GENERAL ON-SITE & ON-LINE BIDDING TERMS & CONDITIONS

ALEXANDER AUCTIONS EQUIPMENT AUCTION – ON-LINE ONLY

BIDDING ENDING THURSDAY, MARCH 27^TH, 2014

239 UNIVERSITY STREET, MARTIN, TN 38237

THE PROPERTY LISTED AND DESCRIBED ON THE ATTACHED LIST WILL BE OFFERED UNDER THE FOLLOWING TERMS AND CONDITIONS OF SALE, WHICH TERMS AND CONDITIONS OF SALE AND DESCRIPTIONS OF ITEMS LISTED ON THE ATTACHMENT, MAY BE AMENDED, UPDATED OR ALTERED AT THE TIME AND PLACE OF THE AUCTION FROM THE AUCTION BLOCK. THESE TERMS AND CONDITIONS OF SALE AND ANY ANNOUNCEMENTS FROM THE AUCTION BLOCK SHALL BE BINDING ON ANY BIDDER, WHETHER PRESENT OR REPRESENTED BY AN AGENT, ANY ABSENTEE BIDDER OR ON-LINE BIDDER. BUYERS ARE BOUND BY THESE TERMS AND CONDITIONS OF SALE.

1. TERMS OF SALE: ALL PROPERTY IS SOLD “AS-IS” AND “WHERE-IS” AND NEITHER ALEXANDER AUCTIONS & REAL ESTATE SALES, THE AUCTIONEER, NOR THE SELLER MAKES ANY EXPRESSED OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND OR NATURE WITH RESPECT TO THE PROPERTY BEING SOLD. IN NO EVENT SHALL ALEXANDER AUCTIONS & REAL ESTATE SALES, THE AUCTIONEER, NOR THE SELLER BE RESPONSIBLE FOR THE CORRECTNESS OF OR BE DEEMED TO HAVE MADE ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESCRIPTION, SIZE, GENUINENESS, YEAR OF MANUFACTURE, ATTRIBUTION, PROVENANCE OR CONDITION CONCERNING THE PROPERTY OR ANY WARRANTY THAT ANY ITEM COMPLIES WITH ANY APPLICABLE FEDERAL OR STATE LAWS. NO STATEMENT SET FORTH IN THE ATTACHED LIST OR MADE AT THE AUCTION OR IN THE BILL OF SALE OR INVOICE OR ELSEWHERE, WHETHER ORAL OR WRITTEN, SHALL BE DEEMED SUCH A WARRANTY OR REPRESENTATION OR AN ASSUMPTION OF LIABILITY. ALEXANDER AUCTIONS & REAL ESTATE SALES, & THE AUCTIONEER, MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY OF THE DESCRIPTIONS OR REPRESENTATIONS WHICH WERE PROVIDED BY THE

SELLER AND ARE LISTED ON THE ATTACHED OR AS TO THE CONDITION OF THE ITEM.

2. BUYER’S PREMIUM

INTERNET BIDDING ON-LINE & ABSENTEE BIDDING: A 10% BUYER’S PREMIUM WILL BE ADDED TO THE FINAL BID OF EACH ITEM TO REACH THE TOTAL SALES PRICE FOR ALL ITEMS THAT ARE PAID FOR BY CASH, CASHIER’S CHECK, CERTIFIED FUNDS, WIRE TRANSFER.

INTERNET BIDDING ON-LINE & ABSENTEE BIDDING: A 13% BUYER’S PREMIUM WILL BE ADDED TO THE FINAL BID OF EACH ITEM TO REACH THE TOTAL SALES PRICE OF ALL TIMES THAT ARE NOT PAID FOR BY CASH, CASHIER’S CHECK, CERTIFIED FUNDS, OR WIRE TRANSFER. WE ACCEPT VISA AND MASTERCARD ONLY.

3. CONDITION OF EQUIPMENT AND ITEMS SOLD: ALL INFORMATION IS BELIEVED TO BE ACCURATE, BUT NEITHER THE AUCTIONEER NOR THE SELLER SHALL BE RESPONSIBLE FOR THE CORRECT DESCRIPTION, GENUINENESS, AUTHENTICITY OF, OR DEFECT IN ANY LOT, AND MAKES NO WARRANTY IN CONNECTION THEREWITH. NO SALE SHALL BE SET ASIDE NOR ALLOWANCE MADE ON ACCOUNT OF ANY INCORRECTNESS, ERROR IN CATALOGING, OR ANY IMPERFECTION NOT NOTED. NO ADJUSTMENT WILL BE ALLOWED ON DAMAGED ARTICLES, ALL ITEMS ARE AVAILABLE FOR INSPECTION AND SOLD “AS IS” WITHOUT RECOURSE.

4. OWNERS HAVE PROVIDED INFORMATION AS TO THE OPERATING CONDITION. CALL ALEXANDER AUCTIONS FOR QUESTIONS AT OFFICE # (731) 587-4244 AND MARVIN’S CELL # (731) 225-7368.

5. PAYMENT: ALL PURCHASES MUST BE PAID FOR ON SALE DAY. ALL BUYERS AGREE TO PAY FOR THEIR PURCHASES NO LATER THAN THE DAY OF THE AUCTION. ALL PAYMENTS ARE TO BE MADE IN U.S. CURRENCY BY CASH, CASHIER'S BANK CHECK, CERTIFIED BANK CHECK, OR PERSONAL CHECK WITH IRREVOCABLE BANK LETTER OF GUARANTEE TO ALEXANDER AUCTIONS & REAL ESTATE SALES, REQUIRED OF ALL PURCHASERS NOT PERSONALLY KNOWN BY THE AUCTION COMPANY. PURCHASERS WHO WISH TO PAY BY PERSONAL CHECK MUST BE CLEARED BY ALEXANDER AUCTIONS & REAL ESTATE SALES OR BY THE SELLER. ALL PROSPECTIVE BIDDERS ARE REQUIRED TO PRE-REGISTER FOR A BIDDING NUMBER AND GIVE EVIDENCE OF THEIR CREDIT-WORTHINESS.

6. ALEXANDER AUCTIONS & REAL ESTATE SALES WILL NOT TOLERATE ANY EXCUSES FOR A CHECK THAT DOES NOT CLEAR. PERSONAL CHECKS ARE ACCEPTED FROM PEOPLE WHO WE HAVE BEEN APPROVED AND WE EXPECT THESE CHECKS TO CLEAR THE BANK IMMEDIATELY.

7. COMPLIANCE WITH THE TERMS OF SALE – IN DEFAULT OF PAYMENT OF BILLS IN FULL WITHIN THE TIME ANNOUNCED FOR THIS AUCTION THE AUCTIONEER IN ADDITION TO ALL OTHER REMEDIES ALLOWED BY LAW, MAY RETAIN ALL MONIES RECEIVED AS DEPOSIT OR OTHERWISE, AS LIQUIDATED DAMAGES. LOTS NOT PAID FOR WITHIN THE TIME SPECIFIED HEREIN MAY BE RESOLD AT PUBLIC OR PRIVATE SALE WITHOUT FURTHER NOTICE. ANY RESULTING DEFICIENCY TOGETHER WITH ALL EXPENSES AND COSTS OF RE-SALE WILL BE THE RESPONSIBILITY OF THE DEFAULTING PURCHASER. EACH BUYER IN MAKING A BID DOES HEREWITH AGREE TO COMPLY WITH THE TERMS AND CONDITIONS AS HEREIN STATED AND AS OTHERWISE SET FORTH. THE FAILURE OR DEFAULT BY A SUCCESSFUL BUYER TO FULLY COMPLY WITH THE TERMS AND CONDITIONS HEREIN WILL BE TREATED AS AN IMMEDIATE BREACH AND THE DEPOSIT AS MADE RETAINED AND APPLIED TOWARD ANY DEFICIT IN ADDITIONAL COSTS OR CHARGES AS INCURRED TO EFFECT THE RESALE OF THAT PROPERTY AT PRIVATE OR PUBLIC SALE. THERE SHALL BE NO FURTHER NOTICE REQUIRED TO THE BUYER ONCE A DEFAULT HAS OCCURRED. THE OBLIGATION OF THE BUYER SHALL BE FOR COSTS AS INCURRED, PLUS ANY DEFICIT INCLUDED ARISING FROM THE BUYER’S DEFAULT.

8. ARTICLES BEING SOLD ARE AVAILABLE FOR INSPECTION, AND SOLD "AS IS” “WHERE IS” AND WITHOUT RECOURSE AND WITH NO WARRANTY, GUARANTY AS TO OPERATING CONDITION, PHYSICAL CONDITION OR PARTICULAR FITNESS FOR USE. YOU SHOULD MAKE AN INSPECTION OF THESE ITEMS BEFOREHAND SO THAT YOU ARE SATISFIED WITH THEIR CONDITION. ARTICLES ARE NOT WARRANTED AS MERCHANTABLE OR FIT FOR ANY PARTICULAR PURPOSE OR PARTICULAR USE, AND NO CLAIM MAY BE MADE BY PURCHASER RELATING TO THE CONDITION OR USE OF ARTICLES PURCHASED OR FOR PROXIMATE OR CONSEQUENTIAL DAMAGES ARISING THERE FROM.

9. BIDDERS WHO BID OFF-SITE AND ARE NOT PRESENT AT THE LIVE AUCTION OR PREVIEW UNDERSTAND AND ACKNOWLEDGE THAT THEY MAY NOT BE ABLE TO INSPECT AN ITEM AS WELL AS IF THEY EXAMINED IT IN PERSON. IT IS THE BIDDER’S RESPONSIBILITY TO DETERMINE CONDITION, AGE, GENUINENESS, VALUE OR ANY OTHER DETERMINATIVE FACTOR AND PLACE THEIR BID ACCORDINGLY.

10. SAFETY DEVICES: ARTICLES PURCHASED MAY NOT INCORPORATE APPROVED ACTIVATING MECHANISMS, OPERATING SAFETY DEVICES OR SAFETY GUARDS, AS REQUIRED BY OSHA OR OTHERWISE. IT IS PURCHASER'S RESPONSIBILITY THAT ARTICLES PURCHASED BE SO EQUIPPED AND SAFEGUARDED TO MEET OSHA AND ANY OTHER REQUIREMENTS BEFORE PLACING SUCH ARTICLES INTO OPERATION.

11. INDEMNIFICATION: PURCHASER SHALL DEFEND AND INDEMNIFY AND HOLD AUCTIONEER AND SELLER HARMLESS FROM AND AGAINST ALL CLAIMS AND LIABILITIES RELATING TO THE CONDITION OF, REMOVAL OF, OR USE OF THE ARTICLES PURCHASED OR FAILURE OF USER TO FOLLOW INSTRUCTIONS, WARNINGS OR RECOMMENDATIONS OF THE MANUFACTURER, OR TO COMPLY WITH FEDERAL, STATE, AND LOCAL LAWS APPLICABLE TO SUCH ARTICLES, INCLUDING OSHA REQUIREMENTS, AND ENVIRONMENTAL PROTECTION AGENCY REQUIREMENTS, OR FOR PROXIMATE OR CONSEQUENTIAL DAMAGES, COSTS OR LEGAL EXPENSES ARISING THERE FROM.

12. THE PURCHASER DOES HEREBY ACKNOWLEDGE THAT THE SUBJECT PROPERTY IS PURCHASED AT PUBLIC AUCTION AND THAT A PREREQUISITE TO BIDDING IS THAT ALL PROPERTY, WHETHER REAL OR PERSONAL, IS PURCHASED ABSOLUTELY “AS IS” WITH NO WARRANTY WHATSOEVER AS TO THE CONDITION OF THE SAME.

13. CONFIRMATION OF PURCHASE: TITLE TO PERSONAL PROPERTY SHALL PASS TO THE CLOSING TIME OF THE AUCTION SUBJECT TO RESERVE SALES PRICE AND SUBJECT TO THE COMPLIANCE BY THE BUYER OF THE CONDITIONS OF SALE. ALEXANDER AUCTIONS & REAL ESTATE SALES DO NOT AND WILL NOT BE RESPONSIBLE FOR OR FURNISH ANY SECURITY FOR SOLD ITEMS.

14. SALES TAX WILL BE COLLECTED ON ALL TAXABLE ITEMS. ALL FARMERS MUST PRESENT THEIR FARM EXEMPTION NUMBER CARD TO BE TAX EXEMPT ACCORDING TO THE TENNESSEE TAX STATUE.

15. TITLES: PURCHASERS NAME SHALL BE INCLUDED ON VEHICLE TITLES EXCEPT FOR DEALERS. NO OPEN TITLES WILL BE GIVEN OUT AND NO NAMES WILL BE SWITCHED AFTER THE DAY OF THE AUCTION.

16. BUMPER PULL TRAILERS AND SHOP MADE TRAILERS WILL BE SOLD WITHOUT TITLES.

17. ALEXANDER AUCTIONS SHALL NOT HAVE ANY LIABILITY IF YOUR BID IS NOT ENTERED.

18. INTERNET ON-LINE BIDS CANNOT BE RETRACTED. ALL BIDS ARE BINDING.

19. DISPUTE BETWEEN BIDDERS: IF ANY DISPUTE ARISES BETWEEN TWO OR MORE BIDDERS, THE AUCTIONEER MAY DECIDE THE SAME OR MAY IMMEDIATELY PUT THE LOT OR ITEM UP FOR SALE AGAIN, AND RE-SELL TO THE HIGHEST BIDDER. THE DECISION OF THE AUCTIONEER SHALL BE FINAL AND ABSOLUTE.

20. ADDITION TO OR WITHDRAWAL FROM SALE: THE AUCTIONEER RESERVES THE RIGHT TO WITHDRAW FROM SALE ANY OF THE ITEMS; TO SELL AT THIS AUCTION ITEMS NOT LISTED; TO GROUP ONE OR MORE LOTS INTO ONE OR MORE SELLING LOTS OR TO SUBDIVIDE INTO TWO OR MORE SELLING LOTS. THE AUCTIONEER ALSO RESERVES THE RIGHT TO SELL ALL OF THE ITEMS LISTED IN BULK.

21. INDEPENDENT CONTRACTOR: THE AUCTIONEER IS ACTING AS AN INDEPENDENT CONTRACTOR ONLY AND IS NOT RESPONSIBLE FOR THE ACTS OF ITS PRINCIPALS OR SELLERS.

22. 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 ALEXANDER AUCTIONS & REAL ESTATE SALES, THE AUCTIONEER FROM LIABILITY THEREFORE. NEITHER ALEXANDER AUCTIONS & REAL ESTATE SALES, THE AUCTIONEER NOR HIS PRINCIPAL OR SELLER SHALL BE LIABLE BY REASON OF ANY DEFECT IN OR CONDITION OF THE PREMISES IN WHICH THE SALE IS HELD.

23. RECORDS: THE RECORD OF SALE KEPT BY ALEXANDER AUCTIONS & REAL ESTATE SALES, THE AUCTIONEER AND BOOKKEEPER WILL BE TAKEN AS FINAL IN THE EVENT OF ANY DISPUTE.

24. NOMINAL BIDS: ANY BID WHICH IS MERELY A NOMINAL OR FRACTIONAL ADVANCE MAY BE REJECTED BY THE AUCTIONEER, IF IN HIS JUDGMENT IT MAY AFFECT THE SALE NEGATIVELY.

25. ADDITIONAL TERMS AND CONDITIONS: ADDITIONAL TERMS OR CONDITIONS OF SALE MAY BE ADDED BY AUCTIONEER BY ANNOUNCEMENT OR POSTED ON THE PREMISES PRIOR TO THE AUCTION. ALL ANNOUNCEMENTS MADE FROM THE AUCTION STAND WILL TAKE PRECEDENCE OVER ANY PREVIOUS ANNOUNCEMENTS OR STATEMENTS.

26. ANY INDIVIDUAL HERE HAS THE RIGHT TO BID, INCLUDING ANYONE ATTENDING THIS AUCTION OR WORKING IN THIS AUCTION.

27. ALEXANDER AUCTIONS IS PROVIDING INTERNET ON-LINE BIDDING AS A SERVICE TO BIDDER. BIDDER ACKNOWLEDGES AND UNDERSTANDS THAT THIS SERVICE MAY OR MAY NOT FUNCTION CORRECTLY THE DAY OF AUCTION. UNDER NO CIRCUMSTANCES SHALL BIDDER HAVE ANY KIND OF CLAIM AGAINST ALEXANDER AUCTIONS AND REAL ESTATE SALES OR ANYONE ELSE IF THE INTERNET SERVICE FAILS TO WORK CORRECTLY BEFORE OR DURING THE LIVE AUCTION.

28. ALEXANDER AUCTIONS & REAL ESTATE SALES WILL NOT BE RESPONSIBLE FOR ANY MISSED BIDS FROM ANY SOURCE.

29. INTERNET BIDDERS WHO DESIRE TO MAKE CERTAIN THEIR BID IS ACKNOWLEDGED SHOULD USE THE MAX-BID AND PLACE THEIR MAXIMUM BID HOURS BEFORE THE AUCTION ENDS.

30. FORCE BIDDING ON-LINE: "FORCING THE BID" IS A BIDDING STRATEGY BY WHICH A BIDDER INCREASES THE BID BY MORE THAN THE NEXT ACCEPTED BID (PLACING YOUR BID AT $150 WHEN THE NEXT ACCEPTED BID IS $125). THIS PRACTICE IS USED BY SOME BIDDERS TO DISCOURAGE OTHERS FROM BIDDING IN HOPES OF ACQUIRING AN ITEM AT A LOWER PRICE. THERE ARE MANY THEORIES ON THE EFFECTIVENESS OF THIS PRACTICE AND A BIDDER WHO WISHES TO APPLY IT DOES SO AT THEIR OWN DISCRETION. THE AUCTION COMPANY WILL NOT LOWER THE PRICE OF AN ITEM THAT HAS BEEN WON BY A "FORCED" BID WITH NO OTHER COMPETING BIDS

30. ALL ON-LINE BUYERS ACKNOWLEDGE AND ACCEPT BY SIGNATURE THESE TERMS AND CONDITIONS PROVIDED AT TIME OF REGISTRATION BY REGISTERING FOR A NUMBER.

31. ALL ON-LINE BUYERS ACKNOWLEDGE AND ACCEPT BY SIGNATURE THESE TERMS AND CONDITIONS PROVIDED AT TIME OF REGISTRATION BY REGISTERING FOR A NUMBER WITH WWW.ALEXANDERAUCTIONS.COM.

32. PLEASE DO NOT CALL THE AUCTION CENTER THE DAY OF THE AUCTION.

AUCTION CONDITIONS - REMOVAL TERMS

REMOVAL:

1. EQUIPMENT TO BE REMOVED WITHIN (10) TEN DAYS AFTER THE AUCTION.

2. BUYERS ARE RESPONSIBILITY FOR REMOVAL, TRANSPORTATION AND HANDLING OF PURCHASES.

WE APPRECIATE YOUR ATTENDING THIS AUCTION AND WILL BE GLAD TO ANSWER ANY QUESTIONS YOU MAY HAVE.

Alexander

AUCTIONS & REAL ESTATE SALES

MARVIN E. ALEXANDER CAI, Auctioneer TL9, FL 107

239 University Street * P O Box 129, MARTIN, TN 38237 * (731) 587-4244

See Our Website: www.alexanderauctions.com

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On-Line Only Consignment Auction