Auction Terms & Conditions Terms and Conditions of Sale for Martin Auctioneers, Inc. Due to restrictions set by the government for COVID-19, we are moving this auction to a Webcast Online Auction. This auction will be live auctioneer selling but with online bidding only! Please read these online Terms and Conditions carefully! They contain important information about the online auction itself and your rights and responsibilities as a bidder. If you want to bid in this online auction, you will first have to read these Terms and Conditions. And by placing a bid, you agree that you have read the Terms and Conditions and understand the terms are binding on both you and Martin Auctioneers, Inc. They outline the relationship between you ("the Bidder" or "the Purchaser") and Martin Auctioneers, Inc. ("the Auctioneer"). Throughout these Terms and Conditions, the terms "auctioneer," "we," "us," and "our" will refer to Martin Auctioneers, Inc., and the terms "you" and "your" will refer to the Bidder. For any questions regarding an auction, please email us at martinauctioneers@frontiernet.net. 1. Registration: You must be 18 years old or older to register. You agree that all information that you provide during the registration process will be true and accurate. You will be banned from participation in Martin Auctioneers, Inc. indefinitely should you provide any false information during the registration process. a.) To gain access to the online auction platform, you will need to register and create a user name and password. For Martin Auctioneers, Inc. to process your winning bid, we must have a working Visa, MasterCard or Discover associated with your account. 2. Conduct of Sale: All bids, and credits in this sale will be made in United States Dollars. You agree not to use any hardware, software, program, or system that would interfere with the orderly conduct of this sale. You further agree not to copy, reproduce, or publicly display any content from Martin Auctioneers, Inc. website without first obtaining written permission from Martin Auctioneers, Inc. There will be no bidding on-site however, we will accept absentee bids and a limited number of phone call bidders. If you need help with registering, bidding or additional information about any item in this sale, contact our office at 717.354.6671 or via email at: martinauctioneers@frontiernet.net. 3. Bidder's Duty to Investigate: You are bidding based on the description and photos provided. Carefully inspect the description and photos for condition and finish. If you are not certain of the condition, completeness or suitability of a given item, please bid accordingly. a. Photographs and Descriptions: Martin Auctioneers, Inc. posts item descriptions and photographs to aid bidders in the bidding process, and we make every effort to ensure that the descriptions and photographs that we post accurately represent the items being offered for sale. In some photographs, multiple items may appear to be joined as a single unit, however, you should not assume that a lot consists of more than one item simply because various items appear connected or are featured in the same photograph. Also, understand that, on occasion, the wrong photograph may be displayed for a given item. At all times, you are bidding on items as they are described on this website, not as they appear in any photograph. b. Bid Wisely: We want everyone to be pleased with their purchases and most will. However, when you bid on the wrong item or decide an item is not suited for your intended use, our clients will not assume the cost of your mistakes. You agree that your failure to become fully informed about the items offered for sale in an auction will not be grounds for a refusal to pay amounts due to Martin Auctioneers, Inc. nor for any claim against Martin Auctioneers, Inc. 4. WARRANTY AND CONDITION OF ITEMS SOLD: ALL LOTS AND ITEMS ARE SOLD AS IS, WHERE IS, WITH ALL FAULTS, AND WITH NO EXPRESS OR IMPLIED WARRANTIES. NO ACTION TAKEN BY THE AUCTIONEER, AGENTS OR CONSIGNORS (SELLERS) IS INTENDED TO CREATE ANY EXPRESS OR IMPLIED WARRANTY AS TO ANY LOT OR ITEM IN THIS SALE. THE AUCTIONEER SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, CONFORMITY WITH ENVIRONMENTAL LAWS OR REQUIREMENTS, NON-INFRINGEMENT, ACCURACY, TITLE, OR ANY OTHER WARRANTY. 5. Reporting Bidding Errors: You should carefully review every bid you choose to make before submitting that bid. The Auctioneer will not automatically assume that any bid, even a bid that increases your own lower bid, was made in error. If you mistakenly increase your own bid at any time during the auction or make some other bidding error (e.g. placing your bidder number in the price field), you must immediately contact Martin Auctioneers, Inc. by email at martinauctioneers@frontiernet.net. Reports of bidding errors must be made via e-mail; phone reports will not be accommodated. If you make a bidding error during an auction, you must identify and report the error before the auction begins to close. The Auctioneer will not undo bidding errors reported after the auction has begun to close. 6. Changes in Circumstance: All aspects of an auction are subject to change without notice. The Auctioneer reserves the right to, at any time: (1) add or remove items from the auction, (2) split or combine lots, (3) add minimum bids or reserve prices, (4) cancel, suspend, extend or reschedule the sale of an individual item, lot, auction, and/or auction event, (5) make changes to the auction's closing, inspection, or removal times, or (6) take any other action the Auctioneer deems necessary to effect the fair conduct of this sale or protection of buyers', sellers', or other parties' interests. 7. Winning Bids: If you place a bid in this sale, and your bid is determined to be the winning bid, you become obligated to pay for the item(s) that you have won at the price you gave as your bid. a.) Notification: If you end up placing one or more winning bids in an auction, Martin Auctioneers, Inc. will contact you by e-mail to let you know which items you have won. This means that you are responsible for checking your e-mail following the close of the auction to determine what items you have won. If you do not receive an e-mail identifying you as a winning bidder, it is because Martin Auctioneers, Inc. has no record of you having placed a winning bid. b). Bid Inquiries: If you believe that you placed a winning bid, but do not receive an e-mail, you must notify Martin Auctioneers, Inc. by sending an e-mail to martinauctioneers@frontiernet.net. You agree that the Auctioneer will be the sole authority regarding the identification of winning bids. c.) Taxes: Pennsylvania sales tax: 6%. The buyer must also pay to Martin Auctioneers, Inc. all applicable taxes unless the buyer has provided Martin Auctioneers, Inc. tax exemption certification prior to the start of the auction. If you wish to apply for tax-exempt status, you must submit a completed copy of your tax-exempt form PRIOR to auction. Dealers: Must provide a copy of your current Tax ID#. 8. Payment: Must be made by VISA, Discover or MasterCard Credit Cards, Certified Check, or Wire Transfer. (Checks & Wire transfers must be approved prior to bidding. Checks accepted only with a Current Bank Letter of Guaranteed Payment, payable to Martin Auctioneers, Inc. This currently dated letter must be presented prior to the start of the auction and will be held by the auction firm. Wire Transfers – there shall be a fee of $50 applied to invoice total. Please call 717.354.6671 for Wire Transfer instructions.) The credit card associated with your account will be automatically charged for the full price of your purchases (to include Buyer's Premium and applicable taxes). For this reason, it is imperative that you provide Martin Auctioneers, Inc. with a credit card that has sufficient credit available to pay for all your purchases at the moment the auction closes! All buyers will receive an invoice regarding their purchases. The credit card on file will be charged the amount owing if other arrangements have not been made PRIOR to auction. a.) Suspension: You understand and agree that if, at the end of an auction, Martin Auctioneers, Inc. is twice unable to charge your credit card for the entire amount of your purchases, Martin Auctioneers, Inc. will suspend your online bidding privileges indefinitely. b.) Chargebacks Prohibited: You agree that you will accept all charges placed on the credit card associated with your account, and you agree that you will not charge back any amount that Martin Auctioneers, Inc. charges to your credit card. You agree that this provision applies equally to amounts charged in connection with any items you have won and any costs or fees discussed in Paragraph 12 of these Terms and Conditions. 9. Buyer's Premium: A 15% buyer's premium is added to every purchase (3% discount for approved checks). This means, as an example, if your winning bids add up to $100, you will be charged $115. 10. Default and Resale: You agree that if, after being declared the winning bidder, you fail to pay for any item that you have won for any reason, your account will be declared in default. If you still refuse to pay for any item after being notified of your account's being in default you agree that Martin Auctioneers, Inc. will have the right to immediately resell your item, and you further agree to pay (1) any cost associated with the resale and (2) any deficiency between your original purchase price and the resale price. 11. Picking Up Your Items: Due to the COVID-19 restrictions, FREE STORAGE will be available for all items purchased at this auction (May 12, 2020) until Thursday, June 25. A $50 per month storage fee will be added to all horse drawn vehicles in storage starting Friday, June 26, unless other arrangements have been made in writing and agreed upon by Auctioneer and Purchaser. All items in storage will be the responsibility of the Purchaser. It is the bidder's duty to remove items safely. You are solely responsible for the safe pick-up, removal, and transportation of your items. You agree that the pick-up, removal, and transportation of your items will be solely at your expense and at your risk. You further agree that you will be responsible for any damage that you or any of your agents cause during any removal period, and agree that the credit card associated with your online account will be charged for any expenses incurred and/or repairs necessary as a result of any damage that you cause. a.) Release Upon Presentation of Receipt: You understand and agree that Martin Auctioneers, Inc. will release your items only after you or your agent presents a paid sales receipt generated by Martin Auctioneers, Inc. stating that your account is paid in full. You further understand and agree that it is your duty to ensure that any agent picking up items on your behalf has a copy of your paid sales receipt to present at the pick-up location. You explicitly authorize Martin Auctioneers, Inc. to release your items to any person in possession of your paid sales receipt. b.) Abandonment: You understand and agree that any item that you do not pick up during the published removal times will be considered abandoned. You understand and agree that you will be charged a reasonable fee for the storage, removal, and/or disposal of any item that is considered abandoned. 12. Shipping: Martin Auctioneers, Inc. will not be held responsible for the cost or liability in arrangements for shipping to awarded buyers. Martin Auctioneers, Inc. will assist buyers with shipping arrangements as a convenience to buyers. Buyer is responsible for all shipping charges, including any S/H and insurance. Each lot purchased will be on an individual basis as agreed upon by Auctioneer and Bidder for shipping arrangements. However, Martin Auctioneers, Inc. and its employees will not be held liable for shipping convenience between Auctioneer and Bidders. IT IS THE RESPONSIBILITY OF THE BIDDER TO VERIFY AND CONFIRM THE SHIPPING ADDRESS AS IT APPEARS ON EACH INVOICE. Once shipping costs have been determined for each buyer, a second credit card charge will be processed for the full cost of shipping. 13. Disposal of Unclaimed Items: In the event, you refuse to pay for or abandon any item that you win at auction, Martin Auctioneers, Inc. will have the option of reselling, removing, storing, or disposing of the unpaid or abandoned item. You understand and agree that you will be personally responsible for all deficiencies including all legal, collection, transportation, and storage expenses associated with your delinquent account and/or abandoned items. In the event of resale, you agree to pay any cost associated with the resale as well as any deficiency between your original purchase price and the resale price. 14. Non-Delivery: In the unusual event that an item has been totally mis-described or is unavailable for pickup during the published removal times, you must immediately notify Martin Auctioneers, Inc. onsite staff of the problem and file a claim for non-delivery within twenty-four hours. You understand and agree that if you fail to make a claim for non-delivery within twenty-four hours of your discovering the problem, your claim for non-delivery will not be honored. Claims for non-delivery may be filed by replying to the e-mail that informed you of your winning binds. Your claim must fully describe the nature of the problem that you have identified. 15. Claims and Choice of Venue: Any claim or controversy out of or relating to these Terms and Conditions, or to any breach thereof, will be settled. You agree that any judgments awarded may be applied to and collected from you personally or corporately. Should any party file an action contrary to this paragraph, the counterparty may recover reasonable legal fees and costs. Further, if you bring a claim against Martin Auctioneers, Inc. and do not prevail, you agree that you will reimburse Martin Auctioneers, Inc. for all reasonable legal fees and costs. 16. Interim or Preliminary Relief: You agree that Martin Auctioneers, Inc. may seek interim or preliminary relief in a court having jurisdiction to protect any rights or property that Martin Auctioneers, Inc. may have pending arbitration or litigation. 17. Liability: In all cases, Martin Auctioneers, Inc. liability, and the liability of the seller of the items in an auction, will be limited to the refund of your purchase price. Martin Auctioneers, Inc. will not be liable for any amount about the postponement or cancellation of an auction, or the withdrawal of any item or lot from an auction. In no event, will Martin Auctioneers, Inc. be liable for lost profits or any special, incidental, or consequential damages arising out of or in connection with an auction or any related sale or transaction. a.) No Liability for the Acts of Third Parties: Martin Auctioneers, Inc. is not responsible for any action taken by any seller, bidder, or other third party before, during, or after an auction. b.) No Liability for Site Malfunction: You understand that an online auction relies on devices and programs that may malfunction without warning. You agree that Martin Auctioneers, Inc. will not be liable for any error or inconvenience that may be the result of such a malfunction. You further understand and agree that Martin Auctioneers, Inc. may void or suspend any sale, or resell any item, if Martin Auctioneers, Inc. determines a transaction to have been affected by any site malfunction. 18. Indemnification: You agree to indemnify, defend, and hold harmless Martin Auctioneers, Inc. and its employees, officers, owners, affiliates, agents, and representatives from and against any claims, losses, damages, liabilities, judgments, fees, costs, and expenses, including reasonable legal fees and costs, related to, arising from, or associated with you, your agents or representatives including, but not limited to, personal injury or property damage caused at any sales site or during removal or transportation of items won at auction, any dispute with another bidder, or any violation of these Terms and Conditions. 19. Limitations: These Terms and Conditions do not, nor are they intended to create any agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship. These Terms and Conditions cannot be altered except in writing by Martin Auctioneers, Inc. 20. Severability: If any term, provision, paragraph, condition, or other portion of this agreement, or the application of these, to any person, place, or circumstance, is held to be invalid, unenforceable, or void, the remainder of this agreement and such term, provision, covenant or condition as applied to other persons, places and circumstances will remain in full force and effect. 21. Governing Law: These Terms and Conditions will be governed by and construed under the laws of the State of the state of Pennsylvania. 22. Entire Agreement: These Terms and Conditions contain our entire agreement and supersede any prior oral or written agreements relating to the same subject matter.

49th Annual Spring Auction of Coaches, Carriages,Appointments, Agricultural Equipment, Horse Antiques & Related Items