Auction Terms & Conditions Auction Terms & Conditions READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THE SITE OR BY PARTICIPATING IN THE ONLINE AUCTION, YOU AGREE TO THESE TERMS AND CONDITIONS AND MAKE REPRESENTATIONS AS SET OUT HEREIN. THESE TERMS AND CONDITIONS ARE LEGALLY BINDING AND IF YOU VIOLATE ANY OF THEM, TEXAS AUCTION COMPANY LLC, AND ITS EMPLOYEES, AGENTS AND REPRESENTATIVES OR THE OWNER/SELLER MAY SEEK LEGAL RELIEF, INCLUDING BUT NOT LIMITED TO, REPORTING YOUR CONDUCT TO APPROPRIATE LAW ENFORCEMENT ENTITIES. PLEASE NOTE THAT THESE TERMS INCLUDE AN AGREEMENT BY WHICH YOU INDEMNIFY OWNER/SELLER AND AUCTION COMPANY. REGISTRATION All persons desiring to bid must register prior to the auction to get a bidder number. Registration is free. A valid credit or debit card number in the bidder's name is required. This is an online only auction. Some lots may have extended bidding, and this scenario applies to all online auction lots. Posted closing times and displays of auction current time are approximate. By registering for our auctions, you are opting in to our email and text reminders. To opt-out, simply unsubscribe. INSPECTION / DESCRIPTION OF ITEMS Inspection / Preview date: Preview is held in New Braunfels, TUESDAY, 12 TO 5 PM before the auction. All lots will be ready and bidders are encouraged to come to the location to inspect items, preview hours are from 12:00 am to 5:00 pm. It is the responsibility of the buyer to have inspected the merchandise thoroughly, and to have satisfied themselves as to its condition and value, and to bid based upon that judgment solely. All items are sold "as is, where is" with no warranty, either expressed or implied. Stock photos are for item identification ONLY. Texas Auction Company LLC shall not be responsible for the correct description, authenticity, genuineness, or defect in any lot and makes no warranty in connection therewith. We do not fully inspect every item and advise you to do so on auction inspection day. No allowance, refund or set aside will be made on account of any incorrectness, error, imperfection, defect, or damage. Any Buyer Discrepancies must be reported at the Seller's Physical Location at time of removal. No Exceptions. Any descriptions or representations are for identification purposes only and are not to be construed as a warranty of any type. There will be no charge backs, stop payments or refunds. PREMIUM AND PAYMENTS Buyer's premium: a 15% buyer premium is in effect for this auction. Invoices under $10,000.00 will be charged after the auction on the credit / debit card registered with. Invoices over $10,000.00 will be charged a $1,000.00 non refundable deposit. The remaining payment will be due by WIRE TRANSFER the next business day. We DO NOT accept cash. We Only Accept Credit/Debit Cards and Wire Transfers. A $10 Declined Payment Fee will be added to any Credit Card that is not valid. NO PERSONAL OR CASHIERS CHECKS. If we have not heard from you, we reserve the right to charge your credit card for the invoice balance at any time. Shipping will not be handled automatically. You, the bidder, must REPLY TO THE INVOICE EMAIL to confirm shipping address before items will be shipped. Buyer will not be invoiced for the items until the entire online auction is over. Failure to pay will result in a permanent ban from all future auctions. The buyer agrees that any item successfully bid upon will be paid for by the buyer, following the conclusion of the auction, if bidder is an individual acting on behalf of a corporation registered as the bidder, the individual bidder shall be jointly and severally liable with the corporation for payment of the purchase price plus applicable fees and taxes. REMOVAL / SHIPPING OF ITEMS FOR PICKUP: We ask you to use your best judgement in compliance with social distancing. If you pull up to the warehouse and see people waiting to pick up, please wait until they have gathered their won lots before getting out of your vehicle. Pickup is wednesday - Friday 11 AM to 7 PM and SATURDAY 9 AM - 2 PM by appointment only. When you receive the email with your paid invoice, just click on the link to go to the appointment calendar. Please use the name you have on your invoice so we can gather your items for you. Merchandise not paid for or removed within 1 week of the auction, may be resold without notice. Removals are at the expense, liability, and risk of the buyer. We can provide limited assistance for loading heavy items only. Auction Company shall not be responsible for items or lots not removed within the specified time period. Any lots not picked up by the removal deadline will be charged $5 per lot, per day. NO EXCEPTIONS. If you are requesting freight, there will be a minimum $50 handling charge and will increase based on the size of the order. Buyer is responsible for arranging their own freight. For freight, make sure to pay for items, packaging, and pallets and provide us with your Bill of Lading and proper paperwork. We cannot send out your items without the Bill of Lading and payment. There will be absolutely no returns on shipped or freighted items. You are agreeing to bid on the items without inspection and no exceptions will be made. There will be no charge backs, stop payments or refunds. Anything over 75 lbs need Freight. We do not handle freight. It is the buyers responsibility to contact the carrier and supply Texas Auction Company with the Bill of Lading. PLACING A BID This auction DOES NOT use the "Times the Money" system for lots with a quantity greater than one. Meaning that the bid you are bidding on the entire lot. For example: If you are bidding on a lot of 2 Tape Measures, and are winning at $20, your bid is $20, not $40. The buyer agrees that the act of submitting a bid shall constitute acceptance of each and every term and condition contained herein and the buyer further agrees to indemnify Texas Auction Company LLC for all liabilities, damages, costs, and expenses including attorney's fees incurred in connection with any such dispute or in connection with any claim, litigation, controversy, dispute or proceeding arising from any purchase of an article by the buyer or from any subsequent sale of such article to any third party. Texas Auction Company LLC reserves the right to bid on behalf of the seller as the seller's agent and or any reserved minimums. Placing a bid constitutes a binding offer between the Bidder and Owner/Seller that cannot be rescinded or retracted. If the bid is accepted, Bidder is contractually obligated to buy the merchandise at the price in the bid. Placing a bid on the Site that is accepted and then not paying for the merchandise is illegal in most states and prosecution can result. Failure to honor the auction bid by the stated due date shall result in the permanent removal of Bidder from the Site and from future auctions, and the reporting of Bidder to law enforcement authorities, at Auction Company's sole and absolute discretion. UNLESS OTHERWISE STATED FOR A PARTICULAR AUCTION, SELLER/OWNER RESERVES THE RIGHT TO ACCEPT OR REJECT ANY AND ALL BIDS, IN ITS SOLE AND ABSOLUTE DISCRETION. Each Bidder is responsible for any bids placed under that Bidder's bidding number and password. The security of Bidder's information is the sole responsibility of each Bidder. If at any time there is reason to believe that the Bidder number and password have been compromised, Bidder shall notify Auction Company immediately. Bidder accepts responsibility for and agrees to indemnify, defend and hold harmless each Owner/Seller and Texas Auction Company LLC, their employees, governing body, officers, owners, affiliates, subsidiaries, directors, agents and representatives, from and against any and all claims, losses, damages, liabilities, judgments, fees, costs and expenses (including reasonable attorneys' fees and expenses) related to, arising from or associated with the use of the Site by Bidder, his agents or representatives, personal injuries or property damage incurred on the sale premises or during removal and transport of any auction item/lots, any breach or violation by Bidder of this Site User Agreement or any use by Bidder of the Site or as a result of a dispute with another Bidder. This Site User Agreement constitutes a binding agreement between Bidder and Texas Auction Company LLC until terminated by Texas Auction Company LLC, which Texas Auction Company LLC may do at any time, without notice, in Texas Auction Company LLC's sole and absolute discretion. If Bidder's dissatisfaction occurs with the auction sale in any way, Bidder's only recourse is to immediately discontinue use of the auction Site. Texas Auction Company LLC reserves the right to terminate Bidder's registration and use of the auction Site impose limits on certain features of the auction Site or restrict Bidder's access to, or use of, part or the entire Site without notice or penalty. SALES TAX If you are claiming purchases for resale or if you are tax exempt, please attach, fax or email the appropriate tax form with your payment. Sales Tax of 8.25% will be added to the invoice. CLAIMS OR DISPUTES Texas Auction Company LLC shall not be responsible for any interruption in service, errors, and/or omissions caused by any means and does not guarantee continual, uninterrupted or error free service or use of the Site. Bidder acknowledges that this auction is conducted electronically and relies on hardware and software that may malfunction without warning. In the event of any malfunction relating to the Site, Auction Company, in its sole discretion, may void any sale, temporarily suspend bidding and/or re-sell any item/lot affected by any malfunction. The decision of Texas Auction Company LLC shall be final. Any controversy or claim arising out of or relating to this Site User Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Round Rock, Texas, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Texas Auction Company LLC may seek any interim or preliminary relief from a court of competent jurisdiction in Texas necessary to protect the rights or property of Texas Auction Company LLC pending the completion of arbitration. Bidder and Texas Auction Company LLC are independent contractors, and no agency, partnership, joint venture, employee or franchiser-franchisee relationship is intended or created by this Agreement. The Site User Agreement and any disputes arising out of or related to the Site shall be governed by and construed and enforced in accordance with, the laws of the State of Texas applicable to contracts entered into and to be performed entirely within the State of Texas. If any provision of this Site User Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Texas Auction Company LLC's failure to act with respect to a breach by you or others does not waive the right to act with respect to subsequent or similar breaches. This Site User Agreement sets forth the entire understanding and agreement between Bidder and Auction Company with respect to the subject matter hereof. There will be no charge backs, stop payments or refunds. --------------------------------------------- ------------------------------------------ Terms Of Use

Seller User Terms

Bidder User Terms

REMOVAL / SHIPPING OF ITEMS Removals are at the expense, liability and risk of the buyer. We can provide limited assistance for loading heavy items only. Auction Company shall not be responsible for items or lots not removed within the specified time period. Any lots not picked up by the removal deadline will be considered abandoned and revert back to seller, unless arrangements with seller have been made. NO EXCEPTIONS. We can hold items after the pick up deadline for $5 per lot, per day, but only if the buyer calls to make arrangements for pick up. If you are requesting freight ,there will be a minimum $30 handling charge and will increase based on the size of the order. For Anything smaller than a pallet, there will be a minimum $10 Handling Fee. Shipping will not be handled automatically. You, the bidder, must call in to confirm shipping address before items will be shipped. Merchandise not paid for or removed within 4 Business Days of the auction, will be considered abandoned, will revert back to the seller, and may be resold without notice. We do not guarantee shipping on any invoices. It is the buyers responsibility to pick up items before the pick up deadline, if shipping cannot be provided. PLEASE CALL AHEAD TO SET UP SHIPPING PRIOR TO THE AUCTION ENDING. If you set up your own freight, make sure to pay for items, packaging, and pallets and provide us with your Bill Of Lading and proper paperwork. We cannot send out your items without the bill of lading and payment. There will be absolutely no returns on shipped items. You are agreeing to bid on the items without inspection and no exceptions will be made. There will be no charge backs, stop payments or refunds.