Nikolaisen Auctions TIMED ONLINE ONLY - Consignment Equipment Auction Sale Terms & Conditions PLEASE READ - AUCTION TERMS AND CONDITIONS All items are sold “as is”. Buyer(s) are encouraged to inspect all equipment before purchasing. All buyers must register prior to bidding. Buyers are responsible for removing purchased items from the property within one week unless special arrangements have been made. Neither Nikolaisen Auctions nor the sellers are responsible for the purchased items once they are sold. Buyer (s) agree to hold Nikolaisen Auctions and sellers harmless and are not responsible for accidents. All items must be paid for in full prior to removal from property and must show proof of purchase with a PAID INVOICE. All purchases are made in US dollars. All non U.S. citizens must use a U.S. based bank to clear all funds for full payment. All statements made at the auction take precedence over all printed materials. Contact Nikolaisen Auctions at 844-872-4289 to register prior to auction if you aren’t able to do so online. ALL BIDDERS: All items offered at a Nikolaisen Auction are represented as these items are presented to Nikolaisen Auctions and/or associate agents by the seller. Nikolaisen Auctions has provided general, equipment information to the buyers based upon a limited inspection completed by a Nikolaisen Auctions agent. Nikolaisen Auctions has not inspected any aspects or components of the equipment other than those general details provided in the specific item description. Unless expressly stated, Nikolaisen Auctions makes no representations or warranties, express or implied, concerning the functionality; overall general condition of body, engine, or transmission; year, make, and/or model; overall dimensions; or any defects found within any item offered at a Pifer’s Auction. Buyers are strongly advised to perform a detailed inspection and further due diligence of general information of the equipment prior to bidding. Nikolaisen Auctions and/or associate agents have not tested any particular item or piece of equipment under load nor has Nikolaisen Auctions operated any equipment in all available gears. Nikolaisen Auctions makes no representations or warranties that equipment is fully functional under manufacturers’ specifications. Dimensions of equipment or other items sold at a Nikolaisen Auction are provided as a general guide to buyers and should be considered estimated dimensions only. All measurements should be verified by the buyer and shall not be relied upon for transportation purposes. It is the buyer’s responsibility to measure all loads prior to leaving the auction site to ensure safe transport of the equipment to its destination. All photos used to present each item are at the sole discretion of Nikolaisen Auctions and may not be indicative of the item’s quality and condition, or reveal all components, variable angles, defects, and areas of limited visibility. Buyers are strongly advised to complete a full inspection of the equipment prior to bidding. ABANDONED PROPERTY: All items must be removed within 10 business days of the final close of that auction. Unless mutually agreed upon with Nikolaisen Auctions and/or the seller, a $25/day storage fee (not to exceed $1000) will be charged to each item and must be paid in full to Nikolaisen Auctions (which will be remitted to the owner of the land where the items were stored) prior to buyer taking possession. If items are abandoned after 60 days, Nikolaisen Auctions reserves the right to re-sell the items or dispose of the items at their sole discretion. DEFAULT OF BUYER: Successful bidder not paying for items within 3 days of the date of the auction will be considered in default. Such default by the Successful Bidder will result in that Bidders liability to both the Seller and/or Nikolaisen Auctions. Seller shall have the right to (a) declare this contractual agreement cancelled and recover full damage for its breach, (b) to elect to affirm this contractual agreement and enforce its specific performance or (c) Seller can resell the items either publicly or privately with Nikolaisen Auctions. In such an event, the Buyer shall be liable for payment of any deficiency realized from the second sale plus all costs, including, but not limited to the holding/transporting/storage costs of the items, the expenses of both sales, legal and incidental damages of both the Seller and/or Nikolaisen Auctions. In addition, Nikolaisen Auctions also reserves the right to recover any damages separately from the breach of the Buyer. The purchaser agrees to pay all reasonable attorney fees and costs incurred by Nikolaisen Auctions in the collection of funds. The purchaser also agrees to be responsible for any other costs or losses incurred by the Buyer’s failure to adhere to these terms. Both the Successful Bidder and Seller shall indemnify and hold harmless Nikolaisen Auctions from any costs, losses, liabilities, or expenses, including attorney fees resulting from Nikolaisen Auctions being named as a party to any legal action resulting from either Bidders or Sellers failure to fulfill any obligations and undertakings as set forth in this contractual agreement. ONLINE BIDDERS: A 5% buyer’s premium will apply to all online and purchases, not to exceed $1000 per successful lot. Nikolaisen Auctions is NOT responsible for connection or computer issues during the live bidding process. ONLINE & ABSENTEE BIDDERS: All absentee bids on file with Nikolaisen Auctions must comply with the following terms and conditions: All absentee bids must be submitted by a registered bidder. All bids are executed in competition with the bidders in attendance on an alternate basis as if the bidder were present at the auction and the purchase will be obtained at the lowest bid possible. All bidders agree to be bound by Nikolaisen Auctions bidder registration agreement. All statements made the day of the auction take precedence over all printed materials. All items are sold “As-IS, Where-IS”. Nikolaisen Auctions does not guarantee the year, condition, description, or suitability of any item. All bidders acknowledge that the absentee bid is accepted on the expressed condition that the bidder will not have any claim against the auctioneer or its employees if the auctioneer fails, for any reason, to bid on behalf of the bidder. Nikolaisen Auctions does not guarantee that the bid will be made however will do everything possible on the date of the auction to represent the absentee bidder. Absentee bid(s) must be received 24 hours in advance of auction. All absentee bids will have a buyer’s premium of 5% of purchase price, with a maximum of $1000.00 per successful lot. Minimum acceptable bid on any one item or lot is $500. Online Bidders, Phone Bidders, and Absentee Bidders agree to hold Nikolaisen Auctions harmless in the event that a bid is not placed to secure a winning bid, or if the bidder has technical issues with any portion of the bidding process, the online bidding website, or personal computer issues. SALES TAX: All appropriate state sales tax laws will apply to purchases, these laws may vary depending upon the type of item purchased or the specific tax category that the buyer is in. PAYMENTS: All payments must be made within 24 hours of receiving invoice. Payments can be made with cash, check, ACH Check, Wire or Credit Card. ALL CREDIT CARD PAYMENTS WILL INCUR A 4% FEE. To make a payment contact Nikolaise Auctions at 844-872-4289. Items cannot be picked up without a PAID INVOICE. ONLINE AUCTIONS: Timed Online Only Auctions will begin to close at the time specified for each individual auction. These are considered “Soft Staggered Closings” and the auction will close at a rate of 2 items every 2 minutes (unless stated otherwise). Each lot may remain open until no bids are placed within the last 5 minutes. Each bid placed within the last 5 minutes will extend the bidding to 5 minutes. A bid must survive the final 5 minute timer to be declared successful. Nikolaisen Auctions reserves the right to alter or change the closing process at its discretion. Once the auction is over and a winning bidder is declared, the buyer assumes all responsibility for that item. Buyer further agrees to hold Nikolaisen Auctions, and its client, harmless for all items that are lost, stolen, or damaged. Neither Nikolaisen Auctions, nor the owner, will agree to any discount or refund for items once the auction is complete. Buyer also assumes all responsibility for transportation, transportation preparation, or any expenses required to prepare items for shipping. Special load-out requirements, dis-assembly, packaging and insurance is the responsibility of the buyer, unless otherwise expressly stated and represented by Nikolaisen Auctions. Buyer acknowledges that online bidding and the technology used to accommodate the bidding process may be unreliable. Online Bidders, Phone Bidders, and Absentee Bidders agree to hold Nikolaisen Auctions harmless in the event that a bid is not placed to secure a winning bid, or if the bidder has technical issues with any portion of the bidding process, the online bidding website, or personal computer issues. Auctioneer and owner(s) reserve the right to accept or reject any bid(s). ACCEPTANCE OF TERMS: Once bidder accepts the terms and conditions of this auction, said bidder has entered a legal and binding contract. Bidder agrees to abide by the rules of this auction and will properly make payment and take possession of the items that were successfully purchased. All items are sold “AS-IS, WHERE-IS” with no exceptions. This sale is managed by Nikolaisen Auctions. Amy Nikolaisen, ND #951, Tom Nikolaisen, ND #2038. Clerking #644. Nikolaisen Auctions 208 Main Street, Cando, ND 58324