Lot # : 1200 - (MD) 2017 BMW 320i xDrive

1. DEFINITIONS: The term "Seller" refers to the United States Marshals Service. The term "Auction Company" refers to RBEX Inc dba Apple Towing Co./Apple Auctioneering Co. The term "Authorized Agent" refers to RBEX Inc dba Apple Towing Co./Apple Auctioneering Co.'s prime contractors, sub-contractors and other authorized parties. The term "High Bidder" and "Buyer" refers to the successful highest bidder at the Auction. The term "Bidder" refers to any bidder at the Auction. The term "Auction" refers to the Seller's auction event presented by the Auction Company. The term "Property" refers to the assets (vehicles, vessels, and merchandise) to be bid at the Auction and sold to the High Bidder. The term "Contract" refers to the agreement between Buyer and Seller concerning the purchase of the Property. 2. GENERAL INFORMATION: By placing a successful bid at the Seller’s Auction, the Bidder (hereafter referred to as the "Buyer") forms a legally binding contract with the Seller. This contract is established when the Auctioneer announces the high bid amount and the associated bidder’s number or when an online bid is submitted. However, the final acceptance of the contract may be subject to the Seller’s approval. These Terms and Conditions govern the contract between the Buyer and Seller, any specific terms published for the auction, and applicable federal regulations governing the purchase of the Seller’s property. Upon winning the bid, the Buyer is legally obligated to pay the full amount for the property as per the terms of their bid. The Auction Company, in its role as the agent of the Seller, facilitates the sale but does not assume liability for the transaction between the Seller and the Buyer. 3. ELIGIBILITY OF BIDDER: 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 individuals under the age of 18 or to temporarily or indefinitely suspended members. The Bidder warrants that he/she is not: (i) Under 18 years of age; (ii) An employee of any department or agency of the Federal Government prohibited by the regulations of that agency from purchasing property sold hereunder; (iii) An agent or immediate member of the household of the employee in (ii) above; (iv) The contractor, subcontractor or vendor, their agent or employee who has access to information concerning the property to be sold at Seller's auctions that is not generally available to the public; (v) Presently debarred or declared ineligible for the award of contracts by any Federal agency in accordance with 41 CFR 101-45.6; (vi) Or the party or representing the party(s) from whom the property was seized and/or forfeited. 4. PROHIBITED BIDDER: The following persons shall be prohibited from purchasing property through the U.S. Department of Justice Asset Forfeiture Program (DOJ AFP) and are also, therefore, barred from placing bids to buy such property: (i). Defendants in Criminal Cases: The defendant from whom the property to be sold was forfeited. (ii) DOJ Employees and USMS Contractors: DOJ Employees who have not received a waiver from their agency pursuant to 5 C.F.R. § 3801.104(a) and USMS contractors who have not received a waiver. (iii) Civil Forfeiture Actions/Administrative Forfeiture: Any person whose conduct gave rise to a civil or administrative forfeiture of the property to be sold. (iv) Insider Knowledge: Any person who, by virtue of their association with the DOJ AFP, has acquired material, non-public, information about the property to be sold. (v) Law Enforcement: Federal, state, and local law enforcement officers who perform duties associated with the seizure and forfeiture of property in conjunction with DOJ. (vi) DOJ AFP Contractors: Contractors and subcontractors hired by or working with DOJ in the DOJ AFP or its agencies and their employees involved in the DOJ AFP. (vii) Other Third Parties: Any person, in the reasonable judgment of the USMS, in consultation with the United States Attorney’s Office or the Money Laundering and Asset Recovery Section, as appropriate, who may have received from a prohibited purchaser, material, non-public information, about the property to be sold, or whose purchase may give rise to the appearance of impropriety. (viii) Special circumstances may rebut the presumption, i.e., supersede the above determination, that someone is or is not a prohibited purchaser in one or more of the above categories, as determined by the USMS and the relevant U.S. Attorney’s Office (USAO), with the concurrence of its Ethics Officer, Office of General Counsel. 5. REGISTRATION: (a) CREATING A BIDDER ACCOUNT: In the menu bar, create an account by clicking "New Bidder." The username and password created will be utilized for all future online auctions. The information provided by the Bidder when setting up the online account will be the information automatically assigned on the title work. (b) FIRST-TIME BIDDER REGISTRATION AND APPROVAL: (i) IDENTIFICATION REQUIREMENT: All first-time bidders and new accounts must submit a valid copy of their driver’s license or government-issued identification as part of the registration process. This is a mandatory step to verify your identity and ensure the integrity of our auction platform. A link to submit identification is provided in the registration email, as well as LOT# 2 FIRST-TIME BIDDER REGISTRATION AND APPROVAL in the auction catalog, and here: https://appletowing.formstack.com/forms/identification (copy and paste into a web browser). Notice: If you do not register before submitting your identification, we have no way of approving your account once your identification is received. (ii) APPROVAL PROCESS: Once your identification is submitted, your registration will undergo a verification process. Approval to bid may take between 24 to 48 hours. You will receive a confirmation email once your registration is approved, at which point you will be eligible to participate in the auction. (iii) DENIED REGISTRATIONS: The Auction Company reserves the right to deny or delay approval for any registration that fails to meet our verification standards or raises concerns regarding the integrity of the auction process. (iv) ONGOING COMPLIANCE: Approved bidders may be required to update or resubmit their identification information if requested for further verification in the future. (c) ACCURATE ACCOUNT INFORMATION: Bidder must provide true, accurate, current, and complete information and maintain and promptly update the registration data to keep it true, accurate, current, and complete. If the Bidder chooses to title their purchases in a business name, the business name and address must be utilized. If the Bidder is registering as a business entity, the Bidder represents that they have the authority to bind the entity to these Terms & Conditions. Should the Bidder decide to title their purchases in their person's name, their account information will need to be updated to reflect the desired change prior to the auction closing. This also applies to a change of address or business. This is the responsibility of the Bidder prior to the auction closing. Once the auction closes, no changes will be made by the Auction Company. (d) FALSIFYING ACCOUNT INFORMATION: If the Bidder provides any information that is untrue, inaccurate, not current, or incomplete, or Auction Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Auction Company has the right to suspend or terminate the account and refuse any or all current or future participation. Falsifying bidder registration information is prohibited and will result in revocation of bidding privileges. Furthermore, any accounts that have provided fraudulent or falsified information will be reported to the Federal Trade Commission (FTC) for further investigation. (e) ACCOUNT RESPONSIBILITY: Bidder is responsible for all transactions on its account, including, without limitation, all bids placed by authorized bidders and bids submitted through the Auction Company's bidding platform. Accounts cannot be transferred. In the event of unauthorized use of Bidder's login information, Bidder is responsible for all bids. (f) VALIDATION: Upon initial registration, Bidder may be required to input a credit card number, but it will only be used to verify the Bidders' identity. There will be no additional registration fees. Any discrepancies between the Bidder's credit card information and their Bidder account information may prohibit participation. (g) APPROVAL TO BID: Seller and Auction Company reserves the right to accept or deny bidders for any reason or no reason at all with or without notice. (h) BIDDER ACCOUNT CANCELLATION: Auction Company reserves the right to suspend or revoke Bidder's bidding privileges for any reason or no reason at all with or without notice. 6. BID DEPOSIT: No bid deposit required. 7. PREVIEW AND INSPECTION: (a) GENERAL INFORMATION: Bidders are urged to inspect the Property prior to bidding. Failure to inspect shall not constitute cause for cancellation of the sale. Seller and/or Auction Company may, at its discretion, provide photographs of the Property as a courtesy to Bidders. Bidders are warned against bidding on any lot(s) based solely on the sample displayed or based on photographs. Seller and Auction Company makes no warranty in relation to these samples or photographs. (b) DATES & TIMES: Preview is by appointment only made directly with the Authorized Agent. Property is available for inspection only at places and times specified by the Seller and/or Auction Company and notated in each asset's description. Absolutely no access to the Property is allowed without prior Seller authorization. Preview after the authorized date/time is not available. (c) REQUIREMENTS: Prior to access into the venue, a copy of each attendants valid Driver's License will be obtained and retained. Passports and Identification Cards are acceptable. (d) PREVIEW POLICY & STANDARDS: (i) Bidders ARE authorized to 1) Start the vehicle but cannot put the vehicle into gear. 2) Pop the hood to check the fluids. 3) Check the air pressure in the tires (gauge not provided by Authorized Agent). 4) Check temperature of the A/C. 5) Use a paint meter magnet to test the thickness of the paint (not provided by Authorized Agent). 6) Take photos of the assets in the preview. 7) Scan the VIN number with smart phone apps. (ii) Bidders ARE NOT authorized to 1) Excessively rev the engine. 2) Excessively turn the volume up on the stereo system. 3) Enter the preview area with any large bags. 4) Enter the preview area with any electronic equipment used to diagnose or test the vehicles computer system. 5) Tamper with any fuses or components that would make the vehicle appear less valuable to other attendants. 6) Take photos of non-forfeited assets, or of the storage facility. (iii) Authorized Agents ARE NOT permitted to 1) allow access on any other date/time specified for the posted auction. 2) discuss their opinion on the vehicles condition. 3) provide specific details on engine types, specifications, or modifications. It is up to the attendant to make their own determination. 4) provide their opinion on the value of the vehicle, or what they believe it will sell for at auction. It is up to the attendant to make their own determination. 8. ADDITION OR WITHDRAWAL OF PROPERTY FROM SALE: The Seller and Auction Company reserve the right to add property to, or withdraw property from, the Auction at any time before or during the sale, for any reason, without prior notice. Neither the Auction Company nor the Seller shall be liable for any losses or damages resulting from such addition or withdrawal. 9. "AS-IS, WHERE-IS": (a) DESCRIPTIONS: These assets are auctioned off AS-IS, WHERE-IS, WITH ALL FAULTS, WITHOUT WARRANTY OR GUARANTEE EITHER EXPRESSED OR IMPLIED, AS TO AGE, YEAR OF MANUFACTURE, MAKE, MODEL, ODOMETER, CONDITION OR ANY OTHER SPECIFICATION, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. DESCRIPTIONS OF VEHICLES, WRITTEN, PUBLISHED, OR ORAL ARE FURNISHED AS A GUIDE ONLY. NO GUARANTEE AS TO THE ACCURACY OF THE DESCRIPTION IS MADE. The Auctioneer/Auction Company shall not be responsible for the correct description, authenticity, genuineness, or defect in any lot and makes no warranty in connection therewith. Any descriptions or representations are for identification purposes only and are not to be construed as a warranty of any type. No allowance, refund or set aside will be made on account of any incorrectness, error in cataloging, imperfection, defect, or damage. In addition, any statement that a vehicle starts means that the vehicle was started (with or without assistance) upon arrival during an initial inspection by an Authorized Agent. It is not a warranty or representation that the vehicle will start or run at any time thereafter or that the vehicle is roadworthy. (b) INSPECTION & DUE DILIGENCE: It is the sole responsibility of the Bidder to ascertain, confirm, research, inspect, and/or investigate any Property offered prior to placing a bid. Bidder expressly agrees not to base a bid or otherwise rely on any information provided by the Auction Company or any Authorized Agent. Information on conditions is limited and subject to change without notice. Bidders may obtain additional information by attending the live previews and visually inspecting the items. It is the responsibility of the Bidder to have thoroughly inspected the property and to have satisfied him or her as to its condition and value, and to bid solely based upon that judgment. (c) THIRD PARTY INFORMATION: Seller and Auction Company do not certify the accuracy of the information presented by any third-party company that assists in the sale and will not be responsible for any error or omission made on their behalf. (d) TITLE TRANSFER: Efforts have been made to ensure that the assets offered for sale should be acceptable for licensure, registration, and title action by the state Department of Motor Vehicles (DMV); however, despite all best efforts, some exceptions may arise. Therefore, the Seller and Auction Company make no representations, promises, or warranties regarding these assets and cannot guarantee registration or title issuance by the Department of Motor Vehicles (DMV) for any Property sold. (e) TITLE REMARKS: Some vehicles may have branded titles and or odometer discrepancies. Branded titles and odometer discrepancies, when known, are announced, included in the description, or noted on the vehicle. Absence of mention of branded titles or odometer discrepancies or remarks does not constitute any warranty or guarantee. (f) ACCIDENT HISTORY: Some vehicles may have accident history. It is the bidder's responsibility to gather and examine all available information pertaining to the vehicles history and conduct a thorough review prior to bidding. (g) RECALLS: The vehicles being auctioned may be subject to open recall notices. It is the Buyer's sole responsibility to check for and act upon any applicable recall notices. Certain parts subject to those recalls may still be present in the Property. Buyer assumes full responsibility to identify such recalls and will refrain from re-using or selling any part subject to such safety recalls. Failure to mention or absence of notice does not imply that a vehicle does not have an open safety recall and does not constitute any warranty, guarantee, or refund. Recalls and other vehicle safety information is available at the National Highway Traffic Safety Administration website, www.nhtsa.gov/recalls. (h) EMISSIONS: All emissions/ smog-related repairs are the sole responsibility of the Buyer. Seller does not accept responsibility for the failure of any vehicle sold, or the failure of a vehicle to meet safety standards or emissions control equipment regulations as set by any Federal, State, or local agency. Auction Company does not warrant or represent that vehicles currently meet or can be modified to meet local emissions and/or safety requirements. It is the express responsibility of the Buyer to comply with any safety or emission control equipment requirements prior to using any vehicle purchased. Seller may provide a passing smog certification as a courtesy to the Buyer. Please note the expiration on the smog certificate. If the Buyer is provided a passing smog certification, it does not imply or guarantee that the vehicle will pass a future emissions test. Purchases are "As-Is, Where-Is." 10. TECHNICAL BIDDING DETAILS: (a) SOFT CLOSE: All lots end with a "Soft Close." A "Soft Close" means that if any bid is placed within the last three (3) minutes of the close of the Auction, the bid will automatically extend the closing time an additional three (3) minutes. Example: If a bid is placed at two (2) minutes before close, it will extend the closing time to five (5) minutes. This feature protects Bidders from being outbid without the opportunity to be notified, and therefore allows a Bidder to place another bid before the close of the Auction. (b) PLACING A "MAXIMUM BID": Please be aware that when placing your "Maximum Bid", the website will bid on the Bidder's behalf at the preset bid increment until the Bidder's "Maximum bid" is exceeded. At that point, the Bidder will be notified that they have been outbid (if that option is selected when registering). High Bidder will only pay one increment more than the competing Bidder. Please watch the Auction's closing time stop-clock to determine exactly when the lot will close. (c) TIE BID PRECEDENCE: In the event of a tie bid, precedence is given to the earliest bid. Hypothetical Example: Bidder #1 places a Ten-thousand Dollar ($10,000.00) max bid on a vehicle that currently has a high bid of Five-thousand Dollars ($5,000.00). The high bid is now at Five-thousand and twenty-five Dollars ($5,025.00). Bidder #2 places a max bid at Seven-thousand Dollars ($7,000.00). Bidder #2 is immediately outbid by the Ten-thousand Dollar ($10,000.00) max bid and the high bid immediately adjusts to Seven-thousand and twenty-five Dollars ($7,025.00). Bidder #2 decides to place a Ten-thousand Dollar ($10,000.00) max bid this time. He does not surpass the initial Ten-thousand Dollar ($10,000.00) max bid by Bidder #1; therefore Bidder #2 is not the High Bidder. In the case of a tie bid, precedence is given to the earliest bid. (d) PENDING BIDS: Bids submitted and not immediately accepted or activated by the Auction Company. These bids require acceptance by the Auction Company to be considered valid and in effect. Typical reasons for pending bids are as follows: (i) FIRST-TIME BIDDER: New accounts or first-time bidders that have never participated in our auctions will be thoroughly analyzed and vetted (See 5. REGISTRATION (b) FIRST-TIME BIDDER REGISTRATION AND APPROVAL). Please note, that vetting may take 24-48 hours. Late registrations on the morning of the auction may not be accepted. DO NOT WAIT UNTIL THE AUCTION IS CLOSING TO REGISTER. (ii) BIDDER REPUTATION: Auction Company is part of a nationwide network of auctioneers that use the Hibid bidding platform. Hibid has developed a rating system for Bidders to protect auctioneers. Bidders accrue points placing bids and registering for auctions. Any time a Bidder is permanently declined by an auctioneer, the bidder loses 20 points. If a bidder has a negative score, he or she may not be able to bid with other auctioneers on the Hibid platform. (iii) DEALER ONLY SALVAGE AUCTIONS: Additional bidding qualifications on assets offered with salvage/ dismantler notations must be met prior to the auction closing. Salvage dealers that wish to bid on these assets must submit a current copy of their State issued Salvage Dealer license to (https://appletowing.formstack.com/forms/salvage) for review. Once approved, the Auction Company will update the Bidder's account and any bids that are Pending will be approved/ accepted. This must take place prior to the auction closing. These bidding privileges will remain in effect until the expiration date on the license. It is the Bidder's responsibility to resubmit a new license upon renewal to avoid Pending bids. (iv) ASSET REQUIRES A DEPOSIT: When a deposit is required, see Section (6) of the Terms & Conditions for step-by-step deposit instructions. 11. RESERVE: (a) CONSIDERATION OF BIDS: This Auction is conducted with Reserve. The Seller reserves the right to approve the final transfer of Property to the successful High Bidder, even after the Auction lot closes. If the minimum reserve price is not achieved, the Seller may withdraw the goods at any time. In addition, the Seller and/or the Auction Company retains the right to reject any bids for any reason or to make counter offers or accept back up offers at their sole discretion. (b) DISCLOSURE OF MINIMUMS: Neither the Seller nor the Auction Company will disclose the reserve amounts. Please note there will not be a "Reserve Met" or "Reserve Not Met" disclosure during the Auction. 12. AUCTION END AND BID APPROVALS: (a) PROCESS: At the close of the sale, all Bidders will be emailed their bid results and the totals will be forwarded to the Seller for final approval. Once the Auction Company receives approval from the Seller, the Bidder will receive an email notification that the bid has been approved or denied. Payment instructions will be given at that time. Each vehicle is considered a separate purchase. (b) AUTHORITY: Seller and/or Auction Company, reserves the right to: (i) declare an item sold, (ii) postpone or cancel the Auction, (iii) extend the bidding time for this Auction (which may re-open bidding on closed items, if any), (iv) waive any technical defects in bids and/or, (v) re-list the Property for auction at another date and time. The decision of the Seller and/or Auction Company on this matter shall be final. Bidder acknowledges that by registering in any auction held by Auction company, Bidder accepts the Terms and Conditions of this disclaimer. 13. PAYMENT: (a) DEADLINE: All items must be paid in full within forty-eight (48) hours (i.e., 2 business days) from the bid approval email. NO EXTENSIONS FOR FINAL PAYMENT WILL BE MADE FOR ANY REASON. (b) ACCEPTABLE PAYMENT METHODS: Acceptable forms of payment are by method of bank wire transfer or cashier's check with overnight delivery made payable to Apple Towing Co., 8511 S. Sam Houston Pkwy E., 2nd Floor, Houston, TX 77075; ATTN Kristina Cortez. Account information for bank-wire transfers will be provided in the approval email. The wire transfer must include the buyer's name and reference the lots purchased. Title work will be processed the following business day of the bank wire posting to the account. (c) UNACCEPTABLE PAYMENT METHODS: No personal, business, or private issued checks, bank letters, credit/debit cards, money orders, or letters of credit will be accepted. In addition, onsite payment will not be accepted. A High Bidder should not attempt to finance any purchase through a bank or credit union, nor will the Auction Company negotiate with any lender. A Bidder must have the funds available before placing all bids. Payment must be made by the successful registered Bidder. Payment received by parties other than the successful registered Bidder will not be accepted. (d) DEFAULT/NON-PAYMENT: The failure to make required deposit or final payments and/or comply with the timeframes specified in the sales catalog/brochure for removal of the Property shall be deemed forfeiture of any rights, title, and interest the High Bidder may have acquired. The title of such Property shall revert to the Seller without further notice to the High Bidder and will result in the forfeiture of any monies paid. The transaction shall be null and void as to the High Bidder. The Property will be processed for resale at the next available Auction. If a High Bidder does not pay within the specified time frame, backs out, submits a check containing insufficient funds, or issues a "stop payment" that High Bidder will be banned from all future Auction Company's auctions. 14. ADDITIONAL TAXES AND FEES: (a) BUYER'S PREMIUM: There is no Buyer's Premium. (b) SALES TAX: No tax will be collected by the Auction Company on any lot located outside of Arizona. Notice on Arizona lots only: Auction Company must collect the state, county, and city sales tax from Arizona residents depending on asset location unless an Arizona Resale Certificate (Arizona Form 5000A) is provided during checkout. Out-of-state buyers must provide a copy of their ID and complete an ADOR Form 5011 (which will be provided) in lieu of tax. (c) APPLICABLE TAXES AND FEES: All Buyers are responsible for the payment of all applicable taxes or fees imposed by any city, county, tribe, state, country, or political subdivision. 15. NO REFUNDS; ALL PURCHASES FINAL: The Auction Company does not make refunds, adjustments, or returns. ALL PURCHASES ARE FINAL. In rare circumstances where the Auction Company deems a refund or adjustment may be warranted, such requests must be submitted by the Buyer in writing within 30 days of the sale’s conclusion to the Auction Company. The Auction Company will forward the refund or adjustment request directly to the Seller. NOTICE: The Auction Company is not involved in the refund process and will not be able to provide status updates to the Buyer. The Buyer may choose not to include the Auction Company and may send their refund request directly to the Seller (Office of General Counsel, Attn.: OGC Torts Team, Building CG-3, 15th floor, U.S. Marshals Service, Washington, D.C. 20530-0001). Refunds, if granted by the Seller, may take an average of 3 to 9 months to process. The Buyer acknowledges that this timeline is dependent solely on the Seller's actions and procedures. 16. PAPERWORK PROCESSING: (a) PROCESS: Once the funds are received, the title work will be executed utilizing the Buyer's registration information and sent via email to have all copies signed by the Buyer. Once fully executed, the Property Release document will be emailed to the Buyer. The releasing agent's name and contact information will be presented on the Property Release document. Originals will be mailed to the Buyer. (b) TITLE DOCUMENTS: (i) VEHICLE TITLE: Purchasers will either receive a government Standard Form 97 - U.S. Government Certificate to Obtain Title, or a Bill of Sale and a copy of the Court Order and/or Declaration of Forfeiture (when applicable) which they will take to their local Department of Motor Vehicles (DMV) to transfer ownership. The SF-97 supersedes the prior title directly into the purchaser's name once processed by the state. The state then mails the new title to the purchaser. Please note: these assets will remain in the name of the defendant in which they were seized until the SF-97s are processed with the state. For this reason, it is very important that the original SF-97 be processed with the DMV immediately upon receipt. In addition, per the regulations set forth by the DMV, you must transfer the title of your newly purchased vehicle into your name within 30 days of the purchase date. Failure to do so may result in penalties, fines, and complications with your vehicle registration. (ii) VESSEL BILL OF SALE: Buyers will receive a title via a Coast Guard Bill of Sale for vessels and a SF-97 for boat trailers (if included). Buyer will be provided the Bill of Sale along with the Court Order and/or Declaration of Forfeiture (when applicable). (iii) EXPORT ONLY PROPERTY: BUYER BEWARE: Purchasers of "Export Only" property will receive a bill of sale only. This document serves as a proof of purchase and is not a title. No title transfer documents are available for "Export Only" property. The SF-97 supersedes ownership records for vehicles that are in the Department of Motor Vehicle database (in the United States). Because "Export Only" property cannot be registered, used, resold, or enter the commerce of the United States or its territories, the SF-97 cannot be processed to obtain a title. Essentially, there is no record in the DMV database to supersede. For this reason, purchasers of "Export Only" property will receive a bill of sale only. (c) ADDITIONAL DOCUMENTS: In addition to the title, the High Bidder will be required to execute the Forfeited Property Sales Certification (Form USM-621), a Buyer's Guide ("As-Is, Where-Is"), and a copy of the Terms and Conditions. 17. RELEASE AND REMOVAL: (a) GENERAL INFORMATION: Removal of the Property is by appointment only and should be made by the Buyer with the storage facility only after the Buyer has received the necessary Property Release document. All Property in a lot must be released to the original Buyer at one time. No partial release of any lots. Removal is at the expense, liability, and risk of the Buyer. Please do not make flight arrangements or schedule pickups in advance, until your authorization via email to do so has been received. (b) DEADLINE: It is the sole responsibility of the Buyer to remove the purchased Property by the Removal Date. Removal of the Property must be completed on or before the 14th calendar day (for domestic Property) and the 60th calendar day (for export only Property) after the sale date, or the Buyer will be in default of the terms of sale and the Property will be resold by the Seller. Said Property shall revert and repossess to the Seller, without further notice to the Buyer, and will result in any monies paid by the Buyer to be forfeited, and the transaction shall be null and void as to the Buyer. Storage arrangement for the Property after Removal Date is solely between the Buyer and the storage vendor and must be agreed upon in writing (signed and dated) prior to the Removal Date deadline. (c) DOCUMENTS REQUIRED FOR RELEASE: (i) PROPERTY RELEASE: A physical hard copy of the Property Release document is required to pick up the Buyer's Property. (ii) IDENTIFICATION: Buyer must present a photo I.D. at the time of the Property's release. (iii) RELEASE AUTHORIZATION: If the Buyer chooses to send an agent to pick up the Property on their behalf, the Buyer must correctly complete the release authorization section located at the bottom of the property release document identifying the agent to act on their behalf, as well as provide the agent with a copy of Buyer's photo I.D. The agent will be required to provide a copy of their identification as well. These documents may be emailed directly to the storage facility in advance. (d) EXPORT ONLY ASSETS: The following section pertains to EXPORT Only assets: The term "Export Only" refers to merchandise identified by U.S. Customs and Border Protection (CBP) that cannot be registered, used, resold, or entered into the commerce of the United States or its territories. "Export Only" assets do not meet U.S. Department of Transportation (DOT) and Environmental Protection Agency (EPA) standards. Notice: Per the U.S. Government, the contractor (Apple Towing Co. | Apple Auctioneering Co.) is prohibited from offering any assistance in the export process whatsoever. Bidders unfamiliar with the export process are cautioned against bidding on "export only" merchandise until they have familiarized themselves with the export process. Bidders are strongly encouraged to investigate export options before purchasing "export-only" merchandise. It is recommended that purchasers engage the services of a broker or Customs-bonded carrier if they are unfamiliar with export requirements. "Export only" means merchandise is offered on the condition that the buyer will meet all licensing and federal permits before exportation. It is recommended that you contact your local CBP office or engage the services of a customs broker or bonded carrier for further information. You can also visit the CBP website or export.gov for more detailed export information. Buyers are responsible for obtaining and complying with all export requirements. "Export only" seized property must be physically removed from the United States within 60 days from the sale date. All countries have their customs and laws, and you may or may not be allowed to import your merchandise into their country. A customs broker or the customs service of the importing country can assist you in answering this question. Information is also available at the U.S. Government's export portal at https://www.export.gov. Helpful links: https://www.export.gov; https://www.cbp.gov/trade/basic-import-export/export-docs/motor-vehicle; https://www.cbp.gov/contact/ports. Purchases must be paid in full before removal. Removal is by appointment only and should be made by the buyer with the storage vendor only after receiving the necessary Property Release document and the completed/ approved Form 7512. A physical hard copy of the completed property release is required to remove the property. Buyer must present a photo I.D. at the time of property release. All property and/or merchandise in a lot must be released to at one time. There is no partial release of any lots. Please do not make flight arrangements or schedule pickups in advance until you receive authorization via email. Export Only Non-Contiguous: Merchandise labeled as Export Only Non-Contiguous cannot be exported to any U.S. territory, Canada, or Mexico. (i) EXPORTS: LICENSING & PERMITS: Purchasers are responsible for complying with all applicable federal licensing and permit regulations before exportation. Seller | Authorized Agent | Prime Contractor does not warrant the availability of such license or permits, nor do we provide a list of the requirements that must be met. The failure of the purchaser to obtain necessary licensing will not result in the return of any monies tendered for the goods. (ii) EXPORTS: FORMS: A customs Form 7512 (Transportation Entry and Manifest of Goods Subject to CBP Inspection and Permit) must be completed correctly electronically filed, and signed off by the U.S. Customs, and approved by an Apple Towing Co | Apple Auctioneering Co representative before removal. The CBP 7512 will typically be filed as a Type 62- TE (Transportation and Exportation). A CBP 7512 for a Warehouse Withdraw will not be approved. Only the named bonded carrier on the form 7512 may remove and export the asset and must do so directly from the storage facility. No other diversion allowed. In addition, the Buyer or their representative will need to also file and obtain an AES / ITN number at the time they file the CBP 7512. The AES / ITN number must be included on the CBP 7512 for review. The AES / ITN number can be placed next to the CBP seizure case number in the block labeled “Description and Quantity of Merchandise Number and Kind of Packages” located in the center of the form. (iii) EXPORTS: RELEASE & REMOVAL: It is the buyer's responsibility to arrange the shipping and have the property removed prior to the removal deadline. Auction Company will not ship any items. Removal is at the expense, liability, and risk of the buyer. (1) The buyer is not able to remove an export only asset like they normally would with any other vehicle. A CBP 7512 Form is required, and they must contract a broker to get this form executed. This form is not provided by the Auction Company. (2) Only the named bonded company on the 7512 Form may remove and export the asset. (3) The bonded company will often sub-contract this transport, so there needs to be a sufficient authorization paper trail to release the asset to this 3rd party individual. The buyer either needs to name this 3rd party directly on the Release Authorization section of the Property Release Form or may name the bonded company. That bonded company must then provide an additional authorization to the 3rd party. No matter what, there needs to be a paper trail of authorization for the individual that removes the asset. A copy of the Buyer's ID is required. (4) There is however an exception to section 17(e)(iii)(2). If the bonded company on the 7512 form contracts the buyer to remove the asset, then they may remove their own vehicle, but the bonded company must provide authorization for them to do so. The buyer essentially signs their own property release (like they normally would with any other vehicle) and must provide a letter or email of the company in bond's written authorization for them to remove the asset. A copy of the Buyer's ID is required. (iv) EXPORTS: REMOVAL DEADLINE: Removal must be completed on or before the 60th calendar day (for export only property/merchandise) after the sale date or the buyer will default the terms of sale and property and/or merchandise will be resold by the U.S. Government. Additionally, storage vendor will not authorize the release of the property unless a Form 7512 is completed and signed off by the U.S. Customs. Therefore, property and/or merchandise remaining after the removal deadline shall revert and repossess to the government without further notice to the buyer and will result in any monies paid being forfeited and the transaction shall be nulled and voided as to the buyer. (v) EXPORTS: VEHICLE TITLE: BUYER BEWARE: Purchasers of "Export Only" property will receive a bill of sale only. This document serves as a proof of purchase and is not a title. No title transfer documents are available for "Export Only" property. The SF-97, which is usually provided for vehicle purchases from the United States, supersedes ownership records for vehicles that are in the Department of Motor Vehicle database (in the United States). Because "Export Only" property cannot be registered, used, resold, or entered into the commerce of the United States or its territories, the SF-97 cannot be processed to obtain a title. Essentially, there is no record in the DMV database to supersede. For this reason, purchasers of "Export Only" property will receive a bill of sale only. 18. SHIPPING: It is the Buyer's responsibility to remove the Property purchased by the Removal Date and to arrange for its shipping. Removal of the Property is at the expense, liability, and risk of the Buyer. 19. CONTRABAND NOTICE: The buyer shall secure the vehicle and immediately notify the Auction Company (who shall in turn notify the Seller) if any illegal controlled substances, contraband, and/or hidden compartments in seized and forfeited vehicle(s) purchased from the Seller are discovered. 20. PROHIBITED CONDUCT: To maintain the integrity of the auction process, all bidders must adhere to the highest standards of honesty and fair dealing. Any form of fraudulent, unethical, or improper activity is strictly prohibited. The following activities violate these terms and conditions and may result in immediate disqualification from the auction, suspension or termination of bidding privileges, and potential legal action. The Auction Company reserves the right to take necessary measures to prevent, detect, and respond to such prohibited conduct. (a) SHILL BIDDING: Placing bids on an item to artificially inflate its price without the intention of purchasing, often done with the help of accomplices or fake accounts. (b) BID SHIELDING: Placing a high bid with no intention of honoring it in order to scare off legitimate bidders, followed by retracting the bid at the last moment to allow an accomplice or another account to win at a lower price. (c) COLLUSION OR BID RIGGING: Coordinating with other bidders to manipulate the auction’s outcome, such as agreeing to refrain from bidding to lower prices or taking turns winning auctions. (d) FALSE OR MISLEADING BIDS: Placing bids without any intention or ability to pay or with the purpose of confusing or deceiving other bidders. (e) BID RETRACTION OR WITHDRAW WITHOUT JUST CAUSE: Repeatedly retracting bids or withdrawing from the bidding process without valid reasons disrupt the auction process. (f) PROXY BIDDING FRAUD: Misuse of the proxy bidding system by creating false bids or manipulating the system to gain an unfair advantage. (g) IDENTITY FRAUD: Participating in an auction using a false identity, stolen credentials, or someone else’s account without permission. (h) UNAUTHORIZED USE OF PAYMENT METHODS: Bidding using stolen credit cards, bank account information, or other unauthorized payment methods. (i) CREATING MULTIPLE ACCOUNTS: Registering multiple bidder accounts to manipulate auction outcomes or place competing bids on the same item. (j) FAILING TO PAY: Winning an auction and failing to make payment within the specified time disrupts the sale and financial process. (k) TAMPERING WITH AUCTION SOFTWARE OR PLATFORM: Attempting to hack, alter, or interfere with the auction platform’s functionality to gain an advantage. (l) INFLATING THE BID IN BAD FAITH: Placing bids to artificially drive up the price of an item without intending to complete the purchase solely to increase the financial burden on other legitimate bidders. (m) ATTEMPTING TO BRIBE THE AUCTIONEER OR STAFF: Offering or accepting any form of bribe or kickback to alter the auction outcome or gain unfair access to information. (n) FALSE REPRESENTATIONS: Providing false or misleading information during the registration process, such as fake references or a fabricated credit history. (o) AUCTION SABOTAGE: Intentionally disrupting or attempting to sabotage the auction process, either through technical means (such as website interference) or through bids with malicious intent. (p) ENGAGING IN HARASSMENT OR ABUSIVE BEHAVIOR: Harassing, threatening, or attempting to intimidate other bidders, auctioneers, or staff members. (q) UNAUTHORIZED USE OF IMAGES OR DESCRIPTIONS: Using, reproducing, or distributing photographs, descriptions, or any content from the Auction Company's listings on other platforms or websites without the express written consent of the Auction Company is prohibited. Furthermore, bidders may not use such materials to list items for sale prior to bidding, winning, and receiving the item in their possession. Such unauthorized use may result in immediate disqualification from the auction, suspension of bidding privileges, and potential legal action for infringement of copyright and intellectual property rights. 21. TECHNICAL ASSISTANCE: To serve you best, please direct all questions via email to sales@appletowing.com or call 713-600-7797. Auction Company accepts no responsibility for loss of connectivity, technical difficulties, or any other circumstances beyond our control. 22. TECHNICAL DIFFICULTIES AND INTERNET ISSUES: (a) SERVICE AVAILABILITY: The Auction Company has made every reasonable effort to facilitate online bidding. However, technical difficulties and internet issues may arise that affect the Auction Company's website, bidding platform, computer, server, or the Bidder's computer, personal device, or software, which is beyond the control of the Auction Company. By registering, Bidder acknowledges that the Auction Company is not responsible for technical difficulties or internet issues associated with a bid and that, if technical difficulties interfere with or prevent a bid, it may be necessary to withdraw items from bidding due to technical errors or uncontrollable circumstances. (b) FORCE MAJEURE: Seller and Auction Company shall not be liable for any delay, interruption, or termination of any auction event beyond reasonable control, including, but not limited to, any pandemic, epidemic, or spread of disease; act of God; act of war, terrorism or cyberattack; riots; floods; fire; unusually severe weather conditions; or act or order of any public or governmental authority. Seller and Auction Company shall not be liable or responsible for any interruptions, termination, or corruption of any audio feed, video feed, or any other internet registration, bidding, or other online-related service that occurs before, during, or in connection with the auction, regardless of the cause of fault attributable to the interruption, termination or corruption of such services. (c) AUCTIONEER’S RIGHTS: In the event of the occurrence of a technical difficulty during an Auction, the Auction Company, in its sole discretion, reserves the right to (i) declare a Property sold, (ii) postpone or cancel the Auction, (iii) extend the bidding time for the Auction (which may re-open bidding on closed items, if any) and/or (iv) re-list the Property for auction at another date and time. The decision of the Auction Company on this matter shall be final. Bidder acknowledges that by registering in any auction held by Auction Company, Bidder accepts the terms and conditions of this disclaimer. 23. LIMITATION OF LIABILITY: Under any provisions of the Terms and Conditions and the Contract, Seller's liability to Bidder, if established and proven, shall not exceed Bidder's (whole or partial) payment made to Seller for the Property's purchase price set at the Auction. The liquidated damages specified herein are not penalties but a reasonable cost estimate: (i) to Seller due to pulling the Property from the Auction if required, and (ii) to Bidder concerning the lost transaction. IN NO EVENT WILL THE AUCTION COMPANY OR THE SELLER BE LIABLE FOR INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL, LIMITED OR CONSEQUENTIAL DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT (INCLUDING WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE, nor shall Bidder be entitled to bring a claim to enforce specific performance of the Terms and Conditions and the Contract. 24. REQUIREMENTS TO COMPLY WITH APPLICABLE LAWS: It is the Buyer's responsibility to ascertain and comply with all applicable Federal, State, local, and multi-jurisdictional laws, ordinances, and regulations pertaining to the registration, licensing, handling, possession, transportation, transfer, export, processing, manufacture, sale, use, or disposal of the Property listed in the sales catalog. The Buyer or user of this Property is not excused from any violation of such laws or regulations either because the Seller is a party to this sale or has had any interest in the Property at any time. 25. FALSE ADVERTISING AND UNFAIR OR DECEPTIVE ACTIONS: The use of false or misleading advertisements or other unfair or deceptive practices in commerce is unlawful. In conveying or disposing of any Property purchased from the Seller, the Auction Company exercises caution in preparing advertisements to ensure that it does not violate applicable state, Federal or foreign government laws. 26. RIGHT OF REFUSAL: The Auction Company prides itself on maintaining a highly professional organization and conducting business with integrity at all its facilities. In addition to abiding by these Terms and Conditions, the Auction Company upholds professionalism during all stages of the auction, including preview days, the exchange of information on assets, and the release/pickup of property sold to the Buyer. The Auction Company reserves the right, at its sole discretion, to refuse any bid, reject any registrant or bidder, and withdraw any lot or item from the auction at any time before or during the auction process. This right may be exercised without providing a reason, and the company shall not be liable for any resulting claims, damages, or losses arising from such refusal or withdrawal. Furthermore, bidders and their representatives are expected to conduct themselves in a manner consistent with the Auction Company's and Seller's business practices. Any unprofessional or inappropriate conduct, including but not limited to disrespect toward employees, abusive language (verbal or otherwise), or actions inconsistent with our professional standards, may result in the Auction Company exercising its right to refuse bids and ban the individual from participating in future auctions. Reports of such behavior will be reviewed by Auction Company management, and the company may take appropriate action, including prohibiting participation at all Auction Company facilities. In cases where a bid is refused, or a bidder is banned, any deposits or payments made by the bidder may be refunded at the discretion of the Auction Company, except when the bidder has acted in violation of these Terms and Conditions. 27. DISPUTES: (a) AUCTIONEER AUTHORITY: The Bidder acknowledges and agrees that any dispute arising between the Seller and the Bidder, or between competing Bidders, related to the sale of any Property at the Auction, may be resolved at the sole discretion of the Auction Company’s Auctioneer. The Auctioneer has the exclusive right, but not the obligation, to mediate and settle any disputes, and all parties agree to be bound by the Auctioneer's decision, which shall be deemed final and conclusive. This includes disputes regarding, but not limited to, the identity of the High Bidder, the lot description, the sale price, or the quantity sold. The Auctioneer’s decision will be rendered immediately and must be accepted at the time of the sale. (b) INDEMNIFICATION AND LIABILITY: The Bidder agrees to fully indemnify, defend, and hold harmless the Auction Company, the Seller, and their respective officers, agents, and employees from any claims, damages, liabilities, losses, and costs (including reasonable attorneys’ fees) arising from or related to: Any dispute between Bidders or between the High Bidder and the Seller; The purchase or sale of any Property; The resale or transfer of any Property to third parties; Any misrepresentation made by the Auction Company. This indemnification applies to all claims whether arising under contract, tort, or other legal theory. (c) RECORDING OF AUCTION: The Auction Company reserves the right to record any auction by video or audio to maintain a clear record of transactions and resolving disputes. By participating in the auction, all Bidders consent to such recording, which may be used in the event of a dispute. (d) AUCTION RECORDS: The official sale record, as documented by the Auctioneer and the Auction Company’s clerk, shall be deemed final and irrefutable in the event of any dispute. The High Bidder agrees that no subsequent claims, disputes, or challenges will be accepted after the lot is declared sold and the sale has been recorded. (e) NO POST-SALE ADJUSTMENTS: All disputes concerning the lot, including its condition, price, or identity, must be raised and resolved on the date of the sale. (f) REQUEST FOR REFUNDS OR ADJUSTMENTS: The Auction Company does not make refunds, adjustments, or returns. ALL PURCHASES ARE FINAL. In rare circumstances where the Auction Company deems a refund or adjustment may be warranted, such requests must be submitted by the Buyer in writing within 30 days of the sale’s conclusion to the Auction Company. The Auction Company will forward the refund or adjustment request directly to the Seller. NOTICE: The Auction Company is not involved in the refund process and will not be able to provide status updates to the Buyer. The Buyer may choose not to include the Auction Company and may send their refund request directly to the Seller (Office of General Counsel, Attn.: OGC Torts Team, Building CG-3, 15th floor, U.S. Marshals Service, Washington, D.C. 20530-0001). Refunds, if granted by the Seller, may take an average of 3 to 9 months to process. The Buyer acknowledges that this timeline is dependent solely on the Seller's actions and procedures. (g) BINDING ARBITRATION: Any claims, controversies, or disputes arising under or in connection with these terms, the Auction, or the sale of any Property (Dispute(s), which cannot be resolved by the Auction Company, shall be resolved through confidential, binding arbitration before one arbitrator. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL AND THAT YOU HEREBY EXPRESSLY WAIVE THAT RIGHT. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). As limited by law, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The decision rendered by the arbitrator shall be final and binding on all parties and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The prevailing party in arbitration shall be entitled to recover reasonable attorney’s fees, costs, and expenses incurred in connection with the arbitration process. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration proceedings will take place in Houston, Texas. In no event shall any Dispute be brought by either Party more than one year after the relevant cause of action arose. If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall exclusively be submitted to the state or federal courts of Harris County, Texas, and you consent to exclusive jurisdiction and venue in such courts. 28. CLASS ACTION WAIVER: By agreeing to these Terms and Conditions, you waive your right to participate in any class action lawsuit or class-wide arbitration against the Auction Company, its affiliates, or any of its respective employees, agents, or officers. All disputes, claims, or controversies arising out of or relating to these Terms and Conditions must be resolved on an individual basis. Neither you nor the Auction Company shall have the right to consolidate claims or engage in any class action or representative proceeding. This waiver applies to all types of legal proceedings, including but not limited to litigation, arbitration, and mediation. Any dispute must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative action. 29. GOVERNING LAW: (a) The validity, construction, enforcement, interpretation, and performance of these Terms and Conditions and Contract shall be governed by the laws of the United States of America, and to the extent that state law would apply under applicable federal law, the state in which the auction is conducted (The State of Texas governs this agreement and venue is proper in Harris County, Texas). Each Bidder agrees that except to the extent inconsistent with or preempted by federal law, the laws of the State of Texas will govern this Contract and any claim or dispute that has arisen or may arise between the Auction Company or Seller and a Bidder. (b) LANGUAGE: The English language shall govern the interpretation, performance, and all terms and conditions of this Agreement, as well as any matters relating to the Auction Company’s sales platform, notices, and communications. In the event of any dispute, discrepancy, or inconsistency, the English version of this Agreement shall prevail. 30. SEVERABILITY: If any portion of these Terms & Conditions is deemed unlawful, void, or unenforceable, that portion will be deemed severable and will not affect the validity or enforceability of the remaining provisions. 31. CHANGES TO TERMS & CONDITIONS: The Auction Company reserves the right to update, modify, or amend these Terms and Conditions at any time without prior notice. Continued participation in the auction after any changes to the Terms will constitute acceptance of the revised Terms. The most current version of the Terms will supersede all previous versions. The Auction Company encourages you to review the Terms periodically to stay informed of our updates. 32. LICENSING AND REGULATION: RBEX Inc. dba Apple Towing Co. auctions are conducted by Apple Auctioneering Co. and are regulated by the Texas Department of Licensing and Regulation. Direct all unresolved complaints to the Texas Department of Licensing and Regulation, P.O. BOX 12157, Austin, TX 78711; 800-803-9202; www.tdlr.texas.gov. Auctioneer Joshua M. Scully, AMM, GPPA, TX#18183, AL# 5647, FL#AU5198, GA#AU004642, KY# 289914, IL#441.002530, MN#AUC27202400011, NC#10519, PA# AU006387, SC#4814; Exempt AR [17-17-104. (a)(1)], IN [§ 25-6.1-3-1(b)(2)], LA [§3104 (2)], MA [I, XV, ch.100, Section 11], MS [§ 73-4-5. (2)(e)], OH [4707.02 (B)(1)], TN [62-19-103 (3)], WA [RCW 18.11.070 (2)(b)]. CA Bond #67115955 - Complying with the State of California Civil Code Section 1812.600, this auction is being conducted in compliance with Section 2328 of the Commercial Code, Section 535 of the Penal Code, and the provisions of the California Civil Code.