Special Terms A 7% Buyers Premium applies to online bidders. Internet bidders or those not present at the live auction or preview understand and acknowledge that they are not able to inspect an item as well as if they examined it in person. It is the Bidders responsibility to determine condition, age, genuineness, value or any other determinative factor. Hours are listed as shown on equipment. Auctioneer does not guarantee authenticity of listed equipment hours nor will be responsible for any errors or omissions in the description of the merchandise. CAP Auctions is providing Internet pre-auction and live bidding as a service to both Bidder & Seller. If service is interrupted or a communication error occurs, under no circumstances shall Bidder or Seller have any kind of claim against Auctioneer. __________________________________________________________________________________ General Info All onsite bidders must register at the sale office with valid drivers license. CAP AUCTIONS, herein referred to as auctioneer, reserves the right to deny or revoke any buyer or seller at any time, without notice or consent at their sole discretion. Auctioneers at their discretion will have the final say as to disputes among bidders and sellers. Auctioneer reserves the right to add or remove items from the auction and make alterations to any auction items or terms & conditions at any time. Announcements the day of the sale take precedence over all printed matter and advertising. Settlement Terms All purchases must be settled on Sale Day prior to removing items. Full settlement by Cash, Cashier's Check or Company and Personal Checks must have a Bank Letter of Credit. Credit Card convenience fee of 3% applies. All checks should be made payable to CAP AUCTIONS. ***Sample Bank Letter of Guarantee***Must be on bank letterhead***Original*** (Date) "( NAME ) is a customer of this bank, ( NAME OF BANK, BRANCH, LOCATION, ADDRESS, PHONE#). This bank will guarantee unqualified payment to CAP Auctions, 1009 N. Earl Rudder #210, Bryan, TX 77802 on account # _________up to the amount of $_________. No stop payment will be issued regarding this transaction. This letter expires on (please write the date as 30 days from auction date)" Sincerely, (Bank representative) Sales Tax All Sales will be subject to State and Local Sales Tax Laws. A person claiming an exemption from sales tax for farm use on certain items is required to have a Texas Agriculture Exemption registration number. Buyers Premium For onsite bidders, a 5 or10%(See Sale Advertisement) administrative fee per item will be charged to all purchases. Internet bidders are subject to additional fees (See SPECIAL TERMS at proxibid.com under the terms of this auction). Auction Site ALL BIDDERS AT THE AUCTION SITE ARE THERE AT THEIR OWN RISK. Bidder agrees the auction site is potentially dangerous due to equipment operation. Regardless of cause, Auctioneer or its agents will not be responsible for any injury to anyone at the auction site. Online Bidding CAP Auctions is providing Internet pre-auction and live bidding as a service to both Bidder & Seller. If service is interrupted or a communication error occurs, under no circumstances shall Bidder or Seller have any kind of claim against Auctioneer. No Warranties All sales are AS-IS, WHERE-IS, and with all faults. Bidder has had the opportunity to inspect all sale items and bidder agrees to solely rely on his/her inspection. We STRONGLY ENCOURAGE you to perform on-site inspections prior to the auction. All sales are final. Bidder will not be entitled to any adjustment, allowance, or damages or any other remedy regarding the condition of any item purchased. Risk of Loss The Buyer is responsible for their items once the auctioneer accepts the highest bid. Buyer assumes all risk and holds CAP AUCTIONS harmless of any liability resulting from theft, accidents, or fire. Buyer agrees to obtain full liability insurance coverage as may be required by law. Titles Titles are not available on sale day and will be mailed to purchaser approximately 10 business days after satisfactory settlement. No items will be sold in auction unless the title is present before the auction. No titles will be available if vehicles are marked 'No Title'. A $50 processing fee will be charged to both the buyer and seller for all titled items in the auction. Loading / Shipping Buyer is responsible for all shipping logistics and costs. All items must be removed two weeks after the sale. CAP AUCTIONS or employees are not responsible for loading or unloading equipment but will assist you with your equipment. We are not responsible for securing loads. Agency Auctioneer is an agent of the seller and has completed a consignment contract with the seller. Auctioneer is permitted to place bids on behalf of seller or an absentee bidder at their sole discretion. CAP AUCTIONS is a division of Coleman & Patterson, LLC, a full service auction company specializing in selling real estate and large assets. Please contact one of our Auctioneers at 1-888-300-0005 to discuss your auction needs.