Constableville Auction Hall, LLC a New York Limited Liability Company d/b/a Adirondack Asset Aucitons, adkauctions.com ("Adirondack Asset Auctions"), the owner and operator of the site accessible through www.adkauctions.com, with respect to the use of this website (the "Site"). The information provided on this site is provided subject to compliance with the terms of this Agreement. YOUR USE OF THIS SITE SIGNIFIES AND CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT, AS IT MAY BE AMENDED FROM TIME TO TIME. Please read this Agreement carefully as it forms a binding contract between you and Constableville Auction Hall. Please print a copy of this agreement for your records. All information provided by bidder during the registration process must be current, complete, and accurate. Bidders must be 18 years of age or older. Constableville Auction Hall, LLC, at its sole discretion, may deny registration to any person or entity. o All bidders are required to register prior to the auction at www.adkauctions.com, complete an internet bidding packet, supply proof of funds or a pre-approval/pre-qualification letter, tender a deposit of $1,500 in cash, wire transfer or guaranteed funds made payable to Good Morning Realty, Inc. and deliver/mail to Adirondack Asset Auctions, 3132 Main Street, Constableville, NY 13325. In the event of a successful bid, bidder approves applying said funds toward the 10% buyer's premium down payment. Auctioneer reserves the right to decline registration if forms are not completed. o I certify that I am at least 18 years of age, and that I have physically inspected the property offered to my satisfaction. o I understand that by bidding, I am making an enforceable offer to contract for the item(s) bid, and I am agreeing to buy what I bid on in an "AS IS, WHERE IS" CONDITION AND THAT THERE IS NO GUARANTEE OR WARRANTY, EITHER EXPRESS OR IMPLIED. My signature below certifies that I have read this statement and agree to all terms and conditions of sale contained or referenced in this document and the complete bid package. If I do not comply with these requirements, my bid will be rejected. If I fail to honor the purchase, fail to close, or otherwise breach any written contract, I acknowledge that I will forfeit my deposit and the Seller may pursue legal action for specific performance of the contract. o I CERTIFY THAT I HAVE PERSONALLY INSPECTED THE PROPERTY AND THAT THE SELLER, CONSTABLEVILLE AUCTION HALL, LLC WITH LISTING BROKER GOOD MORNING REALTY, INC AND EMPLOYEES MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE QUALITY, CHARACTER, SIZE, OR DESCRIPTION OF THE PROPERTY OFFERED, OR ITS FITNESS FOR ANY USE OR PURPOSE. o Refunds or exchanges are not allowed and will not be considered. By your signature, you are agreeing to purchase the property, if the successful bidder, on an "as is, where is" condition with all faults, whether revealed or not. You also acknowledge that the seller is excluding all implied warranties under the Uniform Commercial Code, or similar laws, including without limitation, the fact that the implied merchantability and fitness are expressly excluded. o The Seller reserves the right to reject any or all bids and to waive any formalities. o I understand that a 10% buyers premium will be added to my final Bid and will be the Contract Price. The Contract Price shall be the winning Bid plus 10% buyers premium. o Successful Bidders will provide a cashier's check, certified check or money order for 10% of the Contract Price (minus $1,500 initial deposit) amount made payable to GOOD MORNING REALTY within 72 hours of the conclusion of the Auction. In the event Bidder does not provide the required items, the bid will considered null and void. High bidder agrees that failure to acknowledge the Plain Language Contract to Purchase and/or failure to fund the balance of the ten percent buyer's premium down payment as shall constitute default. In the event of default, bidder's deposit of $1,500 shall be forfeited. o I understand that the Owner or Seller may Bid on this property and are responsible for adhering to the same rules as every registered Bidder. o The Earnest Money funds provided by the successful bidder shall be held in escrow by GOOD MORNING REALTY, INC., as escrow agent, for the mutual benefit of the parties, and shall be disbursed according to the terms of the Purchase Agreement. o Upon acceptance of the Bid Agreement and Earnest Money, Buyer will enter into a Plain Language Contract to Purchase within 24 hours of the conclusion of the Auction. A sample of the Plain Language Contract to Purchase is available for inspection in the Bid Packet. o The back-up bidder (the second highest Bidder) agrees that his/her bid shall be kept open until such time as the buyer's premium has been provided to auctioneer/broker by the high bidder. In the event the high bidder fails to provide the buyer's premium, the backup bidder shall become the high bidder and shall be obliged to provide the funds set forth herein upon notification by any means that he or she is now the successful bidder. o This transaction shall be closed on or about 30 days from the Auction Date, or at such other time as may be mutually agreed in writing. o The online auction has a soft closing feature, meaning if someone places a Bid on a lot within two minutes of the scheduled end of the auction, the system will extend the clock two minutes to give Bidders time to bid again until no more Bids are placed. o I CERTIFY THAT I HAVE READ this document carefully and agree to abide by all the terms and conditions contained or referenced herein. This Terms of Use Agreement ("Agreement") constitutes a valid, binding contract between you and Unless stated otherwise, a 16% buyer's premium will be charged on all items and lots. Every bidder pays the same buyer's premium and should bid accordingly. A 4% discount will be assessed to cash transactions. A $50 minimum buyer's premium will be applied to all vehicle sales (i.e. If a winning cash bidder bids $0.00-$459.00 for a vehicle, the minimum buyer's premium assessed will be $50. All purchases $500.00 and above will be assessed the buyer's premium described above, based on payment type.). Should the buyer fail to retrieve won Lots at the designated Pickup Time, the cash discount shall no longer be available. Bidder agrees that all credit card transactions are Final. Chargebacks are strictly forbidden. Should a Bidder file a chargeback the Financial Institution shall find in favor of Constableville Auction Hall, LLC. Should the Financial Institution fail to find in favor of Constableville Auction Hall, LLC, legal action will be taken against the Bidder and the Bidders Financial Institution. All sales are subject to appropriate state Sales Tax laws. If Bidder claims an exemption from sales tax, it is the Bidder's responsibility to provide the appropriate resale or exemption certificate for each auction at which the Bidder makes a purchase. Bidding starts closing at the designated time frame with the First Lot. Each subsequent Lot will close approximately 15 seconds thereafter. All lots closing timeframe will be extended should bidding on that Lot occur within two minutes from the Lots time to close. Shipping may be arranged at the discretion of Constableville Auction Hall, LLC. All charges associated with shipping an item, or items will be invoiced to the Bidder. No item will be shipped prior to receipt of successful payment. All items shipped by Constableville Auction Hall, LLC will be through the United States Postal Service. The Bidder may arrange alternate carrier shipping at the discretion of the Constableville Auction Hall, LLC. You agree to defend, indemnify and hold completely harmless Constableville Auction Hall, LLC and its affiliates from and against any and all claims, damages, costs, and expenses, including without limitation claims based upon the negligence of the Shipping Entity, arising from or related to a lost, stolen, or damaged item. All items in the possession of Constableville Auction Hall, LLC, regardless of payment status, will be considered abandoned 30 days from the completion of the Auction. Any abandoned items will become the property of Constableville Auction Hall, LLC. Possession shall be defined as Auctioned and Bidder Invoiced, not physical possession. The descriptions of items or lots appearing in the auction and in advertising are believed to be correct. Nevertheless, neither those descriptions nor any oral statements made by Owner/Seller or Constableville Auction Hall, LLC concerning any items or lots shall be construed as a warranty either express or implied. ITEMS AND LOTS ARE SOLD AS IS - WHERE IS and WITH ALL FAULTS. Bidder acknowledges that all items and lots were available for inspection prior to the auction and, by these terms, Constableville Auction Hall, LLC and Owner/Seller strongly encouraged Bidder to carefully inspect each item or lot to determine the nature, quality, condition, quantity and size of the item or lot. Bidder relied solely on personal inspection and not on information listed on the Site or otherwise provided by Constableville Auction Hall, LLC or Owner/Seller. The IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, ARE SPECIFICALLY EXCLUDED from this sale and transaction and shall NOT apply to the merchandise that is the subject of these sales. Constableville Auction Hall, LLC does not have control over the items or lots that are posted in the Site, and cannot guarantee the authenticity and quality of said product. Auctioneer is not responsible for the actions the Sellers and Buyers take before, during, and after the auction. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. Constableville Auction Hall, LLC is an Auction Company and is in no way a Mechanic or Repair Company. Bidder acknowledges that any items with a motor (i.e. Vehicles, Lawn & Garden Equipment, Etc.) are as best as can be described at the time of the Auction. No warranty is made for the operability of the items sold. Bidders are encouraged to preview the items prior to bidding. As a Bidder, placing a bid is a binding contract between you and the Owner/Seller and the bid cannot be retracted. Once you place a bid, and if you win, you will be obligated to buy the product at the said price you indicated as your bid. Placing a bid, and winning, then not paying for the product is illegal in most states, and prosecution can result. The Owner/Sellers of property sold reserve the right to reject any and all bids, in their sole discretion. Bidder shall assume all items are with reserve unless otherwise stated. The content of the Site is for your personal, noncommercial use. Content copied, downloaded or printed must retain all the copyright, trademark and other proprietary notices. For commercial use of any portion of the contents you must secure the written consent from Constableville Auction Hall, LLC. Your use of the Site is at the sole discretion of Constableville Auction Hall, LLC, who may deny you further use of the Site at any time, for any reason, with or without cause. Your use of the Site does not entitle you to continued use of the Site. Your use of the Site must always comply with applicable law. In particular, but without limitation, you agree and represent not to use the Site to: impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity; upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; upload, email or otherwise transmit any message that could be construed as spam or compile a list of email addresses of users of this Site for the purpose of solicitation; upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; or upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware or telecommunications equipment. Constableville Auction Hall, LLC makes no representation regarding accessing the materials on this Site from jurisdictions where their contents are illegal is prohibited. Those users who choose to access this Site from other locations do so at their own risk and are responsible for compliance with local laws and regulations. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass any code which may be included to prevent you from breaching the obligations in this paragraph or to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our or our host's infrastructure. A Bidder will be suspended or permanently banned from the Site for providing false or fraudulent information when registering. A Bidder will be permanently banned from this Site for failing to honor an auction bid made under that Bidder's bid number. The Site may contain links to third party websites. Those links are not intended to state or imply that Constableville Auction Hall, LLC sponsors, is affiliated or associated with, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. [Constableville Auction Hall, LLC is offered no compensation or remuneration from the organizations linked to the website.] Constableville Auction Hall, LLC makes no warranties, explicit or implied, regarding the performance of the links, the performance of the outside sites or the contents of the outside sites. If you decide to access linked third party websites, you do so at your own risk. You agree to defend, indemnify and hold completely harmless Constableville Auction Hall, LLC and its affiliates from and against any and all claims, damages, costs, and expenses, including without limitation claims based upon the negligence of Constableville Auction Hall, LLC, arising from or related to your use of the site, the materials it contains, and any sites linked to this site. Constableville Auction Hall, LLC makes no warranty that: your use of the site will be uninterrupted, timely, secure, or error-free, the results that may be obtained from the use of the site will be accurate or reliable, or the quality of any information or other material obtained by you through the site will meet your expectations. Any material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk and 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. No information, whether oral or written, obtained by you from Constableville Auction Hall, LLC or through this site shall create any warranty not expressly stated in this agreement limitations and exclusions of liability you expressly understand and agree that Constableville Auction Hall, LLC 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 Constableville Auction Hall, LLC has been advised of the possibility of such damages), resulting from: the use or the inability to use the site; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on the site; or any other matter relating to the site. If you are dissatisfied with the site, or any of the information contained thereon, or refuse to abide by this agreement, your sole and exclusive remedy is to discontinue your use. Notwithstanding the foregoing, Constableville Auction Hall, LLC's liability to you shall in no case exceed $100. You further agree not to join in any lawsuit with another person or serve as a class representative of any class action lawsuit against Constableville Auction Hall, LLC arising out of the use of the site. Additionally, you agree to hold Constableville Auction Hall harmless from any and all claims arising out of any dispute between a buyer, seller or any other user of this Site. We serve as a venue to facilitate transactions between buyers and sellers. In no way shall Constableville Auction Hall, LLC be liable for improper use of the Site and its services by users. In case of any errors or malfunctions of hardware or software, Constableville Auction Hall, LLC reserves the right to cancel any transaction even if you have received confirmation of the transaction by email. We strive to make this system as stable as possible, however errors and equipment malfunctions are possible and may happen without notice. We cannot and will not guarantee uninterrupted access to the Site or its services. Constableville Auction Hall, LLC shall not be held liable for any representations on third party sites in relation to the information provided in this site. The Site is protected by copyright, trademark, trade dress and other intellectual property rights. Constableville Auction Hall, LLC grants you a personal, revocable, non-transferable, and non-exclusive right and license to use the object code of the Site on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software for the Site except and only to the extent that such activity is permitted by applicable law notwithstanding this limitation. The logos, and other service marks and service names of Constableville Auction Hall, LLC ("Marks") are owned or licensed by Constableville Auction Hall, LLC. You agree not to copy, display or otherwise use any of the Marks without the prior written permission of Constableville Auction Hall, LLC. Notwithstanding the foregoing, the Marks may not be used in any manner likely to cause confusion, disparage or dilute these marks and/or in connection with any product or service that is not authorized or sponsored by Constableville Auction Hall, LLC. The entire Site, including but not limited to images, illustrations, are Copyright 2018, Constableville Auction Hall, LLC. All rights reserved. The copyrighted and proprietary property of Constableville Auction Hall, LLC may not be duplicated or used without Constableville Auction Hall, LLC's express prior written consent. Our users are given the opportunity to 'opt-out' of having their information used for purposes not directly related to the Site at any point where we ask for the information. Users who no longer wish to receive e-mail which Constableville Auction Hall, LLC may send, may opt-out of receiving these communications by replying with the term "unsubscribe" in the subject line of the email or by emailing Constableville Auction Hall, LLC at constablevilleauctionhall@gmail.com. Constableville Auction Hall, LLC may update, revise, supplement, modify or amend this Agreement at any time. Any updates, revisions, supplements, modifications or amendments shall be effective immediately. You agree that you will be bound by this Agreement, however and whenever it is updated, revised, supplemented, modified, or amended, whether you have actual or constructive notice of. This Agreement constitutes the entire agreement between you and Constableville Auction Hall, LLC with respect to your use of the Site. There are no other representations, warranties, terms, agreements or conditions, either written or oral, with respect to your use of the Site except as set forth in this Agreement. Constableville Auction Hall, LLC is licensed only in the State of New York and this Web site (excluding linked sites) is controlled by Constableville Auction Hall, LLC from its offices within the State of New York, United States of America. The Site can be accessed from all 50 states, as well as from other countries around the world. As each of these jurisdictions has laws and regulations that may differ from those of New York, by accessing this Web site both you and Constableville Auction Hall, LLC agree that the statutes and laws of the State of New York, without regard to conflicts of laws principles thereof, will apply to all matters relating to use of this Site (whether grounded in tort, contract, law or equity). In the case of a dispute, any lawsuit or other legal proceeding between the parties shall be brought only in the civil district courts of Lewis County, New York, or the United States District Court.. You hereby irrevocably and unconditionally consent to the jurisdiction of any such courts and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto. Constableville Auction Hall, LLC may terminate your right to use this Site, with or without cause at any time in its sole discretion, including, without limitation, your violation of this Agreement, failure to provide accurate registration data, and lack of use. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive. Buyer will receive an invoice via electronic mail after the close of the auction. Payment for purchases must be made by cash, Visa, MasterCard, or Discover, unless otherwise noted in a specific auction's terms and conditions. Any item or lot not paid for in full by the stated deadline will resort to suspension or permanent ban of bidder number. Ownership of your items will revert to Owner/Seller who may re-sell or dispose of items at Seller's discretion. If an auction item receives a bid in the last minute, the ending time for that auction will automatically be extended by one minute. Once one minutes have passed without any bidding, the item will close. This feature prevents "sniping" and allows all bidders an equal opportunity to be the high bidder if they so choose. If you have a comment, question or request, or if you need to contact Constableville Auction Hall, LLC for any other reason, there are three easy ways to do so. E-mail: You can e-mail at constablevilleauctionhall@gmail.com Telephone Number: You may call us at 315.397.8010. If you call after normal business hours, please leave a message and your telephone number. We will get back to you as quickly as possible. Normal office hours are Monday through Friday, 9:00 a.m. to 5:00 p.m. Eastern Time. U.S. Mail: Send mail to Constableville Auction Hall at: 3132 Main Street, Constableville, NY 13325. Any verbal or written communcation stated at or prior to the auction by the Auctioneer takes presedence to any aformentioned Terms & Conditions.