TERMS AND CONDITIONS OF THE AUCTION By registering to bid or placing a bid, you agree to be bound by all of these terms & conditions and any other announced terms and conditions of sale or rules of the site. All internet bidders agree that bids placed on the internet shall have the same legal effect as if they were in attendance at the auction in person. ASK QUESTIONS BEFORE YOU BID. THERE ARE NO REFUNDS AND NO RETURNS!!! 1. All persons attending the exhibition, sale or removal of merchandise assume all risks of damage to person or property and specifically release and indemnify High as the Sky Auction Co. and Scott Williams (along with all who herein with HATS auction) associates of company or clients from any liability. 2. Bidder agrees that all property is sold "AS-IS WHERE-IS" with no warranties express or implied and ALL SALES ARE FINAL. Property is open to thorough public inspection. Bidders who bid from off site and are not present at the 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. High as the Sky Auction Co. may attempt to describe the merchandise in advertising, on the internet and at the auction but makes no representations. In no event shall HATS be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. HATS does not guarantee any appraisals, gradings or certifications. If you have any questions about the merchandise, ASK THEM BEFORE BIDDING. Bidder shall be the sole judge of value. It is Bidder's responsibility to determine if any item is legal where they live. There are no refunds for any reason. By placing a bid, Bidder acknowledges that he or she has inspected the items to his or her satisfaction or chooses to not examine them at his or her sole risk. HATS will not be responsible for any errors or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the item itself. Bidder agrees that he or she may not return any item they purchase for any reason accept an intentional and material misrepresentation of the item itself made by HATS. Bidder's sole remedy in the event of an intentional and material misrepresentation of an item shall be to return the item, at their expense and in the same condition it was shipped to them. If HATS agrees that the item was materially and intentionally misrepresented HATS will refund the Bidder's purchase price to him/her. Bidder agrees that under no circumstances whatsoever will HATS ever be liable to any bidder for an amount greater than the purchase price of the item they purchased. BIDS CANNOT BE REMOVED UNLESS IT IS AN OBVIOUS TYPOGRAPHICAL ERROR. MAKE CERTAIN WHAT YOU ARE BIDDING ON BEFORE YOU BID. 3. HATS reserves the right to charge the Bidder's credit card the full amount of any or all of Bidder's pre or live bids at any time. When the auctioneer says, "sold" Bidder assumes full responsibility for the merchandise. Everything MUST be paid for in full by 5:00 PM the day after the auction. Bidders agree to pay a buyer's premium equal to Twenty five Percent (25%) of the hammer price of each item they purchase. Under state law, sales tax will be collected on the entire amount. There is a 5% discount for cash payments THE DAY FOLLOWING THE AUCTION ONLY. Any purchase not paid for by 5:00 PM the day following the auction, will be billed to the credit card you registered with. SPECIAL NOTE FOR THIS PARTICULAR SALE: ALL PAYMENTS OF 500.00 OR MORE WILL BE MADE BY CASH, CASHIERS CHECK, CERTIFIED CHECK or WIRE TRANSFER. COMPANY OR PERSONAL CHECKS MUST BE PRESENTED WITH A BANK LETTER OF CREDIT (BANK LETTER MUST BE CURRENT) GUARANTEEING PAYMENT TO High As The Sky Auction Company LLC and be able to be verified the day of payment. 4. If you plan to register a titled vehicle in an area that requires an emission or other test, emissions or other tests are not guaranteed and it is sold AS-IS unless stated otherwise in the item description. All titled vehicles are sold AS-IS TOW AWAY in regards to emissions tests. Emission tests are not provided unless it is stated in the item description. If an emission test is provided, it is only valid in the area for which it was issued. It is the buyer's sole responsibility to determine if a titled vehicle is legal and able to be registered where buyer lives. All Motorized vehichles are sold as-is, where-is. No guarantess are expressed or implied by auction company or client. 5. If firearms are sold, all Federal and Alabama laws and regulations will be followed. Some firearms may not be legal in Bidder's jurisdiction. It is the bidder's sole obligation to determine if a firearm they purchase is legal where they live. There is a commission charge of 25% charged to resell any firearm(s) that has to be returned due to a buyer's local law. In the event that a buyer is unable to take legal delivery of any firearm(s) he or she will have the firearm(s) returned to HATS and hereby engages HATS to resell the firearm(s) at absolute auction with a commission charge of 25%. Magazines that are not legal where a buyer lives are not included in the sale. No credit will be given for the magazine. Firearms for this sale are subjject to the following rules: 1. Background checks will be called in and proper ID must be presented with a form 4473 being filled out and approved. 2. Posesion of firarms will only take place at 3031 Wetumpka Highway, Montgomery, Al which is our companies licensed FFL location. You may fill out the paperwork and pickup your firearm on the Monday following the sale from 12-5 at our office. We are FFL dealers and all local, state and federal laws conserning afirearm sale will be adhered to with no exceptions. Further stated, Our company also has company policies involving the sale of firearms that must be followed. By bidding in this auction on firarms you agree to these terms and conditions. 6. HATS is providing internet only bidding for this auction. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall Bidder have any kind of claim against HATS or anyone else if the internet service fails to work correctly before or during the auction. HATS will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged place their maximum bids at least two hours prior to the auction closing time. HATS reserves the right to withdraw or re-catalog items in this auction. In the event of any software problem, mistake or other issue, HATS reserves the right to extend the closing times, stop, restart or cancel this auction at its sole discretion. Even though an item may display as "sold" on the internet, no sales are final until they are certified by HATS and Bidder receives an invoice. HATS reserves the right to cancel any or all sales and resell the items in whatever manner it chooses. 7. The bids are advanced at pre-set increments available on the bidding web page. From time to time HATS may accept items with secret reserves prices. The seller and HATS reserve the right to bid on behalf of the seller on items on which there may be a reserve. HATS may reject or cancel any bid for any reason. The record of the auction made by HATS shall be conclusive. This is a Public Auction and as such, all qualified bidders may bid including HATS owners, family members and employees. 8. If a check accepted by HATS is returned for any reason, Bidder agrees that HATS may re-present it in person or electronically and collect the amount of the check as well as the highest service charges and fees allowed under Alabama law. Any amount left unpaid shall accrue interest at the highest rate allowed under Alabama state law. Unless exempted by law, the purchaser shall pay all applicable taxes. Bidder agrees to indemnify HATS against any claim if sales tax is not collected on Bidder's purchases. Bidder agrees to not stop payment on any check paid to HATS. Bidder further agrees that under no circumstances will he/she initiate a chargeback on his/her credit card. Title to the merchandise transfers to Bidder only when Bidder's payment is honored. 9. All property shall be removed from the premises by the Bidder at her/his own risk and expense within the time period announced. ALL MERCHANDISE PURCHASED AT THIS AUCTION MUST BE REMOVED DURING TIMES POSTED FOR THIS AUCTION UNLESS SPECIAL ARRANGEMENTS HAVE BEEN MADE WITH HATS OR IT IS BEING SHIPPED. Internet bidders should arrange to pick up their purchases within this time. Either HATS or a professional shipping company will ship all merchandise not picked up. Bidder hereby grants the shipper or HATS the right to charge their credit card the entire amount of packing, shipping and handling costs. In the event that Bidder does not pay for shipping, Bidder shall have no claim against HATS and will forfeit the merchandise with no refunds. All items will be insured for the purchase price. Our first priority is to deliver your new purchase in excellent condition. Bidder agrees that any merchandise not removed by bidder within seven days of the auction will be forfeited with no refunds. Bidder shall have no claim to merchandise not removed by the above date. 10. Bidder agrees that this agreement shall be governed by the laws of the state of Alabama and hereby grants sole jurisdiction and agrees to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Montgomery County, Alabama. Bidder agrees and grants that service of process on them may be obtained by mailing a certified letter, containing a summons, postage prepaid, to them at the address they provided to register. Should a dispute arise between HATS and Bidder, Bidder waives any right to a trial or hearing in a court of law and agrees to settle the dispute through binding arbitration in Montgomery County, AL with an arbitrator appointed by the President of the Alabama Auctioneers Association. 11. HATS may refuse a buyer's number and bidding privileges to anyone for any reason. Bidder agrees to provide any identification HATS may request including but not limited to: drivers license, photocopies of credit cards, Social Security card or US Passport. Bidder agrees to comply with any stated additional terms or conditions associated with particular items. 12. RISK OF LOSS: THE BUYER ASSUMES FULL RESPONSIBILITY AND ASSUMES RISK OF LOSS FOR ALL ITEMS PURCHASED FROM THE TIME THE AUCTIONEER SAYS SOLD TO THE BUYER. THE BUYER WILL OBTAIN FULL LIABILITY INSURANCE ON ALL ITEMS AS REQUIRED BY LAW. 13. AUCTION SITE: BUYER ACKNOWLEDGES THAT THE AUCTION SITE AND ANYWHERE THE PROPERTY TO BE SOLD IS LOCATED OR DISPLAYED IS A POTENTIALLY DANGEROUS PLACE. HEAVY EQUIPMENT IS BEING OPERATED, POTENTIALLY DANGEROUS MATERIALS MAY BE PRESENT, ELECTRIC CIRCUITS MAY BE LIVE, AND OTHER POTENTIAL DANGERS MAY EXIST. EVERY PERSON AT THE SALE SITE (AND OTHER AREAS WHERE THE PROPERTY IS LOCATED OR DISPLAYED) AT ALL TIMES SHALL BE THERE AT THEIR OWN RISK WITH NOTICE OF THE CONDITIONS OF THE PREMISES, THE ACTIVITIES OF THE PREMISES, POTENTIAL CONDITIONS OF THE PREMISES AND THE CONDUCT OF THIRD PARTIES AND BUYER SHALL SO ADVISE HIS AGENTS AND EMPLOYEES. NO PERSON SHALL HAVE ANY CLAIM AGAINST THE AUCTIONEER, THEIR AGENTS, EMPLOYEES OR PRINCIPALS FOR ANY INJURIES SUSTAINED OR DEATH TO ANY PERSON OR PERSONS WHOMSOEVER NOR FOR DAMAGES TO OR LOSS OF PROPERTY WHICH MAY OCCUR FROM ANY CAUSE WHATSOEVER. BUYER ACKNOWLEDGES RESPONSIBILITY FOR ANY INJURY OR DEATH TO ANY PERSON OR PERSONS WHOMSOEVER OR PROPERTY DAMAGE CAUSED BY BUYER, HIS AGENTS OR HIS EMPLOYEES. 13. TAXES & TITLES: ALL ITEMS ARE SUBJECT TO STATE AND LOCAL TAX LAW. YOU MAY ONLY USE YOUR SALES TAX # TO COVER PURCHASES THAT APPLY UNDER THAT NUMBER. ALL OTHER PURCHASES ARE SUBJECT TO TAX. WE MUST HAVE A COPY OF YOUR SALES TAX CERTIFICATE. FAILURE TO FURNISH THIS NUMBER WILL REQUIRE PAYMENT OF SALES TAX. 14. JUDGEMENT OF AN ITEM: ALL PROPERTY SELLS AS IS, WHERE IS WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. THERE ARE NO WARRANTIES AS TO THE QUALITY, CHARACTER OR CONDITION OF ANY OF THE ITEMS. PLEASE INSPECT EQUIPMENT BEFORE BIDDING. THE IMPLIED MERCHANTABILITY IS EXPRESSLY DISCLAIMED. THERE IS NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THE BUYER SHALL NOT BE ENTITLED TO ANY ADJUSTMENT OR ALLOWANCE, DAMAGES OR ANY OTHER REMEDY OR CLAIM ON THE QUALITY, CHARACTER OR CONDITION OF ANY ITEM PURCHASED. DO NOT BID UNLESS YOU HAVE INSPECTED THE ITEMS AND DETERMINED THE CONDITION FOR YOURSELF. HIGH AS THE SKY AUCTION COMPANY., LLC. IS ACTING TODAY SOLELY AS AN AUCTIONEER. HIGH AS THE SKY AUCTION COMPANY., LLC. IS NOT THE SELLER, AND THEREFORE MAKES NO WARRANTY AS TO QUALITY OR CONDITION OF THE EQUIPMENT OR ITEMS. 15. ALL DESCRIPTIONS AND CONDITIONS OF EQUIPMENT IN THIS CATALOG ARE BELIEVED TO BE CORRECT AND HAVE BEEN CONSCIENTIOUSLY SET FORTH BY THE OWNER. HOWEVER, NEITHER THE OWNER NOR THE AUCTIONEERS ARE RESPONSIBLE FOR ANY ERRORS IN DESCRIPTION OR CONDITION. THE BUYERS CATALOG ACTS AS A GUIDE ONLY. THE AUCTIONEER DOES NOT GUARANTEE YEAR MODELS, MILEAGE OR CONDITION OF AN ITEM. METER READINGS OR MILEAGES IN THIS CATALOG ARE NOT GUARANTEED AND ARE MERELY A READING AT TIME OF CHECK IN. BUYER ACCEPTS RESPONSIBILITY TO INSPECT AND VERIFY HOUR OR METER READINGS BY ANY MEANS NECESSARY PRIOR TO BIDDING. AUCTION COMPANY IS IN NO WAY RESPONSIBLE FOR ANY DISCREPANCIES OF HOUR OR METER READINGS. ANY MANUFACTURES WARRANTIES STATED IN CATALOG ARE PROVIDED BY SELLER TO THE AUCTION COMPANY AND HAS NOT BEEN VERIFIED. BUYER ACCEPTS RESPONSIBILITY TO VERIFY ANY STATED WARRANTIES WITH THEIR LOCAL EQUIPMENT OR TRUCK DEALERSHIPS.
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