TERMS AND CONDITIONS OF THE AUCTION BIDDING VIA INTERNET PROXIBID 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. 1. All property is sold AS IS, and ALL SALES ARE FINAL. Midwest Auctioneers & Realty, Inc. may attempt to describe the merchandise in advertising, on the Internet and at the auction but makes no representations. In no event shall Midwest Auctioneers & Realty, Inc. be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value. ALL ITEMS SELL AS IS. ALL SALES ARE FINAL. 2. All Internet Bidders agree to pay a buyers premium equal to FIVE (5%) of the hammer price of each item they purchase. If the hammer price of an item is $100.00 the buyers premium will be $5.00 for a total purchase price of $105.00. State sales tax law, (Applies Residents in state of Ohio) if applicable, will be applied. 3. Bidders who bid from 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 Bidders responsibility to determine condition, age, genuineness, value or any other determinative factor. Midwest Auctioneers & Realty, Inc. shall endeavor to describe in detail each item and any pertinent information about it. However, all items sell AS IS. Midwest Auctioneers & Realty, Inc. will not be responsible for any errors or omissions in the description of the merchandise. Bidder agrees that everything is sold as is and that they may not return any item they purchase for any reason. 4. Midwest Auctioneers & Realty, Inc. is providing Internet pre-auction and live "timed" bidding as a service to Bidder. 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 Midwest Auctioneers & Realty, Inc. or anyone else if the Internet service fails to work correctly before or during the live auction. Midwest Auctioneers & Realty, Inc. will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should use the proxy-bidding feature and leave their maximum bid 24 hours before the auction begins. Midwest Auctioneers & Realty, Inc. reserves the right to withdraw or re-catalog items in this auction. 5. Midwest Auctioneers & Realty, Inc. may withdraw any item before or during the auction. The record of the auction made by Midwest Auctioneers & Realty, Inc. shall be conclusive. 6. Everything MUST be paid for in full at the conclusion of the auction. Bidder agrees to indemnify Midwest Auctioneers & Realty, Inc. against any claim if sales tax is not collected on Bidders purchases. Bidder agrees that under no circumstances will he/she initiate a charge back on his/her credit card. Title to the merchandise transfers to Bidder only when Bidders payment has been honored. 7. THERE WILL BE NO ITEMS SHIPPED FROM THIS AUCTION. PICK UP WILL NEED TO BE ARRANGED FOR THE DAY OF AUCTION OR BY CONTACTING FLORY LANDSCAPING AT 937-548-2200. 8. Bidder agrees that this agreement shall be governed by the laws of the state of OHIO and hereby grants sole jurisdiction and agrees to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in OHIO. 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 Midwest Auctioneers & Realty, Inc. 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 OHIO. 9. Midwest Auctioneers & Realty, Inc. may refuse a buyers number to anyone for any reason. Bidder agrees to provide any identification Midwest Auctioneers & Realty, Inc. 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. 10. We want you to be happy with your purchases. If you have questions about the merchandise the time to ask questions is well in advance of the live auction. No returns are allowed. Thank you for your patronage.