TERMS & CONDITIONS The following terms and conditions apply to auctions at The Gallery Auctions: All items are sold AS-IS, WHERE-IS, WITH NO WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESSED OR IMPLIED. Catalog is for informational purposes only. It is up to the bidder to inspect the merchandise thoroughly. ONLINE BIDDERS: BUYER BEWARE! Please run Carfax or other checks prior to bidding. BIDDER REGISTRATION: The process for registering to bid, as well as the fees associated with bidding, vary whether you are bidding online or in person. Information for both methods are listed below. If you are planning to bid in person you DO NOT need to sign up for an online account. If possible, it is preferable that you pick one bidding method or the other, rather than signing up twice. ONLINE BIDDERS: If you are on our auto-accept bidder list, you will be automatically approved for the auction you are registering to bid for. If you are a ProxiBid auto-accept customer you will also be automatically approved for the auction you are registering to bid for. Otherwise, you will need to make a deposit guarantee with a valid CREDIT CARD. Auctioneer reserves the right to require additional deposit funds at the auctioneer's discretion. If you make a purchase, you will receive an invoice in your email once the auction has concluded. You must contact us to make a payment arrangement by 5:00 PM on the first business day following the auction. If you do not make a payment arrangement in the allotted time, your credit card will automatically be charged and credited to your invoice. All credit card payments are subject to a 3% non-cash fee on the amount charged to your card. All deposits credited to your balance due invoice are non-refundable. If you do not pay your invoice in full, your deposit will be forfeited. Do not wait until auction day to register or submit your deposit. You may not be approved at the last minute or during the auction. Contact Proxibid for details or questions. ONSITE BIDDERS: If registering onsite, you will be required to show a current photo ID. If you would like to register as a business, please be prepared with a business card and/or a copy of your business license. Please plan to pay for and remove all items on the date of the auction. Bidder acknowledges that all information given by him/her in the Bidder registration process is of a true and accurate nature. Falsifying information at any time is grounds for termination from current and future auctions, without prior notice to the bidder, and may result in legal action by the Seller and/or Auctioneer. The balance for all invoices is due, in full, by 5:00 PM on the first business day following the auction. If you fail to make a deposit or a payment, you will be in default. Invoices not paid in the allotted time will be subject to legal action against the registered bidder. Please DO NOT leave the auction house without making payment. Merchandise becomes the full responsibility of the buyer at time of his/her successful bid is accepted by the auctioneer. Buyer assumes all risk of loss and damage to property until it is removed from sale premises. HOW YOU REGISTER, WHETHER IN PERSON OR ONLINE, IS HOW ALL INVOICES, TITLES, AND RELATED PAPERWORK WILL READ. WE DO NOT CHANGE NAMES, ADDRESSES, OR TAX STATUS ONCE YOU HAVE REGISTERED. NO EXCEPTIONS!! Please review information thoroughly before submitting it online or signing for your bid card in person. BUYER’S FEE SCHEDULE: Below is a list of fees charged to the buyer. Fees vary based on whether you are bidding and/or paying online or in person. A buyer's fee is charged on all items in the auction. Invoices will initially reflect the cash amount. Additional fees apply for credit and debit payments. PROXIBID BIDDERS 13% (payment by cash) 16% (payment by credit either in person or over the phone) ONSITE BIDDERS: 10% (payment by cash) 13% (payment by credit) SALES TAX: Sales tax is charged on all items in the auction. Taxable items will be charged at the current local tax rate at the point of sale. If you have a resale or dealer's license and are exempt from sales tax, you must provide a current copy of your resale certificate at the time of bidder registration. If you are registering as an online bidder, please be prepared to provide your resale certificate at the time you receive your invoice. Non-Residents are NOT exempt on non-titled equipment and miscellaneous items. Taxable items are marked accordingly on the units and in the catalog. TITLES: Once you have received your title from a member of our staff, either in person or by mail, please take that title and turn it in to your local DMV for a title in your name. Even if you do not intend to register the vehicle, please get a title in your name. We ask that you take this step to protect yourself against a lost title. LOST TITLES ARE NOT EASILY REPLACED, AND IN SOME CASES MAY BE IRREPLACEABLE. Replacing a lost title can take many months and cost hundreds or dollars. A minimum charge of $250.00 will be charged to replace a lost title. Further charges may be assessed based on the time and costs associated with replacing a lost title. Additionally, many states will NOT allow you to resell a vehicle unless the current title is in your name. A TITLE IS AN IMPORTANT DOCUMENT, JUST LIKE YOUR BIRTH CERTIFICATE; DO NOT LOSE YOUR TITLE. Delayed titles (marked D/T on the windshield of the unit) will be available by the Friday following the auction. However, in some cases, it may take up to 30 days. If there is a problem with the title or it cannot be produced in the aforementioned time frame, you will be allowed to return the vehicle. The auction sale price plus the fees and taxes paid at The Gallery Auctions will be refunded. DO NOT spend any money on or re-sell the vehicle until you have a title in hand. Any money spent on the vehicle outside of The Gallery Auctions will NOT be refunded. Titles are processed in accordance with the COLORADO DMV. DMV laws in others states may vary and may require further processing by the BUYER. Units that do not require titles in Colorado may have such requirements in other states. The Auctioneer/Owner is NOT responsible, and in some cases, may not be able to provide documentation required by other states. BUYER BEWARE. ODOMETER: Odometer readings are marked on the windshield or tag of each vehicle. The letter following the odometer reading represents whether the miles are actual, unknown, or exempt (A=Actual, UNK=Unknown or Discrepancy, EX=Exempt). Vehicles marked exempt are 10 years old or older and are exempt from federal odometer disclosure rules; we may have listed the mileage as a courtesy to you, but it is up to you to inspect the vehicle and determine accuracy based on the age of the vehicle. HOUR METERS: Hours listed are showing on the hour meter at the time the unit was entered into Auctioneer's system. The accuracy of the hours listed is not guaranteed and are listed for informational purposes only. REMOVAL: Unless otherwise indicated, all units must be removed by the Friday following the auction at 4:00 PM. Units remaining in auction facility past this time frame will be subject to transportation and storage fees. Additional fees will apply to have the auction facility opened for removal past the removal date. Units may be disposed of and/or resold at the discretion of the Auctioneer to recoup fees. Despite our efforts to avoid withdrawal of items from the auction after they have been advertised, it may become necessary to do so; therefore, the owner and/or auctioneer reserves the right to withdraw units at any time. Seller and/or Auctioneer reserve the right to reject a Bidder’s registration application and/or bids for any reason in their sole discretion without prior contact to the Bidder. The Gallery Auctions reserves the right to refuse service to any person or entity. DISPUTES BETWEEN BIDDERS: The Auctioneer shall designate the Purchaser after each item of merchandise is auctioned. If a dispute arises between two or more bidders, the Auctioneer reserves the right to reopen bidding. His designation of the Buyer shall be final. DEFAULT / RESALE: a. In the event the Buyer shall default in the performance of the conditions accepted by him under this agreement, then and in the event, said Buyer shall make payment of all costs and expenses, including reasonable attorney fees incurred by the Auctioneer in enforcing the terms of this agreement or pursuing any other remedy available under the laws of the state in which the Auction is conducted. b. Auctioneer reserves the right to resell any property not paid for in full on sale day. The Buyer shall be responsible to Auctioneer for any expenses for resale and collection costs and any damages or shortages resulting from the resale. INJURY AND DAMAGE: Bidder acknowledges responsibility for any personal injury or property damage caused by Bidder or his agent, and further agrees to hold Auctioneer harmless for any personal injury to himself or his agents and any property damage incurred on sale premises. GOVERNING LAW: This Auction shall be conducted subject to COLORADO Law. Any laws that apply, both Federal and State will be subject to COLORADO Jurisdiction. Auctioneer is providing services as an independent contractor for the Seller/Owner only and is not responsible or statements made by other parties. As a Bidder you are responsible for any bids placed under your bidding number and password. The security of your Bidder information is your sole responsibility. If at any time you feel that your bidder number and password have been compromised due to lack of security on your part, you must notify the Auctioneer immediately. 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. The Gallery Auctions shall endeavor to describe in detail each item and any pertinent information about it. The Gallery Auctions 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. The Gallery Auctions is providing Internet proxy and live online bidding as a convenience 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 The Gallery Auctions or anyone else if the Internet service fails to work correctly before or during the live auction. The Gallery Auctions will not be responsible for any missed bids from any source. Auctioneer cannot, and will not, be held 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, if they are taking part in the auction electronically, the nature of the auction relies on hardware and software that may malfunction without warning. The Auctioneer, in its sole discretion, may void any sale, temporarily suspend bidding and re-sell any unit(s) that may have been affected by any malfunction. This decision of the Auctioneer is final. The Gallery Auctions reserves the right to withdraw or re-catalog items in this auction.