Lot # : 50 - MAC Tools Special Edition Roll Around Tool Cart

Bidder Terms and Conditions Kirkpatrick Land & Estate Auction 23775 Dodds Road Bend, Oregon Auction bidding ends Aug 15 Auction preview Aug 10 9AM-4PM Live Preview and Open House informations TBD *Load out Starts on the Saturday after the Auction closes and ends on Wednesday after auction closes (Any other load out will be charged to buyer) Live / Absentee / Online Auction ~UNPAID AND UNPICKED UP ITEMS AFTER (TO BE DETERMINED) WILL BE DEEMED ABANDONED~ *NO EXCEPTION* This auction is conducted by Western Auctions Solutions LL (Auction Firm) and Teri McKenzie Real Estate (Auctioneer) on behalf of the owners of the property referred to as the (Seller). Auctioneer is not responsible for the acts of seller or statements made by the seller before, during or after the auction. The act of submitting a bid shall constitute bidders acceptance of each and every term and conditional contained in these terms and conditions and shall represent intent to purchase between bidder, listing agent and/or auctioneer For personal property these Bidder Terms and Conditions apply to auctions conducted by Western Auction Solutions LLC, Romey Bromwich, Auctioneer, having a business address at 4250 Lone Pine Rd, Redmond,Oregon 97756 (“Auction Firm”), and constitute a legal, valid, binding, and enforceable contract between Auction Firm and each Bidder. These bidder terms and conditions also form the basis for the contract of sale between the Seller and the Buyer. For the purposes of these Bidder Terms and Conditions, the term “YOU” refers to each Bidder (as defined below). Buyers Premium Real Estate 3% Buyer’s premium to be paid directly to “Auction Firm” at close of Auction and will not be included in the final sales price of subject property. Personal Property 15% Online Personal Property : Terms: Cash, LOCAL (within 30 miles) Check up to $1500, Wire Transfer with $10 Charge, CC with 3.2% fee on location, 3.5% fee remote payment (Card Not Present),Certified Bank Check Real Estate: Payment terms. Within 24 hours of confirmation of the winning bid, a Fully Executed Purchase Agreement and Earnest Money Deposit must be received. Earnest Money Deposit must be a minimum of 5% of the final purchase price and paid in the form of a Cashier’s Check or Certified Check drawn on a US Bank or by wire transfer directly to the specified title company as outlined in the lot description and Multiple Listing Service information Winning bids made online MUST follow the online terms,conditions and buyers premium with NO exceptions. Shipping and handling MAY BE available (lot dependent) through UPS on many items. Check the individual item or email to confirm BEFORE you bid on it. Items that MAY BE be shipped via THE UPS Store 946 SW Veterans Way #102, Redmond, OR 97756 or via Shipping Sait. Shipped items will be charged hammer price including BP and a second charge for shipping and handling prior to shipping with $5 handling fee per lot. All Items will have UPS standard Insurance ($100) with additional insurance at bidders request. 1. Bidder Terms and Conditions; Posted Terms; Announcements at the Time of the Auction; Agreement to Be Bound. The Auction is conducted under and in accordance with these Bidder Terms and Conditions and any and all other terms and conditions posted on the Auction Firm website(s) and on the websites of any Online Auction Platform Provider(s) used by Auction Firm. The Auction is subject to any announcements or corrections by Auction Firm and/or Realtor. By participating in the Auction in any way, YOU agree to be bound by, and to abide by, these Bidder Terms and Conditions. 2. Definitions. The following definitions apply to these Bidder Terms and Conditions: “Auction” means an online and/or simulcast auction sale conducted by Auction Firm. “Auction Firm” means Western Auction Solutions LLC, Romey Bromwich Auctioneer, Auction Firm. "Bidder" means any person or entity, and the agents or representatives of any such person or entity, that registers, and/or bids, and/or buys, and/or otherwise participates in the Auction (including, without being limited to, inspection and/or pick-up), regardless of whether such person or entity tenders a bid. "Bidder Account" means the number or other identifier issued by Auction Firm to a Bidder. "Bidder Registration" means the information provided by a prospective Bidder, and the process of registering such prospective Bidder to bid at the Auction, including the prospective Bidder's agreement to be bound by these Bidder Terms and Conditions. "Bidder Terms and Conditions" means these Bidder Terms and Conditions. "Buyer" means the Winning Bidder on a Lot. "Buyer's Premium" is an amount with respect to each Lot, calculated as a percentage of the Hammer Price, that is payable by the Buyer to Auction Firm for its own account. "Contract Price" means an amount equal to the Hammer Price plus the Buyer's Premium. "Fall of the Hammer" means the point, after bids have been received, at which Auction Firm declares a Lot "sold" to the Bidder acknowledged by Auction Firm as having made the Winning Bid. During an online ONLY Auction, the Fall of the Hammer will occur electronically at the end of timed (or extended) bidding. During simulcast ending of sale will be by either Auctioneer verbally or Clerk electronically. "Hammer Price" means the High Bid amount recognized by Auction Firm with the Fall of the Hammer. "High Bid" means the amount recognized by Auction Firm as the highest bid at the conclusion of bidding on a Lot. "High Bidder" means the Bidder recognized by Auction Firm as having made the High Bid on a Lot. "Lot" means each individual item or grouping of personal property put up at one time by Auction Firm. "High Estimate" means an amount that Auction Firm anticipates that a Lot may bring at the high end of a spectrum of possible bids. The High Estimate, if used, is not a valuation or appraisal, and cannot be relied on as such "Low Estimate" means an amount that Auction Firm anticipates that a Lot may bring at the low end of a spectrum of possible bids. The Low Estimate, if used, is not a valuation or appraisal, and cannot be relied on as such. "No Sale" occurs if a Lot is put up at the Auction but is not sold, and Auction Firm passes on such Lot, withdraws the Lot, or declares a No Sale of the Lot. "Online Auction Platform" means any hardware and/or software utilized to conduct the Auction online and to facilitate online bidding, including any associated, adjunct, and/or complementary websites, services, premiums, and promotions. Auction Firm may utilize one or more Online Auction Platforms. "Online Auction Platform Provider" means the provider of an Online Auction Platform and related services. Auction Firm may utilize one or more Online Auction Platform Providers. "Online Bidding Period" means any established period during which online bids may be tendered. “Private Sale” means an event in which a Lot is sold (or gifted) by the Seller, or on the Seller’s behalf, other than at the Auction. “Private Sale Price” means the fair market purchase price of a Lot paid, or agreed to be paid, at a Private Sale in an arms-length transaction between the Seller and the purchaser. If a Lot is sold through a Private Sale for less than its fair market value, or in a transaction that is not an arms-length transaction, or is gifted by the Seller, the Private Sale Price will be an amount equal to the fair market value of the Lot in an arms-length transaction. "Reserve" or "With Reserve" means that property put up at auction may be withdrawn by Auction Firm and/or bids may be rejected by Auction Firm prior to the Fall of the Hammer. It is not necessary for there to be a Reserve Price for an Auction to be With Reserve. UNLESS SPECIFICALLY AND EXPRESSLY STATED OTHERWISE BY AUCTION FIRM IN WRITING, ALL LOTS ARE BEING SOLD WITH RESERVE. "Reserve Price" means the minimum price that Seller is willing to accept for a Lot. If a Lot put up With Reserve is subject to a Reserve Price, the Lot will not be sold unless the Reserve Price is met or waived. It is not required for any Reserve Price to be disclosed. "Winning Bid" means the highest bid received and accepted (and if Subject to Seller's Confirmation, confirmed by Seller). "Winning Bidder" means the Bidder who is recognized by Auction Firm as having made the Winning Bid. "Without Reserve" means Absolute. 3. Auction Closing Date. (View Auction Information) In the event of absentee auction bidding, please USE YOUR MAX BID FEATURE. Your Max bid will be used as a registered bid during live auction by the Auction company on your behalf. 4. Bidder Registration; Bidder Qualification. YOU must register to bid. Auction Firm may establish such Bidder Registration requirements and Bidder qualifications as Auction Firm determines, in its discretion, to be reasonably necessary or appropriate. In order to register to bid, YOU must provide such information as requested by Auction Firm and/or Realtor, including YOUR name, address, telephone number, email address, and a valid credit card number. YOUR address on the registration must match the address on file with your credit card company. Additionally, proof of funds or pre-approval letter from a qualified lending institution in an amount sufficient to support your maximum bid must be provided to within 24 hours prior to the start of bidding Teri McKenzie 503-302-9901 Real Estate . Auction Firm and or Reraltor may refuse to accept a Bidder Registration from any potential Bidder, may refuse to grant bidding privileges to any potential Bidder, and may revoke the Bidder Registration or bidding privileges of any Bidder. By registering to bid, YOU represent to Auction Firm that, if YOU are a natural person, YOU are at least eighteen (18) years of age and that YOU are otherwise legally able to enter into a contract. Each entity registering to bid represents that it has the power and authority to register, to bid, and to complete the purchase transaction if it is the Winning Bidder. YOU acknowledge and agree that YOU have read, understand, and agree to be bound by, these Bidder Terms and Conditions, any and all other terms and conditions posted on the Auction Firm website(s), and the terms and conditions posted on the websites of any Online Auction Platform Provider(s) used by Auction Firm. Auction Firm and or Realtor may, in its absolute discretion, receive bids from a person or entity that has not registered to bid, and/or who has not satisfied all requirements for Bidder Registration, and/or that has not previously been granted bidding privileges, and, by bidding, such person or entity will be bound by these Bidder Terms and Conditions, any and all other terms and conditions posted on the Auction Firm website(s), and the terms and conditions posted on the websites of any Online Auction Platform Provider(s) used by Auction Firm. Bidder qualification provisions are intended for the benefit of Auction Firm and its Seller(s), and create no rights or interests in any other persons, including competing Bidders. Auction Firm and/or its Seller(s) may (but will not be required to) waive any Bidder qualifications, either globally or on a case by case basis. 5. Auction Conducted in the State of Oregon. The Auction is conducted in the State of Oregon. All property offered for sale in the State of Oregon, and will be sold and or picked up in the State of Oregon.or any repective state. Not withstanding YOUR physical location, these Bidder Terms and Conditions are entered into in the State of Oregon unless otherwise noted, all bids and payments are received in the State of Oregon, and all contracts between Seller and Buyer are formed and entered into in the State of Oregon, and all Lots will be picked up or shipped from the State of Oregon. 6. Buyer's Premium. A Buyer’s Premium, or Buyer’s fee, will be charged on all Lots. The Buyer's Premium, which will be paid by the Buyer to Auction Firm for its own account, will be calculated as a percentage of the Hammer Price for each Lot, and will be added to the Hammer Price to determine the final Contract Price. The ONLINE Buyer's Premium will be 15 percent (15.0%) of the Hammer Price for each Lot, Real Estate 3% unless otherwise noted and is earned by (and may be retained by) Auction Firm with the Fall of the Hammer. 7. Access to Online Auction Platform; Premises. YOU assume all risks associated with YOUR access to the Auction, including the Online Auction Platform, the premises of Auction Firm, and any other physical location associated with Auction Firm or the Auction. Any person may be denied access to the Auction, the Online Auction Platform, and the premises of Auction Firm or any other physical location associated with Auction Firm or the Auction. 8. Nature of the Auction. Unless expressly stated otherwise in writing, the Auction will be With Reserve. Auction Firm may Withdraw any Lot prior to the Fall of the Hammer on such Lot. 9. No Bid Retraction. YOU may not retract a bid that has been acknowledged by Auction Firm and or Realtor or that has been submitted online. YOU acknowledge and agree that Auction Firm is acting in reliance on tendered bids in the conduct of the Auction, and that bid retraction is disruptive and interferes with the Auction, and that, as an inducement for Auction Firm to accept YOUR Registration and to grant YOU bidding privileges, and for YOU to bid at the Auction, YOU agree not to withdraw or to attempt to withdraw any bid tendered by YOU. 10. Posted Times. All times are based on the Pacitic Standard Time Zone. Posted closing times and time displays are approximate. Auction Firm reserves the right, in Auction Firm’s sole and absolute discretion, to close early or extend the Auction. 11. Handling of Online Bids; Maximum Bid Amounts. YOU may establish a maximum bid amount. Online Bids will ordinarily be initiated at an established opening bid amount or at the next bid increment, which amount may be less than YOUR maximum bid amount. Online bids will automatically be executed competitively up to the Fall of the Hammer (or other termination of the bidding). The receipt and execution of online bids will not create an agency relationship between Auction Firm or Realtor and YOU. 12. Bid Increments. Auction Firm or Realtor may establish bid increments, and may modify or change, bid increments. 13. Buying Multiples (X THE MONEY). When bidding on multiples of an item in a single lot, you are bidding the price for one (1) item x the number of items indicated. Example: x5 = your bid price x that same price for 5 items. 14. Relationship of the Parties. Auction Firm is the agent of the Seller(s), and represents the Seller(s) exclusively. Auction Firm is not YOUR agent or representative, and is not acting on YOUR behalf. In the event of real estate sale Teri McKenzie Real Estate is the sole auctionner and Western Auction Solutions is hired bidding platform. 15. Winning Bid; Buyer. The Bidder making the Winning Bid for any Lot, will be the Buyer of the Lot on final certification by Auction Firm. The final determination of the Winning Bidder is subject to certification by Auction Firm. At the conclusion of the Auction YOU should receive an email with an invoice advising YOU of the items won. Winning Bidders will receive an email only. YOU are responsible for checking YOUR email account. 16. Records. Absent clerical errors, the records of Auction Firm and or Realtor will be final and conclusive for all purposes. 17. Technology Disruptions. Auction Firm will not be responsible for technology disruptions, errors, or failures (including disruptions to bidding or the failure to execute, recognize, or record online bids), whether caused by (i) loss of connectivity, breakdown, disruption, or failure of the Online Auction Platform, (ii) errors in programming or set-up of the online Auction, (iii) breakdown, disruption, or failure of a Bidder's internet connection, computer, or system, or (iv) otherwise. Auction Firm may, but will not be required to, continue, suspend, delay, extend, reschedule, close, re-set, or re-start the Auction because of disruptions caused by technology failures or errors, even after bidding has commenced. 18. Failures by Online Auction Platform Provider and its Affiliates or Contractors. Auction Firm may use an Online Auction Platform Provider to facilitate the Auction. Under no circumstances will Auction Firm be liable for any failure of the Online Auction Platform Provider to perform all or any of its obligations, or for the failure of any affiliates, employees, agents, representatives, or contractors of the Online Auction Platform Provider to perform their obligations. 19.Local firearms (Local resident pickup) sales will be though onsite FFL dealer with to include ground fee set by FFL dealer. 20. Disclaimer Regarding Online Auction Platform(s). Auction Firm or Realtor makes no representations or warranties, and disclaims all representations and warranties, (i) that any Online Auction Platform(s) or any related website(s) or technology will be uninterrupted, error free or virus free, (ii) as to the results that may be obtained by using any Online Auction Platform(s) or any related website(s) or technology, or (iii) as to the accuracy, completeness, reliability, security, or current nature of any Online Auction Platform(s), or any related website(s) or technology. 21. Responsibility for Online Bids. YOU are responsible for all bids transmitted from YOUR computer or from YOUR Bidder Account. If a Winning Bid is sent from YOUR computer or using YOUR Bidder Account, YOU will be the Buyer on certification by Auction Firm. 22. All Property Sold "AS IS", "WHERE IS", and "WITH ALL FAULTS". ALL PROPERTY IS BEING OFFERED AND SOLD IN ITS “AS IS/WHERE IS” CONDITION AT THE TIME OF THE AUCTION, WITH ALL FAULTS, INCLUDING ANY HIDDEN DEFECTS OF ANY NATURE. NEITHER AUCTION FIRM NOR ANY SELLER MAKES ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE NATURE, VALUE, SOURCE, AUTHENTICITY, FITNESS, MERCHANTABILITY, AND/OR ANY OTHER ASPECT OR CHARACTERISTICS OF SUCH PROPERTY. NO STATEMENT ANYWHERE, WHETHER EXPRESS OR IMPLIED, INCLUDING VERBAL STATEMENTS MADE BY AUCTION FIRM, WILL BE DEEMED A WARRANTY OR REPRESENTATION BY AUCTION FIRM OR ANY SELLER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO WARRANTIES OF TITLE, NON-INFRINGEMENT, AUTHENTICITY, ORIGIN, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU CANNOT RELY ON, AND YOU HAVE NOT RELIED ON, ANY REPRESENTATION, WARRANTY, OR GUARANTY MADE BY ANY SELLER OR ANYONE ACTING AS AGENT OF A SELLER (INCLUDING AUCTION FIRM), ORALLY OR IN WRITING, ABOUT ANY LOT. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE HAD A FULL AND FAIR OPPORTUNITY TO INSPECT ALL LOTS, AND THAT YOU ARE RELYING SOLELY ON, OR HAVE WAIVED, YOUR INSPECTION AND INVESTIGATION (i) IN DETERMINING WHETHER TO BID, (ii) IN DETERMINING THE AMOUNT OF YOUR BID(S), AND (iii) IN BIDDING. IT IS YOUR RESPONSIBILITY TO DETERMINE CONDITION, AGE, GENUINENESS, VALUE, OR ANY OTHER DETERMINATE FACTORS REGARDING ANY LOT ON WHICH YOU BID. 23. Bidder's Inspection; Adequacy of Description and Images. YOU are encouraged to inspect the Lot(s), or to have the Lot(s) inspected by YOUR agent or representative before bidding. By bidding, YOU acknowledge and agree that YOU have had a full and fair opportunity to inspect the Lot(s), and that YOU are relying solely on YOUR inspection and investigation, or that YOU have waived inspection and investigation, and that you have not relied on any statement, representation, warranty, or guaranty made by any Seller or anyone acting as agent or representative of a Seller (including Auction Firm), and any photographs or other images of Lot(s) are adequate for YOUR purposes. In the event no preview is available YOU are bidding with the knowlege that said bid is based from either YOUR visual photo inspection and description. CAUTION: Always read the item description. Varied equipment may be joined for demonstration purposes. Do not assume a lot consists of more than one item simply because they may be connected or pictured together. Please inspect the lot numbers and read the descriptions. YOU are bidding on the described item not the photo – occasionally, the wrong photo is displayed ALWAYS READ THE LOT DESCRIPTION. 24. Description of Property. Unless otherwise expressly stated in writing, any description of a Lot is based solely on visual impression, and is given solely for identification purposes, and does not create any warranty, expressed or implied, or representation by Auction Firm. 25. High and Low Estimates. If and to the extent that High Estimates and Low Estimates are used, they are merely a guide. You may not rely on High Estimates or Low Estimates as a prediction of the Hammer Price or the value of any Lot, or for any other purpose. High and Low Estimates are not a guaranty of price or value, and are not an indicator of the possible re-sale value of any Lot. High Estimates and Low Estimates do not include the Buyer’s Premium. 26. Announcements. Announcements made, or posted, by Auction Firm or Realtor on the day of, or during, the Auction are binding and take precedence over any prior advertisements or listings. Auction Firm reserves the right to (i) add or remove Lots, (ii) split or combine lots, (iii) add minimum bids or reserve prices, (iv) cancel, suspend, extend or reschedule any Lot or the Auction in its entirety, and make changes to the Auction closing times and/or inspection and/or removal times. 27. Bidding by or on Behalf of Seller(s). Seller(s) may bid directly, or indirectly, on any Lot, and Auction Firm may place bids on a Seller's behalf up to the Reserve Price, if any. 28. Conduct of the Auction. Auction Firm will regulate all matters relating to the conduct of the Auction and the decisions of Auction Firm will be final and binding. Auction Firm and or Realtor will have control over bidding, and Auction Firm will resolve any and all disputes. Auction Firm may, in Auction Firm’s sole and absolute discretion, reopen the bidding (but will not be required to) if (i) a bid was tendered prior to the fall of the Hammer but went unnoticed by Auction Firm until called to Auction Firm’s attention after the Fall of the Hammer or other termination of the bidding, or (ii) a technology disruption, failure, or error, caused a bid that was tendered, or attempted to be tendered, prior to the hammer from being received or recognized, or (iii) some other error or dispute occurs. Any contracts formed with the Fall of the Hammer will be subject to the conditions set forth in this Section. If bidding is reopened, the High Bid recognized by Auction Firm prior to the reopening of the bidding will be held, and may not be retracted, and, if no further bids are received, such bid will be the Winning Bid. 29. Contract of Sale for Personal Property. No additional or further writing will be required to evidence the existence of a contract of sale for any Lot sold at the Auction regardless of the Hammer Price, and these Bidder Terms and Conditions, together with the records of Auction Firm identifying the Lot, the Hammer Price, and the Buyer, will be conclusive evidence as to the terms of the sale. These Bidder Terms and Conditions will be incorporated into and made a part of each contract between a Buyer and a Seller. 30. Payment. All Lots must be paid for in-full within _______ (_72_) hours after the close of the Auction. Online purchases must be paid by credit card, certified funds, or by wire transfer; provided, however, that any online purchases in excess of FIFTEEN HUNDRED ($_1,500__) must be paid by cash,certified funds or wire transfer including transaction fee unless other arrangements acceptable to Auction Firm are made. After the 72 Hour deadline YOUR credit card on file used for registration will/maybe automatically be charged unless arrangments are made by YOU to pay in person. *INFORMATION ON CREDIT CARD MUST MATCH REGISTRATION* Real Estate Payment terms. Within 24 hours of confirmation of the winning bid, a Fully Executed Purchase Agreement and Earnest Money Deposit must be received. Earnest Money Deposit must be a minimum of 5% of the final purchase price and paid in the form of a Cashier’s Check or Certified Check drawn on a US Bank or by wire transfer directly to the specified title company as outlined in the lot description and Multiple Listing Service information. 31. Declined Credit Card. If your credit card is declined at reconciliation for any reason whatsoever, YOU will be charged a $10 processing fee to run another credit card or to run same card at a later time. 32. Title. If YOU are certified as the Winning Bidder on a Lot by Auction Firm, YOU will be contractually obligated to pay the Contract Price for that Lot. However, title and ownership of the Lot will not pass from the Seller to YOU until payment is made and clears. 33. Delivery; Sales Tax. All Lots will be delivered to YOU at Auction Firm’s location in the State of Oregon, or at such other location within the State of Oregon as indicated in the Auction listing. YOU may designate, appoint, and empower an agent to accept delivery of YOUR purchases in the State of Oregon and to arrange for shipment of YOUR property to a location designated by YOU. Unless an exemption applies, all purchases are subject to YOUR state, county, city sales tax, and any applicable local sales tax charged by a municipality within the YOUR. Sales tax will be collected at the point of sale and remitted to YOUR applicable local taxing authorities. The foregoing notwithstanding, if another jurisdiction or taxing authority (including, without being limited to, the jurisdiction in which YOU reside, conduct business, or maintain the Lots purchased by YOU) requires the collection and remittance of sales tax, use tax, or a similar tax, YOU will be responsible for payment of an amount equal to such tax. If it is determined that sales tax is collected and paid to the wrong taxing authority, YOU and Auction Firm will cooperate in efforts to obtain a refund of such tax. 34. Pick-up and Removal; Shipping; Insurance. YOU are responsible for pick-up and removal of Lot(s) purchased by YOU. Pick-up and removal dates and times will be stated on YOUR invoice and may also be posted on Auction Firm’s website. Unless otherwise agreed, YOU are solely responsible for the disassembly, rigging, removal, shipping, and transportation of each Lot purchased by YOU. Disassembly and removal must be done in a workman like manner, and YOU will indemnify and hold harmless both Auction Firm and Seller(s) against any and all damage caused by YOU or YOUR employees, agents, representatives, or independent contractors in connection with the disassembly or removal of any Lot(s). Any and all damage, including, without being limited to damage to land or buildings, caused by YOU or by YOUR employees, agents, representatives, or independent contractors, will be repaired by YOU, or at YOUR expense, to the satisfaction of Auction Firm and Seller(s). YOU are responsible for insuring all Lots purchased by YOU. If a Lot is not available for pickup, the YOU must notify Auction Firm’s on-site staff and file a claim by replying to your original emailed invoice noting what was not available within 24 hours of the pickup date; after 24 hours of the close of the removal period, no adjustment or refund will be made. Any Lots shipped to YOU will be via a shipment contract free on board at Auction Firm’s location in the State of Oregon or at such location within the state of items location as indicated in the Auction listing. Possession and risk of loss will pass to you at the point of shipment . Shipping of items, other than firearms is available on the following handling charge schedule, plus postage. Any claims after shippment is made will be between YOU and shipping company only. YOU AND/OR YOUR REPRESENTATIVE MUST HAVE PRINTED PAID INVOICE BEFORE LOTS ARE RELEASED. ID maybe requiredif you or your representative is not known by Auction firm or yard persons. 34A. Due to Covid/Corona Virus Contactless preview and/or pick up MAYBE available upon request. All State and Municiple social distancing orders apply. Auction firm may require limited an contactless preview and or pickup as deemed needed for the health and well being of Auction firm workers and general public. In some events auction maybe postponed or cancelled for safty and or other reasons. 35. Failure to Pick-up or Arrange for the Delivery; Abandoned Property; Storage. Any Lot(s) not removed within __________ (_12__) days after the Auction will be deemed abandoned to Auction Firm, even if paid for, and YOU will give up all rights with respect to such Lot(s). Subject to applicable law, beginning __________ (_12_) days after the Auction, and continuing until the removal or other disposition of any Lot(s) not been picked-up or removed, a storage charge in the amount of ______100_________ Dollars ($100.00) per day will accrue, and Auction Firm will have a possessory lien against such Lot(s) that may be executed on in order to satisfy such storage charges. Under any circumstances, YOU are responsible for the full Contract Price of all Lots on which YOU are the Winning Bidder. 36. Shipping of Firearms. All firearms must be shipped to an FFL (Federal Firearm Licensee) of the YOUR choosing, FFLs are easy to find (most gun shops will do this for you) and most charge a nominal fee for this service. No later than 2 days after the close of the Auction, the shipping address and a copy of the accepting FFL license must be sent to Auction Firm by via romey@westernauctionsolutions.com All firearms will be shipped with insurance covering the purchase price including Buyer’s Premium. A shipping and handling fee , plus postage, will be assessed to the buyer for each firearm shipped. The receiving FFL will, then, perform the transfer of the firearm to YOU including any required background checks, YOU are responsible for any fees assessed by the FFL. ** ALL FIREARMS WILL BE RUN THROUGH FFL AND COMPLY TO LOCAL, STATE, FEDERAL LAWS AND REGULATIONS. ** FIREARMS BACKGROUND CHECK AND PICK UP WILL BE AT Gunslingers LLC, 1754 SW Kalama Ave., Unit B, Redmond, OR 97741 FEE: 40.00 which includes the State Police Fee Online absentee bids will be placed on behalf of bidder during live auction. any failure for winning bidder to pass background check will be resubmitted, continued failure firearm ownership will revert back to Back up bidder or to Original Owner. Any FAILED background check fees and any fees deemed nessicary by Auction company will be forfit by YOU. All FFL background checks MUST be run in the name of the registered bidder creditcard, check or cash payer with no exceptions. NO STRAW PURCHASES 37. Ammunition. Ammunition WILL NOT be shipped under any circumstances. 38. All Sales Final. ALL SALES ARE FINAL. NO REFUNDS OR RETURNS. 39. No Credit Card Chargebacks. YOU agree that such YOU will not, under any circumstances, initiate a credit card chargeback with respect to any purchases at the Auction. YOU further agree that if, in violation of these Terms and Conditions, a credit card chargeback is initiated, these Bidder Terms and Conditions will be conclusive evidence of YOUR agreement not to initiate a credit card chargeback; and YOU acknowledge and agree that on the presentation of these Bidder Terms and Conditions to the bank, credit card company, or other financial institution that issued the credit card on which charges were made, such bank, credit card company, or other financial institution will reverse or deny any credit card chargeback, and will re-credit all amounts to or for the account of Auction Firm. If, in violation of these Bidder Terms and Conditions, YOU initiate a credit card charge back, even if successful, YOU will remain liable for all purchases made at the Auction, and YOU will be responsible for all costs and expenses, including attorneys' fees, incurred by or on behalf of Auction Firm and/or any Seller(s) in challenging the credit card chargeback and in collecting payment. YOUR agreement not to initiate a credit card chargeback is a condition to YOUR Registration as a Bidder, and for the privilege of bidding at the Auction, and is being made as an inducement for Auction Firm to accept YOUR Registration and to permit YOU to bid at the Auction. Auction Firm is relying on YOUR agreement not to initiate a credit card chargeback in accepting YOUR Bidder Registration and in permitting YOU to bid at the Auction. 40. Claims. Unless otherwise provided in writing, after a Lot has been shipped,picked-up or removed by YOU or on YOUR behalf, no claims or returns will be allowed and there will be no adjustments or rescissions. 41. Third-Parties and Subsequent Purchasers. Auction Firm has no relationship with any third-parties or subsequent purchasers of Lot(s), and no third-party or subsequent purchaser may rely on any statements or descriptions made by Auction Firm, nor will Auction Firm have any liability to such persons or entities. YOU agree to indemnify Auction Firm and to hold Auction Firm harmless from and against any and all claims made by third-parties or subsequent purchasers of any Lot(s) purchased by YOU. 42. Buyer's Remedies; Bidders/Buyers Not Entitled to Incidental or Consequential Damages. To the extent that YOU may be entitled to any remedies in connection with the Auction, the sole and exclusive remedy available to YOU is a return, from Seller, of (i) the Hammer Price actually paid, and (ii) an amount equal to the Buyer’s Premium. Under no circumstances will Auction Firm or the Seller be liable for incidental or consequential damages, including, without being limited to lost profits or reduced productivity. YOU, further, acknowledge and agree that YOU are not entitled to specific performance or other equitable relief. 43. Seller's Remedies. If YOU breach any obligations under these Terms and Conditions or under a contract with a Seller, such property may be re-sold and YOU will be responsible for any and all damages, including any deficiency or reduction in the Contract Price, along with incidental damages. 44. Private Sale. YOU agree not to enter into a Private Sale transaction with the Seller(s) of any Lot(s) prior to or during the Auction. If YOU enter into a Private Sale transaction with the Seller(s) of any Lot(s) prior to or during the Auction, or within __________ (_90_) days after the Auction (for any Lot(s) not sold at the Auction), Auction Firm will be entitled to receive an amount equal to its full Commission and Buyer’s Premium (calculated as a percentage of the Private Sale Price), together with reimbursable expenses; and YOU and the Seller will be jointly and severally liable to Auction Firm for the payment of such amounts. 45. Waiver. Certain provisions of these Bidder Terms and Conditions are for the exclusive benefit of Auction Firm,Realtor and/or Seller(s). Such provisions (including, without being limited to, Bidder registration and qualification requirements, payment terms, removal and delivery terms, and inspection terms) do not create, and will not be deemed to create, any benefits or rights in favor of any other persons, including competing Bidders, and may not be enforced by any other persons. Either globally or on a case by case basis Auction Firm and/or Seller may (but will not be required to) waive any provisions of these Bidder Terms and Conditions that are intended for the benefit of Auction Firm and/or Seller. 46. Indemnification. YOU agree to indemnify Auction Firm andor Realtor, and to hold Auction Firm harmless, with respect to any damages claimed in connection with the Auction or purchases made at the Auction and with respect to any subsequent sale of Lots. You also indemnify Auction firm ,seller or other buyers harmless with respect to YOUR wellbeing and health. 47. Email List; Agreement to Receive Email. YOU agree to be added to the email list maintained by Auction Firm. Each email Auction Firm sends will have an unsubscribe link at the bottom of the email. YOU agree not to report any email sent by or on behalf of Auction Firm as spam. 48. Governing Law; Dispute Resolution. This Agreement and its interpretations will be governed by the laws of the State of Oregon, including its statutes of limitation, but without regard to its rules governing conflict of law. Any suit relating to this Agreemen for personal property t will be brought in the Court of Deschutes county, Oregon or for Real Estate in to the county of Marion County Oregon. In any litigation or other legal proceeding which may arise between any of the parties hereto, the prevailing party will be entitled to recover its costs and expenses, including court costs and expenses incurred on appeal, and reasonable attorneys’ fees. YOU WAIVE THE RIGHT TO A JURY TRIAL. 49. YOU agree that any damages, accidents or mishaps before or during YOUR pickup, loadout or viewing are solely the responsibility of YOU the buyer/representative and or shipper and that in no way do you hold the Auction company,Realtor, Representatives or Owner of Auction Location for damages to items, limb or loss of life and any injury and further more YOU are solely responsible of damages of any kind incurred to others physical well being or property. YOU also agree items left after are solely the responability and laibility of winning bidder. 50. YOUR highest bid takes precidence be it online or live. Winning bids made online MUST follow the online terms,conditions and buyers premium with no exceptions. REAL ESTATE SPECIFIC 51. Payment terms. Within 24 hours of confirmation of the winning bid, a Fully Executed Purchase Agreement and Earnest Money Deposit must be received. Earnest Money Deposit must be a minimum of 5% of the final purchase price and paid in the form of a Cashier’s Check or Certified Check drawn on a US Bank or by wire transfer directly to the specified title company as outlined in the lot description and Multiple Listing Service information. 52. Purchase Agreement. Purchase Agreement to be presented as a legally binding contract on an acceptable Oregon Real Estate form. 53. Broker compensation. Commission will be offered to the Licensed Realtor in the State of Oregon representing a successful buyer in the amount as outlined in the Multiple Listing Service information at the time of closing. If the transaction does not close, under no circumstances will buyer broker compensation be paid. 54. Personal Property. No personal property shall be conveyed with the Property unless otherwise specified in the purchase agreement. 55. Closing. Closing will take place on a mutually agreed upon date as outlined in the purchase agreement. Closing will be handled by Title and Escrow company identified in the listing details and both parties shall be responsible for their respective portion of the costs associated with closing this transaction. 56. Possession. Buyer will receive vacant possession by 5pm on date of closing, or another date mutually agreed upon by both parties in the purchase agreement. 57. AS-IS Sale. Property is being sold AS-IS, seller to make no repairs. Buyer is responsible to perform all due diligence deemed necessary. Seller, Auctioneer, and Realtor make no representations or warranties of any kind, express or implied, as to the value, condition, or fitness of a property, environmental or otherwise. 58. Additional Documents. As a condition of closing, the Buyer may be required to sign certain disclosure documents. Buyer agrees to complete any documents and/or forms required for a real estate transaction in the State of Oregon.