Brodie Corporation TERMS AND CONDITIONS OF SALE NOTICE: ALL BIDDERS AND OTHER PERSONS ATTENDING THIS SALE AGREE THAT THEY HAVE READ AND HAVE FULL KNOWLEDGE OF THESE TERMS OF SALE AND AGREE TO BE BOUND THEREBY. ALL BIDS ARE MADE AND RECEIVED UNDER THE TERMS SET FORTH BELOW. THESE TERMS CAN NOT BE ALTERED EXCEPT BY THE AUCTIONEER. NO OTHER EMPLOYEE OF THE AUCTIONEER OR SELLER HAS AUTHORITY TO MODIFY THESE TERMS. 1. IDENTIFICATION: All Bidder’s are required to give full company name, address, telephone number and signature. 2. DEPOSIT: Each Buyer is required to make a deposit in cash, cashiers check, wire transfer, certified funds or company check with your banks letter of guarantee to Brodie Corporation, for 25% of the bid price for each lot purchased. In default of such deposit, the lot may be resold at this sale, or resold at private sale without further notice. Here is an example of what your bank’s letter should be: (Mr. “Customer Name” is a customer of this bank. This bank will guarantee unqualified payment to Brodie Corporation on the account listed herein up to the amount of $_______. This letter is good until (insert expiration date 30 days from sale date). 3. MANNER OF PAYMENT: All checks for deposits and balances due are to made payable to BRODIE CORPORATION. ALL CHECKS ARE TO BE CASHIER’S CHECK, CERTIFIED FUNDS OR COMPANY CHECK’S WITH A BANK LETTER GUARANTEEING PAYMENT (SEE ABOVE). NO PERSONAL CHECKS WILL BE ACCEPTED!!! All bills must be paid to the authorized representatives of the auctioneer on the premises. The full purchase price, for all lots purchased must be paid prior to the removal of any lots. 4. COMPLIANCE WITH TERMS OF SALE: In default of payment of bill in full within the time limit stated, the auctioneer may retain all monies received as deposit or otherwise as liquidated damages. Any lot not fully paid for within the time stated will be resold at public or private sale without further notice. Any deficiency, together with all expenses and charges of resale, will be charged to the defaulting buyer. 5. A BUYER’S PREMIUM WILL BE CHARGE AT THIS SALE: Auctioneer will announce rate at the beginning of the sale. 6. SALES TAX WILL BE CHARGED WHEN APPLICABLE. IF BUYER CLAIMS EXEMPTION, AN OFFICIAL COPY OF THE BUYER’S SALES TAX LICENSE IS REQUIRED. 7. CONDITION OF ARTICLES SOLD: The auctioneer shall not be held responsible for the correct description, authenticity of or defect in any lot, and makes no warranty in connection therewith. No sale will be set aside or allowance made for any incorrectness, error in cataloging or any imperfections not noted. No allowances or deduction will be made on damaged articles. All goods are exposed for public exhibition and sold “AS-IS, WHERE-IS”, with all faults and without recourse. 8. BUYER’S RESPONSIBILITY FOR COMPLIANCE: Articles purchased may not incorporate approved activating mechanism, operating safety devices or safety guards, as required by OSHA or otherwise. It is exclusively the buyer’s responsibility that articles purchased be so equipped and safeguarded to meet all Federal, State and Local requirements before placing such articles into operation. Buyer agrees to indemnify and hold the auctioneer harmless from and against all claims and liabilities for the buyer’s failure to follow instructions, warnings or recommendations of the manufacturer, or to fully comply with all Federal, State and Local laws applicable to such articles, including OSHA requirements, or for proximate or consequential damages, costs or legal expenses arising therefrom. (Continued) 9. ADDITION TO OR WITHDRAWAL FROM SALE: The auctioneer reserves the right to withdraw from the sale any property listed and also add property not listed to this sale. The auctioneer may group lots or subdivide lots in order to benefit the seller. The auctioneer reserves the right to sell the property listed in bulk, or to alter the order of sale. 10. SALE BY ESTIMATED WEIGHT, COUNT OR MEASURE: When items are sold in this manner, the buyer will be billed accordingly. If upon delivery a shortage exists, the buyer will receive a refund at the rate of purchase. However, if, upon delivery, there is excess, the buyer will be billed in the same manner and will be required to take the excess. 11. RESERVE: The auctioneer reserves the right to accept or reject any and all bids. If there is a reserve on a lot, the auctioneer has the right to bid on behalf of the seller. Further, the auctioneer reserves the right to determine the bidding increment. 12. DISPUTE BETWEEN BIDDERS: If any dispute arises between bidders, the auctioneer may decide the same or resell the lot at this sale. The auctioneer’s decision is final and absolute. 13. REMOVAL: No lot can be removed, on any account, during the auction sale. Removal is at the expense, risk, and liability of the buyer. Purchases will be released only on the presentation of a paid bill. The auctioneer will not be responsible for items not removed within the time allowed, as announced. The auctioneer does have the option to remove and store, at the risk and expense of the buyer, any article purchased but not paid for and removed within the time limit mentioned earlier. It is the responsibility of the buyer to completely remove any article purchased, and should any part of an article be abandoned, the buyer will be liable for all expenses involved in its removal. 14. THIRD PARTY REMOVAL: Any buyer having someone, other than the buyer, remove the buyer’s purchases must notify the auctioneer in writing prior to such removal. 15. CONTRACTORS: Riggers, movers, electricians or buyers performing work at the auction site must provide auctioneer with valid evidence of insurance. The insurance coverage must be at a level acceptable to the auctioneer and to the seller with the auctioneer and seller named as additional insured. 16. CLAIMS: No claim of any nature against auctioneer or seller will be allowed after removal of the assets from the premises, including but not limited to any claims for personal injury, property damage, or for incidental or consequential damages. 17. RESPONSIBILITY FOR NON-DELIVERY: The auctioneer and the seller are not liable, in any event, for the non-delivery to a buyer of any lot purchased. The buyer’s sole remedy in the event of non-delivery shall be a return of the buyer’s deposit or other sums collected. Brodie and Seller shall not be responsible for any other damages of any kind. 18. RECORDS: The record of the sale that is kept by the auctioneer and its bookkeeper will be taken as final word in the event of a dispute. 19. AGENCY: The auctioneer is only an agent and is not responsible for the acts of its principal. 20. RISK TO PERSON AND PROPERTY: Any person attending the inspection day, auction sale day(s) or during the removal period assumes all risks of damage or loss to person or property, and specifically releases the auctioneer and its principal from all liabilities. Neither the auctioneer nor its principal is responsible for any defect or for the condition of the premises on which sale is held. ANY ADDITIONAL PROVISIONS OR AMENDMENTS TO THE ABOVE LISTED TERMS WILL BE ANNOUNCED BY THE AUCTIONEER PRIOR TO SALE. Thank You For Attending Our Auction Brodie Corporation Equipment Removal Procedures for Buyers and/or Riggers All buyers and/or their removal contractors are required to abide by the following removal procedures 1. Brodie Corporation personnel are not allowed to assist person(s) removing item(s). 2. Person(s) removing items for someone other than themselves must have written authorization. 3. All persons removing items requiring power operated equipment (i.e. forklift truck) must provide Brodie Corporation with valid insurance certificate covering workers compensation, and liability coverage of not less than One Million Dollars ($1,000,000.00) (Unless Otherwise Announced) before being allowed to operate on the premises. Brodie Corporation and the seller shall be named as additional insured. 4. Where there are pits or other hazardous areas it shall be at the cost of and responsibility of the party performing the removal work to properly guard those areas using generally accepted safety practices, such as caution tapes, pipes or bars welded or bolted in place, or safety barriers or other approved means of isolating those areas. All bolts, brackets, fasteners, anchors or other above floor obstructions shall be cut off or otherwise removed to floor level. All utility services shall be disconnected at the first joint, connection or junction box nearest the sold item at the cost of and by the buyer and/or removal contractor(s) unless otherwise instructed. 5. All areas where equipment has been removed must be left in a broom swept condition and all work shall be done in a workman like manner. 6. Items may not be partially removed unless otherwise approved. 7. Engine of trucks, forklift trucks or other equipment shall be shut off when not in operation inside buildings. 8. All fluids, hydraulic oils and other liquids shall be handled and/or disposed of in an environmentally safe manner in accordance with all applicable federal, state and local statutes, regulations, rules or ordinances. Any resulting spills shall be properly cleaned up by and at the cost of the person(s) doing the removal work. 9. Any and all damage to any personal or real property resulting from the activities of the party doing the removing shall be totally the responsibility of that party and repairs shall be made before that party shall be allowed to remove its equipment from the premises. 10. Brodie Corporation and the sellers shall have no responsibility or liability for any third party equipment which shall be brought onto the premises and further may suspend the operation of anyone it deems to be operating in an unsafe manner and/or operating faulty equipment. 11. Any person(s) caught stealing or otherwise tampering with the property of another shall immediately be asked to leave the premises and may forfeit monies paid and/or prosecuted to the fullest extent of the law.