Auction Terms & Conditions BID TO BUY has the right to: 1. Govern items and services sold to clients and to maintain the level and integrity of our business. 2. Terminate the auction at any time; withdrawal from sale of any item; to sell at this auction; items not listed; to group one of more lots into one or more selling lots or to subdivide into two lots or more selling lots. PAYMENTS: a) All payments will be required to be paid for with the credit card on file after auction is complete. b) Sales tax will be charged and collected on all purchases, as required by appropriate state/local laws. If you are tax exempt, you will need to provide to us your tax exempt form along with your 4473 Form. c) Buyer's Premium is charged at our auctions. This varies between auctions please see terms. d) Buyer specifically waves the right to dispute or deny payment for any purchases made with a credit card. e) No items will be released to the buyer until they have been paid for. Buyer is responsible for the pick up of all purchased items. No abandonment of purchased items is allowed. All abandoned items will be sold for storage and moving fees. f) Purchases may be paid for and released/picked up at any time during the auction as long as the auction is not disrupted by this activity. LOADING EQUIPMENT: a) Bid To Buy does not lend, lease, or borrow any equipment, nor deliver sold items. Buyer is responsible for their own pick up of all items. Please make sure to bring any packing material and boxes that you may need. Please also bring assistance to move heavy items to your vehicle and any tools for dismantling. ITEM REMOVAL/RELEASE/PICK UP: All items must be picked up within "7 BUSINESS" days of the auction closing and/or within the specified date. If items are not removed/picked up by this time they will be forfeited and/or sold for storage without refunds. NO LIABILITY: a) Bid To Buy assumes no liability/responsibility for your purchases. The buyer assumes and does agree to indemnify and hold the auction company and seller harmless from any future claim that shall pertain to fitness or use of the items being purchased. b) Persons attending during exhibition, sale or removal/pick up of items assume all risks of damage or loss to person and property and specifically release and indemnify the Auction Company from liability therefore. Neither the Auction Company nor it's employees/seller(s) /principal seller(s) shall be liable by reason of any defect in or condition of the premises in which the sale is held. CONSIGNORS & BIDDERS: a) All consignors must fill out a contract with Bid To Buy, sign forms and abide by our terms listed. b) All bidders must register for bidder's numbers using proper ID or proper information. c) No consignor, seller, or agent for seller has the right to bid on their consigned goods. d) Any employee of Bid To Buy may bid at any auction if they wish to purchase an item. e) All items become the sole responsibility of the purchaser when the auctioneer confirms your bid as the successful winner. We are not responsible for lost or stolen items. f) If there is any dispute between two or more bidders, the auction company or its’ auctioneer, may decide the successful bidder. The decision of the auction company, or its’ auctioneer, shall be final and absolute. LOSS OF BIDDING PRIVILEGES: a) If you have failed to pay for an item, or failed to timely pick-up items, your bidding privileges will be revoked. Your privileges may be restored by paying for the item(s) or repaying for the loss of the revenue due to the items not having been sold and by placing a credit card on permanent file whereby future purchases will automatically be charged. DELINQUENT ACCOUNTS: a) The bidder that has not paid for, or has not removed/picked up their items from the auction site, will be subject to the cost of storage, trucking, re-sale, deficiency balances, collection fees, and any legal fees for recouping a loss due to the bidder's negligence. RESERVES: a) Any and all items that Bid To Buy agrees to sell/auction are subject to a reserve as per Tennessee State Auction Law. DOCUMENTS: a) All documents must be completed in full by buyers and sellers. For Example: Death Certificates, Letters of Authority, Creditor Liens, and UCC's when purchasing vehicles, firearms, etc. b) All gun buyers will be required to fill out a 4473 form and pass a background check. COMPLIANCE WITH THE TERMS OF SALE/AUCTION: a) In the case of any default of payment of bills in full within the time announced for this auction the Auction Company in addition to all other remedies allowed by law, may retain all monies received as deposit or otherwise, as liquidated damages. b) Bid To Buy is in complete compliance with Tennessee statutes and Tennessee Administrative codes, Department of Revenue Tax, FFL and/or other compliance Warranties: a) Everything at Bid To Buy is sold “AS IS/WHERE IS” with no warranties, representation or guarantees expressed, implied or otherwise given and "ALL" sales are final. CONDITIONS OF ITEMS SOLD: a) All information provided is believed to be accurate, but the auction company 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 any incorrectness, error in cataloging or any imperfection not noted. No deduction will be allowed on damaged articles as all items being exposed for public exhibition are sold “as is” and without recourse. BID TO BUY requires any/all buyers to preview and make your own opinion on conditions/looks of items prior to purchasing, since all items are "Sold As Is". BID TO BUY have the right to refuse service or eject any person obstructing the auction process. The record of sale kept by the Auction Company, the audio tape of the auction and the bookkeeper records will be taken as final in the event of any dispute. PICK UP TERMS: a) Any/All items must be paid for and picked up in the allotted time following the auction. --------------------------------------------------------------------------------------- ACCEPTANCE Of TERMS OF USE: Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, or if you do not qualify, please do not use our service. REGISTRATION OBLIGATIONS: In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or in case BID TO BUY has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BID TO BUY has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). DESCRIPTION OF SERVICES: BID TO BUY provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections. HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION Bid To Buy provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions. The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding. INTERNET ABSENTEE BIDDING: Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction. INTERNET-ONLY AUCTIONS: Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction. WEBCAST AUCTIONS: Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live". Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid. When you place a bid you are agreeing to be bound by the Auctioneer's & BID TO BUY'S terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels). The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions. Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration. BID TO BUY, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. BID TO BUY is in no way a party to the transaction. Since BID TO BUY is not a party to the transaction, you accept that you will have no claim or cause of action against BID TO BUY in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that BID TO BUY, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential loss), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer. BID TO BUY is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. BID TO BUY does not evaluate Lots and does not act as a specialist or expert on any related subject matter. BID TO BUY makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and for shipping terms when/if applies. BIDDING: The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal. Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and BID TO BUY may at its discretion release this information to enable legal action to be taken. BID TO BUY may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement. The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although BID TO BUY will use best efforts to forward all bids, BID TO BUY does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, BID TO BUY cannot guarantee that bids received will be processed by the individual auctioneers. Please note that BID TO BUY'S role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers. THE WINNING BID: The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid. NOTICE OF END OF SALE, PAYMENT & SHIPPING: Upon sales end, the auctioneer will notify the winning bidder via phone or email that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions. BUYER'S PREMIUM, TAXES AND DUTIES: If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties that may be imposed on the final price paid for an item. It is your solely responsibility to check the applicable taxes and duties that may be imposed on an item prior to bidding for it. PRIVACY: BID TO BUY does NOT sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. COPYRIGHT: All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose. SPECIAL ADMONITIONS FOR INTERNATIONAL USE: Recognizing the global nature of the Internet, you agree to comply with all local/state, laws/rules regarding online conduct and acceptable content. Specifically, you agree to comply with ALL applicable TENNESSEE LAWS regarding the transmission of technical data exported within your transaction. DISCLAIMER OF WARRANTIES: a. You understand and agree that your use of this service is at your sole risk. The service is provided on an "as is" and "as available" basis. BID TO BUY expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchant ability, fitness for a particular purpose and non-infringement. b. Bid To Buy makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected. c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. d. No advice or information, whether oral or written, obtained by you from Bid To Buy, or through, or from the service shall create any warranties. LIMITATION OF LIABILITY: You understand and agree that BID TO BUY shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if BID TO BUY has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. EXCLUSIONS AND LIMITATIONS: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Some of the above limitations of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you. INDEMNITY: Therefore you agree to indemnify and hold BID TO BUY, it's employees/volunteers, auctioneers and/or contract labor, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. LEGAL COMPLIANCE: You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items. BID TO BUY 732 Tennessee Avenue Etowah, TN 37331 www.BidToBuy.com 423-263-4243