CUSHMAN TURF TRUCKSTER

TERMS & CONDITIONS The following terms and conditions apply to auctions at TNT Auction: 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 reports, NMVTIS reports, Recall checks, or other checks PRIOR to bidding on a vehicle. 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. 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. If registering as an auto dealer you must provide a current copy of your Dealer License AND Salesman Card. Your Auction Access card is not sufficient; you must show your State issued license. A deposit of $300.00, per unit, is required once you have become the successful bidder on all vehicles, equipment, trailers, etc. For miscellaneous items, please plan to pay for and remove all items on the date of the auction. NOTICE: All live bidders wishing to register to bid with an address outside of the United States will be required to make an up front deposit of $5000 US. If you do not make a purchase, your deposit will be refunded. If you make a purchase, your deposit will automatically be credited to your invoice. If you make the deposit with a credit card, you will be charged a 3% non-cash fee on the amount charged to your card. ONLINE BIDDERS: Online bidders are required to submit a deposit prior to bidding with TNT Auction of Nevada, Inc. The deposit guarantee requirement is $1000. If you do not make a purchase, your deposit guarantee will be reversed on the first business day after the auction. PLEASE DO NOT USE A DEBIT CARD FOR YOUR DEPOSIT GUARANTEE. If you use a debit card your funds will be unavailable to you from the time you register until after the auction is over. Once the deposit guarantee is released, it can take up to 10 days for your funds to become available again. We do not have any control over the time it will take for your funds to become available once the hold has been released. 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 2:00 PM on the first business day following the auction. If you do not make a payment arrangement in the allotted time, the $1000 deposit 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. If you experience technical difficulties while trying to register or bid, please contact Proxibid directly at (877) 505-7770. ALL BIDDERS: 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, but 2:00 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 yard without making a payment or a deposit. $25 PER LOT LATE FEES MAY BE CHARGED ON UNPAID ITEMS FOLLOWING THE PAYMENT DEADLINE. Deposits will be forfeited and buyer banned from future auctions after 48 hours of missed payment. Merchandise becomes the full responsibility of the buyer at time 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 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. Non-cash payment fees apply for credit (3%) and debit (1%) payments. ONLINE BIDDERS: 13% ONSITE BIDDERS: 10% SALES TAX: Items belonging to the state of Nevada, its political subdivisions, or the Federal Government are exempt from sales and use tax. 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 A $29.25 Nevada Title Fee may apply to some or all vehicles in the auction (Applies to Nevada residents only). Other fees may apply based on changes to DMV and other governing laws. Any changes or updates to fees will be announced at the time of the auction and/or printed in the terms here or onsite at the auction. 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 CAN TAKE MANY MONTHS AND HUNDREDS OF DOLLARS TO REPLACE. Some titles may be irreplaceable. 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 of replacing a 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 TNT Auction 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 TNT Auction will NOT be refunded. Titles are processed in accordance with the NEVADA DMV. DMV laws in others states may vary and may require further processing by the BUYER. Units that do not require titles in Nevada may have such requirements in other states. Some states may have different requirements for branding and salvaging titles. The Auctioneer/Owner is NOT responsible, and in some cases, may not be able to provide documentation required by other states. BUYER BEWARE. Please run Carfax reports, NMVTIS reports, Recall checks, or other checks PRIOR to bidding on a vehicle. EMISSION TESTING NOTICE: TNT Auction is exempt from providing emissions testing or inspections for motor vehicles pursuant to regulations adopted under NRS 445B.770 for motor vehicles sold at a consignment auction. Therefore, buyers who reside in an area where emissions testing or inspections are required will be responsible for obtaining their own emissions certificates prior to registering the vehicle. Any repairs necessary to bring the vehicle purchased into compliance is also the responsibility of the buyer. TEMPORARY DRIVE PERMITS: Temporary drive permits are available, for a fee, for non-Nevada residents only. Nevada residents must take their paperwork to DMV to obtain either a 30 day placard or your license plates and registration. 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 Tuesday following the auction at 4:00 PM. Units remaining in auction facility past this time frame will be subject to impound. 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. TNT Auction 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 Nevada Law. Any laws that apply, both Federal and State will be subject to Nevada 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. TNT Auction shall endeavor to describe in detail each item and any pertinent information about it. TNT Auction 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. TNT Auction 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 TNT Auction or anyone else if the Internet service fails to work correctly before or during the live auction. TNT Auction 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. TNT Auction reserves the right to withdraw or re-catalog items in this auction. ANNOUNCEMENTS MADE SALE DAY TAKE PRECEDENCE OVER ALL OTHER ADVERTISING MATERIAL. PLEASE CHECK OUR WEBSITE FOR A CALENDAR OF OUR UPCOMING AUCTIONS! www.tntauction.com