TERMS AND CONDITIONS ONLINE BIDDING TERMS AND CONDITIONS 10% Buyers Premium o If you are the winning bidder for an item that cost $10,000, your total would be $10,000 X 10% = $11,000 IMPORTANT: These terms and conditions apply to all online bidding at auction sales conducted by Essick Auction & Realty, LLC. By registering to participate in a Essick Auction & Realty Auction via online bidding, you expressly agree to these terms and conditions. " All items are sold "AS IS, WHERE IS" with all faults. There are no warranties or representations of merchantability, of fitness, nor of any other kind, express or implied. Prospective bidders are strongly advised to personally examine any lots in which they are interested before the auction takes place. Written and oral descriptions are our opinions and should in no way be construed as a guarantee of any kind as to authenticity, age, condition, materials or any other feature of items being sold " Essick Auction & Realty, LLC attempts to catalog every lot correctly and will attempt to point out any defects but will not be responsible or liable for the correctness of the catalog or other descriptions of the lot. The absence of any reference to the condition of a lot does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections, or the conditions of aging. " By placing a bid, either in person, by phone, absentee or via the Internet, you signify that you have examined the items as fully as you desire to or that you have chosen not to examine them. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you have an expert examine the lot for you or do not bid on the item in question. " If your item(s) are damaged in shipping, you will need to contact the shipper to file a claim " All Sales are final " $25.00 Per Day Storage Fee After 7 Days (unless prior arrangements are approved by seller), Item Is Deemed Abandoned And Resold After 30 Days, Items are not Functionally Tested and no guarantees on condition or operability are made by Essick Auction & Realty, LLC. It is the bidder's responsibility to inspect the item, prior to bidding, and make their own assessment as to the item's condition and suitability for use. Everything is Sold 'As Is, Where Is.' Essick Auction & Realty, LLC is not responsible for any statements about the item made by the Seller. " Essick Auction & Realty, LLC does not offer loading assistance to buyers. However, if the seller assists in loading equipment purchased and picked up at their property seller makes it explicitly clear they are not liable for any damages that may occur during the loading process. Buyers and transportation companies are advised to exercise due diligence in securing and transporting their items, and any damages incurred during loading are the sole responsibility of the respective buyer or transportation company. " By participating in auctions facilitated by Essick Auction & Realty, LLC, buyers and transportation companies acknowledge and agree to these terms, thereby releasing Essick Auction & Realty, LLC from any liability associated with damages occurring during the loading process. This provision is an integral part of the terms and conditions governing all transactions conducted through Essick Auction & Realty, LLC. " Summary of Terms Payment made by CC (3.5% fee), cash, wire, check. Check must clear before items are released by Seller. All Sales Final. All sales are final and there are absolutely no refunds. Items sell in an "as is, where is" condition, with no warranties, either express or implied. All sales are final. Pickup and Shipping. The successful bidder must pick up items following cleared payment and will have 7 days following the cleared payment to pick up. No shipping is available by Essick Auction & Realty, LLC. Soft Closing. Essick Auction & Realty, LLC uses a soft close bidding feature to create a live auction atmosphere. Any bids placed within the last two minutes before closing time of auction will extend closing time for that item two additional minutes. This will continue until bids are static for two minutes following. Nonpaying Bidders. If you don't intend to follow through with your purchase, do not bid. If you fail to pay following purchase at auction, outstanding invoices will be turned over for collection or legal action, and all future bidding privileges will be revoked. 15% default premium will be charged for non-performance of auction agreement If a purchase is defaulted on for any reason, Essick Auction & Realty, LLC will charge the winning bidder a default premium 5 days following the close of the auction. The default premium is 15% of the hammer price (with a minimum of $100.00). Essick Auction & Realty, LLC reserves the right to automatically charge the credit card on file the entire balance of the default premium. Uncollected default premiums will be sent to collections. Essick Auction & Realty, LLC and/or the seller reserve the right to pursue all legal remedies. If unable to satisfy the terms of auction, do not bid. Essick Auction & Realty, LLC reserves the right to charge the credit card on file for the default premium along with other damages associated with non-payment of the item. Damages may include but are not limited to storage, removal or loss (if the item is resold). Description Discrepancies. You are bidding on the described item, not the picture or description. Descriptions are believed to be accurate but not guaranteed. When you are not certain of the condition or use of the item, please bid accordingly. Please let us know if there is an error. All sales are final; no refunds. Titles. Titles will be mailed to buyer by certified mail within fourteen (14) business days of the item being paid for and picked up (unless unit is title-delayed which will take longer). Buyer's Premium. Buyer will pay a premium of 10%, calculated on the selling price. Bidders are responsible for all bidding activity; Safeguard your account information. Bidder understands that he/she is responsible for submitted bids. Bids placed on https://essickauction.hibid.com are binding and will not be removed. When clicking the 'submit bids' or "bid now" button, you are responsible for the amount displayed. Do not share your account information with anyone. Do not bid on behalf of someone else. If you are declared the winning bidder at the end of the auction, you are the owner. All sales are final. Account user is responsible for all bids placed - whether intentional or unintentional, and is responsible for all users on his or her account. After a bid is placed, it is non-refundable. Shill bidding prohibited Essick Auction & Realty, LLC does not allow sellers or others acting on behalf of the seller to bid on the property. Essick Auction & Realty, LLC reserves the right to adjust the purchase price to reflect the last good faith bid. TERMS AND CONDITIONS. 1. PAYMENT AND BUYER PREMIUM. No more than 3 -days following close of auction (Tuesday), if Buyer is the successful high bidder on any item(s), Buyer will pay to Auctioneer, by cc, cash, wire, or check plus a Buyer's premium of 10% of the bid amount(s). Checks must clear before items are released by Seller. o Cashier's Checks in any amount will be accepted. o Cash is accepted if paying at our office o Personal Check (check must clear before you can take your items.) o Wire Transfers (must clear before you can take your items.) o CC on purchases under $3,000 (3.5% cc fee will apply) 1. NO WARRANTY. All machinery, equipment, merchandise, and other items sold by auction are on an "as is/where is" basis without licenses or other rights to software required for equipment to work, without any representations or warranties, either express or implied. Neither Essick Auction & Realty, LLC nor the consignor/seller makes any warranties or representations of any kind or nature with respect to the property or its value, and in no event shall either be responsible for correctness of description, genuineness, attribution, provenance, completeness, condition of the property or estimate of its value. No statement in the online description, or made orally by Essick Auction & Realty, LLC, shall be deemed a warranty or representation nor an assumption of responsibility or liability. Without limiting the generality of the foregoing, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY ARE EXPRESSLY HEREBY DISCLAIMED. Property is open to through public inspection. It is the bidder's responsibility to determine condition, age, genuineness, value, or any other determinative factor. 2. REGISTRATION. Buyers must register prior to bidding at any auction sale and warrant and represent that they are over the age of eighteen years and otherwise have legal capacity to enter into this agreement. Essick Auction & Realty, LLC may refuse registration and bidding privileges to anyone for failure to pay previous auction invoices, failure to provide a valid credit card, or any other reason. Bidder hereby agrees that Essick Auction & Realty, LLC may share information about Bidder's nonpayment of auction invoices or shipping charges with other parties and may pursue collection of balances due by any legal means. 3. NO LIABILITY FOR INTERRUPTION OR FAILURE OF INTERNET SERVICE OR PLATFORM MALFUNCTION. Essick Auction & Realty, LLC/Hibid platform provides internet-only bidding for this auction. Buyer acknowledges and understands that this service may or may not function correctly at any time, including during the auction and at its closing time. It is further understood and agreed that the website and platform service provided can also malfunction at any time. Under no circumstances shall Buyer have a claim of any kind against Essick Auction & Realty, LLC its employees, agents, or those on its behalf liable, due to interruption or failure of the internet service or platform service, or their failure to work correctly before the auction, during the auction, or at its closing time. Essick Auction & Realty, LLC has no liability or responsibility for missed or failed bids due to any reason. Internet bidders who desire to make certain their bids are acknowledged should place their maximum bids at least two hours prior to the auction closing time. Essick Auction & Realty, LLC reserves the right to withdraw or recatalogue items in this auction. In the event of any software problem, interruption, or malfunction, Essick Auction & Realty, LLC reserves the right to extend the closing times, change the extension time, stop, restart, or cancel the auction at its sole discretion. Even though an item may display as "sold" on the internet bidding site, no sales are final until they are certified by Essick Auction & Realty, LLC and the bidder receives an invoice. 4. BUYER TO PICK UP ITEMS OR ARRANGE FOR THEIR SHIPPING AND DELIVERY. It is understood and agreed by Buyer that items consigned to auction are held by the seller until the auction closes and the buyer pays for the items. At that time it is Buyer's responsibility to either pick the items up at the Seller's specified location, or to arrange shipping at Buyer's own expense. In no event will Essick Auction & Realty, LLC be responsible to deliver the purchased items to Buyer. 5. DISPUTE RESOLUTION. The parties agree that this Agreement is entered into in the State of Missouri and shall be governed by the laws of the State of Missouri. The parties further agree that in the event any legal dispute or claim arises between Buyer and Essick Auction & Realty, LLC, it shall be brought in the Circuit Court of Christian County, Missouri. In the event that Essick Auction & Realty, LLC prevails in any such action, it shall recover from Buyer its reasonable attorney fees and costs, in an amount determined by the court.

ONLINE ONLY EQUIPMENT and VEHICLE AUCTION Online bidding ONLY, available until Tuesday, March 26th 2024 begins closing at 10 AM (CST) Still accepting items for this auction! Consign Today by contacting Dusty Essick at 417-860-1127 Auction Information " The first item will end at 10:00 am (CST) and then every 1 minutes after beginning on Tuesday, March 26th. " Auction is under a soft close (extends back to 2 minutes if someone bids with less than 2 minutes remaining). " If you would like to preview an item selling in the auction please contact the contact person listed in each item description to set up preview date & time. If you have any questions on any piece of equipment, call Dusty at 417-860-1127 before bidding. If you require assistance with registering to bid contact Jacque at 417-693-3178. " Accepted Forms of Payment: Visa, MasterCard, Discover, American Express - (CC w/ 3.5% fee), cash, wire transfer, check. Check must clear before items are released by Seller. Invoices are emailed to all winning bidders following the close of the auction. Invoices will automatically be PAID with the credit card on file when you register for the auction: Your credit card will automatically be charged for your purchase. If the purchase is over $3,000 you must pay with wire transfer, cash or check. " If you are the winner of an auction item over $3,000 you can wire the funds to the wiring instructions on your invoice. Once we receive your payment we will email you a paid in full invoice. " 10% Buyers Premium o If you are the winning bidder for an item that cost $10,000, your total would be $10,000 X 10% = $11,000 " Bidding Increments o $0-$99 = $10 o $100-$999= $25 o $1000-$2,499= $50 o $2,500-$4,999 = $100 o $5,000-$9,999 = $250 o $10,000-$19,999 = $500 o $20,000-$49,999= $1,000 o $50,000-$149,999 = $2,500 o $150,000-$499,999= $5,000 o $500,000-$999,999,999 = $10,000 " Shipping is not available ITEM REMOVAL TERMS & CONDITIONS If a 3rd party is contracted to pick-up your items, please email the details to jacque@essickauction.com so your items may be securely released. Scheduled Removal Dates & Times: Before placing any bids, please make sure you can remove your items within the scheduled dates and times as advertised. Please Note: Refunds are not given for items not retrieved within the scheduled time frame. Condition statement: All property is sold AS IS, WHERE IS with all faults. All sales are final. There are no warranties or representations of merchantability, of fitness, nor of any other kind, express or implied. Written and oral descriptions are our opinions and should in no way be construed as a guarantee of any kind as to authenticity, age, condition, materials or any other features of items being sold. Essick Auction & Realty, LLC attempts to catalog lots correctly and will attempt to point out any MAJOR defects but will not be responsible or liable for the correctness of the catalog or other descriptions of the lot. Essick Auction & Realty, LLC shall have no responsibility for any error or omission. The buyer should assume all items are not free from wear and tear, imperfections, or the effects of aging. Please note-normal wear, scratches, dents, dings, holes, odors will not be listed. The mechanical workings of these items have not been tested, unless stated. All measurements and weights are approximate. Property is open to thorough public inspection. It is the bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor. We recommend prospective bidders examine all items in which they have an interest. By placing a bid, either in person, by phone, absentee or via the internet, you signify that you have examined the items as fully as you desire to or that you have chosen not to examine them. If you are unable to personally inspect the property, it is your responsibility as a prospective buyer to inquire as to the condition of a specific lot before bidding. Condition information can normally be made available, upon request, within one business day. Any condition information made available is done so as a courtesy. It is only an opinion and should not be considered to be a statement of fact. Bidders who bid from off site and are not present to preview understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you have an expert examine the lot for you or do not bid on the item in question. All sales are final! Essick Auction & Realty, LLC and the sellers are not liable nor responsible for any bodily injuries, death to any persons or any damages to property when removing or transporting any items. Contract information: By bidding on an item, you are entering into a binding legal contract. When you place a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement. Bidding on any item indicates the bidder's acceptance of Essick Auction & Realty, LLC terms and policies. Bidders are encouraged to read and understand all the terms and conditions associated with an auction before bidding. The highest bidder acknowledged by the auctioneer is the buyer. The auctioneer is the sole determinate as to who is the successful bidder. Once the auctioneer says "SOLD" the successful bidder immediately assumes full risk and responsibility of the purchased lot. Essick Auction & Realty, LLC reserves the right to withdraw any property before the auction and shall have no liability whatsoever for the withdrawal of the property. Bid amounts are incremental. In some cases, a live floor bidder may win an auction with a bid that is equal to the internet or absentee bid. If multiple bids are made online in the same amount, the bid received first will take precedence. Essick Auction & Realty, LLC will not be responsible for computer breakdowns, viruses, interruptions or programming errors. Under no circumstances will Essick Auction & Realty, LLC liability will not exceed the purchase price of an item. Legal matters will be under Missouri jurisdiction in Christian County. LEGAL COMPLIANCE You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items. Abandoned Property: Buyers will be responsible for all expenses incurred for the transportation, storage and legal expense incurred on behalf of delinquent accounts or abandoned items not removed by the stated deadline. Warranty & Condition of Items: All items are sold 'AS IS, and WHERE IS' with NO WARRANTY expressed or implied. Descriptions are believed to be accurate but are not guaranteed. Public inspections are open to all interested parties for a complete examination of the assets. If you are uncertain of the condition or use of an item, please bid accordingly. All Sales are Final: Refunds are not given for any reason, including but not limited to bidding errors, posting errors, or condition of items. Credit card charge backs are not allowed. Buyer's Liability: Individuals are responsible for the expense incurred for any and all damages to the Seller's assets or property during the Public Inspection or Item Removal times. Bidder's credit card on file will be charged for such damages. Seller's Rights: The Seller may withdraw an item from an event prior to the auction closing. Essick Auction & Realty, LLC takes every step necessary to prevent this from happening. We apologize for any inconvenience this may cause. However, Essick Auction & Realty, LLC assumes no liability or responsibility for decisions made by the Seller. Both auctioneer and seller reserve the right to add, remove, split or combine lots presented, add minimum bids, change closing times, inspection times, removal times, cancel, suspend, extend or reschedule any individual item(s) and/or auction event. General Liability: Both Auctioneer and Seller's liability shall be limited to the refund of the item's purchase price.