Lot # : 329 - F350 Bucket Truck

Buyers Premium will be applied to your total auction purchases via the scale below. Online Cash Prem. % Online Check Prem. % Online Credit Prem. % $0.00 TO $999,999,999.99 AT 7.50 % Online In State Cash Prem. % Online In State Check Prem. % Online In State Credit Prem. % $0.00TO $999,999,999.99 AT 7.50 % ON POINT AUCTION SERVICE, LLC  BIDDER TERMS & CONDITIONS These Bidder Terms & Conditions (these "Bidder Terms") govern your access to, and use of, On Point Auction Service, LLC's ("On Point") "Services" (as defined in the On Point Auction and "Buy it Now" Terms and Conditions, hereinafter the "On Point Terms") as a Bidder, whether it be via On Point Auction or "Buy it Now" listing. The Services can be accessed through On Point's websites - www.onpointauctionservice.com and www.OnPointAuctionServiceLLC.hibid.com (hereinafter the "Sites"). These Bidder Terms, shall be incorporated into the On Point Auction and "Buy it Now" Terms and Conditions posted on the aforementioned websites, and are herein collectively referred to as the "Terms." All terms used (including capitalized terms) and not defined herein shall have the meanings ascribed to them in the On Point Auction and "Buy it Now" Terms and Conditions (and as hereinafter amended), and such terms and conditions are incorporated herein by reference for all purposes (and these Terms supersede if a conflict arises as to any specific word, clause, or sentence).  1. Bidder Registration and Account Approval. As a Bidder for the purchase of this auction items utilizing On Point's Services, you understand, acknowledge and agree that you must register a Bidder Account with On Point. Your Bidder Account must be approved by On Point, in its sole discretion, before you can utilize On Point's Services. Application for a Bidder account is your express agreement to the Terms.    2. Listed Item(s). On Point does not inspect listed Items(s), validate a Seller's ownership of or authority to sell listed Items(s), or provide any representations or warranties concerning listed Item(s). Bidding on, or otherwise purchasing listed Itmes(s) via the "Buy it Now" option on the Sites, is conducted at your own risk, and any resulting transaction for On Point(s) is solely between you and the Seller. On Point does not supervise, direct, or control third-party Sellers. You further understand, acknowledge and agree that On Point will not be liable for, and you shall not make demands or claims for, listed Item(s) that you bid on, the acts or omissions of third-party Sellers, or for any proposed or completed transactions between you and a third-party Seller. You understand and agree it is your responsibility to verify all claims and representations of the Seller. All auction and "Buy it Now" transactions and the terms of any agreements that may occur between Sellers and Bidders or users of On Point's Sites or Services are determined solely through Seller and Bidder. On Point is not bonded (nor is it liable) for the protection of Sellers or Bidders or any user of our Sites or Services.    3. Auction / "Buy it Now" Information and Bidder Inspections. The auction dates, information, descriptions and prices for listed Item(s) are determined by the Seller and may be subject to change. On Point does not inspect, confirm, guarantee or warrant the condition of the listed Items(s). On Point does not verify the accuracy of, or control, the information and details concerning the listed Item(s). You waive all reliance on Item descriptions, and agree to solely rely on your own evaluation based on examination of the Item/Lot photographs. On Point does not guarantee that Sellers have or maintain proper bonds or any bonds which Sellers may be required to maintain pursuant to applicable laws, rules, and regulations. On Point also does not guarantee that Sellers have or maintain proper licenses or registrations required by applicable laws, rules or regulation, or that Sellers comply with applicable laws, rules, or regulations. You should take appropriate steps to verify the accuracy of the listed Item descriptions. You should also take appropriate steps to inspect or validate the condition of listed Item(s) prior to bidding on and receiving listed Item(s). On Point is not responsible for any errors or omissions in the content of any listed Item(s). On Point reserves the right, in its sole discretion, to (i) withdraw any listed Items(s) from our auction and/or "Buy it Now" Services; (ii) amend the information for a listed Item (without any legal obligation to do so); or (iii) cancel any proposed bid for listed Item(s) that On Point deems to be suspicious or fraudulent and report such bid to applicable authorities.    4. Additional Terms Posted by Seller. A Seller may post additional terms and conditions for their listed Items(s) (the "Seller Posted Terms"). Seller Posted Terms are between you and the Seller and are separate from these Bidder Terms. You expressly agree to such Terms and are solely responsible for reading and understanding any Seller Posted Terms (in addition to these Terms and the On Point Terms) prior to placing a bid on any listed Items(s) via an auction or "Buy it Now" listing. On Point does not create, review, negotiate, or enforce Seller Posted Terms. If you do not agree to the applicable Seller Posted Terms, you should not place a bid on the listed Item(s).    5. Additional Fees by Seller. In addition to the price of listed Item(s), Sellers may charge a buyer's premium (which is an additional fee that a winning bidder is required to pay above the auction or "Buy it Now" price) as well as shipping, handling, and other fees. These fees are set by the Seller and may be subject to change depending on the Seller and the listed Item(s).    6. Additional Seller Registration. A Seller may require a Bidder to separately register with it prior to bidding on the Seller's listed Items(s), and may permit or deny the additional registration at its sole discretion.    7. Transportation, Risk of Loss, and Additional Costs. Items is not responsible for the care, loading, transportation, delivery or risk of loss for any listed Item(s). Except as otherwise set forth in any Seller Posted Terms, the Bidder with the winning bid will be responsible for compliance with all laws and regulatory requirements applicable to the transportation of the listed Item(s). Except as otherwise set forth in any Seller Posted Terms, the Bidder with the winning or "Buy it Now" bid will be solely responsible for all packaging, freight, shipping, taxes, customs, duties, check off fees and other costs relating to transporting the listed Items(s). These costs may include special handling, loading, transportation costs, taxes, duties, and fees required to move the listed Items(s) to the Bidder's desired location. You should confirm transportation, delivery and risk of loss information with the Seller and your designated transportation provider. Furthermore, except as otherwise fully set forth in Seller Posted Terms, the Bidder with the winning or "Buy it Now" bid shall be responsible for complying with all entry requirements for the listed Item(s) for the state of entry. In no event shall On Point have any responsibility for the transportation of listed Item(s) or for any risk of loss or liability related to listed Item(s).   8. Bidding. You understand, acknowledge and agree that: a. When you submit a bid using our Services, your bid will be forwarded to the Seller and may be viewed by the Seller as a firm commitment and an irrevocable offer to purchase. Once you place a bid on our Site, or select the "Buy it Now" option, it may not be retracted. If you have the winning or "Buy it Now" bid, a Seller may hold you legally obligated to complete the transaction unless otherwise prohibited by law or regulation. b. By using On Point Sites and Services to bid on listed Item(s), you grant On Point permission to share your information with Sellers, including, without limitation, your contact information (e.g., name, address, telephone, number, email address, etc.) and other information that you provide to On Point. c. You may place a max bid on listed Item(s). When you place a max bid, On Point's bidding technology should automatically place bids on your behalf, using the smallest increment necessary to ensure you remain the high bidder until your max bid is met. If another bidder has placed the same bid before you, or a max bid that is higher than yours, On Point will attempt to let you know that you have been outbid. In that situation, you may attempt to place another bid within the specific auction time. d. Auctions may have time extensions. If a Seller elects to use a time extension for listed Item(s), the bidding period on the listed Item(s) may be extended when a higher bid than the then-current top bid is placed prior to expiration of that auction. The bidding period will continue as long as such higher bids are being placed within the time extension designated by the Seller. e. On Point reserves the right to withdraw, postpone, or cancel any listed Item(s), in our sole discretion, with or without notice. On Point shall have no liability to you as a result of any withdrawal, postponement, or cancellation of a listed Item(s) sale. f. On Point reserves the right to void a bid that you place, whether winning or not, which we believe (i) has not been made in good faith and in accordance with these Bidder Terms and the On Point Terms; or (ii) is intended to manipulate our Services. g. The Seller is conducting the auction and makes the sole and final determination with respect to the sale of listed Item(s). h. WE DO NOT GUARANTEE THAT BIDS PLACED WILL BE RECEIVED AND PROCESSED IN A TIMELY MANNER. ANY BIDS OF EQUAL AMOUNTS MAY BE SELECTED AT THE AUCTIONEER'S SOLE DISCRETION, IF RECEIVED AT APPROXIMATELY THE SAME TIME.    9. Prohibited Bidder Conduct. Any deliberate attempt to artificially influence the sale price of any listed Item(s), directly or indirectly, including but not limited to bidding through a secondary account, agent, or representative, bidding on listed Item(s) that you may also be selling, communicating with other Bidders, or chill bidding is expressly prohibited.    10. Additional Bidder Indemnity. In addition to the indemnification provisions set forth in the Terms for On Point’s Sites and Services, you, as the Bidder, agree to indemnify, defend, and hold harmless On Point and its owners, members, managers, employees, officers, agents, attorneys and representatives (collectively the "Indemnified Parties") from and against any and all demands, claims, causes of action, damages, costs, fees or other liability (including reasonable attorneys' fees) arising out of or resulting from (i) any breach of these Bidder Terms or the On Point Terms; (ii) taxes, customs, duties, or check off fees payable with respect to, the listed Item(s) or any part thereof; (iii) any deficiency in compliance with any laws, rules or regulations related to your use of On Point's Sites and Services and any transactions with other On Point users; (iv) any deficiency in compliance with any local, state, federal, and international laws, statutes, ordinances, rules, reporting requirements/laws, import/export laws, customs requirements/laws, and checkoff fee requirements/laws applicable to the buying, handling, holding, transport, shipping, delivery, and import/export of Item(s); and (v) any injuries to persons or property of any type, occurring during your or your agent's inspection of Item(s), or resulting from the purchase of any listed Item(s). If you breach any agreed terms, you are liable for On Point's costs, expenses, and attorney's fees to defend or address such breach.    11. Conflicts. In the event of a conflict between the provisions set forth in these Bidder Terms and the On Point Terms, the On Point Terms shall prevail. MANDATORY BINDING IN-PERSON ARBITRATION IS YOUR SOLE REMEDY UNDER THIS AGREEMENT, PURSUANT TO THE TERMS SET FORTH IN THE ON POINT TERMS. YOU WAIVE ALL RIGHTS TO A JURY TRIAL AND FILING A LAWSUIT. SEE ON POINT TERMS. YOUR DAMAGES ARE LIMITED BY THE ON POINT TERMS WHICH SHOULD BE REVIEWED BY YOU PRIOR TO BIDDING. ON POINT AUCTION SERVICE, LLC  AUCTION AND "BUY IT NOW" TERMS AND CONDITIONS  These Auction and "Buy it Now" Terms and Conditions (hereinafter the "Agreement" or "Terms") constitute a legally binding agreement between you (either an individual or an entity) and On Point Auction Service, LLC, its affiliate(s) and subsidiaries (hereinafter collectively referred to as "On Point") regarding the use of its websites - www.onpointauctionservice.com and www.OnPointAuctionServiceLLC.hibid.com (hereinafter the "Site" or "Sites"), its auction services, and "Buy it Now" retail services. By utilizing the On Point Site(s) and/or Services (defined below), you understand, acknowledge and agree that you are legally bound by the terms and conditions set forth herein (and as hereafter amended):    1. ACCEPTANCE OF LEGALLY BINDING TERMS. BY UTILIZING THE ONPOINT SITES AND/OR SERVICES (DEFINED BELOW), PLACING AN AUCTION BID, SELECTING A "BUY IT NOW" OPTION, OR OTHERWISE PARTICIPATING IN A ON POINT AUCTION OR SALE, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT - AND SPECIFICALLY THE DISPUTE RESOLUTION, IN-PERSON ARBITRATION AND REMEDIES PROVISION - AS WELL AS THE APPLICABLE BUYER/SELLER TERMS.   2. DEFINITIONS. a. "Auction" means an online auction wherein remote users can bid either through absentee bids or real time bids on Items being auctioned via On Point's Sites. b. "Bidder" or "Buyer" means an individual, artificial entity, or auction house registered as a Bidder with On Point for purposes of utilizing On Point's Buyer Services to bid on (via Auction) or otherwise purchase (via "Buy it Now" listing) Item(s) for sale through On Point's Sites. If an artificial entity places a bid or selects the "Buy it Now" option, the person executing the bid on behalf of the artificial entity agrees to, and hereby does, personally guarantee payment of such bid. The terms Bidder and Buyer shall be used interchangeably regardless of whether a Bidder is successful in an Auction. c. "Bidder Terms" mean the Bidder Terms & Conditions entered into by and between a Bidder and On Point for purposes of governing over a Bidder's access to, and use of, On Point's Services as a Bidder. Said Bidder Terms are incorporated by reference for all purposes as if the same were fully set forth herein and are located here: www.OnPointAuctionServiceLLC.hibid.com/home/bidderuserterms/home/bidderuserterms d. "Buy it Now" means an online sale, other than by auction, for Itemss which may be purchased through On Point's Sites by selecting the "Buy it Now" option. e. "Items(s)" mean listed for Auction or "Buy it Now" sale on one or more On Point Site through use of On Point's Services. f. "Seller" means an individual, artificial entity, or auction house registered as a Seller with On Point for purposes of utilizing On Point's Seller Services to list Items(s) for sale through On Point's Sites. On Point may also serve as a Seller when listing its own Item(s) for sale through On Point's Sites. g. "Seller Terms" mean the Seller Terms & Conditions entered into by and between a Seller and On Point for purposes of governing over a Seller's access to, and use of, On Point's Services as a Seller. Said Seller Terms are incorporated by reference for all purposes as if the same were fully set forth herein and are located here: www.OnPointAuctionServiceLLC.hibid.com/home/selleruserterms  h. "Services" means the online Auction and/or "Buy it Now" listing services provided by On Point to Sellers, Bidders and prospective Sellers and Bidders through the Sites which serve as a conduit for listing Items and means for offers and acceptance to be exchanged in relation to the Auction/sale of Item(s).   3. ON POINT SERVICES. You acknowledge and agree that On Point provides online Auction and "Buy it Now" Services for Sellers and Bidders through its Sites which serve as conduits for offers and acceptance to be exchanged in relation to the Auction or "Buy it Now" sale of Itemss posted on one or more On Point Sites (the Services). You further acknowledge and agree that: (i) On Point is not a certified Auction House and therefore does not always conduct the Live Auctions; (ii) When not acting as the Seller, On Point is solely a passive conduit to facilitate the Auctions and communication between the Bidders and Sellers; (iii) When not acting as the Seller, On Point has no control over the Bidders, Sellers, or the accuracy of descriptions for the Items(s) being offered by the Seller; (iv) When On Point acts as a seller, all the terms and conditions apply to the transaction between On Point and the seller; (v) On Point reserves the right in its sole discretion to change some or all of its Services at any time; and (vi) the provision of this Agreement supersedes and takes precedence over all terms of the auction platform to the extent there is any conflict.    4. ITEM DESCRIPTIONS. The On Point Site places items for auction and enables individuals, artificial entities and professional auctioneers to list Items for Auction and/or "Buy it Now" sale. Those are the persons or entities who prepare the Item descriptions which appear on the Sites, not On Point (unless listing its own Items for auction), and it is those individuals or entities who are solely responsible for the accuracy of the descriptions and for all contractual and other warranties made, if any, with respect to the Items sold. You understand, acknowledge and agree that On Point is not and shall not be held responsible or liable to you for any of the Item description/information posted by On Point or any seller on the On Point Site's Auction or "Buy it Now" listing(s). While written descriptions are utilized in Item listings, the ultimate determination of the qualities of any Auction item or "Buy it Now" Item are determined by examination of the posted Item photographs.   5. SELLERS AND SELLER SERVICES. The Sellers Terms & Conditions entered into by and between On Point and Item Sellers govern a Seller's access to, and use of, On Point's Services as a Seller, whether it be via On Point Auction or "Buy it Now" listing. The Sellers Terms & Conditions are incorporated by reference as if the same were fully set forth herein and can accessed here: www.OnPointAuctionServiceLLC.hibid.com/home/selleruserterms. Sellers must be preapproved by On Point prior to participating in any Auction or "Buy it Now" listing and must maintain a current Seller account with On Point. A Seller must disclose certain account registration information to On Point prior utilizing On Point's Sites and Services. Said Seller information includes, but is not limited to, any information a Seller provides to On Point during the registration process, in any public message area or through any email feature. Sellers hereby represent and warrant that his/her/its Seller Information: (a) is true and accurate; and (b) does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines which may damage, detrimentally interfere with, intercept, or expropriate any system, data or personal information. Because Sellers utilizing On Point's Services and Sites may enter into binding legal agreements to sell Items being auctioned, On Point's Services are not available to minors.    6. BIDDERS AND BIDDER SERVICES. The Bidders Terms & Conditions entered into by and between On Point and Bidders govern a Bidder's access to, and use of, On Point's Services as a Bidder/Buyer, whether it be via On Point Auction or "Buy it Now" listing. The Bidders Terms & Conditions are incorporated by reference as if the same were fully set forth herein and can accessed here: www.OnPointAuctionServiceLLC.hibid.com/home/bidderuserterms. Bidders must be pre-approved by On Point prior to participating in any Auction or "Buy it Now" listing and must maintain a current Bidder account with On Point. A Bidder must disclose certain account registration information to On Point prior utilizing On Point's Sites and Services. Said Bidder information includes, but is not limited to, any information a Bidder provides to On Point during the registration process, in any public message area or through any email feature. Bidders hereby represent and warrant that his/her/its Bidder Information: (a) is true and accurate; and (b) does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines which may damage, detrimentally interfere with, intercept, or expropriate any system, data or personal information. By providing such information, Bidders expressly agree to the terms as set forth herein (and as hereafter amended). Because Bidders utilizing On Point's Services and Sites may enter into legally binding agreements to purchase Items being auctioned, On Point's Services are not available to minors. Sellers may have different standards for approving individual auction participants, and you may be required to apply for and obtain written approval to participate in a specific auction. In such circumstances, approved Bidders will receive a Bidder Number. Approval to participate in one auction does not guarantee approval to participate in any other auction. On Point and each Seller reserves the right to refuse to approve any individual or entity applying to participate in any Auction or "Buy it Now" listing as a Bidder.    7. AUCTION BIDS AND "BUY IT NOW" SALES. By placing a successful bid, or selecting the "Buy it Now" option on a Item listing, you are entering into a binding agreement between yourself and the Seller. Bids for a particular Item are subject to a minimum bid increment as posted. If you bid an amount below the minimum increment your bid will not be accepted. If you bid an amount between increments, On Point will automatically round your bid up to the nearest increment. Once accepted, bids may not be retracted or cancelled and, upon acceptance by the Seller, constitute a binding agreement between the Buyer and Seller. Bids for a Item do not apply to subsequent offerings of identical or similar Items. On Point reserved, in its sole discretion, the right to select any bid if several bids for the same amount are received at about the same time. A bid that was unsuccessful may be reinstated if a problem arises with a higher bid. Bidders placing a winning bid through Bidder Services will be notified by email. Reserve bid amounts are displayed at the discretion of the Seller. If you are the winning Bidder and do not pay your invoice or make plans to pay for your invoice within seven (7) days of the sale date, you will be charged a restocking fee of twenty-five percent (25%) of your invoice total. Additionally, you will be banned from all future On Point Auctions and "Buy it Now" listings as a Bidder or Siller. On Point is not liable for any errors made while operating the technology used to host or bid on online auctions.    8. "AS IS" / WHERE IS SALE. ALL ITEMS ARE SOLD "AS IS", WHERE IS. Descriptions are given to Items, but Bidders expressly agree that they are not relying on such description, but instead will base all decisions to bid based exclusively on Bidder's examination of the listing's Item photographs. If any item is removed from its holder, the Bidder waives all rights to asserts any claims or demands concerning that item and lot and waive any right to retain that item or lot.    9. PAYMENT. The following provisions govern procedures for the purchase of Items and related payment terms. Please note that all invoices issued over a two (2) day or four (4) day sale will be combined. a. PAYMENT DEADLINE. Payment for Items shall be immediately due and payable upon the conclusion of said Items' Auction or "Buy it Now" listing and presentment of an invoice. On Point reserves the right to cancel an invoice if payment in full is not received within seven (7) days after Auction close. In cases of nonpayment, On Point's election to cancel a sale does not relieve the successful Bidder from their obligation to pay On Point its fees (seller's and buyer's premium) on the Item listing and any other damages pertaining to Bidder's failure to tender payment. Alternatively, On Point at its sole option, may charge Bidder a twenty-five percent (25%) fee based on the Item's purchase price or pursue collection of the full amount of the winning/"Buy It Now" bid from the Bidder adding interest at the highest rate allowed by law and reasonable attorneys' fees. If payment is not received by On Point within thirty (30) days of the winning/"Buy It Now" bid, On Point may resell the items, applying any net proceeds to the amount(s) owed by the Bidder. In either case, On Point may offset the amount of its claim against any monies owing to the Bidder and secure its claim against any of the Bidder's property held by On Point. b. PAYMENT METHODS. On Point and Sellers utilizing On Point's auction and/or "Buy it Now" Services agree to accept the following exclusive forms of payment for Items and related costs/fees: i. Cash: United States Currency ii. Credit/Debit Cards: Credit/debit cards are only accepted for the payment of a given invoice (for Item's purchase price, buyer's premium or Convience Fee, and shipping & handling) totaling a maximum of two thousand five hundred dollars ($2,500.00). Credit/debit cards are not accepted for orders/invoices over two thousand five hundred dollars ($2,500.00). Buyers that needing their items shipped will be required to pay via credit/debit card. Subject to the aforementioned caveats, payments via credit card (Visa, Mastercard, and Discover) will incur a surcharge or convenience fee of seven and a half percent (7.5%). Said fee is subject to change without prior notice.  Payments via cash or good check will not incur this surcharge or Convenience Fee but may be subject to Bidder fees assessed by the utilized service provider. iii. Cashier's Checks: Cashier's Check made payable to "On Point Auction Service, LLC" and delivered to 5674 State Road 39, Mineral Point, 53565 within seven (7) days of the auction or "Buy it Now" sale concluding. Iv. Good personal check made payable to "On Point Auction Service, LLC" and delivered to 5674 State Road 39, Mineral Point, 53565 within seven (7) days of the auction or "Buy it Now" sale concluding.  Or payable upon time of purchase pickup as agreed upon by On Point and the Buyer.  v. Square: For current Square payment instructions, call (608-792-9540) or email (at onpointauction@gmail.com) On Point. c. BUYER'S PREMIUM. All bids are subject to a Buyer's Premium which is in addition to the successfully placed bid. For Item, the Buyer's Premium shall be zero percent (0%) subject to a minimum of zero dollars ($0.00) per lot. On Point's Buyer's Premium is subject change and may increase without further notice at On Point's sole discretion. d. UNPAID BALANCE AND DISHONORED PAYMENTS. If any Auction or "Buy it Now" invoice submitted by On Point to Bidder is not paid in full when due, the unpaid balance will bear interest at the highest rate permitted by law from the date of invoice until paid. Any invoice not paid when due will bear a three percent (3%) late fee on the invoice amount. If On Point refers any invoice to an attorney or third-party for collection, Bidder agrees to pay On Point's reasonable attorney's fees, court costs, and other collection costs incurred by On Point. In the event the Bidder fails to pay any amounts due, Bidder authorizes On Point to charge the Bidder's credit card on file with On Point in the amount required to pay the invoice in full (plus the applicable surcharge) or sell the Item(s) securing the invoice to any underbidders in the Auction that the Item(s) appeared, or at subsequent private or public sale, or relist the Item(s) in a future Auction or "Buy it Now" listing by On Point. A defaulting Bidder agrees that all items may be resold by On Point thirty (30) days after the invoice date, and agrees to pay for the reasonable costs for resale (including, but not limited to, a 15% seller's commission, if consigned to an Auction conducted by On Point). The defaulting Bidder is liable to pay any difference between the total original invoice for the Items(s) if sold at a private sale or the subsequent hammer price of the Items(s) less the 15% seller's commissions, if sold at On Point's Auction. Item title shall not pass to Bidder until all invoices are paid in full. On Point shall have a lien against the merchandise purchased by Bidder to secure payment of any and all outstanding invoices. On Point is further granted a lien and the right to retain possession of any other property of Bidder then held by On Point to secure payment of any invoice or any other amounts due to On Point from Bidder. With respect to these lien rights, On Point shall have all the rights of a secured creditor under Article 9 of the Wisconsin Uniform Commercial Code, including, but not limited to, the right of sale (including a 15% seller's commission, if consigned to an Auction conducted by On Point). If the Bidder receives any Item, Bidder agrees to hold such item in trust until On Point is paid in full. Any On Point auction is deemed a reasonably commercial sale. In addition, with respect to payment of invoices, Bidder waives any and all rights to offset he/she/it might otherwise have against On Point and the consignor of the Item(s) included in the invoice. If Bidder owes On Point on any account, On Point shall have the right to offset such unpaid account by any credit balance due Bidder, and it may secure by possessory lien any unpaid amount by any of the Bidder's property in its possession. In the event the Bidder's payment is dishonored upon presentment, Bidder shall pay the maximum statutory processing fee set by applicable Wisconsin state law, interest at the maximum rate allowed by law, and reasonable attorneys' fees. e. TAXES, DUTIES, AND CUSTOMS. Purchased Items may be subject to taxes, duties, customs and/or fees imposed by various domestic and/or foreign taxing authorities or governments. Bidder is solely responsible for payment of any and all such taxes, duties, customs and/or fees prior to delivery unless alternative arrangements are made in writing and pre-approved by On Point. Notice of compliance with Convention of International Trade in Endangered Species of Wild Fauna and Flora (CITES) for the purchase of Item(s) made from protected species or wildlife. Any Item(s) made of or incorporating endangered or protected species or wildlife may have import and/or export restrictions established by CITES in various countries and domestically. Plant and animal properties included, but are not limited to, items made of (or including) Brazilian rosewood, ivory, whalebone, turtle shell, coral, crocodile, alligator, lizard, or other wildlife. These items may not be available to ship internationally or, in some cases, domestically. Domestic bans and restrictions exist in these states: (1) California state law prohibits the importation of any item containing python skin into the State of California, (2) Fossil Ivory is currently banned or restricted in 5 U.S. States: New York, New Jersey, California, Hawaii, and New Mexico. By placing an Auction bid or selecting a "Buy it Now" option, the Bidder acknowledges that he/she/it is aware of any and all restrictions in their country or place of residence and takes responsibility for: (1) obtaining all information on such restricted items for both export and import; (2) obtaining all such licenses and/or permits. Delay, failure, or inability to obtain any such license or permit does not relieve the buyer of timely payment or afford them the capacity to void their purchase or payment. Lots and Items containing potentially regulated wildlife material may be noted in the description as a convenience to On Point's Bidders/Sellers. On Point does not accept liability for errors or failure to mark lots or Items containing protected, endangered, or otherwise regulated species. On Point is not liable for any loss caused by or resulting from: (1) seizure or destruction under quarantine or Customs regulation or confiscation by order of any government or public authority, or risks of contraband or illegal transportation of trade, or (2) breaking of statuary, marble, glassware bric-a-brac, porcelains, jewelry, and similar fragile articles.    10. ITEM SHIPPING & HANDLING / IN-PERSON PICK UP. By submitting a bid or selecting a "Buy it Now" purchase, the Seller and Bidder agree to On Point's shipping and handling policy and other charges, whether known or unknown to bidder at the time of bid. On Point does not personally transport or deliver Items unless in-person pick up at a secure location (not On Point's office) is pre-arranged by Bidder with On Point. Unless otherwise noted, On Point shall coordinate shipping of Items to successful Bidders through reputable third-party shipping service providers such as the United States Postal Service (USPS), United Parcel Service of America, Inc. (UPS), FedEx Corporate Services, Inc. (FedEx), Deutsche Post AG (DHL), or the like. On Point does not guarantee delivery of purchased Items by a specified date, or at all, due to reliance upon third-party shipping companies. While On Point implements commercially reasonable efforts to initiate shipping with third-party shippers within seventy-two (72) business hours of full and final payment, Bidder agrees that neither delivery of an item after the date desired or expected by Bidder, or loss of an item by a third-party delivery service, gives rise to grounds for a partial or complete refund or a credit card chargeback. Bidders understand, acknowledge and agree that once On Point turns over a purchased Item to a third-party shipper, Bidders' sole recourse for any alleged lost or delayed Item shall be directly through the third-party shipper and applicable its applicable insurance policy. Shipping available depending upon weight and size of item(s). Please contact On Point Auction Service before the close of the auction if you are interested in shipping.Shipping & Handling fees shall be included in the successful Bidder's Item invoice. Shipping & Handling fees are subject to change. All deliveries are subject to On Point's receipt and clearance of good funds. Purchased Item(s) can be picked up on Monday, November 18 from 4 -8 PM or on Tuesday, November 19 from 4-8 PM, in Cuba City, WI. The address of pick-up location is to be shared with Buyers. Buyers can pick-up the item(s) by appointment by contacting On Point at onpointauction@gmail.com or calling Dakota at (608)792-9540 and Justin at (608)574-9882.   11. NO GUARANTEES OR WARRANTIES. NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS MADE OR IMPLIED ON ANY ITEM/LOT. NO WARRANTY, WHETHER EXPRESSED OR IMPLIED, IS MADE WITH RESPECT TO ANY ITEM/LOT EXCEPT FOR WARRANTY OF TITLE, AND IN THE CASE OF TITLE, ON POINT IS SELLING ONLY THAT RIGHT OR TITLE TO THE ITEM/LOT THAT THE SELLER OR CONSIGNOR MAY HAVE AS OF THE AUCTION OR "BUY IT NOW" SALE DATE. IF A ITEM/LOT IS BEING AUCTIONED OR SOLD THROUGH A "BUY IT NOW" SALE ON A CONSIGNMENT BASIS OR AS AN AUCTION ITEM, ON POINT DISCLAIMS AND MAKES NO WARRANTY OF TITLE AS SUCH ITEMS PURCHASED PASS DIRECTLY FROM THE SELLER/CONSIGNER TO SUCCESSFUL BIDDER. ALL ITEMS/LOTS ARE SOLD "AS IS", WHERE IS, AND WITH ALL FAULTS. NO WARRANTY, WHETHER EXPRESSED OR IMPLIED IS MADE WITH RESPECT TO ANY DESCRIPTION, GRADE, OR PURPORTED VALUE CONTAINED IN ANY AUCTION OR "BUY IT NOW" LISTING. BIDDERS AND SELLERS AGREE THAT ON POINT IS NOT PROVIDING ANY WARRANTY, COVENANT OR REPRESENTATION WITH RESPECT TO THE ITEMS SOLD OR AUCTIONED THROUGH THE ON POINT SITE. BIDDER HEREBY ASSUMES ALL RISKS CONCERNING AND RELATED TO THE GRADING, QUALITY, DESCRIPTION, CONDITION, AND PROVENANCE OF A ITEM/LOT. COINS AND CURRENCY LISTED IN ON POINT'S CATALOG AS GRADED AND ENCAPSULATED BY PCGS, NGC, ANACS, ICG, PCGS CURRENCY, PMG, PCGS BANKNOTE GRADING, CMC OR ANY OTHER THIRD-PARTY GRADING SERVICE ARE LIKEWISE SOLD "AS-IS" EXCEPT AS EXPRESSLY SET FORTH HEREIN. ALL THIRD-PARTY GRADING SERVICE GUARANTEES, INCLUDING AUTHENTICITY, ARE THE SOLE RESPONSIBILITY OF THE THIRD-PARTY GRADING SERVICE AND NOT WARRANTIES OR GUARANTEES OF ON POINT. BIDDERS SHOULD CONTACT THESE THIRD-PARTY GRADING SERVICES DIRECTLY WITH RESPECT TO ANY CLAIMS OR QUESTIONS THEY MAY HAVE CONCERNING THEIR GUARANTEES AND WARRANTIES. BIDDERS ACKNOWLEDGE AND AGREE THAT AUCTIONEER IS NOT BOUND BY OR LIABLE FOR ANY OPINION OR CERTIFICATION BY ANY THIRD-PARTY GRADING SERVICE. REMOVAL OF A ITEM FROM ITS PROTECTIVE CASING OR HOLDER OR ALTERATION OF ANY COIN HOLDER WAIVES ALL RIGHTS CONCERNING THE ITEM CONTAINED THEREIN. ON POINT DOES NOT GUARANTEE OR COVENANT THE ACCURACY OF THE ITEM DESCRIPTION OR THAT THE IMAGES USED TO ILLUSTRATE ITEMS ARE CORRECT OR DO NOT VIOLATE TRADEMARKS OR COPYRIGHTS. ON POINT HAS NOT UNDERTAKEN ANY REVIEW OR DUE DILIGENCE WITH RESPECT TO THE INFORMATION CONTAINED ON THE ON POINT SITE AND PROVIDES NO GUARANTEES, COVENANTS, REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SAID INFORMATION OR ITS ACCURACY. YOU AGREE YOU DO NOT RELY ON ANY WRITTEN DESCRIPTIONS, BUT WILL ONLY BID BASED ON EXAMINATION OF THE ITEM/LOT PHOTOGRAPHS POSTED IN CONNECTION WITH THE AUCTION OR "BUY IT NOW" LISTING. You hereby acknowledge that the On Point Sites, the data entered into the Sites, and/or the Seller's auction or "Buy it Now" information may contain errors or inaccuracies. You understand, acknowledge and agree that the numismatic and precious metals markets are speculative, unregulated and volatile, and that coin, currency and precious metal values may rise or fall over time. On Point DOES NOT GUARANTEE OR REPRESENT THAT ANY BIDDER BUYER ITEMS FOR INVESTMENT PURPOSES WILL BE ABLE TO SELL SAID ITEMS FOR A PROFIT IN THE FUTURE. You further understand, acknowledge and agree that neither On Point, nor its owners, members, employees, affiliates, agents, representatives, third-party providers, or consignors warrant that Auctions or "Buy it Now" listings will be unimpaired, uninterrupted or error free and accordingly shall not be liable for such events.    12. CREDIT CARD CHARGEBACKS PROHIBITED. The "Limited Returns" provision set forth herein below provides the limited availability and procedure for facilitating Item returns in specified situation. Absent the express eligibility and strict adherence to the procedures for facilitating a return (which must be preauthorized by On Point in writing), Bidders shall not be entitled to return Items(s), partial or full refunds, wire recalls, stop payments on checks or credit/debit cards, or the initiation of a chargeback claim with a Bidder's credit/debit card provider. BIDDER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT THERE EXIST NO LEGAL BASIS FOR INITIATING A CHARGEBACK CLAIM FOR ANY PURCHASED ITEM, AND BIDDER SPECIFICALLY AGREES TO REFRAIN FROM THE FILING OF ANY SUCH CLAIM. In the event a Bidder does not receive a purchased Item within thirty (30) days of payment, or the Bidder takes issue with a Item's grading or condition, Bidder's only recourse shall be against the third-party shipping company's insurance and/or the appropriate grading service.    13. LIMITED RETURNS. The following terms shall govern the limited return policy available some Bidders for certain Item(s) under limited circumstances and only upon written pre-approval from a On Point authorized representative. a. No certified Item(s) may be returned because of possible difference of opinion with respect to the grade offered by any thirdparty organization, dealer or service. No guarantee of grade is offered for uncertified Item(s) sold and subsequently submitted to a third-party grading service. There are absolutely no exceptions to this policy. Bidder will solely rely upon the posted photographs of the Item/Lot, and agrees Bidder will not rely upon the written description. b. Under extremely limited circumstances (e.g. gross cataloging error), a successful Bidder may request On Point to evaluate voiding a sale, if and only if: (i) such request is made in writing detailing the alleged gross error and submitted to On Point (at onpointauction@gmail.com) within three (3) days of receipt of the Item(s); (ii) submission of the Item(s) to On Point are pre-approved by an authorized On Point representative; and (iii) the successful Bidder notifies On Point (5674 State Road 39, Mineral Point, WI 53565) in writing of such request within three (3) days of the Bidder's receipt of the Item(s). Any Item that is to be evaluated must be in Item's office (5674 State Road 39, Mineral Point, WI 53565) within thirty (30) days after the conclusion of the Item(s) auction. Grading or method of manufacture do not qualify for this evaluation process nor do such complaints constitute a basis to challenge the authenticity of Item(s). AT THE CONCLUSION OF THE AFOREMENTIONED THIRTY (30) DAY PERIOD, NO ITEMS MAY BE RETURNED FOR REASONS OTHER THAN AUTHENTICITY. IT IS WITHIN ON POINT'S SOLE DISCRETION TO DETERMINE WHETHER THE ALLEGED ERROR QUALIFIES FOR A PARTIAL, COMPLETE, OR NO REFUND (SUBJECT TO A 15% RESTOCKING FEE SET FORTH HEREIN). Returned Items must be housed intact in their unaltered original holders or packaging. Late remittance of payment for purchases may be considered just cause to revoke all return privileges. c. THREE (3) DAY RETURN POLICY. Certified Coin and Uncertified and Certified Currency lots paid for within seven (7) days of the auction or "Buy it Now" salemay be sold with three (3) day return privileges (only upon written pre-approval by On Point) unless otherwise noted in the description as "Sold As Is / No Return". You may return Item(s) under the following limited conditions with written pre-approval from On Point: (i) within three (3) days of receipt of the Item(s), you must first notify On Point by email (at onpointauction@gmail.com) and telephone (608-792-9540), obtain written pre-approval via email, and immediately ship the return Item(s) in their original condition, fully insured, and housed in their original holder or packaging, to the attention of "ON POINT AUCTION SERVICE, LLC - RETURNS, 5764 State Road 39, Mineral Point, WI 53565." Said return Item(s) must be in On Point's possession, custody and control within thirty (30) days after the conclusion of the Item(s) auction or such return privileges are revoked without further notice and the late Item will be shipped back to the Bidder at his/her/its sole expense. A non-negotiable restocking fee of fifteen percent (15%) of the purchase price ($10.00 per Item/lot minimum) will be deducted from the refund for each returned Item (or billed directly to the Bidder). Postage and handling, customs, and other fees are not refunded. After the three-day period (from Bidder's receipt), no Item(s) may be returned for any reason. Late remittance for purchases revokes all return privileges. d. Bidders who have inspected the Item(s) in-person prior to an auction or "Buy it Now" purchase, or bid through an agent, will not be granted any return privileges, except for reasons of authenticity.    14. RESTOCKING FEE. All Items which qualify for return and are returned in strict conformity with the notice and physical return requirements set forth herein, shall be subject to a mandatory restocking fee equal to twenty-five percent (25%) of the Item's Auction or "Buy it Now" purchase price.   15. WAIVER, RELEASE AND LIMITATIONS ON LIABILITY. IN CONSIDERATION OF PARTICIPATION IN ON POINT AUCTIONS OR "BUY IT NOW" LISTINGS, YOU, FOR YOURSELF, YOUR HEIRS, AGENTS, SUCCESSORS, AND ASSIGNS, GENERALLY AND SPECIFICALLY WAIVE AND RELEASE, AND FOREVER DISCHARGE ON POINT, AND ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS, AND REPRESENTATIVES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS, RIGHTS, DEMANDS, CAUSES OF ACTION, ARBITRATIONS, LAWSUITS, OR OTHER LEGAL PROCEEDINGS, OF WHATEVER KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO CLAIMS BASED UPON ON POINT'S ALLEGED NEGLIGENCE OR DIFFERING OPINION AS TO GRADE, WHETHER IN LAW OR EQUITY, TORT OR OTHERWISE, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHICH YOU MAY ASSERT WITH RESPECT AND/OR ARISING OUT OF, OR IN CONNECTION WITH ANY CHALLENGE TO THE TITLE TO OR AUTHENTICITY OF ANY ITEM PURCHASED, THE SALE ITSELF, ANY ITEM/LOT BID UPON OR CONSIGNED, THE AUCTION, OR THE "BUY IT NOW" LISTING, EXCEPT WHERE SUCH CLAIM IS OTHERWISE EXPRESSLY AUTHORIZED IN THIS AGREEMENT. IT IS YOUR INTENTION THAT THIS WAIVER AND RELEASE SHALL BE EFFECTIVE AS A BAR TO EACH AND EVERY CLAIM THAT MAY ARISE HEREUNDER OR BE RELATED TO THE SERVICES, AUCTION, "BUY IT NOW" LISTING, THE SITES, AND/OR THE ITEM(S), AND YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY AND ALL PURPORTED RIGHTS AND BENEFITS OTHERWISE CONFERRED UPON YOU BY STATUTE OR COMMON LAW.    YOU ASSUME ANY AND ALL DAMAGES RESULTING FROM YOUR USE OF ON POINT SERVICES AND THE SITES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ON POINT, ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ITS AFFILIATES, OR REPRESENTATIVES, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL, WORK STOPPAGE, TIME VALUE OR OTHER PECUNIARY LOSS AND/OR CLAIMS UNDER THE WISCONSIN DECEPTIVE TRADE PRACTICES ACT OR SIMILAR STATUTE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR INABILITY TO USE THE ON POINT SERVICES AND/OR SITES, OR NEGLIGENCE OF ON POINT OR OF ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR REPRESENTATIVES. ALL RIGHT TO A JURY TRIAL IS WAIVED. UNDER NO CIRCUMSTANCES WILL YOU SEEK ANY DAMAGES EXCEEDING THE AMOUNT PAID FOR AN ITEM OR LOT.    16. DISPUTE RESOLUTION, ARBITRATION AND REMEDIES. In consideration of the privilege to participate in On Point Auctions and sell or purchase Items through an Auction or "Buy it Now" listing, you accept the terms set forth in this Agreement and specifically agree to the dispute resolution provisions provided herein. a. Exclusive Dispute Resolution Process: All Claims, disputes, or controversies arising out of, in connection with, and/or relating to: (i) your use of the Sites, (ii) participation in an Auction or "Buy it Now" listing, (iii) purchase or sale of a Item, (iv) any interpretation of the Terms or any amendments thereto, (v) any description of any Item/lot or condition report, (vi) any damage to any Item, (vii) any alleged verbal modification of any Term or condition report or description, and/or (viii) any purported settlement whether asserted in contract, tort, under federal or state statute or regulation, or any claim made by you concerning a Item or your participatio