TERMS AND CONDITIONS For The Environmental Conservancy Online auction December 4th – 11th, 2021 Auctioneer: Daniel Platt, Florida License # AU5120 All Payments Are Made Directly to the seller: The Environmental Conservancy of North Port, Inc. Shipping Cost: Buyers Pay Shipping. Local Pickup Available By Appointment. All items are offered AS-IS WHERE-IS. No Warranty. Eligibility: An individual or entity (Corporation, LLC, Trust, Partnership, Non-Profit, etc.) must register prior to bidding. Individuals must be at least 18 years of age. Entities must have an individual named as the authorized person to act on behalf of the entity. The auction company does not approve or disapprove of an entity or its legal status to conduct business. The authorized individual is personally accepting the Terms & Conditions on behalf of the named entity. Credit Card Required to Register: A valid credit card in the bidder's name is required to register. Credit card information is for identity verification only, it will NOT be used to pay for invoices, unless the bidder provides up-dated card details to process the invoice payment. Card data will be processed thru our credit card processor and credit card information will be stored by the processor. The processor maintains full Payment Card Industry compliance. Dealers: Licensed Dealers must provide additional documentation, including but not limited to, their dealer license and sales tax exemption numbers, prior to being approved. Title: The name entered when you register, will be the name that appears on all invoices, bill of sale, title and/or original documents. The Bidder's email address, mailing address and phone number(s) are used for correspondence between the auction company and/or the seller and the registered bidder. It is the bidder's responsibility to ensure their information is accurate and updated at all times. Bidding: Your bid is an offer that has been determined independently by you, without restricting competition or consultation with any other bidder(s) on the same item(s) or competitor relating to the price. As a bidder, you are obligated to complete any purchase for which your bid is accepted in accordance with the terms of the item(s) you are bidding on. You may not retract your bid. You may not influence or manipulate the bidding process to compel other bidders to accelerate their bids. Fees: In addition to the bid, the seller may charge fees, such as sales tax or a surcharge up to 4% for credit card payments processed by the seller will be added at the time of payment of the invoice. The seller has the right to charge storage fees for each item that is not recovered by the winning bidder in a timely manner. Winning bidders must pay for their items within 3 business days and shall have 10 business days from the "auction end date" to pick up or arrange shipping of the item(s) purchased. Each day past the 10th business day is subject to a $15 per day storage fee per item(s). The seller will provide additional notice via email of any pending storage fees and their need to recover item(s). All items paid for and not claimed or have not paid storage, shall be considered "abandoned". The seller may assign the matter to a local attorney to provide notice and liquidate the items, to recover cost, including storage fees. Terms of Sale: If you place the winning bid in an auction, you must tender payment within three (3) business days following the end of the auction item(s). Payment is required to be made in US Dollar currency via cash, check,or credit card, Payment: All payments are payable to “The Environmental Conservancy of North Port, Inc.” for an amount equal to the full amount the auction item(s) Invoice. Cash payments in excess of $9,000.00 will require the Bidder to provide additional documents relating to the transaction, including signing a US Treasury form, as it relates to the auction item(s). Winning bidders of items that required to have the title transferred, shall provide a Limited Power of Attorney, appointing Southeast Re-Marketing Service, LLC as their agent, specifically for title transfer. Partial payments are not accepted. Reserve Price: If an item has a "Reserve" price that has not been met, the item will not sell upon the end of the timed auction. The high bidder may have an exclusive opportunity to purchase that unit for the reserve price. If the high bidder does not choose to purchase the item for the reserve price, the item will be closed and marked "No Sale". The Seller retains the right to lower the reserve price at their discretion. Default: If an item has met the reserve and the winning bidder fails to tender payment on the third business day following the close of the auction, the accepted winning bid shall be deemed null and void effective at 12:01 am Eastern Standard Time on the following day (4th day). If the bidder defaults in making timely payment or is in violation of any other Terms, the auction company and/or seller shall be held harmless from future liabilities as it may relate to the specific item. The bidder's account will be flagged and may be prevented from future bidding on the auction site. Southeast Re-Marketing Service, LLC reserves the right to charge a default fee of 10% of the bid, not to exceed $2,500.00, to cover cost. Errors: If the auction company or seller determines there is an error in the auction item invoice total, including but not limited to miscalculated fees, taxes, sale price, etc., the high bidder (buyer) has 3 business days from the time they are notified of the error to pay the difference. The Environmental Conservancy of North Port, Inc. reserves the right to collect this amount through the credit card, hold item(s) or any other means necessary. False or missing information and/or documentation, such as claiming tax exempt status and not providing a current permit, will result in an adjustment to the invoice. Changes: The auction company reserves the right to amend these Terms & Condition at any time. All modifications and amendments will be posted on the next auction date. Each Bidder is responsible for reviewing and understanding these modified or amended terms and conditions prior to placing a bid. Changes are effective immediately once posted to the auction site, unless prohibited by law. Holds or Cancellations: In the event an item is put on hold or cancelled due to legal issues (ie; Bankruptcy) as instructed by the Consignor (Seller), or any other unforeseen legal issue occurs during an active auction, the item will be put-on hold by the auction company. All bids will be cancelled or put on hold. When the item has been cleared for sale again, the current auction may be extended or re-run the item at a later date. The auction company or seller reserves the right to put on hold or cancel any auction at any time up to the closing time of the auction. Complying with Applicable Laws & Regulations: Bidder's shall bear the responsibility of researching and complying with all applicable Federal, State, local and multijurisdictional laws, ordinances, and regulations pertaining to the auction registration, licensing, handling, possession, transportation, transfer, export, processing, manufacture, sale, use or disposal of the item(s) offered, prior to bidding. Privacy & Use of Information: When you register as a bidder of Southeast Re-Marketing Service, LLC, you provide us with information about you and your business. Our primary goal in collecting information is to "know our customer" and facilitate the sale of an item listed on the auction website. You are sharing the information that you provide with the auction company only unless it is specifically stated otherwise. We may utilize aggregated bidder statistics that do not identify individual bidders, in order to market our services to prospective partners, advertisers, and other third parties, and for other lawful purposes. The auction company may disclose account information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating auction Terms and Conditions, use of our auction site to interfere with (either intentionally or unintentionally) the auction company's rights or property, other bidders, or anyone else that could be harmed by their activities. The auction company may disclose account information when we believe in good faith that the law requires it and for administrative and other purposes that we deem necessary to maintain service and improve our products and services. AT NO TIME WILL Southeast Re-Marketing Service, LLC SELL OR SHARE A BIDDERS PERSONAL DATA FOR COMMERCIAL PURPOSES. Governing Law: These Terms & Conditions are governed by the laws of the State of Florida, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Florida, U.S.A., in all disputes arising out of or relating to the bidding on items offered by Southeast Re-Marketing Service, LLC. No Warranty or Guarantee: The Environmental Conservancy of North Port, Inc. provides its products and services "AS-IS" and without any warranty or representation as to condition, express or implied. Indemnification: Southeast Re-Marketing Service, LLC is not responsible for any communication or transaction among bidders. As a bidder, you agree to release, indemnify and hold harmless Southeast Re-Marketing Service, LLC and its officers and employees from all claims, demands and damages (whether actual and/or consequential), including reasonable attorney's fees, resulting from or associated in any way with your use of the auction site or your violation of these Terms & Conditions. Right to Independent Action: Southeast Re-Marketing Service, LLC reserves the right, in its sole discretion, to take any independent action it deems is necessary or desirable to protect the interests of our company and prevent or mitigate any potential liability or injury to any party which may arise. No Waiver: In the event the auction company fails to enforce any of the Terms here within or respond to a breach by a bidder or other parties, shall not in any way waive its right to enforce subsequently any terms or conditions here within or to act with respect to similar breaches. Website Non-Responsive: In the event of a website/internet outage during an item closing time, the items that were not able to take new bids because of the outage, may be extended, once the auction site is back on-line. Mandatory Shut Down of Non-Essential Businesses: In the event the Governor of the State or any other authority institutes a mandatory shut down of non-essential businesses, affected auction items will be cancelled, until businesses are allowed to reopen, and new auction time can be established. Fraudulent Activity: Any activity suspected by our management to be fraudulent, will be reported to the appropriate law enforcement authorities. Registering or attempting to register with any name other than your legal name, may be fraud and will be reported. If a bidder attempts to manipulate bids in any manner or collude with others to reduce or enhance bids, they shall be reported to law enforcement for prosecution.