GEHLING AUCTION CO. LLC

TERMS and CONDITIONS

GOVERNING THE USE OF INTERNET BIDDING ACCOUNT SERVICES

Registering to Create a Bidding Account

The buyer agrees to make payment for all purchases in U.S. funds.

As you register, you will be prompted to select a username and password for your new bidding account. You warrant that all information provided to GEHLING AUCTION CO. LLC to establish a bidding account is accurate, and does not violate the identity or other rights of any other person. You will be solely responsible for maintaining the confidentiality of your username and password, and any other information contained in your bidding account. You will be solely responsible for notifying GEHLING AUCTION CO. LLC of any unauthorized use of your bidding account.

There are no fees or costs involved in registering to establish a bidding account.

Terms & Conditions for Using Your Bidding Account

The following terms and conditions govern your use of GEHLING AUCTION CO. LLC internet bidding website.

By pressing the “accept” button and accessing the account registration portion of this website, you agree to be bound by and comply with all of the terms and conditions governing your use of the website and your participation in online bidding. GEHLING AUCTION CO. LLC reserves the right, at any time, to change, add or delete any terms and conditions for participating in internet bidding. GEHLING AUCTION CO. LLC reserves the right, at any time, to deny any participant access to this internet bidding website, including the right to participate in internet bidding.

Auction Environment. Photographs, videos and video streaming of auction items may not be an accurate representation of the condition of the item being auctioned. You acknowledge that you have the right to inspect any item of equipment personally or to have a third party inspect such equipment for you. By bidding on an item of equipment, you agree to accept that item in its present condition at its present location, whether the description on this website is accurate or not. Printed material describing auction items on or prior to auction day is provided as a guide only and may contain inaccuracies. GEHLING AUCTION CO. LLC disclaims and makes no representations or warranties, express or implied, regarding any equipment being auctioned, including its condition, performance, merchantability or fitness for a particular purpose.

Bidding. When you place a bid with GEHLING AUCTION CO. LLC, you are making a firm commitment and entering into a legal and binding contract. If you place a bid on any item of equipment, your bid is irrevocable until such time as you have been out-bid by another bidder. Any alleged negligent or accidental bidding by you is your responsibility, and will not relieve you from your obligations under this bidding contract. You cannot cancel, retract, alter or change the terms of your placed bid. All forms of collusive or manipulative bidding, whether engaged in by a bidder along or with any other bidders, are strictly forbidden.

GEHLING AUCTION CO. LLC does not warrant to any user of this website that the website will be available to users and bidders at all times or at any particular time. GEHLING AUCTION CO. LLC does not warrant to any user that the website will not operate without errors or interruption. GEHLING AUCTION CO. LLC will occasionally make this website unavailable, from time to time, for maintenance, design and software changes, updating available equipment, or any other reason in GEHLING AUCTION CO. LLC’s discretion. GEHLING AUCTION CO. LLC will not be liable or responsible to any user or bidder due to any unavailability or errors of the website. You waive all potential claims against GEHLING AUCTION CO. LLC for any unavailability or errors of the website.

No bids can be retracted. If successful bidder does not pick up purchases and make full payment, the bidder will be removed from our system.

Sale Terms. All equipment sold on this internet bidding website are final sales. All equipment is sold “as-is”, “where-is”, and with all the faults, imperfections, omissions and errors shown in the written description and photography. GEHLING AUCTION CO. LLC does not make any warranty or guarantee of any item of equipment, express or implied. GEHLING AUCTION CO. LLC is not responsible for any deviations or variations in the written description or photography of any equipment, and the actual condition of such equipment.

You are solely responsible for verifying the condition and description of the equipment before buying it. If any information is provided to you by an employee or agent of GEHLING AUCTION CO. LLC, such information is provided solely as general guidance in the use of your bidding account and not for the purpose of directing or guiding you in the bidding or purchase of any item of equipment being auctioned.

Payment of Purchase Price. If you are a successful bidder of any item of equipment, you are responsible for making full, complete and timely payment of the purchase price. You, as the successful bidder, are solely responsible for making payment of the purchase price within the time stated, and for removal of the purchased equipment after payment has been made. If you require lender financing to pay the purchase price, you must make such financing arrangements with your lender in advance of the auction.

You will not be able to receive title to or delivery of the equipment purchased until you have made full payment of the purchase price. All applicable sales, excise or use taxes must be included with the purchase price at the time of payment. Failure of any successful bidder to pay the full purchase price of any equipment bid will result in the bidder being blocked from all future auctions without notification. GEHLING AUCTION CO. LLC will enforce the collection of the full purchase price from successful bidders, by litigation if necessary.

Title documents to purchased equipment will be filled out in the name of buyer, unless otherwise directed, at the time of completing the purchase.

Loading Out. As the buyer, you will be solely responsible for loading and removing the purchased equipment under the conditions prescribed by GEHLING AUCTION CO. LLC.

Prohibited Activities. In using this GEHLING AUCTION CO. LLC internet bidding website, you warrant that you will not engage in any of the following activities:

Attempt to damage, disable, overburden or impair this website.

Attempt any action that imposes an unreasonable or disproportionately excessive load on this website or the server infrastructure that hosts this website.

Transmit any code, virus, files, or applications that might damage, disable, overburden or impair this website.

Interfere with any other bidder’s or party’s use of this website.

Attempt to gain unauthorized access to this website or the server infrastructure that hosts this website.

Engage in any data-mining or data collection activities to obtain information on any other bidders or users of this website.

Impersonate any other person for the purpose of disguising your real identity as a bidder or user of this website.

Conceal your true and accurate identity while bidding on this website.

Harass, threaten, abuse or engage in any harmful activity toward any other bidders or users of this website.

Access this website by means of any automated process, including bot, spider or other automated applications.

Violate the laws of the United States, any state, or any international convention when using this website.

Limitation of Liability. You understand and agree that GEHLING AUCTION CO. LLC, and its employees, officers and agents will not be liable to you for any direct, indirect, special, consequential or incidental damages arising out of your use of the internet bidding website, including but not limited to any interruption of data transmission, failure of any information to be transmitted timely, or any errors occurring during the bidding or auction process.

Governing Law. The construction and interpretation of these bidding account terms and conditions will be governed by the applicable laws of the State of Minnesota.

Attorneys Fees. If GEHLING AUCTION CO. LLC shall seek to enforce any term or condition of this agreement against you, the prevailing party in such litigation or enforcement action will be entitled to recover from the other party all costs of such litigation or enforcement action, including reasonable attorneys fees.

No Waiver. GEHLING AUCTION CO. LLC failure to enforce any terms or conditions of this agreement due to an incident of breach by you, will not constitute a waiver of GEHLING AUCTION CO. LLC continuing right to subsequently enforce any term or condition of this agreement.

Notices. If GEHLING AUCTION CO. LLC desires to give you notice of any matter related to your bidding account or this agreement, such notice will be effective if given to you at the last known address indicated on your bidding account. If you desire to GEHLING AUCTION CO. LLC notice of any matter related to your bidding account or this agreement, such notice will be effective if given to GEHLING AUCTION CO. LLC attention: Matt Gehling, PO Box 250, Preston, Minnesota 55965.