We HIGHLY ENCOURAGE purchasers to bring CASH.*Bidders and Purchasers: Ensure your Tax Exempt information on your ProxiBid account and with Kiefer Auctioneers is current. If it is not up to date, taxes will be charged. Purchasers will be responsible for a $25 Title Handling fee on any lot with a Title. For smaller items requiring shipping, notify the auction company immediately after the auction. There is a $25 handling fee for smaller items and $50 handling fee for larger items needing a larger box. Buyers are responsible for all freight/shipping costs, as well as any packaging or crating needed. International Buyers MUST contact Auctioneer PRIOR to auction to leave a valid deposit set forth upon the discretion by the Auctioneer. International Buyers must wire transfer full payment in US dollars directly from your banking institution to Kiefer Auctioneers banking account via the provided wiring instructions on your emailed invoice (so, make sure you have a correct and valid email address upon registration), no later than the following business morning of the auction date, to avoid additional daily penalties and interest. No exceptions will be made. International Buyers will NOT be refunded sales tax. No International checks will be accepted. All bidders and purchasers should be available by phone (or another phone number provided at registration) immediately following the auction to notify the auction company how payment will be made by close of business or 5:00 pm CST on auction day. There will be no refunds once a payment is made and/or the card on file has been run because the purchaser failed to contact the auction company. See additional terms and conditions below. Once payments are received, a paid invoice will be given to the winning purchaser to present to auction staff when removing any item. A paid invoice will be required to remove purchases. No items may be removed until payment is made in full. Any and all registered bidders and purchasers are legally responsible for placing any such bids and legally bound for payment of such auction item(s). NO EXCEPTIONS WILL BE MADE even if it is an honest mistake and/or you didn’t push the bid, bid now, buy now, or even if your baby, dog, cat, etc. places a bid for you. We have heard every excuse there is. Please KNOW this is a legitimate auction business and by registering in this auction you are agreeing to adhere and abide to all of the Terms and Conditions and agree to make full payment on all items purchased to avoid any additional daily accrued interest fees and penalties. Purchaser further agrees not to dispute any purchases made on any credit or debit cards, as purchaser is legally bound by this agreement and responsible for remitting payment on all auction items sold to purchasers registered bidder number. No exceptions will be made. AUCTIONEER IS NOT RESPONSIBLE OR LIABLE FOR ANY THEFTS, ACCIDENTS, DAMAGES, ETC. FOR ANY ITEM(S) PURCHASED NOR THE ITEM(S) CONDITION ONCE THE ITEM(S) IS DECLARED SOLD. Purchaser is fully responsible for the item(s) purchased at the auction and releases any and all liability from the Event Land Owner(s), Seller, and Auctioneer. Should Purchaser fail to make payment as outlined herein for any auction item(s) or make payment arrangements with Auction Company by the stated day and time herein, Purchaser shall remain fully responsible for the purchase price and for any and all buyer’s fees applicable thereto. In addition to all other rights of Auctioneer contained herein, if a default occurs and Purchaser has not made full payment by the auctions completion, Auctioneer may, in its sole discretion, elect to: (a) charge a 2% late fee and, for so as long as the default continues to occur, all outstanding financial obligations shall bear interest at the interest rate of 18% ANNUM (the “Default Interest Rate”) . The Default Interest Rate shall apply from the date of the default through the time any judgment thereon is paid in full; or (b) declare any Auction Item(s) for which full payment has not been received a “No Sale” and charge a 25% auction restocking fee with respect to each such auction item(s) or equal to the greater of (i) an additional 25% of the applicable sale price for the auction item(s) or (ii) a minimum of $250. If for any reason a court or arbitrator(s) deems the Default Interest Rate excessive or impermissible, the arbitrator(s) or judge shall impose the maximum default interest rate permitted and all other terms contained herein shall remain valid and enforceable. Bidder acknowledges and agrees that Purchaser shall be responsible for any applicable towing, storage and restocking fees and all reasonable attorneys’ fees, court costs, default interest, penalties, and other costs incurred by Auctioneer associated with the enforcement of this agreement and provision. Additionally, Bidder agrees to pay for all purchases, and Bidder represents and agrees to have all the necessary funds to make payment for all purchased items to Auctioneer day of auction. All item(s) must be paid in full before bidder leaves the auction premises. No item(s) will be removed until payment is made in full or it will be considered theft of property and charges will be pressed. Payment not made as stated and outlined herein will be subject to late fees, penalties, and any and all interest plus, any and all expenses related to collection cost. Should purchaser fail to pay for any or all purchased item(s), for whatever reason, including insufficient funds, stopped payments, and/or credit card or debit card charge back and disputes, Auctioneer shall have the cumulative and legal rights set forth herein in these Purchaser Terms and Conditions to demand payment. Auctioneer will contact the District Attorney and/or Sheriff’s Office, for any checks that are returned for insufficient funds, stopped payment checks, charge backs, disputes, or closed accounts, and will proceed with all necessary legal action needed for collection and/or prosecution for recovery of funds. Bidder and purchaser agree not to reverse or dispute charges for any bids and purchases paid by credit or debit card. By agreeing to the these Terms and Conditions of auction, the Bidder and purchaser authorize Kiefer Auctioneers, LLC to capture and collect any and all balances, penalties, interests, and fees due on any outstanding invoices. There will be a Buyer’s Premium charged to all registered bidders and purchasers stated on the auction listing page that will be added to the auction items purchase price, not including any tax and other fees incurred. Sales Tax: *Bidders and Purchasers: Ensure your Tax Exempt information on your ProxiBid account and with Kiefer Auctioneers is current. If it is not up to date, taxes will be charged. Sales Tax will be charged unless the purchaser has provided a signed Sales Tax Resale Certificate or provided the Auction Company with an Agriculture Exemption Certificate. All buyers MUST email or provide their signed resale certificate or agriculture exemption certificate prior to auction date. International buyers will be required to pay sales tax. Furthermore, the Bidder and Purchaser understands they are liable for payment of sales or use taxes which may become due for failure to comply with the provisions of Federal, State, and Local tax codes for any item(s) sold as tax exempt or for resale. The Bidder and Purchaser additionally understand it is a criminal offense to give an exemption certificate number or resale certificate number to Auction Company for taxable items that the bidder and purchaser know is a taxable purchase at the time of purchase, and will be used in a manner other than that expressed in the certificate and/or depending on the amount of tax evaded, the offense may range from a Class C Misdemeanor to a Felony of the Second Degree. Removal: For Live and Simulcast Auctions: Immediately following the conclusion of the auction until 5:00pm on Auction Day with a paid in full receipt from Kiefer Auctioneers. Additionally, you may also pick-up your paid items on Sunday following the auction from 10:00am – 3:00pm and/or any other dates listed on the auction page. Any additional arrangements will need to be made with the Auctioneer at (903) 821-8717 immediately following the auction. Announcements on removal will be made immediately PRIOR to the start of the auction, should it be different than what is outlined herein or on any auction listing pages. Any additional arrangements MUST be made with the Auctioneer immediately following the auction in writing with purchaser and auctioneer authorizing such an agreement. AUCTIONEER DOES NOT OFFER SHIPPING BUT CAN PROVIDE SHIPPING RECOMMENDATIONS. SHIPPING IS NOT INCLUDED IN BUYERS PURCHASE PRICE. There will be a $25 handling fee for all lot items that need to be shipped. If lot items are extra large, a $50 handling fee will apply for each lot item - this means if an item has to be crated or packaged a certain way. Purchaser is required to pay any shipping and freight costs. It is the purchasers duty and obligation to comply and pay for any type of shipping needs and rates associated with the shipment of items. Removal: For Online Timed Auctions: The removal dates will be stated on the auction listing page and on your invoice. For all auctions you must bring your paid receipt from Kiefer Auctioneers for removal of all items purchased. Anything remaining after removal time will be considered abandoned. Auctioneer is not obligated to issue you a refund if you are unable to pick up and/or remove your items during the published removal times. Auctioneer is not responsible for providing loading equipment after stated removal dates. Auctioneer is not responsible nor liable for any type of any type of thefts, accidents, injuries, auction item defects, dents, fires, property damage and loss, and/or personal injuries while, during, and after the removal of any auction item(s). It is the purchasers duty and obligation to comply and pay for any type of shipping needs and rates associated with the shipment of items. Firearm sales: must comply with applicable Texas & Federal regulations, and a “DENIED” status issued by the NICS System will not cancel the successful purchasers obligations for purchase payment. Firearm purchases not picked up in person must be transferred to a FFL Licensee Dealer. BUYER AGREES TO HOLD HARMLESS KIEFER AUCTIONEERS, THE OWNERS OF THE PROPERTY BEING AUCTIONED OFF AND ANY EMPLOYEES FROM ANY LIABILITY RESULTING FROM THE PURCHASE OF INHERENTLY DANGEROUS PRODUCTS. The cost of shipping and transfer from the Licensed Dealer being used to the designated FFL Licensee Dealer is the purchasers responsibility for each firearm. ALL SALES ARE FINAL. All items are offered subject to federal, state and C.I.T.E.S. treaty requirements. All purchasers must pass a background check before picking up any firearms. No exceptions will be allowed and payment will still be due. Loading On-Site: Kiefer Auctioneers will be on-site to help load-out anything within reasonable weight from the auction during the stated removal load-out dates on auction website listing page. If additional loading requirements are needed, this is the purchasers sole responsibility and financial obligations. Kiefer Auctioneers will help to facilitate shipping. Auctioneer is not responsible nor liable for any type of any type of thefts, accidents, auction item defects, dents, fires, property damage and loss, and/or personal injuries while, during, and after loading out any auction item(s). Bidder releases and holds harmless Auctioneer, Seller, and Event Location Land Owner(s) from any and all liability connected with the removal, load-out, and transportation of auction item purchases and any and all future uses for the goods purchased herewith. Contract Movers: Should Purchaser hire or contract with a Contract Mover or any type of Machinery Mover or other such type of outside moving contractor, the Auctioneer is not responsible nor liable for any type of thefts, accidents, auction item defects, dents, fires, property damage and loss, and/or personal injuries while, during, and after loading out any auction item(s). Purchaser agrees to obtain PROPER INSURANCE from any contract movers for such work to be completed on the auction premises, protecting Kiefer Auctioneers, and the Event Land Owner(s), and Purchaser, against any and all such claims arising from thefts, accidents, auction item defects, dents, fires, property damage and loss, and/or personal injuries created by their actions and/or with the assistance of Auction Company's employees. Any person who brings their own motorized or powered equipment onto the sales premises to dismantle or remove equipment, is deemed self insured. Purchaser releases and holds harmless Auctioneer, Seller, and Event Location Land Owner(s) from any and all liability connected with the removal, load-out, and transportation of auction item(s) purchased and any and all future uses for the goods purchased herewith. Everything is sold “As-Is”: NO WARRANTY; AS-IS/WHERE-IS AUCTION SALES: ALL SUCCESSFULLY BID OR PURCHASED AUCTION ITEMS AT AN AUCTION ARE SOLD ON AN “AS-IS WHERE-IS” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE DESCRIPTION OF EACH AUCTION ITEM IS SOLELY FOR THE PURPOSE OF IDENTIFICATION AND DOES NOT CONSTITUTE A REPRESENTATION OR WARRANTY THAT THE AUCTION ITEM WILL CONFORM TO SUCH DESCRIPTION OR TO ANY CONDITION REFERRED TO THEREIN. NEITHER AUCTIONEER NOR THE AUCTION ITEM SELLER (“SELLER”) MAKES ANY WARRANTY THAT THE AUCTION ITEM WILL PROPERLY FUNCTION OR OPERATE WHEN REMOVED FROM THE AUCTION SITE NOR THAT IT WILL CONTINUE TO OPERATE OR FUNCTION FOR ANY PERIOD OF TIME AFTER SUCH REMOVAL. Bidders should rely solely on their own inspection of all auction items prior to the auction and should satisfy themselves as to the usefulness and value of each item. Any statement in the description regarding the items to be sold should be considered a limited guide only. Any error in description does not relieve the buyer or his/her agent of their responsibilities to inspect when they are bidding on auction items. There are NO REFUNDS OR RETURNS. Although every reasonable effort has been made to ensure the accuracy of the information contained on kieferauctions.com under the respected auction listing page and on ProxiBid.com respected auction for Kiefer Auctioneers, absolute accuracy cannot be guaranteed. On both of theses sites, and all information and materials appearing on it, are presented to the user "as is" without warranty of any kind, either express or implied. All auction items sold with a title and/or bill of sale, do not include any applicable sales tax, title, license, processing and/or documentation fees to register and title auction items. Bidder and Purchaser releases and holds harmless Auctioneer, Seller, and Event Location Land Owner(s) from any and all liability connected with the removal, load-out, and transportation of auction item purchases and any and all future uses for the goods purchased herewith. Bidding; Buy Now: (a) When bidding at a live Auction, after the winning bid has been established by Auctioneer, the bid will be automatically accepted by Auctioneer and create a binding obligation to purchase the Auction Item between Purchaser and Auctioneer (a “Binding Obligation”). (b) When Online Bidding, ProxiBid is the final judge for determination of winning bids and, upon such determination, the bid will be automatically accepted by Auctioneer and create a Binding Obligation between Purchaser and Auctioneer. Purchaser will be notified of the completion of the Binding Obligation, auction items won, by an email or other notification generated automatically by Auctioneer. (c) When purchasing an Auction Item via “Buy Now” on Auctioneer’s website, by clicking the “Buy Now” icon for the listed purchase price of such Auction Item, the purchase commitment of Purchaser will be automatically accepted by Auctioneer and become a Binding Obligation between Purchaser and Auctioneer. Purchaser will be notified of the completion of the Binding Obligation by an email or other notification generated automatically by Auctioneer. (d) Should a Bidder become the winning Purchaser at an Auction, such Purchaser will be contractually obligated to pay for and remove the Auction Item from the location where such Auction Item is located in accordance with the paragraph entitled Removal of Auction Items and Load-out dates. Bids cannot be removed for any reason after 8 pm CST on the date prior to the Auction. If you bid online, you are legally responsible for placing that bid. If you are the registered high bidder on any auction item sold, you are legally responsible for the full payment of the bid placed. No exceptions will be made. For technical online bidding issues, please contact ProxiBid at: (877) 505-7770 (United States) +1 (402) 505-7770 (International) Bidder’s Duty: To Inspect and Investigate: You acknowledge that the Auctioneer is providing you with the opportunity to inspect the items being offered for sale in the auction. Auction Preview Date is the day prior to the auction date from 10:00 am - 3:00 pm CST and my appointments with Auctioneer, or dates states on auction listing page. If you choose not to attend the scheduled preview date or are in doubt about the condition, completeness, or suitability of a given item, please bid accordingly. Auctioneer is not responsible nor liable for any type of any type of accuracy, operational conditions, thefts, accidents, auction item defects, dents, fires, property damage and loss, and/or personal injuries before auction while previewing auction items, during auction, and after auction for loading out any auction item(s). Bidder and/or bidders and purchasers agents, representatives, guests, employees, or bidders and purchasers contractors, agree to release and holds harmless Auctioneer, Seller, and Event Location Land Owner(s) from any and all liability connected with the preview of an auction item, accuracy and/or operational conditions of an auction item, removal of an auction item, load-out, and/or transportation of auction item and any and all future uses for the goods purchased herewith. After a Bidder has won the bid with his or her high bid when the Auctioneer says "Sold", the Purchaser then accepts all risk of loss, damage, theft, accidents, fires, property damage, and/or personal injuries, that immediately passes to Bidder/Purchaser, even though Bidder/Purchaser may not have paid for the item(s) yet. Bidder/Purchaser is legally responsible for any auction item(s) purchased. Auctioneer highly encourages Purchasers and Bidders to obtain any type of suitable insurance deemed appropriate to protect Purchasers assets and auction items purchased. Bidder/Purchaser should pay and guard their item(s) accordingly. Choose Wisely: We want everyone to get a good deal and most will. However, when you bid on the wrong item or decide an item is not suited for your intended use, our sellers will not assume the cost of your mistakes. Bidder/Purchaser agree that it is your failure to inspect or otherwise become fully informed about the auction items offered for sale in the auction and will not be grounds for refusal to pay any and all amounts due, nor for any claim against the Auctioneer or Seller. On the auction listing sites, all information and materials appearing on it, are presented to the user "as is" without warranty of any kind, either express or implied. Bidder/Purchaser should preview all auction items as outlined herein. Inspections: Neither Auctioneer nor Seller, and Land Event Owner(s) are responsible for any inspections, accidents, personal injuries, thefts, accuracy of the condition or operation of any auction items prior to or after the purchase of any auction item or real property. Descriptions provided by Auctioneer are solely for the purpose of reporting on the visible condition of the Auction Item(s) major systems and attachments observed on the day of inspection and do not include road testing or load testing of mechanical condition. Bidder and/or Purchaser acknowledges that conditions and damages can change and occur during the time between initial inspections, auction day, and time of removal. Bidder and/or Purchaser are solely responsible for any inspection required with respect to equipment or vehicle Auction Item(s) that have upper units or chassis (e.g., cranes, man lifts, buckets, diggers, construction equipment, trailers or vehicles of any type). Bidder and/or Purchaser are solely responsible for ensuring that each Auction Item is given thorough inspections according to the manufacturer’s recommendations by only those persons who are able to detect and assess defects and potential hazards that could limit the safe performance of the Auction Item’s functions. Bidder agrees it is bidders responsibility to inspect each item before bidding, and acknowledges that Auctioneer makes no guarantee or warranties, either expressed or implied, as to the condition of any item. Bidder agrees and understands that descriptions or statements in the auction catalog and internet websites are only for a guide and Auctioneer makes no guarantee of the accuracy of the descriptions in the catalog or on internet websites. Injury and Damage: Bidder and/or Purchaser acknowledges and accept responsibility and liability for any personal injury or property damage caused by Bidder, Purchaser, Bidders guests, agents, employees, contractors, or anyone to the like kind, to hold harmless Kiefer Auctioneers, LLC., Seller, and Event Land Owner(s) from any personal injury to himself, guests, agents, employees or contractors, and any property damage incurred on auction premises. Purchaser and/or Bidder releases Auctioneer, Seller, and Event Land Owner(s) from any and all liability connected with auction preview, auction, removal, load-out, and transportation of auction item purchases and any and all future uses for the goods purchased. Bidder or Purchaser are Responsible: Seller, Auctioneer, Bidder, and/or Purchaser expressly agree that the Bidder and/or Purchaser are responsible for and agrees to indemnify Seller, Auctioneer, Event Land Owner(s) and their respective affiliates for any and all damages (whether based on contract, tort, warranty, negligence, strict liability or any other legal theory, and including special, incidental and consequential damages), losses, expenses, attorneys’ fees, court costs, etc., that arise out of or result from the removal, possession or use of any items purchased at this auction, or any other claim regarding the use or possession of any asset purchased at this auction. Chargebacks Prohibited: Purchaser agrees that they will accept all charges placed on the credit card or debit card associated with your account and invoice. Purchaser agrees not to charge back or file disputes of any amount or purchased item that the Auctioneer charges to your credit or debit card that you authorized. You agree that this provision applies equally to all amounts charged in connection with any auction items you have won and any such buyer’s premium, penalties, interests, collection fee(s), storage fee(s), any other fee(s) acquired, or sales tax applicable. Additionally, should legal ramifications ensue, the Purchaser fully agrees and accepts to pay for any and all legal fee’s, penalties, interests, collection fee(s), storage fee(s), any other fee(s) associated in the purchase of such auction item(s). Default and Resale: You agree that if, after being declared the winning bidder/purchaser, if you fail to pay for any item that you have won for any reason, your account will be declared in default. If you bid online or onsite, you are legally responsible for placing that bid. If you are the registered high bidder/purchaser on any item sold, you are legally responsible for the full payment of the bid placed and any fee(s) associated with the auction item(s). No exceptions will be made. Purchaser further agrees to pay for any and all costs associated with the collection and payment of the items. Disposal of Unclaimed Items: In the event, you refuse to pay for or abandon any auction item(s) that you win at auction, the Auctioneer will have the option of reselling, removing, storing, or disposing of the unpaid-for or abandoned auction item(s). Bidder and purchaser understand and agree to be personally responsible for all deficiencies and defaults – and all legal, collection, transportation, and storage expenses – associated with your delinquent account and/or abandoned auction items. In the event of resale, purchaser agrees to pay any costs associated with the resale of the auction item(s) as well as any deficiency and defaults between your original purchase price and the resale price. Suspension of Bidding Privileges: Bidder and/or Purchaser understand and agree that any violation of these Terms and Conditions — and/or any unsafe or illegal activity during any auction-related event — may result in the Auctioneer suspending your bidding privileges indefinitely, and any legal ramifications can and will ensue. Nothing in this paragraph will limit the Auctioneer’s right to any other remedies at law or in equity. Auctioneer reserves the right to revoke bidder number and bidding privileges from any registered bidder and have that individual and their parties leave the auction premises. Bidder acknowledges responsibility for payment of any bids placed prior to revocation is still responsible for any bids placed and/or payment due. Photography, video and audio recording is used on the premises and will be used for security and/or promotional purposes. Titles to Vehicles: With respect to each titled auction item for which Auctioneer has received payment in full, unless otherwise provided in the auction item’s description on the Auctioneer’s auction listing page for the auction item, Auctioneer does not guarantees free and clear title to the titled auction item per the Sellers accord. Auctioneer shall use its best efforts in accordance with applicable law to obtain and convey to Purchaser title to such titled auction item; provided, however, that should a delay in the obtaining the title occur, Auctioneer shall in no way be responsible for any losses, damages, attorney’s fees, costs of any kind, interest, punitive damages or any other type of damages resulting from such delay and Auctioneer shall have no liability to Seller, Purchaser or any subsequent purchaser for any title delays for any reason whatsoever. Auctioneer may provide the name of Seller upon request by Purchaser. All information and materials appearing on the auction listing sites, are presented to the user "as is" without warranty of any kind, either express or implied. All auction items sold with a title and/or bill of sale, do not include any applicable tax, title, license, processing and/or documentation fees to register and title the auction item. A $25 title handling fee is charged by auction company. Auctioneer will not preform any background title checks on any registered and titled auction items. Auctioneer is a mere 3rd party for the Seller and Purchaser. Titles will be certified mailed or mailed with a signature required to the address used when registering to bid in the auction to Purchasers within 2 weeks of auction date. In the event the Seller is a Dealer, all Texas Title, Tax, and Licensing Fee(s) will be paid directly to the dealer. Dealers and Out of State Purchasers are excluded from paying the Texas Title, Tax, and Licensing Fee(s). Attendance At Auction Site: Each person attending the Auction or auction premises, acknowledges that the auction site and premises is a potentially dangerous place. Flammable, corrosive and pressurized substances will be present, heavy equipment is being operated and electric circuits may be live. Any person attending an auction at an auction premises before, during or after the auction shall be deemed to be there at his or her own risk without notice of the condition of the premises or auction items, the activities on the premises, and the conduct of third parties or contractors. Bidder, Purchaser, Bidder's/Purchasers agents, guests, representatives, contractors, and employees, forever release and hold harmless the Seller, Auctioneer, and Event Location Owner(s) of the foregoing and assumes all liability against any type of harm, injury, and/or damage in regards to auction item(s) or auction premises. No person or entity shall have any claim against Auctioneer, Seller, Event Location Owner(s), its agents, employees or principals for any injuries sustained, or for any damages to or loss of property which may occur from any cause whatsoever at an auction premises or in relation to any auction item(s). Additional Terms: Auction Items may be added to the auction. In an emergency situation, Auctioneer reserves the right to remove any auction item from the auction. The information listed online or included in any auction brochure is only a guideline and the accuracy of such information cannot be guaranteed. Bidder also agrees and understands by registering for an auction, the Bidder agrees to receive advertisements by email, regular mail, phone call or text message from Auctioneer and/or Auction Company. Bidder understands and agrees to any phone or text charges that may apply. Bidder and Purchaser understand and agree to any Photography, video, and audio recordings used at the premises and during the auction and will be used for security, legal, and/or promotional purposes. Communication; Information Sharing: Bidder/Purchaser authorizes Auctioneer to (i) contact it via phone, email or text regarding company business and (ii) process and share information regarding the bidder/purchaser with the original equipment manufacturer (“OEM”) of any Auction Item(s) purchased hereunder and any of the OEM’s dealers or service providers in Purchaser’s geographic area. Auctioneer shall have no liability to Purchaser or Bidder for the disclosure of any information regarding such Purchaser to the applicable OEM, its dealers, service providers or any other other representatives or interested individuals. Bidder and Purchaser understand and agree to any phone or text charges that may apply. Bidder and Purchaser understand and agree to any Photography, video, and audio recordings used at the premises and during the auction and will be used for security, legal, and/or promotional marketing purposes. Assumption; Waiver; Indemnity; Non-Sales: Purchaser assumes all liability whatsoever resulting from the possession, use or disposition of each Auction Item purchased at an Auction. Purchaser hereby releases, waives, discharges and covenants not to sue Auctioneer and each of its parent, subsidiaries and affiliates and each of their respective directors, officers, employees and other representatives (collectively, “Released Persons”) of and from any and all claims, liabilities, losses or damages that Purchaser may have or has ever had against any Released Person arising out of or relating to the Auction Items purchased at the Auction or use thereof, including without limitation, any liability or damage relating to injury to person or property. Purchaser hereby agrees to indemnify, defend and hold Auctioneer and its parent, subsidiaries and affiliates and each of their respective directors, officers, employees and other representatives (collectively, “Indemnified Persons”) harmless from any and all costs, expenses, damages and liabilities (including, without limitation, attorneys’ fees) incurred or sustained by, or imposed upon any Indemnified Person arising out of or relating to (i) the loading, transport, ownership, repair, maintenance (or lack thereof) and/or use of the Auction Items, viewing of auction item(s) and/or any property damage or bodily injury arising therefrom, or (ii) the enforcement of this indemnity by Auctioneer. In the event any Auction Item is deemed a “Non-Sale” by Auctioneer for any reason, Purchaser’s sole remedy shall be to pay any outstanding invoice due and all delinquencies and default fees acquired with the intent and acknowledgement of not receiving the auction item if the pick-up date has expired. Auctioneer shall have no additional liability to Purchaser for any loss or damage arising from or relating to such “Non-Sale”. Governing Law and Venue: These Terms and Conditions will be governed by and construed under the laws of the State of Texas. Claims and Choice of Venue: Any claim or controversy arising out of or relating to these Terms and Conditions, or to any breach thereof, will be resolved exclusively by a state court having jurisdiction in the County in Texas the auction is conducted in, or in the Federal District Court of Texas, where federal jurisdiction exists. Each party hereby submits to the jurisdiction and venue of such courts. You agree that all claims instituted by you will be litigated on an individual basis, and will not be consolidated with any claim made by another party. You agree that any judgments awarded may be applied to and collected from you personally or corporately. Should you file an action contrary to this paragraph, the defending parties may recover reasonable legal fees and costs. Further, if you bring a claim against the Auctioneer and do not prevail, and/or if the Auctioneer takes action against you as a result of your violation of these terms and conditions and is the prevailing party, you agree that you will reimburse the Auctioneer for all reasonable legal fees and costs including reasonable attorney’s fees. Entire Agreement: These Terms and Conditions contain the entire agreement and supersede any prior oral or written agreements relating to the same subject matter. For questions, please contact Auctioneer, Cory Kiefer: (903) 821-8717 or info@kieferauctions.com. TX LC#16155