Auction Terms & Conditions Town of Poland Surplus TERMS OF AUCTION / SALE NOTICE: All Bidders and other persons participating in this auction agree that they have read and have full knowledge of these terms and agree to be bound thereby. Sale subject to the approval of the seller within 48 hours of auction close. All sales are final. No refunds will be issued. 10% Buyers Premium will apply on all purchases. All Items are sold "AS IS WHERE IS" with no warrantee on condition or authenticity. It is the responsibility of the bidder / buyer to have thoroughly inspected any and all items prior to bidding and to have satisfied themselves as to the condition and value and to bid based upon that judgment solely. Seller and or auctioneer assumes no responsibility for any repairs regardless of any oral statements about the item from any agents or employees of either entity. 1. IDENTIFICATION: All participants and purchasers are required to give full name and address. 2. PAYMENT: All payments are to be made to Peterson Auction & Realty Service, 164 Ivory St., Frewsburg NY 14738. Payment types accepted: Cash, Certified Funds (no additional fees) Master Card, Visa, Discover, American Express, (3.5 % additional service fee applies) Wire Transfer ($25 per transfer) 3. TIME OF PAYMENT: Each purchaser will be required to make full payment in USD on each lot purchased within 48 hours of the acceptance of the bid . In default of such payment, the buyer will be charged $500.00 or 10% of the bid, whichever is greater, and the lot immediately can be relisted and/or resold and prior high bidder is excluded from bidding on such lots again. 4. REMOVAL: All items must be removed no later than Wednesday, April 1st at 5PM EST. Removal shall be by scheduled by purchaser by contacting Larry Mee or Duane Sadowski / Town of Poland Highway Dept (716) 267-2313. Removal is at the expense, risk and liability of the purchaser. Purchases will be delivered only on presentation of paid in full receipt issued by auctioneer. Seller or the auctioneer shall not be responsible for goods not removed within the time allowed but shall have the option to remove and dispose of any article purchased and not removed within allotted time period. 5. CONDITIONS OF ARTICLES SOLD: The Auctioneer and or seller shall not be responsible for the correct description, genuineness, authenticity of, or defect in any lot, and makes no warranty in connection therewith. No sale shall be set aside, nor allowance made on account of any incorrectness, error in cataloging, or any imperfection not noted. No deduction allowed on damaged articles, all articles being exposed for public exhibition, and sold "as is" and without recourse. Articles are not warranted as merchantable or fit for any particular purpose, and no claim may be made by purchaser relating to the condition or use of articles purchased, or for proximate or consequential damages arising therefrom. 6. SAFETY DEVICES: Articles purchased may not incorporate approved activating mechanisms, operating safety devices or safety guards, as required by OSHA or otherwise. It is purchaser's responsibility that articles purchased be so equipped and safeguarded to meet OSHA and any other requirements before placing such articles into operation. 7. INDEMNIFICATION: Purchaser agrees to indemnify and hold the Auctioneer and seller harmless from and against all claims and liabilities relating to the condition or use of the articles purchased or failure of user to follow instructions, warnings or recommendations of the manufacturer, or to comply with federal, state and local laws applicable to such articles, including OSHA requirements, or for proximate or consequential damages, costs or legal expenses arising therefrom. 8. CLAIMS: No claims will be allowed after removal of goods from premises. 9. RESPONSIBILITY FOR NON-DELIVERY: The Auctioneer or Seller shall not, in any event, be liable for non-delivery of for any other matter or thing, to any purchaser of any lot, other than for the return to the purchaser of the sum of amount paid on said lot, should the purchaser be entitled thereto. 10. COMPLIANCE WITH TERMS OF SALE: In default of payment of bills in full within the time therein specified, the auctioneer in addition to all other remedies allowed by law, may retain all monies received as deposit or otherwise, as liquidated damages. Lots not paid for and removed within the time allowed herein may be resold at public or private sale without further notice. 11. RISK TO PERSON AND PROPERTY: Persons attending during exhibition, sale or removal of goods assume all risks of damage of or loss to person and property and specifically release the auctioneer and seller from liability here for. Neither the Auctioneer nor his principal shall be liable by reason of any defect in or condition of the premises on which the auction / sale is held. 12. ADDITION TO OR WITHDRAWAL FROM SALE: The Auctioneer and seller reserve the right to withdraw from the auction any of the property and or lots listed in auction listing for any reason whatsoever. 13. SALE BY ESTIMATED WEIGHT, COUNT OR MEASURE: Where items are sold by estimated weight, count or measure, Auction Company or Seller are not responsible for any shortage or overage. 14. OPENING BIDS: The auctioneer reserves the right to reject all bids on lots upon which there is an opening bid, that do not meet or exceed the opening bid amount. 15. RECORDS: The record of sale kept by the auctioneer and bookkeeper will be taken as final in the event of any dispute. 16. AGENCY: The auctioneer is acting as agent only and is not responsible for the acts of its principals. 17. SALES TAX: Purchaser shall pay all applicable sales or use taxes imposed by all taxing authorities on such transactions. Sales Taxes will be due at time of registration and title in jurisdiction of purchaser and it is sole responsibility of purchaser to comply. 18. BANKRUPTCY: If at any time prior to payment in full, purchaser files a petition in bankruptcy or for other similar protection from creditors, or an involuntary petition in bankruptcy or other similar proceeding is filed against purchaser, then, at the option of the auctioneer, the sale may be voided. 19. ADDITIONAL TERMS AND CONDITIONS: The auctioneer may add other terms and conditions of sale, such additional terms and conditions to be announced prior to the auction. 20. SHIPMENT: All lots are sold FOB item location at time of auction / sale.

Selling at Public Online Auction: 2012 Ford F150 XLT Pickup and Galion T500M Grader