Buyers' Terms and Conditions

BUYERS' TERMS AND CONDITIONS 1. BIDDERS/BUYERS MUST BE AT LEAST 18 YEARS OLD TO REGISTER TO BID AND TO BID. POTENTIAL BIDDERS THAT HAVE HAD BIDDING PRIVILAGES REVOKED BY OTHER AUCTIONS OR WITH A NEGATIVE BIDDING SCORE, WILL NOT BE GRANTED BIDDING PRIVILAGES. 2. ALL SALES ARE FINAL. BUYERS ARE RESPONSIBLE AND ENCOURAGED TO INSPECT ITEMS BEFORE BIDDING. 3. DEFAULT: LIQUIDATED DAMAGES AND AUTHORIZATION - Full payment of all invoices is due within seventy-two (72) hours of the auction closing unless otherwise stated in writing by Magic Valley Auction LLC. If Buyer fails to remit full payment within this time, Buyer will be in default. Buyer therefore agrees to pay liquidated damages in an amount equal to fifteen percent (15%) of the total invoice, with a minimum LIQUIDATED DAMAGES fee of Five Hundred Dollars ($500.00). This amount represents a reasonable estimate of damages and is not a penalty. The minimum liquidated damages fee applies regardless of invoice amount. If the default is not cured within ten (10) days following auction close, Buyer expressly authorizes Magic Valley Auction LLC to charge the credit or debit card on file for the full invoice balance together with the liquidated damages fee described above. Financing arrangements, inspections, and due diligence must be completed prior to bidding. By placing a bid, Buyer enters into a binding contract and acknowledges that bids are irrevocable, payment is mandatory, and this default provision is agreed to as part of the purchase contract. Magic valley Auction LLC and/or the seller reserves all rights to pursue additional legal or contractual remedies as allowed by law. BY PLACING A BID, THE BUYER UNDERSTANDS IT CANNOT BE RETRACTED AND AGREES TO THIS LEGAL NOTICE. 4. ALL ITEMS ARE SUBJECT TO A 10% BUYERS PREMIUM PER ITEM UP TO $1000.00. 5. NO WARRANTY: ALL ITEMS ARE SOLD AS IS, WHERE IS, WITH ALL FAULTS, AND WITHOUT GUARANTEE OR WARRANTY OF ANY KIND. While descriptions are believed to be accurate, neither Magic Valley Auction, LLC nor the seller make any warranty or guarantee, expressed or implied. Magic Valley Auction shall not be held responsible for advertising discrepancies or inaccuracies. All sales are final. No warranties are made as to the merchantability of any items or their fitness for any purpose. Magic Valley Auction LLC reserves the right, in its sole discretion, to make changes to the auction site at any time without notice. MVA agents, employees, or representatives are not authorized to express or imply equipment/item(s) condition or fitness. 6. Bidders/Buyers are required to bid responsibly. Bidders/Buyers acknowledge that Consignors/Sellers protect their consigned items by bidding to protect. 7. FULL PAYMENT IS DUE WITHIN 72 HOURS OF THE AUCTION CLOSING AND PRIOR TO ITEM REMOVAL. U.S. Funds Only: Cash, (No Cash Payment over $10,000.00), Cashier's Check, Credit Card, or Wire Transfer payable to Magic Valley Auction, LLC will be accepted. Credit and Debit Cards will be charged a 4% processing fee. A charge of $25.00 will be added to any Wire Transfer to cover bank fees. Personal or company checks must be accompanied by a bank letter of credit guaranteeing payment. Bank drafts will not be accepted. Any invoice not paid within 3 days from the sale day will be charged a 10% late fee unless prior arrangements are made with Magic Valley Auction. NO PERSONAL, BUSINESS CHECKS OR CREDIT CARDS WILL BE ACCEPTED FOR: (A) ANY TITLED ITEMS; OR (B) ANY INVOICES OVER $5000.00. **ALL INVOICES FOR: OUT OF STATE BUYERS; TITLED LOTS; AND/OR INVOICES FOR $5000 OR MORE REQUIRE CERTIFIED FUNDS- CASHIER CHECK, BANK LETTER OF GUARANTEE OR BANK WIRE** 8. At the time the buyer has won the bid, the buyer is deemed the owner, and has full and sole responsibility of the item(s) at this point. Removal and shipping of the equipment and inventory is the buyer's sole responsibility. Buyer must supply their own handling equipment and personnel. The buyer is responsible for any damage that occurs during removal. It is the buyer's responsibility to secure all equipment to meet all applicable government safety standards in using or removing items purchased. 9. LOAD OUT: Load out is Thursday, Friday, and Saturday following the auction from 9 am to 5 pm. No item on any account shall be removed or shipped prior to full payment. Removal shall be at the expense, risk, and liability of the buyer. Magic Valley Auction shall not be responsible for items not removed within the time allowed when applicable. If items are not removed within the specified removal time, buyer shall be liable for moving and storage costs incurred, or the item(s) may be deemed abandoned and sold. 10. The buyer shall not be entitled to possession of any of his purchases until total purchase price for all his purchases have been fully paid, and in the event the purchaser fails to pay the full purchase price for any lot within the prescribed time or fails to comply with other sale terms, Magic