NOTE THAT ALL ITEMS IN THE AUCTION ARE LOCATED AT THE MAIN YARD AT 4136 I-37 N SERVICE RD, ODEM, TX. LOT 41, HITACHI EXCAVATOR IS LOCATED IN PLEASANTON, TX AT THE GOSSETT DISPOSAL SITE. SEE DRIVING DIRECTIONS FOR ACCESS. THESE TERMS AND CONDITIONS govern the relationship between you (the "Purchaser") and Tranzon Asset Advisors, LLC. (the "Auctioneer"). PLEASE READ ALL THE TERMS AND CONDITIONS CAREFULLY, THE AUCTIONEER WILL NOT WAIVE ANY TERM OR CONDITION CONTAINED HEREIN AND PUTS ALL PURCHASERS ON STRICT NOTICE THAT THESE TERMS SHALL BE ENFORCED. IMPORTANT NOTICE: UNLESS OTHERWISE STATED, ALL EQUIPMENT, PROPERTY, AND MATERIALS OFFERED FOR AUCTION (the "items") ARE BEING SOLD IN “AS IS, WHERE IS” CONDITION WITHOUT REPRESENTATION, WARRANTY OR GUARANTEE OF ANY KIND BY THE AUCTIONEER OR SELLER(S). 1. BUYER’S PREMIUM. A Buyer’s Premium of 15% will apply to all purchases. If buyer chooses to pay with a credit card there will be an additional 3% service charge. Wire transfers are considered cash and will not be assessed a 3% service charge. We accepted all Major Credit Cards. The Buyer’s Premium is added to your successful bid, and together with your successful bid equals your total purchase price, plus applicable sales tax, and other charges that are listed in this document and/or required by law, including any registration and transfer fees. 2. REMOVAL: LOCAL PICK UP ONLY!! Buyer is responsible for removal of item(s). Items can only be removed once full payment is received. Upon failure of Purchaser to pay for or collect goods within time specified as posted or announced, the Auctioneer shall have the option in its sole discretion of removing and storing the purchased items at the expense and risk of the Purchaser or may resell the purchased items without notice at public private sale or otherwise dispose of goods at the sole risk and expense of the Purchaser. The Purchaser shall remain liable for any losses, expenses and damages arising from the Purchaser's failure to make payment or to obtain the purchased items within the time specified by the Auctioneer. The Purchaser hereby indemnifies and holds the Auctioneer harmless against all losses, damages, expenses, including legal fees and transportation expenses arising directly or indirectly from the Purchaser's failure to make timely payment or to pick up purchased items within the time(s) specified by the Auctioneer. NOTE: BUYER IS RESPONSIBLE FOR PROVIDING THEIR OWN EQUIPMENT NECESSARY TO LOAD ITEMS OUT. AUCTION COMPANY WILL NOT HAVE EQUIPMENT ON SITE TO ASSIST IN ANY LOAD OUT. BID ACCORDINGLY. 3. IDENTIFICATION: All potential Purchasers are required to register prior to becoming an "Approved Purchaser". All Purchasers are required to give their full name or business name; permanent street address (P.O. Boxes will NOT be accepted or approved); phone number(s); email address, and website, if applicable. The information collected by the Auctioneer shall be used for the purposes of verifying identity of the successful Purchasers on certain lots of items, to enforce the terms of the auction, and for collection measures on failure to pay or to pick up purchased items on the part of the Purchasers. The auctioneer complies with relevant privacy legislation. 4. PAYMENT: Full payment is due within 24 hours of receipt of invoice. Payment can be made by cash, certified funds or wire transfer (preferred) or major credit card. Failure to pay may result in the items being sold to another purchaser. Auctioneer and seller reserve all rights under the law and in equity to pursue the buyer for collection of full payment. 5. NO WARRANTIES - All property is sold "as is and where is" and the Auctioneer makes no warranties or representations (express, implied or otherwise) regarding brand, manufacturer, merchantability, fitness, use, operation, or quality of the property and no statement anywhere shall be deemed such a warranty, representation or condition. Prospective Purchasers should inspect the property before bidding to determine its condition and quality. Each and every lot is sold by the Auctioneer with all faults and defects and with all errors of description and is to be taken and paid for whether genuine and authentic or not and no compensation shall be paid for same. The Purchaser shall indemnify and hold the Auctioneer harmless against any incorrectness, error, or imperfection not noted in the online catalog whether known or unknown by the Auctioneer. No deduction will be allowed on damaged articles as all goods being exposed for public exhibition are sold "as is" and without recourse. 6. COMPLIANCE WITH TERMS OF SALE: In case of buyer default of payment of the purchase price in full within the time therein specified, lots not paid for and removed within the time allowed herein may be resold at public or private sale without further notice (by the auctioneer), and any deficiency, together with all expenses and charges of resale including legal fees, will be charged to the defaulting Purchaser. 7. RIGHTS RESERVED. The Auctioneer reserves the right to reject any bid. The highest Purchaser acknowledged by the auctioneer will be the purchaser. In the event of any dispute between Purchasers, or in the event of doubt on the part of us as to the validity of any bid, the auctioneer will have the final discretion either to determine the successful Purchaser or to re-offer and resell the article in dispute. If any dispute arises after the sale, the Auctioneer's sale record is conclusive. The Auctioneer further reserves the right to withdraw any item(s) at any time before the actual sale. 8. OWNERSHIP - All items become the sole responsibility of the purchaser immediately at the expiration of the time allotted for the item. Although the Auctioneer will exhibit reasonable care to safeguard purchases, until removed by purchaser, no refunds or adjustments will be allowed for any shortages. If you believe you are entitled to an adjustment to your invoice due to missing or damaged item(s), you must report the problem to the Auction Coordinator. Once the equipment has left the premises, there will be no adjustments. If for any reason whatsoever a purchased item as bid cannot be delivered within that period of time of delivery provided for at the sale, the Buyer expressly waives any liability on the part of the Auctioneer and further agrees that any obligation with respect thereto shall be limited to the bid and paid for price for said purchased items. 9. PERSONAL AND PROPERTY RISK - Persons attending during exhibition, sale or removal of goods assume all risks of damage of or loss to person and property and specifically release and indemnify the Auctioneer, Seller, property owner and any of their partners agents or representatives from liability therefore. All buyers are urged to obtain insurance to protect against loss of property as well as liability and personal injury insurance. 10. RECORDS - The record of sale kept by the Auctioneer will be taken as final in the event of any dispute. 11. BIDS - The Auctioneer shall serve as regulator and arbitrator on all matters relating to bidding. No bidder may retract a bid. Auctioneer reserves the right to ban any person from further bidding if the Auctioneer deems them overly disruptive or engaged in sham bidding with no intention of complying with the terms of sale 12. HOLD HARMLESS AND INDEMNITY – The buyer does hereby assume and does agree to indemnify and hold the Auctioneer and Seller harmless from any future claim, which shall pertain to the fitness or use of any and all assets being purchased. 13. REMOVAL and SHIPPING – All removal items are the sole and complete responsibility and expense of the Buyer. Removal of all items will be Monday through Wednesday, March 27th - 29th (Removal hours are 8:00 am to 4:00 pm each day). No Weekends. NOTE: BUYER IS RESPONSIBLE FOR PROVIDING THEIR OWN EQUIPMENT NECESSARY TO LOAD ITEMS OUT. AUCTION COMPANY WILL NOT HAVE EQUIPMENT ON SITE TO ASSIST IN ANY LOAD OUT. BID ACCORDINGLY. 14. LOTS CONTAINING MORE THAN ONE ITEM - For lots with multiples quantities: The articles you receive may have cosmetic or other variances from the photographed or described item(s). By agreeing to these term all buyers agree that they are relying on their own inspection and not on information provided by the auctioneer or seller. 15. Sales tax will be collected on all items except titled vehicles, unless the purchaser provides a copy of a valid resale or other exempting tax number. NOTE TO BIDDERS: AUCTIONEER UTILIZES ATGPAY THROUGH PROXIBID: atgPay is Proxibid’s new secure and seamless payment processing system that enables you to pay Sellers for items you won. atgPay Is...Fast: Spend less time arranging payments and more time discovering new lots or enjoying your items. Easy: Pay directly from your Proxibid account, with a few clicks. Secure: We meet the strictest requirements for security and PCI compliance. Read the atgPay Terms & Conditions for Buyers here: https://discover.proxibid.com/buyerpaymentsterms/ WHY AM I BEING CHARGE SALES TAX? As a result of recent and ongoing legislation, most U.S. states now require businesses to collect and remit sales tax on online purchases made from their states. Regardless of where sellers are located, they are required to charge tax for online sales if your state mandates it. Each state has different requirements and thresholds on what is taxed and the rate. Sales tax will be calculated, collected, and remitted on all purchases made on Proxibid (if payment is collected through atgPay) by buyers in the following states: https://support.proxibid.com/hc/en-gb/articles/8271819448593-atgPay-Sales-Tax, In the 2018 South Dakota v Wayfair decision, https://www.supremecourt.gov/opinions/17pdf/17-494_j4el.pdf, the U.S. Supreme Court overruled two previous decisions that held that a state can only require sellers of goods and services to collect tax when they have a physical presence in the state. As a result of South Dakota v. Wayfair, states can now impose tax collection responsibilities on sellers who have an economic presence without any physical presence. Remote sellers are out-of-state sellers whose only activity in a state is the remote solicitation of sales. Remote sellers have state tax collection and reporting obligations if they have economic nexus in the state. For sales tax purposes, each state has the right to tax the sale in the state where delivery occurs. The seller should collect the tax for the state where the property is delivered to the customer. ALL BIDDERS WILL BE CHARGED SALES TAX UNLESS BIDDER HAS PROVIDED A PROPER SALES TAX EXEMPTION OR RESALE CERTIFICATE. Here are directions for providing the sales tax exemption or resale certificate: 1. On the BIDDER CHECKOUT page, there is a "Tax Exempt?" link next to the Sales Tax line item on the order summary. 2. Clicking this link will open a dialog box instructing you to "Add Certificates" if you believe you are tax exempt for this invoice. 3. Clicking "Add Certificate" will auto-create a message to payments@proxibid.com that pre-populates key information including your Bidder Username, Auction ID, Auction House, etc. and requests that you attach the certificate/proof as a PDF or JPG. 4. Proxibid's Payment Operations team will review the certificate/proof, amend the invoice as necessary, and provide an updated invoice to you within two (2) business days. Please note that tax exemption certificates are stored securely. Click this link for instructions on Tax Exemption Certificates: https://support.proxibid.com/hc/en-gb/articles/8271988855441-atgPay-Tax-Exemption-Certificates 16. TITLED VEHICLES/TRAILERS - ALL titled vehicles and trailers will be noted in the description if we have the Title. Otherwise it will be denoted as Bill of Sale Only meaning we do not have a title to the unit. Titles may take up to 30 days to transfer as some titles are coming from the Secured Creditor. BY AGREEING TO THESE TERMS, THE BUYER ACKNOWLEDGES AND AGREES THAT ANY VIOLATION OF THE TERMS SET FORTH HEREIN MAY RESULT IN COSTS AND FEES BEING AWARDED AGAINST THE PURCHASER. SUCH FEES MAY INCLUDE BUT ARE NOT LIMITED TO, ATTORNEYS FEES, COURT COSTS, COST OF COLLECTION AND ANY RELATED FEES, STORAGE AND MOVING FEES OR DEFINCIENCIES IF ITEMS NEED TO BE RESOLD.