TERMS AND CONDITIONS

Procedure: We are taking consignments through May 7^th and adding them to the online only sale. The sale will start to close Tues May 14^th at 6 p.m. Some items have reserves and some do not. It is up to the Sellers discretion.

Agency: Bartkus Auctioneers Company and its representatives are exclusive agents of the Sellers.

Acceptance of bid: This will be an online only sale. You can register to bid and view the terms at Bartkusauctioneers.com. The items will be sold to the highest bidder at the end of the sale if the final bid meets any reserves set by the seller. This will be a soft close with a countdown to every item. If anyone bids within the last minute of the countdown, there will be an additional 5-minutes added to that lot.

Buyer's Premium: 5%

Payment Options: Cash, Visa, MasterCard, Discover, Check, Money Order, and Wire Transfer. There will be a 4% processing fee added for credit card or debit card use.

Preview Date & Times: Please contact auction company for inspection times.

Checkout Date & Removal Times: All items must be removed within 1 week (7 calendar days) of the auction, with no exceptions. And “paid in full” receipt must be presented for removal. Any items left on site by the following Wednesday will be subject to a storage fee!

Delivery: Call for quotes on delivery

STORAGE FEE: $25.00 per item / per day. Fees start accruing on 7th day after sale date. All removals are by appointment as each location has different hours of operation. Pickups need to be scheduled a minimum of 24 hrs. prior to arrival. Storage Fees must be paid prior to removal. NO EXCEPTIONS. Location: See lot descriptions for the location of each item.

INSPECTIONS: Neither Auctioneer nor Seller is responsible for any inspections of an Auction Item prior to or after purchase of such Auction Item. Conditions provided by the Auctioneer are solely for the purpose of reporting on the visible condition of the Auction Item? major systems and attachments observed on the day of inspection and do not include road testing or load testing of mechanical condition. The purchaser acknowledges that conditions can change during the time between initial inspections, auction, and time of removal. Purchaser is solely responsible for any inspection required with respect to equipment or vehicle Auction Items that have upper units or chassis (e.g., cranes, man lifts, buckets, diggers, construction equipment, trailers, or vehicles of any type).

TAXES: There will be no sales tax on this sale if you fill out the tax exemption form. 7% Indiana sales tax to be included if the paper work is not filled out. The Buyer will be responsible for paying any tax on titled vehicles when they apply for new title. (SEE DOCUMENTS FOR EXEMPTIONS)

TITLE TO VEHICLES: With respect to each vehicle Auction Item for which Auctioneer has received payment in full, unless otherwise provided in the Auction Item description on the Auctioneers online marketplace for the Auction Item, Auctioneer guarantees free and clear title to the vehicle Auction Item and Auctioneer shall use its best efforts in accordance with applicable law to obtain and convey to Purchaser title to such vehicle Auction Item; provided, however, that should a delay in the obtaining the title occur, Auctioneer shall in no way be responsible for any losses, damages, attorney fees, costs of any kind, interest, punitive damages or any other type of damages resulting from such delay and Auctioneer shall have no liability to Purchaser or any subsequent purchaser for any title delays for any reason whatsoever.

ONLINE BIDDING: Auctions will feature online bidding powered by Bartkus Auctioneers, Inc. All Bidders are required to register online with Bartkus Auctioneers prior to participating in an Auction at the following URL: https://www.bartkusauctioneers.com. Bidders will be required to comply with these Purchaser Terms and all other specific terms and conditions of the Auction detailed on the Auctioneers company site for all specific internet bidding questions, please contact Steve Bartkus at (260) 437-6555.

ADDITIONAL TERMS: Auction Items may be added to any Auction. The information listed online or included in any Auction brochure is only a guideline and the accuracy of such information cannot be guaranteed.

NO WARRANTY, AS-IS/WHERE-IS AUCTION SALES: ALL SUCCESSFULLY BID OR PURCHASED AUCTION ITEMS AT AN AUCTION ARE SOLD ON AN “AS-IS WHERE-IS” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A

PARTICULAR PURPOSE. THE DESCRIPTION OF EACH AUCTION ITEM IS SOLELY FOR THE PURPOSE OF IDENTIFICATION AND DOES NOT CONSTITUTE A REPRESENTATION OR WARRANTY THAT THE AUCTION ITEM WILL CONFORM TO SUCH DESCRIPTION OR TO ANY CONDITION REFERRED TO THEREIN. NEITHER AUCTIONEER NOR THE AUCTION ITEM SELLER (“SELLER”) MAKES ANY WARRANTY THAT THE AUCTION ITEM WILL PROPERLY FUNCTION OR OPERATE WHEN REMOVED FROM THE AUCTION SITE NOR THAT IT WILL CONTINUE TO OPERATE OR FUNCTION FOR ANY PERIOD OF TIME AFTER SUCH REMOVAL.

NOT SUBJECT TO APRAISAL OR FINANCING. ALL SALES ARE FINAL AND SOLD AS IS. ANY ANNOUNCEMENTS MADE OF THE DAY OF THE SALE TAKE PRECEDENCE OVER PRINTED MATERIAL OR ANY OTHER ORAL STATEMENTS MADE.

*There will be a 5% buyer’s premium paid at settlement. *

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