EMPORIA, KANSAS TOOL & EQUIPMENT AUCTION

GENERAL TERMS & CONDITIONSThese Terms and Conditions constitute a CONTRACT between you, the bidder, and us, the Auctioneer. Do not submit any bids unless you understand and agree to ALL terms of this contract.United Country - Great Plains Auction & Real Estate shall be known individually and collectively as "Auctioneers", or "Auction Firm"."All bidders must be 18 years of age or older and register with a valid credit card to bid on this auction. All bidders and others participating in this auction agree that they have read these terms and agree to be bound by and abide by these terms thereby. Bidder and his or her agents and employees agree to assume all risks of damage to person or property. Bidder and his or her agents and employees specifically release and forever indemnify Auctioneer, it's employees, agents, and assigns, from any liability and causes of action."All property is sold "as is, where is" without any warranty or guarantee, expressed or implied. ALL SALES ARE FINAL. THERE ARE NO REFUNDS, EXCHANGES or REFUSALS. As the highest bidder, you are the buyer and are bound by the terms and conditions of this agreement and sale. In no event shall a bidder or buyer hold the Auctioneer responsible for having made or implied any warranty or merchantability or fitness for any specific purpose."The Auctioneer is acting solely as an agent for the Seller(s). The Auctioneer shall assume no liability for representations made, or information provided by the Seller(s). The Seller(s) reserve(s) the right to accept or reject any or all bids. This is a Public Auction and as such, all qualified bidders may bid, including United Country - Great Plains Auction & Real Estate owners, family members and employees."Seller reserves the right to bid or have agents, including auctioneer, bid on their behalf on any merchandise where a set price, the reserve, must be met." Bidders are encouraged to inspect all items before bidding. Public inspection & preview information is posted on our website for each sale."Bidder registration numbers are issued solely to individuals and are not transferable. Others are not authorized to use your bidder registration. Should you allow others to bid under your number, you will be fully responsible for all bids they make as though you made them yourself."Removal of any and all items shall be at the expense, liability and risk of the purchaser. All property must be removed within the time period stated by the Auctioneer for each auction unless otherwise agreed to and arranged between buyer and seller. Property not removed within the announced time period will revert to the Seller for resale or disposal, without refund or recourse to the bidder. Property not removed shall be considered abandoned and no refunds shall be issued. The Seller, at his or her discretion, may choose to have unclaimed items removed or disposed of at the expense of the Bidder who failed to collect the items. By participating in this auction, you agree to pay the removal costs of any unclaimed items that you won in the auction."The Seller and the Auctioneer reserve the right to withdraw items from sale before or during the auction without prior notice."Persons attending the preview or inspection period, or during the removal period assume all risks of damage, injury, or loss to their person and or property, and release the Auctioneer and the Auction Firm from liability thereof. Neither the Auction Firm nor its principals shall be liable for any defect in or condition of premises on which the auction is held. The Auction Firm is acting solely as the agent for the Seller(s) and is not responsible for any acts or omissions of its principals."Should any litigation or mediation be commenced between the parties to this agreement, concerning this agreement or the associated auction, the bidder / buyer agrees that the court shall award the prevailing party all reasonable costs and expenses, including reasonable attorney's fees."The bidder / buyer agrees to reimburse the Auctioneer for all expenses incurred in the collection of any unsatisfied debt in conjunction with this auction."Bidder agrees that this agreement shall be governed by the laws of the county of Lyon within the state of Kansas and hereby grants sole jurisdiction and agrees to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Lyon County, Kansas. Both parties waive any right to a jury trial and hereby agree to a bench trial before a judge. This agreement shall be governed in all respects by the laws of the State of Kansas. If for any reason, a court of competent jurisdiction finds any part of this agreement to be invalid or unenforceable, that part will be enforced to the maximum extent permissible to affect the original intent of this agreement. If a part is found to be invalid or unenforceable, the remainder of this agreement shall continue in full force and effect. Such invalid or unenforceable part will be deemed severable from the other parts here and will not affect the validity or enforceability of the remaining parts."Any Bidder who fails to perform as required under these terms and conditions may be banned from this or any future auctions."By registering for any auction, the bidder agrees to be added to the Auctioneer's email list. If you choose to unsubscribe, please follow the link at the bottom of each email to update your notifications.Vehicle & Equipment Auctions"Vehicles and equipment are sold "as is" with no warranty. The Auctioneer does NOT inspect vehicles or equipment, and makes no claim as to the condition of any vehicles or equipment. Some vehicles and equipment may be described as "started" or "ran". This is for informational purposes only, and is a representation of a past occurrence. There is no warranty or guaranty that the vehicle or equipment will start or run again. Bidders should not make buying purchases based on this information."Unless otherwise announced, sales taxes are NOT assessed at the time of sale on titled vehicles. Sales taxes will be paid when the vehicle is registered at the DMV."Minor mechanical work may be done on the grounds, limited to changing or inflating tires, and jump-starting the vehicles. No other mechanical work is to be done on the property.Payment"A 10% Buyer's Premium will be added to the high bid on all items to determine the final purchase price of that item. "Visa, MasterCard, Discover, and American Express are accepted." Credit card used to register for this auction will be charged upon the end of the auction for all purchases. " By participating in this auction, buyers expressly agree that they will not "charge back" or "deny" a credit card purchase. "There is a $35 service fee that will be assessed for any credit card that is declined for a purchase.Pick-Up"Items must be picked up at the Client Property within seven (7) days of the conclusion of the auction unless otherwise arranged with and agreed to by buyer and seller. Any and all such agreements are strictly between buyer and seller." Items not picked up during the designated pick-up times will be deemed abandoned and will revert back to the seller with no refunds.On-Line AuctionsNeither the Auctioneer nor the Seller shall be responsible for any failure of any electronic or internet systems to accept or register a bid. Registered bidders must create a password that prevents others from using their account. Bidders are responsible for ALL bids placed under their name and password. This is a Public Auction and as such, all qualified bidders may bid, including United Country - Great Plains Auction & Real Estate owners, family members and employees.Online auctions use a "Dynamic" ending process. If a bid is received in the last few minutes before the scheduled closing of an item, the timer on that item will extend, and will continue to extend each time a bid is received. Once the bidding stops, and the timer runs out, that item will be eligible to close. In some cases, items are "linked", keeping one item open for bidding when a different item in the auction has been extended due to active bidding.It is the Bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor of all items. Auctioneer may attempt to describe the merchandise in advertising, on the internet and at the auction but makes no representations. In no event shall Auctioneer be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Auctioneer does not guarantee any appraisals, gradings or certifications. If you have any questions about the merchandise, contact the seller(s) and ASK THEM BEFORE BIDDING. Bidders shall be the sole judges of value. It is Bidder's responsibility to determine if any item is legal where they live.By placing a bid, Bidder acknowledges that her or she has inspected the items to his or her satisfaction or chooses to not examine them at his or her sole risk. Even though an item may display as "sold" on the internet, no sales are final until they are certified by the Auctioneer and the bidder receives an invoice. Auctioneer reserves the right to cancel any or all sales and resell the items in whatever manner he or she chooses.Bidding increments are automatically adjusted based on the chart provided for each auction, and are subject to change at the sole discretion of Schur Success.Bids cannot and will not be removed or altered, unless in the opinion of the auctioneer, the bidder can establish that the bid was an obvious typographical error.Internet bidders who desire to make certain their bid is acknowledged should use the proxy bidding feature and leave their maximum bid at least 24 hours before the auction closes. Auction Company reserves the right to withdraw or re-catalog items in this auction.Some of the items in this auction may have a minimum bid to enter the bidding. Others may be treated as a "reserve" bid item. Others may be sold "Absolute", regardless of price, to the highest bidder.EXPLANATION OF STAGGERED CLOSING & SOFT CLOSE Staggered Close: If you'll notice in the Title of our Auction, it states that bidding BEGINS to close at 7:00pm CDT (Kansas Time). However, ALL items do not close together at that time. Items will close in the order listed on the site, (unless affected by the Soft Close as explained below) and typically close at the rate of 4 items per minute (every 15 seconds). Our Auction was set up this way intentionally so that bidders can have time to evaluate their overall progress in a sale as individual items close. You may also click on "Live Catalog" to view, in real time format, the lots that have current activity. Soft Close: Additionally, if an item receives a bid within the last 2 minutes, then the close time will be extended 2 minutes from the time the bid is placed. The time will continue to be extended for 2 minutes with each newly placed bid and the item will not close until 2 minutes have elapsed with no additional bid activity. This does eliminate "snipers" from our Internet Auctions. Please be certain that we have taken every precaution to set the site up in a transparent manner that allows for the fairest environment for both buyers and sellers.United Country - Great Plains Auction & Real Estate (Auction Company) is providing an Internet auction as a service to Bidder. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall bidder have any kind of claim against Auction Company or anyone else if the Internet service fails to work correctly during the online auction. Auction Company will not be responsible for any missed bids from any source.