GATLIN AUCTION TERMS AND CONDITIONS GENERAL: Gatlin Auction is acting solely as the agent for the seller and is not responsible for any acts or omissions of its principals. By registering to bid or placing a bid, all bidders agree they have read and fully understand the terms and conditions herein and agree to be bound by them, any other announced terms or conditions of sale or rules of the site. Announcements made on the day of sale take precedence over any published announcements. Internet bidders agree that bids placed on the internet auction site shall have the same legal effect as if they were in attendance at the auction in person. It is our intent and desire that all buyers are satisfied with their purchases, that items arrive as described, transactions are completed in a professional manner and that we obtain your continued patronage. Thank you for reading and abiding by this agreement. 1. PROPERTY CONDITION: All property is sold "AS IS, WHERE IS" without any warranty or guarantee of any kind, expressed or implied. By being the highest bidder on an item, you are the buyer and are bound by the terms and conditions of this sale. If the sale is held online only, you, the buyer, may inspect items at specified dates and times as announced on advertising and/or by appointment, or if unable or unwilling to inspect, hereby waives any claim due to condition, quality, quantity, or defects in description. It is the bidders responsibility to determine condition, age, genuineness or any other determinative factor. Bidder shall be the sole judge of value. Bidders who bid from off site and are not present at the live auction acknowledge that they may not be able to inspect an item as well as if they examined it in person. Gatlin Auction shall endeavor to describe in detail each item and any pertinent information about the item at time of listing and prior to auction with any entity by any reasonable means necessary. If you have questions about the merchandise, the time to ask questions is well in advance of the live auction. Bidder's sole remedy in the event of a misrepresentation of an item shall be to return the item, at their expense and in the same condition it was shipped to them. Only IF Gatlin Auction agrees that the item was misrepresented, will we refund an amount up to the bidders purchase price to them. Otherwise, all other sales are FINAL. There are NO refunds, exchanges or refusals. 2. PREVIEW AND INSPECTION: Property is open to thorough public inspection on specified dates and times as announced on advertising and/or by appointment. Persons attending the sale during any preview period, the auction, or during the removal period assume all risks of damage, injury, or loss to their person and or property, and specifically release Gatlin Auction from liability thereof. Neither Gatlin Auction nor its principals shall be liable for any reason of any defect in or condition of premises on which the auction is held. 3. BIDDER IDENTIFICATION: Gatlin Auction may refuse a buyer's number and bidding privileges to anyone for any reason. Bidder agrees to provide any identification Gatlin Auction may request including but not limited to: driver's license, photocopies of credit cards, Social Security card or US Passport. Bidder agrees to comply with any stated additional terms or conditions. Registering with an invalid or fraudulent credit card will be grounds for denial of bidding privileges. 4. INTERNET SERVICE PROVIDER & SOFTWARE: Gatlin Auction may/may not be providing internet bidding opportunities for this auction as either internet only or concurrently as a webcast/live auction. Bidder acknowledges and understands that this service may or may not function correctly during the auction period. Under no circumstances shall bidder have a claim of any kind against Gatlin Auction, or anyone else, if the internet service fails to work correctly before or during the auction event. Gatlin Auction will not be responsible for any missed bids from any source. Gatlin Auction reserves the right to withdraw or re-catalog items in this auction. In the event of any software problem, mistake or other issue, Gatlin Auction reserves the right to extend the closing times, stop, re-start or cancel this auction at its sole discretion. Although an item may display as "sold" on the internet, no sales are final until they are certified by Gatlin Auction and the bidder receives an invoice. The sale price recorded by the auction software provider shall be the official sale price of the item sold. Gatlin Auction reserves the right to cancel any or all sales and resell the items in whatever manner it chooses. 5. BID INCREMENTS; SELLER RESERVES; ELIGIBLE BIDDERS: Bids may/may not be advanced at pre-set increments which are viewable on the Auction Details page under the Bid Increments tab. While the vast majority of items sold are absolute, Gatlin Auction reserves the right to bid on behalf of the seller on items which there may be a reserve and advance the bidding at their own discretion. This is a public auction and as such, all qualified bidders may bid including Gatlin Auction owners, family members and staff. Gatlin Auction may reject or cancel any bid for any reason. Should a tie or a dispute arise between two bidders, the auctioneer may, at their discretion, reopen the bidding until the property is sold. The record of the auction made by Gatlin Auction shall be conclusive. 6. PLACING A BID; SOFT CLOSE: Bidders who choose to place bids on items may do so at any time after the auction officially opens and before the item closes. Bidders may choose to bid the next increment amount on any item or may wish to bid up to a maximum amount of their choosing. Bidding more than the next bid increment means you will bid in published increments up to and including your maximum amount but no higher, unless overridden by you. Your maximum bid amount will not become the high bid unless another bidder has previously placed a higher maximum amount for the same item. Internet bidders who desire to make certain their bid is acknowledged should use the pre-bidding “Max Bid” feature and leave their maximum bid 24 hours before the auction begins. Internet only auctions utilize a "soft close" to end each item in the sale. A soft close means as items are closing, if there is a bid on the specific item or group of items within a certain time frame of the items scheduled close, then the item's closing time is extended a specified amount of time. This is done to prevent sniping of items at the end of an auction making it fair for everyone to bid. The soft close time is generally three minutes but can vary depending on the auction needs. Soft close will not be observed on concurrent webcast/live auctions. 7. PAYMENT INFORMATION: All credit cards used to register for online auctions will be charged immediately after the close of the auction unless prior arrangements have been made and approved by Gatlin Auction. In those instances, if you have an established record with us, and are a customer in good standing, we will extend to you the option of paying with cash or check at auction pickup. Gatlin Auction accepts CASH, CHECK, CREDIT CARD, OR WIRE TRANSFER with the following conditions. Acceptable credit/debit cards are Visa, MasterCard, Discover and American Express. Credit cards cannot be used for purchasing vehicles. Certified Bank Checks, Cashier's Checks or Personal Checks may be accepted with prior authorization such as a Bank Letter of Guarantee and/or identity verification. Merchandise may be held for up to 14 days for these checks to clear. Gatlin Auction reserves the right to charge the bidder's credit card the full amount of any or all of the bidder's pre- or live bids at any time. When the bidding for an item closes, the bidder assumes full responsibility for the merchandise. FOR INTERNET PURCHASES, EVERYTHING MUST BE PAID FOR WITHIN 48 HOURS OF AUCTION CLOSE OR AS SPECIFIED IN THE AUCTION DESCRIPTION. A buyer's premium will be assessed on ALL lots sold. Onsite buyers, if any, will be charged Ten Percent (10%) and all internet bidders agree to pay a buyer's premium equal to Fifteen Percent (15%) of the hammer price of each item they purchase. For example, if the hammer price of an item is $100.00, the buyer's premium will be $15.00 for a total purchase price of $115.00 for an internet purchase compared to $110.00 for an onsite buyer. Under state law, applicable sales tax will be collected on the entire amount. The bidder/buyer agrees to reimburse Gatlin Auction for all expenses incurred in the collection of any bad debt in conjunction with this auction. We will charge an additional $30 fee to any buyer whose credit card is declined for any reason and bidding privileges will be suspended until paid in full. 8. PROPERTY PICK-UP AND REMOVAL: All property shall be removed from the premises by the bidder at their own risk and expense within the time period announced and only after all invoices have been paid in full. ALL MERCHANDISE PURCHASED AT THIS AUCTION MUST BE REMOVED WITHIN SEVEN DAYS OF AUCTION CLOSE. THE SPECIFIED TIME FRAMES ARE LISTED SPECIFICALLY IN THE AUCTION TERMS. UNLESS SPECIAL ARRANGEMENTS HAVE BEEN MADE WITH Gatlin Auction OR THE ITEM IS BEING SHIPPED, THESE DAYS AND TIMES WILL APPLY. PROPERTY NOT REMOVED WITHIN SEVEN DAYS OF AUCTION CLOSE WILL HAVE A STORAGE CHARGE OF $10 PER LOT, PER DAY ADDED AND AFTER FOURTEEN DAYS OF AUCTION CLOSE, THE ITEMS WILL BE CONSIDERED ABANDONED AND FORFEITED WITH NO REFUNDS. SHOULD YOU NEED ALTERNATE ACCOMMODATIONS, PLEASE CONTACT US BEFORE YOU BID. MANY TIMES, ALTERNATE DATES ARE NOT AVAILABLE. ALTERNATE DATES AND TIMES MAY CAUSE ADDITIONAL CHARGES ON YOUR INVOICE. Abandoned property will revert to the seller for disposal and the bidder shall have no claim to merchandise not removed after the fourteen days. Buyer's bidding privileges will be suspended until storage costs have been paid in full. 9. SHIPPING: Gatlin Auction primarily utilizes Liberty Pack & Ship in Pueblo West, CO to facilitate the shipment of purchased auction items in Colorado. Gatlin Auction reserves the right to use Liberty Pack and Ship and/or other third party shipping companies to facilitate shipping needs as necessary for auctions conducted in a multi-state region. Gatlin Auction and Liberty Pack & Ship will ship most items if not prohibited by law or size restrictions. Most items sold in internet auctions or webcast/live auction catalogs will be available for shipping, unless otherwise stated in the description of the item (large pieces, furniture, etc.). SHIPPING PROCEDURE: Once the auction ends, buyer purchase(s) and address information will be transferred to Liberty Pack & Ship, and/or third party shipper, where your items will be prepared for shipping. You will be contacted via telephone, email, and/or text message to verify charges of shipping quote, address and payment information. Buyer agrees to pay for labor, materials, full postage, including complete insurance to cover the entire purchase price. Buyer is reminded that shipping costs have steadily increased over the past few years and while we do what we can to keep down expenses for our customers, large or heavy lots will be expensive. We WILL NOT ship items uninsured. No items will be shipped until purchase price and all shipping charges are paid for. We will not ship until this confirmation has been made. For shipping information, please call Liberty Pack & Ship directly at (719) 696-8111 or email contact@shipliberty.com. To arrange for shipping, please contact Gatlin Auction by calling (719) 989-7737 or by email to info@gatlinauction.com. PLEASE HELP US VERIFY WE HAVE YOUR CORRECT CONTACT INFORMATION, SHIP TO ADDRESS, OR PAYMENT INFORMATION. In the event the bidder does not pay for shipping, provides wrong address information, or refuses to accept shipment, the bidder shall have no claim against Gatlin Auction, Liberty Pack & Ship or other third party shipper used and will forfeit the merchandise and pre-shipping charges with no refunds. Bidder agrees that any merchandise not removed from auction site by bidder within seven days of the auction as specified, or has not arranged for shipment, will be forfeited with no refunds. Please note, our priority is to deliver your purchase in excellent condition! SPECIAL NOTICE REGARDING SHIPMENT DAMAGE: If an item is damaged during shipment, notification to Gatlin Auction is required within 48 hours of receipt of the item. Buyer is responsible for notifying Gatlin Auction of the damage by emailing a description and photos of said damage (including outside packaging and packing materials) to info@gatlinauction.com. Buyer must preserve all pieces of the item and any packaging it was received in. Failure to do any of these things may void an insurance claim. Buyer acknowledges insurance claims and payments may take up to 30 days to be resolved and any claim for damage during shipping is limited to the amount invoiced for the item plus Buyer's Premium and Sales Taxes if charged. Shipping charges are excluded and are the sole responsibility of the Buyer. Gatlin Auction IS NOT responsible for items damaged during shipment. 10. FIREARMS and AMMUNITION: All firearms sold through Gatlin Auction will be done so in accordance with ATF regulations. Firearms are located off-site at an authorized FFL licensee's place of business. If you are the successful bidder for any firearm, you must obtain a fully paid receipt then pick up your item at a location TBD and submit to and pay for a background check as required by law. The FFL licensee will arrange shipping for firearms only (handguns must be shipped separately from long guns). If you require shipping for ammunition, these items will be shipped by our preferred shipper following all laws and shipping requirements. 11. VEHICLES: Vehicles sold through Gatlin Auction may or may not be titled. Auction descriptions should contain title information. You will be provided, at auction pick up, with a copy of the vehicle's title (if available), a Bill of Sale, and estate information as required. A fully executed vehicle title will be sent to you via USPS registered mail, usually within 10 business days of the auction close. Purchasers of vehicles without a title will only be provided with a Bill of Sale. Purchase price of vehicles will include buyer’s premium amount in the total amount of sale price. 12. GOVERNING LAW; JURISDICTION: Bidder agrees that this agreement shall be governed by the laws of the state of Colorado and hereby grants sole jurisdiction and agrees to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Pueblo County, Colorado. Bidder agrees and grants that service of process on them may be obtained by mailing a certified letter, containing a summons, postage prepaid, to them at the address they provided to register. Should a dispute arise between Gatlin Auction and bidder, bidder waives any right to a trial or hearing in a court of law and agrees to settle the dispute through binding arbitration in Pueblo County, Colorado. 13. SEVERABILITY: If any provision of this agreement shall be or shall become illegal, invalid, or unenforceable, in whole or in part, for any reason, the remaining provisions of this agreement shall not be affected thereby but shall be deemed valid, binding and enforceable to the greatest extent permitted by law.